BILL NUMBER: SB 1687	CHAPTERED
	BILL TEXT

	CHAPTER   498
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1996
	APPROVED BY GOVERNOR   SEPTEMBER 14, 1996
	PASSED THE ASSEMBLY   AUGUST 20, 1996
	PASSED THE SENATE   MAY 16, 1996
	AMENDED IN SENATE   APRIL 25, 1996
	AMENDED IN SENATE   APRIL 11, 1996
	AMENDED IN SENATE   APRIL 8, 1996

INTRODUCED BY  Senator Marks

                        FEBRUARY 21, 1996

   An act to amend Sections 54, 54.1, 54.2, and 54.3 of the Civil
Code, to amend Sections 30850 and 30852 of, and to add Sections 30853
and 30854 to, the Food and Agricultural Code, to amend Section 12948
of the Government Code, and to amend Section 365.5 of the Penal
Code, relating to disabled persons.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1687, Marks.  Disabled persons.
   Under existing law, individuals with certain disabilities are
entitled to equal access rights to various facilities; and persons
licensed to train dogs as guide dogs, signal dogs, or service dogs
may take the dogs, for purposes of training, into specified places
where disabled persons are required to be given access.  Under
existing law, any person who denies or interferes with admittance to,
or enjoyment of, public facilities or otherwise interferes with the
rights of an individual with a disability, is liable for each offense
for the actual damages and any amount determined by a jury, or the
court sitting without a jury, up to a maximum of 3 times the amount
of actual damages but in no case less than $750.
   Under existing law, disabled persons who are owners of, and
persons training, guide dogs, signal dogs, or service dogs are
required to ensure that the dog is on a leash and tagged with an
assistance dog identification tag issued by the county clerk, animal
control department, or other authorized agency.
   This bill would make numerous changes to these provisions
including, among other things, all of the following:
   (1) Permit any person claiming to be aggrieved by an alleged
unlawful practice in violation of these provisions to file a
complaint with the Department of Fair Employment and Housing.
   (2) Make a violation of the federal Americans with Disabilities
Act a violation of these provisions.
   (3) Increase the minimum amount of damages that may be assessed
against a person who denies or interferes with admittance to, or
enjoyment of, the public facilities or otherwise interferes with the
rights of an individual with a disability to $1,000.
   (4) Make a person described above liable for any provable damage
done to the premises or facilities by his or her dog.
   (5) Require a person who applies for an assistance dog
identification tag to sign an affidavit declaring that he or she
fully understands a provision of the Penal Code that makes it a
misdemeanor for any person to knowingly and fraudulently represent
himself or herself, through verbal or written notice, to be an owner
or trainer of any canine licensed as, to be qualified as, or
identified as, a guide dog, signal dog, or service dog.
   (6) Require, upon the death or retirement of an assistance dog, as
specified in paragraph  (5) above, the owner or person in possession
of the assistance dog identification tag to return it immediately to
the county clerk or animal control department that issued the tag.
   (7) Specify that the provisions of existing law requiring the
Department of Food and Agriculture to specify the shape, size, and
color of the tags shall not be subject to certain requirements of the
Administrative Procedure Act.
   (8) Specify that nothing in the provisions of law governing
assistance dog identification tags is to be construed to limit the
access of any person in violation of the federal Americans with
Disabilities Act of 1990.
   (9) Declare that the provision of the Penal Code, specified in
paragraph (5) above, is intended to provide equal accessibility for
all trainers or owners of animals that are trained as guide dogs,
signal dogs, or service dogs in a manner that is not less than that
provided by the federal Americans with Disabilities Act of 1990.
   Existing law declares it to be an unlawful employment practice to
deny or to aid, incite, or conspire in the denial of the rights
guaranteed by the Unruh Civil Rights Act or of the right to freedom
from violence against the person.
   This bill would additionally declare it to be an unlawful
employment practice to deny or to aid, incite, or conspire in the
denial of the rights of individuals with disabilities, including the
right to be accompanied by a guide dog, signal dog, or service dog.


