This bill was enacted last year and is effective 1

This bill was enacted last year and is effective 1/02. It amends Gov. Code 11135. That is CA's Section 504 in that it prohibits disability discrimination by recipients of state funding (e.g., local governments and private agencies).

It amends the code section in two significant ways. First it uses "full and equal access" language instead of discrimination, and second it adds coverage to include state conducted programs, much as Section 504 was amended years ago to apply to federally conducted programs.

Note also that Section 11139 was amended in 1999 by AB 1670 (eff. 1/00) to provide a private right of action to enforce Section 11135 (but does not provide for damages).

Both of these bills are to protect Californian's from the constitutional attacks against the ADA.

What does it all mean? It gives deaf and disabled Californian's a new state protection from discriminatory treatment and lack of access ("full and equal access" language arguably is higher access standard) to state conducted programs (only state funded agencies were covered before) and provides a new private right of action to enforce these protections (courts had ruled previously that there was no private right of action to enforce 11135).

Here is the current wording of 11135 and 11139 as amended by AB 1670 and AB 677:

SECTION 1. Section 11135 of the Government Code is amended to
read:
   11135. (a) No person in the State of California shall, on the
basis of ethnic group identification, religion, age, sex, color, or
disability, be unlawfully denied full and equal access to the
benefits of, or be unlawfully subjected to discrimination under, any
program or activity that is conducted, operated, or administered by
the state or by any state agency, is funded directly by the state, or
receives any financial assistance from the state.
   (b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
   (c) As used in this section, "disability" means any mental or
physical disability as defined in Section 12926.
SEC. 2. Section 11139 of the Government Code is amended to read:
   11139. The prohibitions and sanctions imposed by this article are
in addition to any other prohibitions and sanctions imposed by law.

   This article shall not be interpreted in a manner that would
frustrate its purpose.
   This article shall not be interpreted in a manner that would
adversely affect lawful programs which benefit the disabled, the
aged, minorities, and women.
   This article and regulations adopted pursuant to this article may
be enforced by a civil action for equitable relief, which shall be
independent of any other rights and remedies.