Amended in Senate May 24, 2016

Amended in Assembly January 13, 2016

Amended in Assembly January 4, 2016

Amended in Assembly April 22, 2015

Amended in Assembly March 16, 2015

Amended in Assembly February 18, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 54


Introduced by Assembly Member Olsen

(Principal coauthor: Assembly Member Gray)

(Coauthors: Assembly Members Achadjian, Travis Allen, Baker, Brough, Lackey, Obernolte, and Steinorth)

(Coauthor: Senator Nielsen)

December 1, 2014


An act to amend Section 55.32 of the Civil Code,begin insert and to add Section 8299.08.1 of the Government Code,end insert relating to disability access.

LEGISLATIVE COUNSEL’S DIGEST

AB 54, as amended, Olsen. Disability access: construction-related accessibility claims: demand letters.

Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities and provides for construction-related accessibility claims for violations of those standards. Existing law requires that a copy of the demand letter and the complaint be sent to the California Commission on Disability Access.

This bill would, in addition, require that information about the demand letter and the complaint be submitted to the commission in a standard format specified by thebegin delete commission.end deletebegin insert commission on the commission’s Internet Web site. The bill would require the commission to post a new standard format on its Internet Web site at least 30 days before requiring information be in the new standard format.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:

P2    1

SECTION 1.  

Section 55.32 of the Civil Code, as amended by
2Section 2 of Chapter 755 of the Statutes of 2015, is amended to
3read:

4

55.32.  

(a) An attorney who provides a demand letter, as defined
5in subdivision (a) of Section 55.3, shall do all of the following:

6(1) Include the attorney’s State Bar license number in the
7demand letter.

8(2) Contemporaneously with providing the demand letter, send
9a copy of the demand letter to the State Bar of California by
10facsimile transmission at 1-415-538-2171, or by mail to 180
11Howard Street, San Francisco, CA, 94105, Attention: Professional
12Competence.

13(3) Within five business days of providing the demand letter,
14send a copy of the demand letter, and submit information about
15the demand letter in a standard format specified by the California
16Commission on Disabilitybegin delete Access,end deletebegin insert Access on the commission’s
17Internet Web site pursuant to Section 8299.08.1 of the Government
18Code,end insert
to the commission.

19(b) An attorney who sends or serves a complaint, as defined in
20subdivision (a) of Section 55.3, shall do both of the following:

21(1) Send a copy of the complaint and submit information about
22the complaint in a standard format specified by the California
23Commission on Disability Accessbegin insert on the commission’s Internet
24Web site pursuant to Section 8299.08.1 of the Government Codeend insert

25 to the commission within five business days of sending or serving
26the complaint.

P3    1(2) Notify the California Commission on Disability Access
2within five business days of judgment, settlement, or dismissal of
3the claim or claims alleged in the complaint of the following
4information in a standard format specified by thebegin delete commission:end delete
5
begin insert commission on the commission’s Internet Web site pursuant to
6Section 8299.08.1 of the Government Code:end insert

7(A) The date of the judgment, settlement, or dismissal.

8(B) Whether or not the construction-related accessibility
9violations alleged in the complaint were remedied in whole or in
10part after the plaintiff filed a complaint or provided a demand
11letter, as defined by Section 55.3.

12(C) If the construction-related accessibility violations alleged
13in the complaint were not remedied in whole or in part after the
14plaintiff filed a complaint or provided a demand letter, as defined
15by Section 55.3, whether or not another favorable result was
16achieved after the plaintiff filed the complaint or provided the
17demand letter.

18(D) Whether or not the defendant submitted an application for
19an early evaluation conference and stay pursuant to Section 55.54,
20whether the defendant requested a site inspection, the date of any
21early evaluation conference, and the date of any site inspection.

22(c) A violation of paragraph (2) or (3) of subdivision (a) or
23subdivision (b) shall constitute cause for the imposition of
24discipline of an attorney where a copy of the complaint, demand
25letter, or notification of a case outcome is not sent to the California
26Commission on Disability Accessbegin insert in the standard format specified
27on the commission’s Internet Web site pursuant to Section
288299.08.1 of the Government Codeend insert
within five business days, or
29a copy of the demand letter is not sent to the State Bar within five
30business days. In the event the State Bar receives information
31indicating that an attorney has failed to send a copy of the
32complaint, demand letter, or notification of a case outcome to the
33California Commission on Disability Accessbegin insert in the standard format
34specified on the commission’s Internet Web site pursuant to Section
358299.08.1 of the Government Codeend insert
within five business days, the
36State Bar shall investigate to determine whether paragraph (3) of
37subdivision (a) or subdivision (b) has been violated.