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


  SECTION 1.  Section 54 of the Civil Code is amended to read:
   54.  (a) Individuals with disabilities 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.
   (b) "Disability," as used in this part, means any of the following
with respect to an individual:
   (1) A physical or mental impairment that substantially limits one
or more of the major life activities of the individual.
   (2) A record of such an impairment.
   (3) Being regarded as having such an impairment.
   (c) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section.
  SEC. 1.5.  Section 54.1 of the Civil Code is amended to read:
   54.1.  (a) (1) Individuals with disabilities shall be entitled to
full and equal access, as other members of the general public, to
accommodations, advantages, facilities, medical facilities, including
hospitals, clinics, and physicians' offices, and privileges of all
common carriers, airplanes, motor vehicles, railroad trains,
motorbuses, streetcars, boats, or any other public conveyances or
modes of transportation (whether private, public, franchised,
licensed, contracted, or otherwise provided), telephone facilities,
adoption agencies, private schools, hotels, lodging places, places of
public accommodation, amusement, or resort, and other places to
which the general public is invited, subject only to the conditions
and limitations established by law, or state or federal regulation,
and applicable alike to all persons.
   (2) As used in this section, "telephone facilities" means tariff
items and other equipment and services that have been approved by the
Public Utilities Commission to be used by individuals with
disabilities in a manner feasible and compatible with the existing
telephone network provided by the telephone companies.
   (3) "Full and equal access," for purposes of this section in its
application to transportation, means access that meets the standards
of Titles II and III of the Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted pursuant
thereto, except that, if the laws of this state prescribe higher
standards, it shall mean access that meets those higher standards.
   (b) (1) Individuals with disabilities shall be entitled to full
and equal access, as other members of the general public, to all
housing accommodations offered for rent, lease, or compensation in
this state, subject to the conditions and limitations established by
law, or state or federal regulation, and applicable alike to all
persons.
   (2) "Housing accommodations" means any real property, or portion
thereof, that is used or occupied, or is intended, arranged, or
designed to be used or occupied, as the home, residence, or sleeping
place of one or more human beings, but shall not include any
accommodations included within subdivision (a) or any single-family
residence the occupants of which rent, lease, or furnish for
compensation not more than one room therein.
   (3) (A) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to permit an individual
with a disability, at that person's expense, to make reasonable
modifications of the existing rented premises if the modifications
are necessary to afford the person full enjoyment of the premises.
However, any modifications under this paragraph may be conditioned on
the disabled tenant entering into an agreement to restore the
interior of the premises to the condition existing prior to the
modifications.  No additional security may be required on account of
an election to make modifications to the rented premises under this
paragraph, but the lessor and tenant may negotiate, as part of the
agreement to restore the premises, a provision requiring the disabled
tenant to pay an amount into an escrow account, not to exceed a
reasonable estimate of the cost of restoring the premises.
   (B) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to make reasonable
accommodations in rules, policies, practices, or services, when those
accommodations may be necessary to afford individuals with a
disability equal opportunity to use and enjoy the premises.
   (4) Nothing in this subdivision shall require any person renting,
leasing, or providing for compensation real property to modify his or
her property in any way or provide a higher degree of care for an
individual with a disability than for an individual who is not
disabled.
   (5) Except as provided in paragraph (6), nothing in this part
shall require any person renting, leasing, or providing for
compensation real property, if that person refuses to accept tenants
who have dogs, to accept as a tenant an individual with a disability
who has a dog.
   (6) (A) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired on
the basis that the individual uses the services of a guide dog, an
individual who is deaf or hearing impaired on the basis that the
individual uses the services of a signal dog, or to an individual
with any other disability on the basis that the individual uses the
services of a service dog, or to refuse to permit such an individual
who is blind or visually impaired to keep a guide dog, an individual
who is deaf or hearing impaired to keep a signal dog, or an
individual with any other disability to keep a service dog on the
premises.
   (B) Except in the normal performance of duty as a mobility or
signal aid, nothing contained in this paragraph shall be construed to
prevent the owner of a housing accommodation from establishing terms
in a lease or rental agreement that reasonably regulate the presence
of guide dogs, signal dogs, or service dogs on the premises of a
housing accommodation, nor shall this paragraph be construed to
relieve a tenant from any liability otherwise imposed by law for real
and personal property damages caused by such a dog when proof of the
same exists.
   (C) (i) As used in this subdivision, "guide dog" means any guide
dog that was trained by a person licensed under Chapter 9.5
(commencing with Section 7200) of Division 3 of the Business and
Professions Code or as defined in the regulations implementing Title
III of the Americans with Disabilities Act of 1990 (Public Law
101-336).
   (ii) As used in this subdivision, "signal dog" means any dog
trained to alert an individual who is deaf or hearing impaired to
intruders or sounds.
   (iii) As used in this subdivision, "service dog" means any dog
individually trained to the requirements of the individual with a
disability, including, but not limited to, minimal protection work,
rescue work, pulling a wheelchair, or fetching dropped items.
   (7) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired, an
individual who is deaf or hearing impaired, or other individual with
a disability on the basis that the individual with a disability is
partially or wholly dependent upon the income of his or her spouse,
if the spouse is a party to the lease or rental agreement.  Nothing
in this subdivision, however, shall prohibit a lessor or landlord
from considering the aggregate financial status of an individual with
a disability and his or her spouse.
   (c) Visually impaired or blind persons and persons licensed to
train guide dogs for individuals who are visually impaired or blind
pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3
of the Business and Professions Code or guide dogs as defined in the
regulations implementing Title III of the Americans with Disabilities
Act of 1990 (Public Law 101-336), and persons who are deaf or
hearing impaired and persons authorized to train signal dogs for
individuals who are deaf or hearing impaired, and other individuals
with a disability and persons authorized to train service dogs for
individuals with a disability, may take dogs, for the purpose of
training them as guide dogs, signal dogs, or service dogs in any of
the places specified in subdivisions (a) and (b).  These persons
shall ensure that the dog is on a leash and tagged as a guide dog,
signal dog, or service dog by identification tag issued by the county
clerk, animal control department, or other agency, as authorized by
Chapter 3.5 (commencing with Section 30850) of Division 14 of the
Food and Agricultural Code.  In addition, the person shall be liable
for any provable damage done to the premises or facilities by his or
her dog.
   (d) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section shall be
construed to limit the access of any person in violation of that act.

