Bill Text: CA AB54 | 2015-2016 | Regular Session | Chaptered
Bill Title: Disability access: construction-related accessibility claims: demand letters.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 872, Statutes of 2016. [AB54 Detail]
Download: California-2015-AB54-Chaptered.html
BILL NUMBER: AB 54 CHAPTERED
BILL TEXT
CHAPTER 872
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 16, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN SENATE MAY 24, 2016
AMENDED IN ASSEMBLY JANUARY 13, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY MARCH 16, 2015
AMENDED IN ASSEMBLY FEBRUARY 18, 2015
INTRODUCED BY Assembly Member Olsen
(Principal coauthor: Assembly Member Gray)
(Coauthors: Assembly Members Achadjian, Travis Allen, Baker,
Brough, Lackey, Obernolte, and Steinorth)
(Coauthor: Senator Nielsen)
DECEMBER 1, 2014
An act to amend Section 55.32 of the Civil Code, and to add
Section 8299.08.1 of the Government Code, relating to disability
access.
LEGISLATIVE COUNSEL'S DIGEST
AB 54, Olsen. Disability access: construction-related
accessibility claims: demand letters.
Existing law prohibits discrimination on the basis of various
specified personal characteristics, including disability. The
Construction-Related Accessibility Standards Compliance Act
establishes standards for making new construction and existing
facilities accessible to persons with disabilities and provides for
construction-related accessibility claims for violations of those
standards. Existing law requires that a copy of the demand letter and
the complaint be sent to the California Commission on Disability
Access.
This bill would, in addition, require that information about the
demand letter and the complaint be submitted to the commission in a
standard format specified by the commission on the commission's
Internet Web site. The bill would require the commission to post a
new standard format on its Internet Web site at least 30 days before
requiring information be in the new standard format.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 55.32 of the Civil Code, as amended by Section
2 of Chapter 755 of the Statutes of 2015, is amended to read:
55.32. (a) An attorney who provides a demand letter, as defined
in subdivision (a) of Section 55.3, shall do all of the following:
(1) Include the attorney's State Bar license number in the demand
letter.
(2) Contemporaneously with providing the demand letter, send a
copy of the demand letter to the State Bar of California by facsimile
transmission at 1-415-538-2171, or by mail to 180 Howard Street, San
Francisco, CA, 94105, Attention: Professional Competence.
(3) Within five business days of providing the demand letter, send
a copy of the demand letter, and submit information about the demand
letter in a standard format specified by the California Commission
on Disability Access on the commission's Internet Web site pursuant
to Section 8299.08.1 of the Government Code, to the commission.
(b) An attorney who sends or serves a complaint, as defined in
subdivision (a) of Section 55.3, shall do both of the following:
(1) Send a copy of the complaint and submit information about the
complaint in a standard format specified by the California Commission
on Disability Access on the commission's Internet Web site pursuant
to Section 8299.08.1 of the Government Code to the commission within
five business days of sending or serving the complaint.
(2) Notify the California Commission on Disability Access within
five business days of judgment, settlement, or dismissal of the claim
or claims alleged in the complaint of the following information in a
standard format specified by the commission on the commission's
Internet Web site pursuant to Section 8299.08.1 of the Government
Code:
(A) The date of the judgment, settlement, or dismissal.
(B) Whether or not the construction-related accessibility
violations alleged in the complaint were remedied in whole or in part
after the plaintiff filed a complaint or provided a demand letter,
as defined by Section 55.3.
(C) If the construction-related accessibility violations alleged
in the complaint were not remedied in whole or in part after the
plaintiff filed a complaint or provided a demand letter, as defined
by Section 55.3, whether or not another favorable result was achieved
after the plaintiff filed the complaint or provided the demand
letter.
(D) Whether or not the defendant submitted an application for an
early evaluation conference and stay pursuant to Section 55.54,
whether the defendant requested a site inspection, the date of any
early evaluation conference, and the date of any site inspection.
