Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 897

Introduced by Assembly Member Wagner

February 22, 2013

An act to begin delete amend Section 4467 end delete begin insert repeal Sections 4467 and 4469 end insert of the Government Code, relating to disability access.

LEGISLATIVE COUNSEL’S DIGEST

AB 897, as amended, Wagner. Disability access begin delete fees: reporting. end delete begin insert fees and information. end insert

Existing law establishes the Disability Access and Education Revolving Fund in the Division of the State Architect for the purpose of increasing disability access and compliance with construction-related accessibility requirements, as specified. Existing law requires, until December 31, 2018, that any applicant for a local business license or equivalent instrument or permit, or any applicant for the renewal of a business license or equivalent instrument or permit, pay an additional fee of one dollar for that license, instrument, or permit, to be collected by the issuing city, county, or city and county. The revenues from this fee are to be used for specified administrative costs, to fund increased certified access specialist (CASp) services in the jurisdiction for the public, and to facilitate compliance with construction-related accessibility requirements. Existing law requires each city, county, or city and county, commencing March 1, 2014, to annually report to the Legislature regarding the collection and distribution of disability access fees in the previous calendar year, as prescribed.

begin insert

Existing law also requires each city, county, and city and county to provide an applicant for a local business license or equivalent instrument or permit, or an applicant for the renewal of a business license or equivalent instrument or permit with specified information related to disability access compliance and directing the applicants to designated state agencies for further information.

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This bill would begin delete delete end delete begin insert repeal end insert the above begin delete annual reporting requirement end delete begin insert fee, reporting, and information requirements end insert .

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4467 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

4467.  

(a) On and after January 1, 2013, and until December
31, 2018, any applicant for a local business license or equivalent
instrument or permit, and from any applicant for the renewal of a
business license or equivalent instrument or permit, shall pay an
additional fee of one dollar ($1) for that license, instrument, or
permit, which shall be collected by the city, county, or city and
county that issued the license, instrument, or permit.

(b) The city, county, or city and county shall retain 70 percent
of the fees collected under this section, of which up to 5 percent
of the retained moneys may be used for related administrative costs
of this chapter. The remaining moneys shall be used to fund
increased certified access specialist (CASp) services in that
jurisdiction for the public and to facilitate compliance with
construction-related accessibility requirements. The highest priority
shall be given to the training and retention of certified access
specialists to meet the needs of the public in the jurisdiction as
provided in Section 55.53 of the Civil Code.

(c) The remaining 30 percent of all fees collected under this
section shall be transmitted on a quarterly basis to the Division of
the State Architect for deposit in the Disability Access and
Education Revolving Fund established under Sections 4465 and
4470. The funds shall be transmitted within 15 days of the last day
of the fiscal quarter. The Division of the State Architect shall
develop and post on its Internet Web site a standard reporting form
for use by all local jurisdictions. Up to 75 percent of the collected
funds in the Disability Access and Education Revolving Fund shall
be used to establish and maintain oversight of the CASp program
and to moderate the expense of CASp certification and testing.

(d) Each city, county, or city and county shall make an annual
report, commencing March 1, 2014, to the Legislature and to the
Chairs of the Senate and Assembly Committees on Judiciary, and
the Chair of the Senate Committee on Budget and Fiscal Review
and the Chair of the Assembly Committee on Budget, of the total
fees collected in the previous calendar year and of its distribution,
including the moneys spent on administrative services, the moneys
spent to increase CASp services, the moneys spent to fund
programs to facilitate compliance, and the moneys transmitted to
the Disability Access and Education Revolving Fund. A report to
be submitted pursuant to this subdivision shall be submitted in
compliance with Section 9795.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4469 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

4469.  

On and after January 1, 2013, each city, county, or city
and county shall provide to an applicant for a business license or
equivalent instrument or permit and to an applicant for the renewal
of a business license or equivalent instrument or permit, the
following information:

“Under federal and state law, compliance with disability access
laws is a serious and significant responsibility that applies to all
California building owners and tenants with buildings open to the
public. You may obtain information about your legal obligations
and how to comply with disability access laws at the following
agencies:

The Division of the State Architect at
www.dgs.ca.gov/dsa/Home.aspx.

The Department of Rehabilitation at www.rehab.cahwnet.gov.

The California Commission on Disability Access at
www.ccda.ca.gov.”

end delete

begin delete

SECTION 1.  

Section 4467 of the Government Code is amended
to read:

4467.  

(a) On and after January 1, 2013, and until December
31, 2018, any applicant for a local business license or equivalent
instrument or permit, and from any applicant for the renewal of a
business license or equivalent instrument or permit, shall pay an
additional fee of one dollar ($1) for that license, instrument, or
permit, which shall be collected by the city, county, or city and
county that issued the license, instrument, or permit.

(b) The city, county, or city and county shall retain 70 percent
of the fees collected under this section, of which up to 5 percent
of the retained moneys may be used for related administrative costs
of this chapter. The remaining moneys shall be used to fund
increased certified access specialist (CASp) services in that
jurisdiction for the public and to facilitate compliance with
construction-related accessibility requirements. The highest priority
shall be given to the training and retention of certified access
specialists to meet the needs of the public in the jurisdiction as
provided in Section 55.53 of the Civil Code.

(c) The remaining 30 percent of all fees collected under this
section shall be transmitted on a quarterly basis to the Division of
the State Architect for deposit in the Disability Access and
Education Revolving Fund established under Sections 4465 and
4470. The funds shall be transmitted within 15 days of the last day
of the fiscal quarter. The Division of the State Architect shall
develop and post on its Internet Web site a standard reporting form
for use by all local jurisdictions. Up to 75 percent of the collected
funds in the Disability Access and Education Revolving Fund shall
be used to establish and maintain oversight of the CASp program
and to moderate the expense of CASp certification and testing.

end delete