California 2013-2014 Regular Session Status: In Committee

AB 1848 — Public accommodations: construction-related accessibility claims: notice.

Last action — From committee without further action pursuant to Joint Rule 62(a).

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that a plaintiff may recover statutory damages in a construction-related accessibility claim against a place of public accommodation only if a violation of construction-related accessibility standards denied the plaintiff full and equal access to that site on a particular occasion, as specified. Existing law also requires a demand letter, as defined, alleging such a construction-related accessibility claim, to state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim. This bill would require an alleged aggrieved party to undertake prescribed notice procedures at least 30 days before filing an action against a business for an alleged violation of the above-described provisions. The notice would advise the recipient of the nature of the accessibility violation and that the recipient may be civilly liable for actual and statutory damages if the access barriers that constitute the basis of the construction-related accessibility claim are not removed during the 30-day time period. This bill would further specify the required content of the notice and would declare that a demand letter that includes specified prelitigation settlement negotiations, sent within the bill's 30-day time period, constitutes compliance with the requirements of the bill.

Bill Text

Action History

  1. From committee without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, first hearing. Failed passage.

  3. Re-referred to Com. on JUD.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  5. Referred to Com. on JUD.

  6. From printer. May be heard in committee March 22.

  7. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Failed 4 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3600
Democratic 1000
Total 4600
% of votes cast 40%60%0%0%
How each member voted (10)
Member Party Vote
Alejo — Nay
Wieckowski — Nay
Wagner — Yea
Chau — Nay
Garcia — Nay
Maienschein — Yea
Dickinson — Nay
Gorell — Yea
Mark Stone — Nay
Muratsuchi, Al Democratic Yea

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Subjects

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Frequently asked questions

What does AB 1848 do?
Existing law provides that a plaintiff may recover statutory damages in a construction-related accessibility claim against a place of public accommodation only if a violation of construction-related accessibility standards denied the plaintiff full and equal access to that site on a particular occasion, as specified. Existing law also requires a demand letter, as defined, alleging such a construction-related accessibility claim, to state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim. This bill would require an alleged aggrieved party to undertake prescribed notice procedures at least 30 days before filing an action against a business for an alleged violation of the above-described provisions. The notice would advise the recipient of the nature of the accessibility violation and that the recipient may be civilly liable for actual and statutory damages if the access barriers that constitute the basis of the construction-related accessibility claim are not removed during the 30-day time period. This bill would further specify the required content of the notice and would declare that a demand letter that includes specified prelitigation settlement negotiations, sent within the bill's 30-day time period, constitutes compliance with the requirements of the bill.
Who sponsors AB 1848?
AB 1848 is sponsored by Travis Allen.
What is the current status of AB 1848?
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1848?
Track AB 1848 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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