Bill Text: CA AB357 | 2011-2012 | Regular Session | Introduced
Bill Title: Equal access rights: construction-related access claims.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-02-01 - Died at Desk. [AB357 Detail]
Download: California-2011-AB357-Introduced.html
BILL NUMBER: AB 357 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Garrick
FEBRUARY 10, 2011
An act to amend Section 55.3 of the Civil Code, relating to
disability access.
LEGISLATIVE COUNSEL'S DIGEST
AB 357, as introduced, Garrick. Equal access rights:
construction-related access claims.
The federal Americans with Disabilities Act of 1990 prohibits
discrimination against an individual with a disability on the basis
of that disability in specified situations, including employment
opportunities and access to public accommodations, services, and
transportation.
Existing state law prohibits any person, firm, or corporation from
denying or interfering with a disabled person's admittance to or
enjoyment of public facilities, or from otherwise interfering with
the rights of an individual with a disability, as specified. Existing
law requires an attorney to provide a written advisory to a building
owner or tenant with each demand for money or complaint for any
construction-related accessibility claim.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 55.3 of the Civil Code is amended to read:
55.3. (a) For purposes of this section, the following shall
apply:
(1) "Complaint" means a civil complaint that is filed or is to be
filed with a court , and is sent to or served upon a
defendant on the basis of one or more construction-related
accessibility claims, as defined in this section.
(2) "Demand for money" means a written document that is provided
to a building owner or tenant, or an agent or employee of a building
owner or tenant, that contains a request for money on the basis of
one or more construction-related accessibility claims, as defined in
paragraph (3).
(3) "Construction-related accessibility claim" means any claim of
a violation of any construction-related accessibility standard, as
defined by paragraph (6) of subdivision (a) of Section 55.52, with
respect to a place of public accommodation. "Construction-related
accessibility claim" does not include a claim of interference with
housing accommodations within the meaning of paragraph (2)
of subdivision (b) of Section 54.1, or any claim of interference
caused by something other than the construction-related accessibility
condition of the property, including, but not limited to, the
conduct of any person.
(b) An attorney shall provide a written advisory with each demand
for money or complaint sent to or served by him or her upon a
defendant, in the form described in subdivision (c), and on a page or
pages that are separate and clearly distinguishable from the demand
for money or complaint, as follows:
IMPORTANT INFORMATION FOR BUILDING OWNERS AND TENANTS
This form is available in English, Spanish, Chinese, Vietnamese,
and Korean through the Judicial Council of California. Persons with
visual impairments can get assistance in viewing this form through
the Judicial Council Internet Web site at
http://www.courtinfo.ca.gov.
Existing law requires that you receive this information because
the demand for money or complaint you received with this document
claims that your building or property does not comply with one or
more existing construction-related accessibility laws or regulations
protecting the civil rights of persons with disabilities to access
public places.
YOU HAVE IMPORTANT LEGAL OBLIGATIONS. Compliance with disability
access laws is a serious and significant responsibility that applies
to all California building owners and tenants with buildings open for
business to the public. You may obtain information about your legal
obligations and how to comply with disability access laws through the
Division of the State Architect. Commencing September 1, 2009,
information will also be available from the California Commission on
Disability Access Internet Web site.
YOU HAVE IMPORTANT LEGAL RIGHTS. You are not required to pay any
money unless and until a court finds you liable. Moreover, RECEIPT OF
THIS ADVISORY DOES NOT NECESSARILY MEAN YOU WILL BE FOUND LIABLE FOR
ANYTHING.
You may wish to promptly consult an attorney experienced in this
area of the law to get helpful legal advice or representation in
responding to the demand for money or complaint you received. You may
contact the local bar association in your county for information on
available attorneys in your area. If you have insurance, you may also
wish to contact your insurance provider. You have the right to seek
assistance or advice about this demand for money or complaint from
any person of your choice, and no one may instruct you otherwise.
Your best interest may be served by seeking legal advice or
representation from an attorney.
If a complaint has been filed and served on you and your property
has been inspected by a Certified Access Specialist (CASp; see
www.dsa.dgs.ca.gov/casp), you may have the right to a court stay
(temporary stoppage) and early evaluation conference to evaluate the
merits of the construction-related accessibility claim against you
pursuant to Civil Code Section 55.54. At your option, you may be, but
need not be, represented by an attorney to file a reply and to file
an application for a court stay and early evaluation conference. If
you choose not to hire an attorney to represent you, you may obtain
additional information about how to represent yourself and how to
file a reply without hiring an attorney through the Judicial Council
Internet Web site at http://www.courtinfo.ca.gov/selfhelp/. You may
also obtain a form to file your reply to the lawsuit, as well as the
form and information for filing an application to request the court
stay and early evaluation conference at that same Web site.
If you choose to hire an attorney to represent you, the attorney
who sent you the demand for money or complaint is prohibited from
contacting you further unless your attorney has given the other
attorney permission to contact you. If the other attorney does try to
contact you, you should immediately notify your attorney.
(c) On or before July 1, 2009, the Judicial Council shall adopt a
form that may be used by attorneys to comply with the requirements of
subdivision (b). The form shall be in substantially the same format
and include all of the text set forth in subdivision (b). The form
shall be available in English, Spanish, Chinese, Vietnamese, and
Korean, and shall include a statement that the form is available in
additional languages, and the Judicial Council Internet Web site
address where the different versions of the form may be located. The
form shall include Internet Web site information for the Division of
the State Architect and, when operational, the California Commission
on Disability Access.
(d) Subdivision (b) shall apply only to a demand for money or
complaint made by an attorney. Nothing in this section is intended to
affect the right to file a civil complaint under any other law or
regulation protecting the physical access rights of persons with
disabilities. Additionally, nothing in this section requires a party
acting in propria persona to provide or send a demand for money to
another party before proceeding against that party with a civil
complaint.
(e) This section shall not apply to any action brought by the
Attorney General, or by any district attorney, city attorney, or
county counsel.