(c) A violation of paragraph (2) or (3) of subdivision (a) or
subdivision (b) shall constitute cause for the imposition of
discipline of an attorney where a copy of the complaint, demand
letter, or notification of a case outcome is not sent to the
California Commission on Disability Access in the standard format
specified on the commission's Internet Web site pursuant to Section
8299.08.1 of the Government Code within five business days, or a copy
of the demand letter is not sent to the State Bar within five
business days. In the event the State Bar receives information
indicating that an attorney has failed to send a copy of the
complaint, demand letter, or notification of a case outcome to the
California Commission on Disability Access in the standard format
specified on the commission's Internet Web site pursuant to Section
8299.08.1 of the Government Code within five business days, the State
Bar shall investigate to determine whether paragraph (3) of
subdivision (a) or subdivision (b) has been violated.
(d) Notwithstanding subdivisions (a) and (b), an attorney is not
required to send to the State Bar of California or the California
Commission on Disability Access a copy of any subsequent demand
letter or amended complaint in the same dispute following the initial
demand letter or complaint, unless that subsequent demand letter or
amended complaint alleges a new construction-related accessibility
claim.
(e) A demand letter, complaint, or notification of a case outcome
sent to the California Commission on Disability Access shall be for
the informational purposes of Section 8299.08 of the Government Code.
A demand letter received by the State Bar from either the sender or
recipient of the demand letter shall be reviewed by the State Bar to
determine whether subdivision (b) or (c) of Section 55.31 has been
violated.
(f) (1) Commencing July 31, 2013, and annually each July 31
thereafter, the State Bar shall report to the Legislature and the
Chairs of the Senate and Assembly Committees on Judiciary, both of
the following with respect to demand letters received by the State
Bar:
(A) The number of investigations opened to date on a suspected
violation of subdivision (b) or (c) of Section 55.31.
(B) Whether any disciplinary action resulted from the
investigation, and the results of that disciplinary action.
(2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(g) The California Commission on Disability Access shall review
and report on the demand letters, complaints, and notifications of
case outcomes it receives as provided in Section 8299.08 of the
Government Code.
(h) Paragraphs (2) and (3) of subdivision (a) and subdivision (b)
shall not apply to a demand letter or complaint sent or filed by an
attorney employed or retained by a qualified legal services project
or a qualified support center, as defined in Section 6213 of the
Business and Professions Code, when acting within the scope of
employment in asserting a construction-related accessibility claim.
The Legislature finds and declares that qualified legal services
projects and support centers are extensively regulated by the State
Bar of California, and that there is no evidence of any abusive use
of demand letters or complaints by these organizations. The
Legislature further finds that, in light of the evidence of the
extraordinarily small number of construction-related accessibility
cases brought by regulated legal services programs, and given the
resources of those programs, exempting regulated legal services
programs from the requirements of this section to report to the
California Commission on Disability Access will not affect the
purpose of the reporting to, and tabulation by, the commission of all
other construction-related accessibility claims.
(i) This section shall become operative on January 1, 2013.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed.
SEC. 2. Section 55.32 of the Civil Code, as amended by Section 3
of Chapter 755 of the Statutes of 2015, is amended to read:
55.32. (a) An attorney who provides a demand letter, as defined
in subdivision (a) of Section 55.3, shall do all of the following:
(1) Include the attorney's State Bar license number in the demand
letter.
(2) Within five business days of providing the demand letter, send
a copy of the demand letter, and submit information about the demand
letter in a standard format specified by the California Commission
on Disability Access on the commission's Internet Web site pursuant
to Section 8299.08.1 of the Government Code, to the commission.
(b) An attorney who sends or serves a complaint, as defined in
subdivision (a) of Section 55.3, shall do both of the following:
(1) Send a copy of the complaint and submit information about the
complaint in a standard format specified by the California Commission
on Disability Access on the commission's Internet Web site pursuant
to Section 8299.08.1 of the Government Code to the commission within
five business days of sending or serving the complaint.
(2) Notify the California Commission on Disability Access within
five business days of judgment, settlement, or dismissal of the claim
or claims alleged in the complaint of the following information in a
standard format specified by the commission on the commission's
Internet Web site pursuant to Section 8299.08.1 of the Government
Code:
(A) The date of the judgment, settlement, or dismissal.
(B) Whether or not the construction-related accessibility
violations alleged in the complaint were remedied in whole or in part
after the plaintiff filed a complaint or provided a demand letter,
as defined by Section 55.3.
