Bill Text: CA SB1142 | 2015-2016 | Regular Session | Amended

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Bill Title: Disability access.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1142 Detail]

Download: California-2015-SB1142-Amended.html

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BILL NUMBER: SB 1142	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2016

INTRODUCED BY   Senator Moorlach
    (   Coauthors:   Senators   Bates,
  Gaines,   Roth,   and Vidak  
) 
    (   Coauthors:   Assembly Members 
 Bigelow,   Brough,   Gallagher,  
Grove,   Kim,   and Olsen   ) 

                        FEBRUARY 18, 2016

   An act to add Sections 54.15 and 55.565 to the Civil Code,
relating to disability access.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1142, as amended, Moorlach. Disability access.
   (1) Existing law prohibits discrimination on the basis of various
specified personal characteristics, including disability. Existing
law provides that individuals with disabilities are entitled to full
and equal access to places to which the general public is invited,
subject to specified conditions and limitations.
   This bill would provide that when there is a conflict or
difference between the federal Americans with Disabilities Act of
1990 and any state law, standard, or regulation relating to the
access of individuals with disabilities to any place to which the
general public is invited, the federal Americans with Disabilities
Act of 1990 shall control.
   (2) Existing law allows a plaintiff to collect statutory damages
in a construction-related accessibility claim against a place of
public accommodation only if a violation of a construction-related
accessibility standard denied the plaintiff full and equal access to
the place of public accommodation on a particular occasion, as
specified. Existing law reduces a defendant's liability for statutory
damages in a construction-related accessibility claim against a
place of public accommodation to a minimum of $1,000 for each offense
if the defendant demonstrates that it has corrected all
construction-related violations that are the basis of a claim within
60 days of being served with the complaint and meets certain
requirements, or a minimum of $2,000 for each offense if the
defendant has corrected all construction-related violations that are
the basis of a claim within 30 days of being served with the
complaint and is a small business, as specified.
   This bill would prohibit a construction-related accessibility
claim  for statutory damages  from being initiated in a
legal proceeding against a defendant unless the defendant has been
served with a demand letter specifying each alleged violation of a
construction-related accessibility standard and the alleged
violations have not been corrected within 120 days of service. The
bill would provide that a defendant is not liable for statutory
damages, costs, or plaintiff's attorney's fees for an alleged
violation that is corrected within 120 days of service of a demand
letter alleging the violation.
   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.  The Legislature finds and declares as follows:
   (a) Under California law, all persons are entitled to full and
equal accommodations, advantages, facilities, privileges, or services
in all business establishments, including both private and public
entities. However, oppressive lawsuits are needlessly decreasing or
limiting access to public facilities since funds that could have been
used to create greater accessibility are being taken by some
attorneys for their excessive fees through unnecessary litigation.
   (b) To encourage greater accessibility and to ensure that
compliance can be accomplished quickly, the Legislature hereby amends
the law to allow remedial access corrections to be made without
litigation and without needless payments of overly burdensome
attorney's fees.
  SEC. 2.  Section 54.15 is added to the Civil Code, to read:
   54.15.  Notwithstanding any other law, when there is a conflict or
difference between the federal Americans with Disabilities Act of
1990 (Public Law 101-336) and any state law, standard, or regulation
relating to the access of individuals with disabilities to any place
to which the general public is invited, the federal Americans with
Disabilities Act of 1990 (Public Law 101-336) shall control.
  SEC. 3.  Section 55.565 is added to the Civil Code, to read:
   55.565.  (a) Notwithstanding any other law, a construction-related
accessibility claim  for statutory damages  shall 
not  be initiated in a legal proceeding against a defendant
 unless   only if  both of the following
apply:
   (1) The defendant has been served with a demand letter specifying
each alleged violation of a construction-related accessibility
standard.
   (2) The alleged violations of construction-related accessibility
standards have not been corrected within 120 days of service of the
demand letter.
   (b) Service of a demand letter pursuant to  subdivision
(a)   this section  may be accomplished by any
means authorized for service of a summons.
   (c) A defendant shall not be liable for statutory damages, costs,
or plaintiff's attorney's fees for an alleged violation of a
construction-related accessibility standard that is corrected within
120 days of service of a demand letter alleging the violation.