BILL ANALYSIS �
AB 2282
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ASSEMBLY THIRD READING
AB 2282 (Bill Berryhill)
As Amended May 10, 2012
Majority vote
JUDICIARY 10-0 APPROPRIATIONS 17-0
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|Ayes:|Feuer, Wagner, Atkins, |Ayes:|Fuentes, Harkey, |
| |Dickinson, Gorell, Huber, | |Blumenfield, Bradford, |
| |Jones, Monning, | |Charles Calderon, Campos, |
| |Wieckowski, Bonnie | |Davis, Donnelly, Gatto, |
| |Lowenthal | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Invokes the expertise of the California Commission on
Disability Access (CCDA) to consider and report to the
Legislature on potential reforms of disability access law.
Specifically, this bill requires the CCDA to analyze and make
recommendations to the Legislature regarding whether compliance
with state and federal construction-related disability
accessibility laws would be improved or potentially deterred by
changes to state rules regarding legal standing for actions
seeking injunctive relief to correct alleged violations of
disability access laws or the manner by which these claims are
pleaded. This study and recommendation shall be undertaken
promptly in light of urgent concerns among some businesses
regarding alleged misuse of existing law, consistent with other
pending projects of the CCDA.
EXISTING LAW :
1)Provides under the federal Americans with Disabilities Act
(ADA) that no individual shall be discriminated against on the
basis of disability in the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or
accommodations of any place of public accommodation by any
person who owns, leases, or leases to, or operates a place of
public accommodation.
2)Provides that individuals with disabilities or medical
conditions have the same right as the general public to the
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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. Further provides that a
violation of the right of an individual under the ADA also
constitutes a violation of state law.
3)Provides that individuals with disabilities shall be entitled
to full and equal access to public accommodations, subject
only to the conditions and limitations established by law, or
state or federal regulation, and applicable alike to all
persons. Further provides that individuals with disabilities
shall be entitled to full and equal access to all housing
accommodations offered for rent or lease, subject to the
conditions and limitations established by law.
4)Provides that all persons within the jurisdiction of this
state are free and equal, and no matter what their sex, race,
color, religion, ancestry, national origin, disability, or
medical condition are entitled to the full and equal
accommodations, advantages, facilities, privileges, or
services in all business establishments of every kind
whatsoever.
5)Provides, pursuant to SB 1608 (Corbett and Harman), Chapter
549, Statutes of 2008, for the CCDA, an independent state
agency composed of 19 members representing business groups and
disability rights advocates, with the general responsibility
for monitoring disability access compliance in California, and
making recommendations to the Legislature for necessary
changes in order to facilitate implementation of state and
federal laws on disability access.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time General Fund (GF) costs up to $100,000 to
the CCDA for the study.
COMMENTS : The author conveys concern among businesses in his
district that claims for injunctive relief are made against them
for violating disability access laws. The bill submits the
issue for further consideration and recommendations by the
California Commission on Disability Access (CCDA) - an
independent state agency with expertise in these issues,
established as the result of a bipartisan and bicameral effort
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with disability rights organizations and business advocates over
a period of years pursuant to SB 1608 (Corbett and Harman) in
2008. That measure was the product of extended and careful
consideration by thoughtful legislators and members of the
disability and business communities including Disability Rights
California, the California Chamber of Commerce, California
Foundation for Independent Living Centers, California Restaurant
Association, Business Properties Association, California Hotel
Association and several others.
Among other reforms, SB 1608 established the CCDA "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 litigation." The
CCDA is required to conduct studies and make reports to the
Legislature. The CCDA is composed of 19 members: two Senators
and two Assembly Members; two public members appointed by the
Senate Committee on Rules (one from the disability community and
one from the business community); two public members appointed
by the Speaker of the Assembly (one from the disability
community and one from the business community); nine public
members appointed by the Governor, subject to confirmation by
the Senate (five from the disability community and four from the
business community); the Attorney General; and the State
Architect. The CCDA seeks to balance the number of appointees
from the disability community and from the business community.
The Members of the Legislature, by their offices, represent the
state's interest in ensuring compliance with the full and equal
access laws. The State Architect and the Attorney General are
included for their expertise. The Governor's appointees from
the disability community must represent a cross-section of
people with disabilities, including a person with a physical
disability, a person who is visually impaired or blind, a person
who is with a cognitive disability, and a person who is hearing
impaired or deaf.
The CCDA meetings are subject to the Bagley-Keene Open Meeting
Act, meaning that all meetings are noticed and its agenda is
published. The meetings are also open to the public and
accessible to all. By referring the issue of injunctive relief
to the experts comprising the CCDA, this bill is in accord with
the fundamental role the Legislature established for the CCDA,
and it respects the efforts of the many stakeholders who
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produced the historic reforms of SB 1608 and who have worked
hard to make the CCDA a success.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334FN:
0003868