Bill Text: CA AB897 | 2013-2014 | Regular Session | Amended
Bill Title: Disability access fees and information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB897 Detail]
Download: California-2013-AB897-Amended.html
BILL NUMBER: AB 897 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2013
INTRODUCED BY Assembly Member Wagner
FEBRUARY 22, 2013
An act to amend Section 4467 repeal
Sections 4467 and 4469 of the Government Code, relating to
disability access.
LEGISLATIVE COUNSEL'S DIGEST
AB 897, as amended, Wagner. Disability access fees:
reporting. fees and information.
Existing law establishes the Disability Access and Education
Revolving Fund in the Division of the State Architect for the purpose
of increasing disability access and compliance with
construction-related accessibility requirements, as specified.
Existing law requires, until December 31, 2018, that any applicant
for a local business license or equivalent instrument or permit, or
any applicant for the renewal of a business license or equivalent
instrument or permit, pay an additional fee of one dollar for that
license, instrument, or permit, to be collected by the issuing city,
county, or city and county. The revenues from this fee are to be used
for specified administrative costs, to fund increased certified
access specialist (CASp) services in the jurisdiction for the public,
and to facilitate compliance with construction-related accessibility
requirements. Existing law requires each city, county, or city and
county, commencing March 1, 2014, to annually report to the
Legislature regarding the collection and distribution of disability
access fees in the previous calendar year, as prescribed.
Existing law also requires each city, county, and city and county
to provide an applicant for a local business license or equivalent
instrument or permit, or an applicant for the renewal of a business
license or equivalent instrument or permit with specified information
related to disability access compliance and directing the applicants
to designated state agencies for further information.
This bill would delete repeal the
above annual reporting requirement fee,
reporting, and information requirements .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4467 of the
Government Code is repealed.
4467. (a) On and after January 1, 2013, and until December 31,
2018, any applicant for a local business license or equivalent
instrument or permit, and from any applicant for the renewal of a
business license or equivalent instrument or permit, shall pay an
additional fee of one dollar ($1) for that license, instrument, or
permit, which shall be collected by the city, county, or city and
county that issued the license, instrument, or permit.
(b) The city, county, or city and county shall retain 70 percent
of the fees collected under this section, of which up to 5 percent of
the retained moneys may be used for related administrative costs of
this chapter. The remaining moneys shall be used to fund increased
certified access specialist (CASp) services in that jurisdiction for
the public and to facilitate compliance with construction-related
accessibility requirements. The highest priority shall be given to
the training and retention of certified access specialists to meet
the needs of the public in the jurisdiction as provided in Section
55.53 of the Civil Code.
(c) The remaining 30 percent of all fees collected under this
section shall be transmitted on a quarterly basis to the Division of
the State Architect for deposit in the Disability Access and
Education Revolving Fund established under Sections 4465 and 4470.
The funds shall be transmitted within 15 days of the last day of the
fiscal quarter. The Division of the State Architect shall develop and
post on its Internet Web site a standard reporting form for use by
all local jurisdictions. Up to 75 percent of the collected funds in
the Disability Access and Education Revolving Fund shall be used to
establish and maintain oversight of the CASp program and to moderate
the expense of CASp certification and testing.
(d) Each city, county, or city and county shall make an annual
report, commencing March 1, 2014, to the Legislature and to the
Chairs of the Senate and Assembly Committees on Judiciary, and the
Chair of the Senate Committee on Budget and Fiscal Review and the
Chair of the Assembly Committee on Budget, of the total fees
collected in the previous calendar year and of its distribution,
including the moneys spent on administrative services, the moneys
spent to increase CASp services, the moneys spent to fund programs to
facilitate compliance, and the moneys transmitted to the Disability
Access and Education Revolving Fund. A report to be submitted
pursuant to this subdivision shall be submitted in compliance with
Section 9795.
SEC. 2. Section 4469 of the Government
Code is repealed.
4469. On and after January 1, 2013, each city, county, or city
and county shall provide to an applicant for a business license or
equivalent instrument or permit and to an applicant for the renewal
of a business license or equivalent instrument or permit, the
following information:
"Under federal and state law, compliance with disability access
laws is a serious and significant responsibility that applies to all
California building owners and tenants with buildings open to the
public. You may obtain information about your legal obligations and
how to comply with disability access laws at the following agencies:
The Division of the State Architect at
www.dgs.ca.gov/dsa/Home.aspx.
The Department of Rehabilitation at www.rehab.cahwnet.gov.
The California Commission on Disability Access at www.ccda.ca.gov."
SECTION 1. Section 4467 of the Government Code
is amended to read:
4467. (a) On and after January 1, 2013, and until December 31,
2018, any applicant for a local business license or equivalent
instrument or permit, and from any applicant for the renewal of a
business license or equivalent instrument or permit, shall pay an
additional fee of one dollar ($1) for that license, instrument, or
permit, which shall be collected by the city, county, or city and
county that issued the license, instrument, or permit.
(b) The city, county, or city and county shall retain 70 percent
of the fees collected under this section, of which up to 5 percent of
the retained moneys may be used for related administrative costs of
this chapter. The remaining moneys shall be used to fund increased
certified access specialist (CASp) services in that jurisdiction for
the public and to facilitate compliance with construction-related
accessibility requirements. The highest priority shall be given to
the training and retention of certified access specialists to meet
the needs of the public in the jurisdiction as provided in Section
55.53 of the Civil Code.
(c) The remaining 30 percent of all fees collected under this
section shall be transmitted on a quarterly basis to the Division of
the State Architect for deposit in the Disability Access and
Education Revolving Fund established under Sections 4465 and 4470.
The funds shall be transmitted within 15 days of the last day of the
fiscal quarter. The Division of the State Architect shall develop and
post on its Internet Web site a standard reporting form for use by
all local jurisdictions. Up to 75 percent of the collected funds in
the Disability Access and Education Revolving Fund shall be used to
establish and maintain oversight of the CASp program and to moderate
the expense of CASp certification and testing.
