SB 67 — Disability access: statutory damages.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law permits statutory damages to be awarded in certain construction-related accessibility claims against a place of public accommodation only if the violation denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. Existing law reduces a defendant's minimum statutory damage liability to $1000 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 other conditions are met, including, among others, that the structure or area was inspected by a certified access specialist, as defined. Existing law also reduces a defendant's minimum statutory damage liability to $2000 in this context if it demonstrates that it has corrected all construction-related violations that are the basis of a claim within 30 days of being served with the complaint and it is a small business, as defined. This bill would except a small business from statutory damage liability in connection with a construction-related accessibility claim, as described above, and would instead limit recovery to injunctive relief and reasonable attorney's fees as deemed appropriate by the court. The bill would also extend the period for correcting construction-related violations that are the basis of a claim from 60 days to 120 days of being served with the complaint, for purposes of reducing a defendant's minimum statutory damage liability to $1000. The bill would make conforming changes a notice a plaintiff is required to served on a defendant in an action that includes a construction-related accessibility claim.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 01/07/15 - Introduced Current pdf January 07, 2015
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Action History
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Returned to Secretary of Senate pursuant to Joint Rule 56.
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May 12 set for first hearing canceled at the request of author.
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Set for hearing May 12.
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Referred to Com. on JUD.
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From printer. May be acted upon on or after February 7.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Galgiani · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Galgiani
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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.
Subjects
Frequently asked questions
- What does SB 67 do?
- Existing law permits statutory damages to be awarded in certain construction-related accessibility claims against a place of public accommodation only if the violation denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. Existing law reduces a defendant's minimum statutory damage liability to $1000 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 other conditions are met, including, among others, that the structure or area was inspected by a certified access specialist, as defined. Existing law also reduces a defendant's minimum statutory damage liability to $2000 in this context if it demonstrates that it has corrected all construction-related violations that are the basis of a claim within 30 days of being served with the complaint and it is a small business, as defined. This bill would except a small business from statutory damage liability in connection with a construction-related accessibility claim, as described above, and would instead limit recovery to injunctive relief and reasonable attorney's fees as deemed appropriate by the court. The bill would also extend the period for correcting construction-related violations that are the basis of a claim from 60 days to 120 days of being served with the complaint, for purposes of reducing a defendant's minimum statutory damage liability to $1000. The bill would make conforming changes a notice a plaintiff is required to served on a defendant in an action that includes a construction-related accessibility claim.
- Who sponsors SB 67?
- SB 67 is sponsored by Galgiani.
- What is the current status of SB 67?
- 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 67?
- Track SB 67 free on One Click Politics — get push/email alerts when it moves.
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