BILL NUMBER: SB 747	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Corbett, Calderon, Harman, Runner, and
Steinberg

                        FEBRUARY 23, 2007

   An act to amend Section 54.3 of the Civil Code, relating to
disabled persons.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 747, as introduced, Corbett. Disabled persons: equal access
rights.
   Under existing law, individuals with certain disabilities are
entitled to equal access rights to various facilities, and
individuals licensed to train dogs as guide dogs, signal dogs, or
service dogs may take the dogs, for purposes of training, into
specified places where disabled individuals are required to be given
access. Under existing law, a person who denies or interferes with
admittance to, or enjoyment of, public facilities or otherwise
interferes with the rights of an individual with a disability, is
liable for each offense for the actual damages and any amount
determined by a jury, or the court sitting without a jury, up to a
maximum of 3 times the amount of actual damages, but in no case less
than $1,000.
   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 54.3 of the Civil Code is amended to read:
   54.3.  (a)  Any   A  person or persons,
firm or corporation who denies or interferes with admittance to or
enjoyment of the public facilities as specified in Sections 54 and
54.1 or otherwise interferes with the rights of an individual with a
disability  under   pursuant to  Sections
54, 54.1 and 54.2 is liable for each offense for the actual damages
and any amount as may be determined by a jury, or the court sitting
without a jury, up to a maximum of three times the amount of actual
damages but in no case less than one thousand dollars ($1,000),
 and   in addition to  attorney's fees as
may be determined by the court  in addition thereto 
, suffered by  any   a  person denied any
of the rights provided in Sections 54, 54.1, and 54.2. "Interfere,"
for purposes of this section, includes, but is not limited to,
preventing or causing the prevention of a guide dog, signal dog, or
service dog from carrying out its functions in assisting a disabled
person.
   (b)  Any   A  person who claims to be
aggrieved by an alleged unlawful practice in violation of Section 54,
54.1, or 54.2 may also file a verified complaint with the Department
of Fair Employment and Housing pursuant to Section 12948 of the
Government Code. The remedies in this section are nonexclusive and
are in addition to any other remedy provided by law, including, but
not limited to,  any   an  action for
injunctive or other equitable relief available to the aggrieved party
or brought in the name of the people of this state or of the United
States.
   (c) A person may not be held liable for damages pursuant to both
this section and Section 52 for the same act or failure to act.