BILL NUMBER: HR 54	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Olsen

                        AUGUST 6, 2014

   Relative to the Americans with Disabilities Act.


	LEGISLATIVE COUNSEL'S DIGEST
             HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST



   WHEREAS, Even though the Americans with Disabilities Act (ADA) has
been implemented nationally, California is among the top states for
ADA lawsuits; and
   WHEREAS, Congressional House Resolution 994, authored by
Representative Ken Calvert, known as the ACCESS Act of 2013, would
alleviate the financial burden small businesses are facing by those
lawsuits, while still fulfilling the purposes of the ADA; and
   WHEREAS, HR 994 would require an owner or operator of a business
to provide the party alleging a violation of the ADA, within 60 days,
a description outlining improvements that would be made to address
the barrier; and
   WHEREAS, Under HR 994, the owner or operator would then have 120
days to remove the infraction and failure to meet any of these
conditions would allow the suit to go forward; and
   WHEREAS, The goal of the HR 994 is to maintain the intent of ADA
in providing access for the disabled and to stop the abuse that is
providing trial lawyers with access to the wallets of small business
owners; and
   WHEREAS, Federal ADA-related lawsuits do not give business owners
an opportunity to remedy any ADA-related shortcomings before a
lawsuit is allowed to proceed; and
   WHEREAS, Reforms, including offering small businesses an
opportunity to make accessibility improvements before a lawsuit can
move forward, are needed to protect small business owners from
predatory lawsuits brought under the ADA, while continuing to provide
access for the disabled in accordance with the ADA; now, therefore,
be it
   Resolved by the Assembly of the State of California, That the
Assembly urges the United States Congress to pass HR 994, the ACCESS
Act of 2013, to restore the original intent of the ADA, increase
access for Americans with disabilities, and help small businesses
comply with the Americans with Disabilities Act (ADA); and be it
further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President and Vice President of the United
States, the Speaker of the House of Representatives, the Majority
Leader of the Senate, and each Senator and Representative from
California in the Congress of the United States.