California 2015-2016 Regular Session Status: In Committee 2 R cosponsors

SB 1142 — Disability access.

Last action — April 26 set for second hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 3700.) Reconsideration granted.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. Existing law provides that individuals with disabilities are entitled to full and equal access to places to which the general public is invited, subject to specified conditions and limitations. This bill would provide that when there is a conflict or difference between the federal Americans with Disabilities Act of 1990 and any state law, standard, or regulation relating to the access of individuals with disabilities to any place to which the general public is invited, the federal Americans with Disabilities Act of 1990 shall control. (2) Existing law allows a plaintiff to collect statutory damages in a construction-related accessibility claim against a place of public accommodation only if a violation of a construction-related accessibility standard denied the plaintiff full and equal access to the place of public accommodation on a particular occasion, as specified. Existing law reduces a defendant's liability for statutory damages in a construction-related accessibility claim against a place of public accommodation to a minimum of $1,000 for each offense if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint and meets certain requirements, or a minimum of $2,000 for each offense if the defendant has corrected all construction-related violations that are the basis of a claim within 30 days of being served with the complaint and is a small business, as specified. This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant unless the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and the alleged violations have not been corrected within 120 days of service. The bill would provide that a defendant is not liable for statutory damages, costs, or plaintiff's attorney's fees for an alleged violation that is corrected within 120 days of service of a demand letter alleging the violation.

Bill Text

Action History

  1. April 26 set for second hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 3700.) Reconsideration granted.

  2. Set for hearing April 26.

  3. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  4. April 12 set for first hearing canceled at the request of author.

  5. Set for hearing April 12.

  6. Referred to Com. on JUD.

  7. From printer. May be acted upon on or after March 20.

  8. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bates · Cosponsor
  • Bigelow · Cosponsor
  • Brough · Cosponsor
  • James Gallagher · Cosponsor
  • Shannon Grove · Cosponsor
  • Kim · Cosponsor
  • Moorlach · Primary
  • Olsen · Cosponsor
  • Roth · Cosponsor
  • Vidak · Cosponsor
  • Beth Gaines · Cosponsor

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 111 not signed on · 1 voted No

Sponsors (1)

  • Moorlach

Co-sponsors (10)

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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 2 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2301
Democratic 0100
Total 2401
% of votes cast 29%57%0%14%
How each member voted (7)
Member Party Vote
Anderson — Yea
Hertzberg — Not Voting
Leno — Nay
Monning — Nay
Moorlach — Yea
Wieckowski — Nay
Jackson, Corey A. Democratic Nay

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1142 do?
(1) Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. Existing law provides that individuals with disabilities are entitled to full and equal access to places to which the general public is invited, subject to specified conditions and limitations. This bill would provide that when there is a conflict or difference between the federal Americans with Disabilities Act of 1990 and any state law, standard, or regulation relating to the access of individuals with disabilities to any place to which the general public is invited, the federal Americans with Disabilities Act of 1990 shall control. (2) Existing law allows a plaintiff to collect statutory damages in a construction-related accessibility claim against a place of public accommodation only if a violation of a construction-related accessibility standard denied the plaintiff full and equal access to the place of public accommodation on a particular occasion, as specified. Existing law reduces a defendant's liability for statutory damages in a construction-related accessibility claim against a place of public accommodation to a minimum of $1,000 for each offense if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint and meets certain requirements, or a minimum of $2,000 for each offense if the defendant has corrected all construction-related violations that are the basis of a claim within 30 days of being served with the complaint and is a small business, as specified. This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant unless the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and the alleged violations have not been corrected within 120 days of service. The bill would provide that a defendant is not liable for statutory damages, costs, or plaintiff's attorney's fees for an alleged violation that is corrected within 120 days of service of a demand letter alleging the violation.
Who sponsors SB 1142?
SB 1142 is sponsored by Bates, Bigelow, Brough, Gallagher, James (Republican), Grove, Shannon (Republican), Kim, Moorlach, Olsen, Roth, Vidak, and Beth Gaines.
What is the current status of SB 1142?
This bill died with 2015-2016 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 SB 1142?
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