BILL NUMBER: AB 1994	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 23, 2012

   An act to add Sections 55.5 and 55.6 to the Civil Code, and to
amend Section 4452 of the Government Code, relating to disability
access.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1994, as introduced, Huber. Disability access: causes of
action.
   Under existing law, a person, firm, or corporation that interferes
with the access rights of a disabled individual is liable for the
actual damages of each offense and any amount determined by a judge
or jury of up to 3 times the amount of the actual damages, but in no
case less than $1,000. Existing law requires the State Architect to
develop and submit for approval and adoption building standards for
making buildings, structures, sidewalks, curbs, and related
facilities accessible to, and usable by, persons with disabilities,
as specified.
   This bill would require every county to establish a program that
requires an alleged aggrieved party under the state access laws to
file a complaint with the county planning department in which an
alleged violation occurred. The bill would require the county
planning department to refer every complaint received under this act
to a certified access specialist to determine what measures are
necessary to remedy the alleged violation and the estimated timeframe
for remedy. The bill would require the adoption of a compliance
schedule and require issuance of building permits to the owner,
agent, or responsible party of the alleged violation. The bill would
require all complaints to be subject to the compliance schedule prior
to a cause of action being filed. The bill would authorize the
county to charge a fee to the owner, agent, or responsible party of
the alleged violation for the costs of the program and the compliance
schedule.
   By imposing additional duties on a county, this bill would create
a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 55.5 is added to the Civil Code, to read:
   55.5.  (a) Notwithstanding any other law, every county shall
establish a program that requires an alleged aggrieved party under
this chapter to file a complaint with the county planning department
in which an alleged violation occurred.
   (b) A county planning department shall refer every complaint
received under this section to a certified access specialist to
determine what measures are necessary to remedy the alleged violation
and the estimated timeframe for remedy. The county planning
department shall notify the owner of the property, agent, or other
responsible party where the alleged violation occurred of any
complaint filed under this section and the measures that are required
to be taken to remedy the alleged violation and the timeframe for
compliance.
   (c) The county planning department shall be guided by the
recommendations of the certified access specialist, but may modify
the recommendations, as needed. The county planning department shall
approve the final guidelines and timeframe for compliance and shall
expeditiously submit the compliance schedule to the alleged aggrieved
party and the owner of the property, agent, or other responsible
party. The owner of the property, agent, or other responsible party
shall be subject to the compliance schedule for repair of any alleged
violation.
   (d) The county planning department or other county entity shall
issue building permits to the owner of the property, agent, or other
responsible party for purposes of compliance with this section. The
issuance of building permits shall be subject to existing statutes
and regulations, including existing fees.
   (e) If the owner of the property, agent, or other responsible
party fails to comply with the compliance schedule or any of the
timeframes for repair, the alleged aggrieved party may file a cause
of action at any point in time thereafter.
   (f) Notwithstanding subdivision (e), the county planning
department may, at any point during the time for repair, amend the
compliance schedule upon the request of the owner of the property,
agent, or other responsible party, if the following requirements are
met:
   (1) The owner, agent, or other responsible party proves that he or
she has been diligent in meeting, and has made progress in
attempting to meet, the requirements of the compliance schedule. The
circumstances for which the county planning department may approve
the amendment of the compliance schedule include proof of incremental
weather or backordered, destroyed, or stolen supplies or equipment.
   (2) The alleged aggrieved party is provided notice of the
amendment prior to amendment.
   (3) The alleged aggrieved party is provided an opportunity to
rebut the statements of the owner, agent, or other responsible party.

   (4) The county planning department weighs the evidence and
provides on the record the reason for approving or denying the
amendment of the compliance schedule.
   (g) All alleged violations under this chapter shall be subject to
this section prior to a cause of action being filed.
   (h) A county may charge the owner, agent, or other responsible
party a reasonable fee that does not exceed the costs of operating
the program and implementation of compliance schedules.
  SEC. 2.  Section 55.6 is added to the Civil Code, to read:
   55.6.  Notwithstanding any other law, prior to filing a claim
under Section 51, 52, 54, 54.1, or 54.3, or Section 4450 or 4452 of
the Government Code, an alleged aggrieved party shall notify the
county in which the alleged violation occurred by personal service,
in accordance with applicable state or federal laws, or certified
mail, of all alleged special access violations for which a claim may
be filed by the alleged aggrieved party. The alleged aggrieved party
may not file any cause of action for an alleged violation until the
county determines that the alleged violation has not been remedied
pursuant to the requirements set forth in Section 55.5.
  SEC. 3.  Section 4452 of the Government Code is amended to read:
   4452.   (a)    It is the intent of the
Legislature that the building standards published in the State
Building Standards Code relating to access by the physically
handicapped and the other regulations adopted by the State Architect
pursuant to Section 4450 shall be used as minimum requirements to
insure that buildings, structures and related facilities covered by
this chapter are accessible to, and functional for, the physically
handicapped to, through, and within their doors, without loss of
function, space, or facility where the general public is concerned.

   Any 
    (b)     Any  unauthorized deviation
from  such   those  regulations or building
standards shall be rectified by full compliance within 90 days after
discovery of the deviation. 
   (c) Notwithstanding subdivision (b), prior to any action commenced
for an alleged violation of Section 4450 or this section, the notice
requirements and procedures specified in Sections 55.5 and 55.6 of
the Civil Code shall apply to the alleged aggrieved party. 
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.