SB 1406, as introduced, Mendoza. Construction-related accessibility: public entities.
Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places. Existing law requires an attorney who sends or serves a complaint containing a claim of a violation of any construction-related accessibility standard, as defined, with respect to a place of public accommodation, to send a copy of the complaint to the California Commission on Disability Access within 5 business days of sending or serving the complaint and notify the commission of judgment, settlement, or dismissal of the claim or claims alleged in the complaint and other specified information within 5 business days of the judgment, settlement, or dismissal.
This bill would also require an attorney who sends or serves a complaint alleging a construction-related accessibility claim, as defined, against a public entity to send a copy of the complaint and submit the notification of judgment, settlement, or dismissal to the commission, as described above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 54.27 is added to the Civil Code, to read:
(a) An attorney who sends or serves a complaint
3alleging a construction-related accessibility claim against a public
4entity shall do both of the following:
5(1) Send a copy of the complaint to the California Commission
6on Disability Access within five business days of sending or
7serving the complaint.
8(2) Notify the California Commission on Disability Access
9within five business days of judgment, settlement, or dismissal of
10the claim or claims alleged in the complaint of the following
11information in a standard format specified by the commission:
12(A) The date of the judgment, settlement, or dismissal.
13(B) Whether or not the construction-related accessibility
14violations alleged in the complaint were remedied in whole or in
15part after the plaintiff filed a complaint.
16(C) If the construction-related accessibility violations alleged
17in the complaint were not remedied in whole or in part after the
18plaintiff filed a complaint, whether or not another favorable result
19was achieved after the plaintiff filed the complaint.
20(b) For purposes of this section, the following terms have the
21following meanings:
22(1) “Construction-related accessibility claim” or “claim” means
23any claim of a violation of any construction-related accessibility
24standard, as defined by
paragraph (6) of subdivision (a) of Section
2555.52, with respect to a public building, public facility, or other
26public place.
27(2) “Public entity” includes the state, the Regents of the
28University of California, the Trustees of the California State
29University and the California State University, a county, city,
30district, public authority, public agency, and any other political
31subdivision or public corporation in the state, except that “public
32entity” does not include “state entity” as defined in subdivision
33(d) of Section 7103 of the Public Contract Code.
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