(C) If the construction-related accessibility violations alleged
in the complaint were not remedied in whole or in part after the
plaintiff filed a complaint or provided a demand letter, as defined
by Section 55.3, whether or not another favorable result was achieved
after the plaintiff filed the complaint or provided the demand
letter.
(D) Whether or not the defendant submitted an application for an
early evaluation conference and stay pursuant to Section 55.54,
whether the defendant requested a site inspection, the date of any
early evaluation conference, and the date of any site inspection.
(c) A violation of paragraph (2) of subdivision (a) or subdivision
(b) shall constitute cause for the imposition of discipline of an
attorney if a copy of the demand letter, complaint, or notification
of a case outcome is not sent to the California Commission on
Disability Access in the standard format specified on the commission'
s Internet Web site pursuant to Section 8299.08.1 of the Government
Code within five business days. In the event the State Bar receives
information indicating that an attorney has failed to send a copy of
the demand letter, complaint, or notification of a case outcome to
the California Commission on Disability Access in the standard format
specified on the commission's Internet Web site pursuant to Section
8299.08.1 of the Government Code within five business days, the State
Bar shall investigate to determine whether paragraph (2) of
subdivision (a) or subdivision (b) has been violated.
(d) Notwithstanding subdivisions (a) and (b), an attorney is not
required to send to the California Commission on Disability Access a
copy of any subsequent demand letter or amended complaint in the same
dispute following the initial demand letter or complaint, unless
that subsequent demand letter or amended complaint alleges a new
construction-related accessibility claim.
(e) A demand letter or notification of a case outcome sent to the
California Commission on Disability Access shall be for the
informational purposes of Section 8299.08 of the Government Code. A
demand letter received by the State Bar from the recipient of the
demand letter shall be reviewed by the State Bar to determine whether
subdivision (b) or (c) of Section 55.31 has been violated.
(f) (1) Notwithstanding Section 10231.5 of the Government Code, on
or before July 31, 2019, and annually thereafter, the State Bar
shall report to the Legislature and the Chairs of the Senate and
Assembly Judiciary Committees, both of the following with respect to
demand letters received by the State Bar:
(A) The number of investigations opened to date on a suspected
violation of subdivision (b) or (c) of Section 55.31.
(B) Whether any disciplinary action resulted from the
investigation, and the results of that disciplinary action.
(2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(g) The California Commission on Disability Access shall review
and report on the demand letters, complaints, and notifications of
case outcomes it receives as provided in Section 8299.08 of the
Government Code.
(h) The expiration of any ground for discipline of an attorney
shall not affect the imposition of discipline for any act prior to
the expiration. An act or omission that constituted cause for
imposition of discipline of an attorney when committed or omitted
prior to January 1, 2019, shall continue to constitute cause for the
imposition of discipline of that attorney on and after January 1,
2019.
(i) Paragraph (2) of subdivision (a) and subdivision (b) shall not
apply to a demand letter or complaint sent or filed by an attorney
employed or retained by a qualified legal services project or a
qualified support center, as defined in Section 6213 of the Business
and Professions Code, when acting within the scope of employment in
asserting a construction-related accessibility claim. The Legislature
finds and declares that qualified legal services projects and
support centers are extensively regulated by the State Bar of
California, and that there is no evidence of any abusive use of
demand letters or complaints by these organizations. The Legislature
further finds that, in light of the evidence of the extraordinarily
small number of construction-related accessibility cases brought by
regulated legal services programs, and given the resources of those
programs, exempting regulated legal services programs from the
requirements of this section to report to the California Commission
on Disability Access will not affect the purpose of the reporting to,
and tabulation by, the commission of all other construction-related
accessibility claims.
(j) This section shall become operative on January 1, 2019.
SEC. 3. Section 8299.08.1 is added to the Government Code, to
read:
8299.08.1. At least thirty days before requiring a new standard
format of the information to be sent to the commission pursuant to
Section 55.32 of the Civil Code, the commission shall post on its
Internet Web site the new standard format and the date by when the
commission will begin requiring that information sent to the
commission pursuant to Section 55.32 of the Civil Code be in the new
standard format.
