BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2282
                                                                  Page  1

          Date of Hearing:   May 25, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                AB 2282 (Bill Berryhill) - As Amended:  May 10, 2012 

          Policy Committee:                              
          JudiciaryVote:10-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill requires the California Commission on Disability 
          Access (CCDA) to promptly undertake a study and make 
          recommendations regarding whether compliance with 
          construction-related access laws would be improved or deterred 
          by changed state rules regarding legal standing for actions 
          seeking injunctive relief to correct alleged violations of 
          access or the manner of pleading such claims.

           FISCAL EFFECT  

          One-time GF costs up to $100,000 to the CCDA for the study.

           COMMENTS  

           1)Purpose  . The author conveys concern among businesses in his 
            district that claims for injunctive relief are made against 
            them for violating disability access laws. The prior version 
            of this bill would have prohibited a person from bringing an 
            action regarding access to public and private facilities 
            unless the person had suffered an injury due to a violation of 
            disability access requirements. The bill was amended in policy 
            committee to instead provide for the required study described 
            above.

           2)Background  . The 19-member commission was established as part 
            of SB 1608 (Corbett and Harman)/Chapter 549 of 2008, "to 
            develop recommendations that will enable persons with 
            disabilities to exercise their right to full and equal access 
            to public facilities, and that will facilitate business 
            compliance with the laws and regulations to avoid unnecessary 








                                                                  AB 2282
                                                                  Page  2

            litigation."  The CCDA is required to conduct studies and make 
            reports to the Legislature.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081