   (e) Nothing in this section shall preclude the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
  SEC. 2.  Section 54.2 of the Civil Code is amended to read:
   54.2.  (a) Every individual with a disability has the right to be
accompanied by a guide dog, signal dog, or service dog, especially
trained for the purpose, in any of the places specified in Section
54.1 without being required to pay an extra charge or security
deposit for the guide dog, signal dog, or service dog.  However, the
individual shall be liable for any damage done to the premises or
facilities by his or her dog.
   (b) Individuals who are blind or otherwise visually impaired and
persons licensed to train guide dogs for individuals who are blind or
visually impaired pursuant to Chapter 9.5 (commencing with Section
7200) of Division 3 of the Business and Professions Code or as
defined in regulations implementing Title III of the Americans with
Disabilities Act of 1990 (Public Law 101-336), and individuals who
are deaf or hearing impaired and persons authorized to train signal
dogs for individuals who are deaf or hearing impaired, and
individuals with a disability and persons who are authorized to train
service dogs for the individuals with a disability may take dogs,
for the purpose of training them as guide dogs, signal dogs, or
service dogs in any of the places specified in Section 54.1 without
being required to pay an extra charge or security deposit for the
guide dog, signal dog, or service dog.  However, the person shall be
liable for any damage done to the premises or facilities by his or
her dog.  These persons shall ensure the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by an identification tag
issued by the county clerk, animal control department, or other
agency, as authorized by Chapter 3.5 (commencing with Section 30850)
of Title 14 of the Food and Agricultural Code.
    A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this  section shall be
construed to limit the access of any person in violation of  that
act.
   (c) As used in this section, the terms "guide dog," "signal dog,"
and "service dog" have the same meanings as specified in Section
54.1.
   (d) Nothing in this section precludes the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
  SEC. 2.3.  Section 54.3 of the Civil Code is amended to read:
   54.3.  (a) Any person or persons, firm or corporation who denies
or interferes with admittance to or enjoyment of the public
facilities as specified in Sections 54 and 54.1 or otherwise
interferes with the rights of an individual with a disability under
Sections 54, 54.1 and 54.2 is liable for each offense for the actual
damages and any amount as may be determined by a jury, or the court
sitting without a jury, up to a maximum of three times the amount of
actual damages but in no case less than one thousand dollars
($1,000), and attorney's fees as may be determined by the court in
addition thereto, suffered by any person denied any of the rights
provided in Sections 54, 54.1, and 54.2.  "Interfere," for purposes
of this section, includes, but is not limited to, preventing or
causing the prevention of a guide dog, signal dog, or service dog
from carrying out its functions in assisting a disabled person.
   (b) Any person who claims to be aggrieved by an alleged unlawful
practice in violation of Section 54, 54.1, or 54.2 may also file a
verified complaint with the Department of Fair Employment and Housing
pursuant to Section 12948 of the Government Code.  The remedies in
this section are nonexclusive and are in addition to any other remedy
provided by law, including, but not limited to, any action for
injunctive or other equitable relief available to the aggrieved party
or brought in the name of the people of this state or of the United
States.
   (c) A person may not be held liable for damages pursuant to both
this section and Section 52 for the same act or failure to act.
  SEC. 2.5.  Section 30850 of the Food and Agricultural Code is
amended to read:
   30850.  (a) The county clerk or animal control department shall
endorse upon the application for an assistance dog identification tag
the number of the identification tag issued.  As used in this
chapter, "assistance dogs" are dogs specially trained as guide dogs,
signal dogs, or service dogs.  All applications that have been
endorsed shall be kept on file in the office of the county clerk or
animal control department and shall be open to public inspection.
   (b) Whenever a person applies for an assistance dog identification
tag, the person shall sign an affidavit stating as follows:
   "By affixing my signature to this affidavit, I hereby declare I
fully understand that Section 365.7 of the Penal Code prohibits any
person to knowingly and fraudulently represent himself or herself,
through verbal or written notice, to be the owner or trainer of any
canine licensed as, to be qualified as, or identified as, a guide
dog, signal dog, or service dog, as defined in subdivisions (d), (e),
and (f), respectively, of Section 365.5 of the Penal Code and
paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code,
and that a violation of Section 365.7 of the Penal Code is a
misdemeanor, punishable by imprisonment in a county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine."
   (c) Upon the death or retirement of an assistance dog, the owner
or person in possession of the assistance dog identification tag
shall immediately return the tag to the county clerk or animal
control department that issued the tag.
  SEC. 3.  Section 30852 of the Food and Agricultural Code is amended
to read:
   30852.  (a) The tag identifying a dog as an assistance dog shall
be used only by a person with a disability or a trainer of an
assistance dog and shall be of such uniform statewide shape, size,
and color as to be easily recognized.
   (b) The Department of Food and Agriculture, in consultation with
the State Department of Health Services, shall specify the shape,
size, and color of the tags.  This subdivision shall not be subject
to the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
  SEC. 4.  Section 30853 is added to the Food and Agricultural Code,
to read:
   30853.  Nothing in this chapter shall be construed to limit the
access of any person in violation of the Americans with Disabilities
Act of 1990 (Public Law 101-336).
  SEC. 5.  Section 30854 is added to the Food and Agricultural Code,
to read:
   30854.  The provisions of this chapter are severable.  If any
provision of this chapter or its application is held invalid or to be
in conflict with the Americans with Disabilities Act of 1990 (Public
Law 101-336), that invalidity or conflict shall not affect other
provisions or applications that can be given effect without the
invalid or conflicting provision or application.
  SEC. 5.5.  Section 12948 of the Government Code is amended to read:

