BILL NUMBER: SB 262 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kuehl
FEBRUARY 18, 2003
An act to amend Section 4458 of the Government Code, and to amend
Sections 19954 and 19958.5 of, and to add Section 19958.6 to, the
Health and Safety Code, relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
SB 262, as introduced, Kuehl. Buildings: access: enforcement.
Existing law authorizes the district attorney, a city attorney,
the Attorney General or, in certain instances, the Department of
Rehabilitation acting through the Attorney General, to bring an
action to enjoin a violation of prescribed requirements relating to
access to buildings by handicapped persons.
This bill would authorize the county counsel to also bring those
actions. The bill would additionally authorize any of those officials
to bring a civil action to impose civil penalties on persons who
violate prescribed statutes or regulations relating to access to
buildings by handicapped persons. The bill would prescribe the
amounts, according to circumstances set forth in the bill, and the
disposition of those civil penalties.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4458 of the Government Code is amended to read:
4458. The district attorney, the city attorney,
the county
counsel,
or the Attorney General may bring an action to enjoin
a violation of this chapter.
SEC. 2. Section 19954 of the Health and Safety Code is amended to
read:
19954. The district attorney, the city attorney,
the county
counsel,
the Department of Rehabilitation acting through the
Attorney General, or the Attorney General may bring an action to
enjoin any violation of this part.
SEC. 3. Section 19958.5 of the Health and Safety Code is amended
to read:
19958.5. The district attorney, the city attorney,
the
county counsel,
the Department of Rehabilitation acting through
the Attorney General, or the Attorney General may bring an action to
enjoin a violation of this part.
SEC. 4. Section 19958.6 is added to the Health and Safety Code, to
read:
19958.6. (a) A person who violates Section 19952, 19955, 19955.5,
19956, 19956.5, or 19959 or any of the regulations implementing
those sections that have been adopted by the California Building
Standards Commission pursuant to Section 4450 of the Government Code
shall be subject to a civil penalty of two thousand five hundred
dollars ($2,500) for each violation.
(b) A person who remains in violation of the statutes and
regulations specified in subdivision (a) for more than 90 days after
receipt of written notice of the violation shall be subject to an
additional civil penalty of not less than five hundred dollars ($500)
nor more than two thousand five hundred dollars ($2,500) for each
violation and each additional day that a violation remains. In
assessing the amount of the civil penalty under this subdivision, the
court may consider relevant circumstances presented by the parties
to the case, including, but not limited to, the following:
(1) The nature and seriousness of the violations.
(2) The number of violations.
(3) The persistence of the violations.
(4) The willfulness of the defendant's conduct.
(5) The defendant's assets, liabilities, and net worth.
(6) Any economic benefit to the defendant resulting from the
violation.
(7) The number of individuals with disabilities deprived of access
because of the violations.
(c) When imposing penalties under either subdivision (a) or (b),
the court shall impose a separate civil penalty for each violation of
the statutes and implementing regulations mentioned in subdivision
(a).
(d) Every civil action brought under this section shall be brought
in the name of the people of the state by the district attorney, the
city attorney, the county counsel, the Department of Rehabilitation
acting through the Attorney General, or the Attorney General. An
action brought in the name of the people of the state shall not
preclude an action being brought by an injured person.
(e) (1) If the action is brought by the Department of
Rehabilitation acting through the Attorney General, or by the
Attorney General, the civil penalties shall be paid to the Treasurer.
Upon prevailing, the Attorney General shall be entitled to recover
all costs of investigating and prosecuting the action, including
expert fees, reasonable attorneys' fees, and costs.
(2) If the action is brought by the district attorney, or the
county counsel, the civil penalties shall be paid to the treasurer of
the county in which the judgment was entered.
(3) If the action is brought by the city attorney, the civil
penalties shall be paid to the treasurer of the city bringing the
action.

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