38(d) Notwithstanding subdivisions (a) and (b), an attorney is not
39required to send to the State Bar of California or the California
40Commission on Disability Access a copy of any subsequent
P4    1demand letter or amended complaint in the same dispute following
2the initial demand letter or complaint, unless that subsequent
3demand letter or amended complaint alleges a new
4construction-related accessibility claim.

5(e) A demand letter, complaint, or notification of a case outcome
6sent to the California Commission on Disability Access shall be
7for the informational purposes of Section 8299.08 of the
8Government Code. A demand letter received by the State Bar from
9either the sender or recipient of the demand letter shall be reviewed
10by the State Bar to determine whether subdivision (b) or (c) of
11Section 55.31 has been violated.

12(f) (1) Commencing July 31, 2013, and annually each July 31
13thereafter, the State Bar shall report to the Legislature and the
14Chairs of the Senate and Assembly Committees on Judiciary, both
15of the following with respect to demand letters received by the
16State Bar:

17(A) The number of investigations opened to date on a suspected
18violation of subdivision (b) or (c) of Section 55.31.

19(B) Whether any disciplinary action resulted from the
20investigation, and the results of that disciplinary action.

21(2) A report to be submitted pursuant to this subdivision shall
22be submitted in compliance with Section 9795 of the Government
23Code.

24(g) The California Commission on Disability Access shall
25review and report on the demand letters, complaints, and
26notifications of case outcomes it receives as provided in Section
278299.08 of the Government Code.

28(h) Paragraphs (2) and (3) of subdivision (a) and subdivision
29(b) shall not apply to a demand letter or complaint sent or filed by
30an attorney employed or retained by a qualified legal services
31project or a qualified support center, as defined in Section 6213
32of the Business and Professions Code, when acting within the
33scope of employment in asserting a construction-related
34accessibility claim. The Legislature finds and declares that qualified
35legal services projects and support centers are extensively regulated
36by the State Bar of California, and that there is no evidence of any
37abusive use of demand letters or complaints by these organizations.
38The Legislature further finds that, in light of the evidence of the
39extraordinarily small number of construction-related accessibility
40cases brought by regulated legal services programs, and given the
P5    1resources of those programs, exempting regulated legal services
2programs from the requirements of this section to report to the
3California Commission on Disability Access will not affect the
4purpose of the reporting to, and tabulation by, the commission of
5all other construction-related accessibility claims.

6(i) This section shall become operative on January 1, 2013.

7(j) This section shall remain in effect only until January 1, 2019,
8and as of that date is repealed.

9

SEC. 2.  

Section 55.32 of the Civil Code, as amended by Section
103 of Chapter 755 of the Statutes of 2015, is amended to read:

11

55.32.  

(a) An attorney who provides a demand letter, as defined
12in subdivision (a) of Section 55.3, shall do all of the following:

13(1) Include the attorney’s State Bar license number in the
14demand letter.

15(2) Within five business days of providing the demand letter,
16send a copy of the demand letter, and submit information about
17the demand letter in a standard format specified by the California
18Commission on Disabilitybegin delete Access,end deletebegin insert Access on the commission’s
19Internet Web site pursuant to Section 8299.08.1end insert
begin insert of the Government
20Code,end insert
to the commission.

21(b) An attorney who sends or serves a complaint, as defined in
22subdivision (a) of Section 55.3, shall do both of the following:

23(1) Send a copy of the complaint and submit information about
24the complaint in a standard format specified by the California
25Commission on Disability Accessbegin insert on the commission’s Internet
26Web site pursuant to Section 8299.08.1end insert
begin insert of the Government Codeend insert
27 to the commission within five business days of sending or serving
28 the complaint.

29(2) Notify the California Commission on Disability Access
30within five business days of judgment, settlement, or dismissal of
31the claim or claims alleged in the complaint of the following
32information in a standard format specified by thebegin delete commission:end delete
33
begin insert commission on the commission’s Internet Web site pursuant to
34Section 8299.08.1 of the Government Code:end insert

35(A) The date of the judgment, settlement, or dismissal.

36(B) Whether or not the construction-related accessibility
37violations alleged in the complaint were remedied in whole or in
38part after the plaintiff filed a complaint or provided a demand
39letter, as defined by Section 55.3.