   12948.  It is an unlawful practice under this part for a person to
deny or to aid, incite, or conspire in the denial of the rights
created by Section 51, 51.7, 54, 54.1, or 54.2 of the Civil Code.
  SEC. 6.  Section 365.5 of the Penal Code is amended to read:
   365.5.  (a) Any blind person, deaf person, or disabled person, who
is a passenger on any common carrier, airplane, motor vehicle,
railway train, motorbus, streetcar, boat, or any other public
conveyance or mode of transportation operating within this state,
shall be entitled to have with him or her a specially trained guide
dog, signal dog, or service dog.
   (b) No blind person, deaf person, or disabled person and his or
her specially trained guide dog, signal dog, or service dog shall be
denied admittance to  accommodations, advantages, facilities, medical
facilities, including hospitals, clinics, and physicians' offices,
telephone facilities, adoption agencies, private schools, hotels,
lodging places, places of public accommodation, amusement, or resort,
and other places to which the general public is invited within this
state because of that guide dog, signal dog, or service dog.
   (c) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation, who prevents a
disabled person from exercising, or interferes with a disabled person
in the exercise of, the rights specified in this section is guilty
of a misdemeanor, punishable by a fine not exceeding two thousand
five hundred dollars ($2,500).
   (d) As used in this section, "guide dog" means any guide dog or
Seeing Eye dog that was trained by a person licensed under Chapter
9.5 (commencing with Section 7200) of Division 3 of the Business and
Professions Code or that meets the definitional criteria under
federal regulations adopted to implement Title III of the Americans
with Disabilities Act of 1990 (Public Law 101-336).
   (e) As used in this section, "signal dog" means any dog trained to
alert a deaf person, or a person whose hearing is impaired, to
intruders or sounds.
   (f) As used in this section, "service dog" means any dog
individually trained to do work or perform tasks for the benefit of
an individual with a disability, including, but not limited to,
minimal protection work, rescue work, pulling a wheelchair, or
fetching dropped items.
   (g) (1) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
   (2) This section is intended to provide equal accessibility for
all owners or trainers of animals that are trained as guide dogs,
signal dogs, or service dogs in a manner that is no less than that
provided by the Americans with Disabilities Act of 1990 (Public Law
101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435).

   (h) The exercise of rights specified in subdivisions (a) and (b)
by any person may not be conditioned upon payment of any extra
charge, provided that the person shall be liable for any provable
damage done to the premises or facilities by his or her dog.
   (i) Any trainer or individual with a disability may take dogs in
any of the places specified in subdivisions (a) and (b) for the
purpose of training the dogs as guide dogs, signal dogs, or service
dogs.  The person shall ensure that the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by an identification tag
issued by the county clerk or animal control department as authorized
by Chapter 3.5 (commencing with Section 30850) of Division 14 of the
Food and Agricultural Code.  In addition, the person shall be liable
for any provable damage done to the premises or facilities by his or
her dog.