BILL NUMBER: SB 747	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 24, 2007

INTRODUCED BY   Senators Corbett, Calderon, Harman, Runner, and
Steinberg
    (   Principal coauthor:   Assembly Member
  Smyth   ) 

                        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 amended, 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.  Existing federal law, the 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. 

   This bill would make technical, nonsubstantive changes to these
provisions.  
   This bill would express the intent of the Legislature to enact
legislation that will promote increased compliance by businesses with
the Americans with Disabilities Act of 1990, state laws that govern
access to public facilities, and federal and state regulations
adopted pursuant to those laws, through education and certification
programs, with the complementary goal of reducing litigation that
seeks attorney's fees and damages without facilitating compliance
with those laws. 
   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.    It is the intent of the Legislature to
enact legislation that will promote increased compliance by
businesses with the Americans with Disabilities Act of 1990, Public
Law 101-336, state laws that govern access to public facilities, and
federal and state regulations adopted pursuant to those laws, through
education and certification programs, with the complementary goal of
reducing litigation that seeks attorney's fees and damages without
facilitating compliance with those laws.  
  SECTION 1.    Section 54.3 of the Civil Code is
amended to read:
   54.3.  (a) 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 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), in
addition to attorney's fees as may be determined by the court,
suffered by 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) 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, 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.