P6    1(C) If the construction-related accessibility violations alleged
2in the complaint were not remedied in whole or in part after the
3plaintiff filed a complaint or provided a demand letter, as defined
4by Section 55.3, whether or not another favorable result was
5achieved after the plaintiff filed the complaint or provided the
6demand letter.

7(D) Whether or not the defendant submitted an application for
8an early evaluation conference and stay pursuant to Section 55.54,
9whether the defendant requested a site inspection, the date of any
10early evaluation conference, and the date of any site inspection.

11(c) A violation of paragraph (2) of subdivision (a) or subdivision
12(b) shall constitute cause for the imposition of discipline of an
13attorney if a copy of the demand letter, complaint, or notification
14of a case outcome is not sent to the California Commission on
15Disability Accessbegin insert in the standard format specified on the
16commission’s Internet Web site pursuant to Section 8299.08.1 of
17the Government Codeend insert
within five business days. In the event the
18State Bar receives information indicating that an attorney has failed
19to send a copy of the demand letter, complaint, or notification of
20a case outcome to the California Commission on Disability Access
21begin insert in the standard format specified on the commission’s Internet Web
22site pursuant to Section 8299.08.1 of the Government Codeend insert
within
23five business days, the State Bar shall investigate to determine
24whether paragraph (2) of subdivision (a) or subdivision (b) has
25been violated.

26(d) Notwithstanding subdivisions (a) and (b), an attorney is not
27required to send to the California Commission on Disability Access
28a copy of any subsequent demand letter or amended complaint in
29the same dispute following the initial demand letter or complaint,
30unless that subsequent demand letter or amended complaint alleges
31a new construction-related accessibility claim.

32(e) A demand letter or notification of a case outcome sent to
33the California Commission on Disability Access shall be for the
34informational purposes of Section 8299.08 of the Government
35Code. A demand letter received by the State Bar from the recipient
36of the demand letter shall be reviewed by the State Bar to determine
37whether subdivision (b) or (c) of Section 55.31 has been violated.

38(f) (1) Notwithstanding Section 10231.5 of the Government
39Code, on or before July 31, 2019, and annually thereafter, the State
40Bar shall report to the Legislature and the Chairs of the Senate and
P7    1Assembly Judiciary Committees, both of the following with respect
2to demand letters received by the State Bar:

3(A) The number of investigations opened to date on a suspected
4violation of subdivision (b) or (c) of Section 55.31.

5(B) Whether any disciplinary action resulted from the
6investigation, and the results of that disciplinary action.

7(2) A report to be submitted pursuant to this subdivision shall
8be submitted in compliance with Section 9795 of the Government
9Code.

10(g) The California Commission on Disability Access shall
11review and report on the demand letters, complaints, and
12notifications of case outcomes it receives as provided in Section
138299.08 of the Government Code.

14(h) The expiration of any ground for discipline of an attorney
15shall not affect the imposition of discipline for any act prior to the
16expiration. An act or omission that constituted cause for imposition
17of discipline of an attorney when committed or omitted prior to
18January 1, 2019, shall continue to constitute cause for the
19imposition of discipline of that attorney on and after January 1,
202019.

21(i) Paragraph (2) of subdivision (a) and subdivision (b) shall
22not apply to a demand letter or complaint sent or filed by an
23attorney employed or retained by a qualified legal services project
24or a qualified support center, as defined in Section 6213 of the
25Business and Professions Code, when acting within the scope of
26employment in asserting a construction-related accessibility claim.
27The Legislature finds and declares that qualified legal services
28projects and support centers are extensively regulated by the State
29Bar of California, and that there is no evidence of any abusive use
30of demand letters or complaints by these organizations. The
31Legislature further finds that, in light of the evidence of the
32extraordinarily small number of construction-related accessibility
33cases brought by regulated legal services programs, and given the
34resources of those programs, exempting regulated legal services
35programs from the requirements of this section to report to the
36California Commission on Disability Access will not affect the
37purpose of the reporting to, and tabulation by, the commission of
38all other construction-related accessibility claims.

39(j) This section shall become operative on January 1, 2019.

P8    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8299.08.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert8299.08.1.end insert  

At least thirty days before requiring a new standard
4format of the information to be sent to the commission pursuant
5to Section 55.32 of the Civil Code, the commission shall post on
6its Internet Web site the new standard format and the date by when
7the commission will begin requiring that information sent to the
8commission pursuant to Section 55.32 of the Civil Code be in the
9new standard format.

end insert


O

    93