SECTIONS 19400-19404 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 19400-19404

19400. It is the purpose of this chapter to extend the
opportunities for individuals with disabilities for employment
through encouragement of local communities to develop rehabilitation
programs and to provide the state with information concerning their
effectiveness in providing employment and rehabilitation services to
individuals with disabilities.

19401. The department may provide consultive services to
organizations in the establishment and operation of community
rehabilitation programs for individuals with disabilities. These
consultive service shall include the bringing together of persons
interested in the established community rehabilitation programs,
surveying community needs, securing the cooperation of other
community agencies, planning methods of financing, securing work
contracts, establishing professional standards, and maintaining of
appropriate records.

19402. The department may contract with qualified persons or firms
for consultation in such technical fields as accounting, engineering
and sales so that the directors and governing bodies of the community
rehabilitation programs may be advised as to the desirability of any
undertaking and the best methods of achieving their objectives.

19403. It is the intent of the Legislature to encourage state
organizations, cities, counties, districts, and other political
subdivisions to purchase products manufactured by and services
provided by public or private nonprofit California corporations
operating workshops serving individuals with disabilities whenever it
is feasible to do so and the proximity of the public or private
nonprofit California corporations operating workshops serving
individuals with disabilities makes the purchases reasonably
convenient and to provide equality of competitive advantage for
organizations operating workshops for individuals with disabilities
and organizations operating workshops for individuals who are blind.

19404. Any state agency, city or county, political subdivision, or
district of this state may, without advertising or calling for bids,
purchase materials and supplies manufactured and services provided by
public or private nonprofit California corporations operating
community rehabilitation programs serving persons with disabilities
who have indicated an interest in supplying those goods and services
and may, on an equitable basis apportion the business among the
interested community rehabilitation programs, provided the goods or
services meet the specifications and needs of the purchasing agency
and are purchased at a fair market price, as determined by the
appropriate state or local agency and provided that the public or
private nonprofit California corporations comply with all of the
following requirements:
(a) (1) Contract work obtained under this section shall be
performed by a labor force which is comprised primarily of persons
with disabilities, as measured by the percentage of person-hours of
direct labor devoted to the contract work.
(2) For purposes of this paragraph, "primarily" means 75 percent
or greater.
(3) Agree to make those elections permitted of any nonprofit
corporation under the federal Insurance Contributions Act and the
California Unemployment Insurance Code in order to provide social
security and unemployment and disability benefits for its employees
commencing with its first contract or purchase order under this
section and continuing thereafter. In the event that the nonprofit
corporation ceases to provide those benefits, any existing contract
or purchase order under this section with the corporation is
terminated and no further contracts or purchase orders shall be
awarded to that corporation for the period of two years after the
corporation ceases to provide the benefits. For the purposes of this
subdivision, a person with a disability shall be considered an
employee when performing productive work.
(4) Provide in its articles of incorporation that at least two of
the directors of its board of directors shall be comprised of persons
with disabilities or the parents, guardians, or conservators of
individuals with disabilities. Directors who are also employees of
the nonprofit corporation shall not participate in or be present at
discussions of the board of directors concerned with labor-management
contract negotiations.
(5) Provide for disabled employees of the nonprofit corporation
benefits and other employer-employee agreements substantially equal
to those benefits and agreements entered into between each nonprofit
corporation and the representatives designated by a majority of the
employees.
(6) Not commit any unfair labor practices as defined in Section 8
(a) of the National Labor Relations Act.
(7) Abide by the provisions of the Federal Fair Labor Standards
Act, the Walsh-Healy Public Contract Act, the Wagner O'Day Act, and
the regulations of the State Division of Industrial Welfare.
(b) For purposes of this section a "person with a disability"
means any person, other than a person who is blind, who is so
severely incapacitated by any physical or mental disability that he
or she cannot currently engage in normal competitive employment
because of the disability.