BILL NUMBER: SB 69 INTRODUCED
BILL TEXT


INTRODUCED BY Senator Oller

JANUARY 17, 2003

An act to amend Section 54.1 of the Civil Code, relating to civil
rights.



LEGISLATIVE COUNSEL'S DIGEST


SB 69, as introduced, Oller. Disability: access.
Existing law provides that individuals with disabilities are
entitled to full and equal access to accommodations, advantages,
facilities, privileges of various modes of transportation, and as
specified.
This bill would set forth the duty of an individual with a
disability who in good faith believes that a public accommodation or
housing accommodation does not provide full and equal access, to
notify the owner or manager of that accommodation. The bill would
also set forth the duty of the owner or manager, or other responsible
party, to notify the individual of planned access improvements, as
defined, and to make those improvements within a specified period,
during which period the individual would be prohibited from
commencing a cause of action under any state disabled access law.
The bill would also prohibit the recovery of attorney's fees, treble
damages, or any other costs, with respect to any action or proceeding
regarding access improvements.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1. Section 54.1 of the Civil Code is amended to read:
54.1. (a) (1) Individuals with disabilities shall be entitled to
full and equal access, as other members of the general public, to
accommodations, advantages, facilities, medical facilities, including
hospitals, clinics, and physicians' offices, and privileges of all
common carriers, airplanes, motor vehicles, railroad trains,
motorbuses, streetcars, boats, or any other public conveyances or
modes of transportation (strike) (whether (end strike) (add) , whether
(end add) private, public, franchised, licensed, contracted, or otherwise
(strike) provided) (end strike) (add) provided (end add) , telephone
facilities, adoption agencies, private schools, hotels, lodging
places, places of public accommodation, amusement, or resort, and
other places to which the general public is invited, subject only to
the conditions and limitations established by law, or state or
federal regulation, and applicable alike to all persons.
(2) As used in this section, "telephone facilities" means tariff
items and other equipment and services that have been approved by the
Public Utilities Commission to be used by individuals with
disabilities in a manner feasible and compatible with the existing
telephone network provided by the telephone companies.
(3) "Full and equal access," for purposes of this section in its
application to transportation, means access that meets the standards
of Titles II and III of the Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted pursuant
(strike) thereto (end strike) (add) to those standards (end add) , except
that, if the laws of this state prescribe higher standards, it
(strike) shall mean (end strike) (add) means (end add) access that meets
those higher standards.
(b) (1) Individuals with disabilities shall be entitled to full
and equal access, as other members of the general public, to all
housing accommodations offered for rent, lease, or compensation in
this state, subject to the conditions and limitations established by
law, or state or federal regulation, and applicable alike to all
persons.
(2) "Housing accommodations" means any real property, or portion
(strike) thereof (end strike) (add) of real property (end add) , that is used
or occupied, or is intended, arranged, or designed to be used or
occupied, as the home, residence, or sleeping place of one or more
human beings, but (strike) shall (end strike) (add) does (end add) not
include any accommodations included within subdivision (a) or any
single-family residence the occupants of which rent, lease, or
furnish for compensation not more than one room (strike) therein
(end strike) (add) of the residence (end add) .
(3) (A) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to permit an individual
with a disability, at that person's expense, to make reasonable
modifications of the existing rented premises if the modifications
are necessary to afford the person full enjoyment of the premises.
However, any modifications under this paragraph may be conditioned on
the disabled tenant entering into an agreement to restore the
interior of the premises to the condition existing prior to the
modifications. No additional security may be required on account of
an election to make modifications to the rented premises under this
paragraph, but the lessor and tenant may negotiate, as part of the
agreement to restore the premises, a provision requiring the disabled
tenant to pay an amount into an escrow account, not to exceed a
reasonable estimate of the cost of restoring the premises.
(B) Any person renting, leasing, or otherwise providing real
property for compensation (strike) shall (end strike) (add) may (end add) not
refuse to make reasonable accommodations in rules, policies,
practices, or services, when those accommodations may be necessary to
afford individuals with a disability equal opportunity to use and
enjoy the premises.
(4) Nothing in this subdivision (strike) shall require (end strike)
(add) requires (end add) any person renting, leasing, or providing for
compensation real property to modify his or her property in any way
or provide a higher degree of care for an individual with a
disability than for an individual who is not disabled.
(5) Except as provided in paragraph (6), nothing in this part
(strike) shall require (end strike) (add) requires (end add) any person
renting, leasing, or providing for compensation real property, if
that person refuses to accept tenants who have dogs, to accept as a
tenant an individual with a disability who has a dog.
(6) (A) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired on
the basis that the individual uses the services of a guide dog, an
individual who is deaf or hearing impaired on the basis that the
individual uses the services of a signal dog, or to an individual
with any other disability on the basis that the individual uses the
services of a service dog, or to refuse to permit (strike) such
(end strike) an individual who is blind or visually impaired to keep a
guide dog, an individual who is deaf or hearing impaired to keep a
signal dog, or an individual with any other disability to keep a
service dog on the premises.
(B) Except in the normal performance of duty as a mobility or
signal aid, nothing contained in this paragraph (strike) shall
(end strike) (add) may (end add) be construed to prevent the owner of a
housing accommodation from establishing terms in a lease or rental
agreement that reasonably regulate the presence of guide dogs, signal
dogs, or service dogs on the premises of a housing accommodation,
(strike) nor shall this paragraph be construed to (end strike) (add) or
(end add) relieve a tenant from any liability otherwise imposed by law
for real and personal property damages caused by (strike) such a dog
when (end strike) (add) those dogs if(end add) proof of the same exists.
(C) (i) As used in this subdivision, "guide dog" means any guide
dog that was trained by a person licensed under Chapter 9.5
(commencing with Section 7200) of Division 3 of the Business and
Professions Code or as defined in the regulations implementing Title
III of the Americans with Disabilities Act of 1990 (Public Law
101-336).
(ii) As used in this subdivision, "signal dog" means any dog
trained to alert an individual who is deaf or hearing impaired to
intruders or sounds.
(iii) As used in this subdivision, "service dog" means any dog
individually trained to the requirements of the individual with a
disability, including, but not limited to, minimal protection work,
rescue work, pulling a wheelchair, or fetching dropped items.
(7) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired, an
individual who is deaf or hearing impaired, or other individual with
a disability on the basis that the individual with a disability is
partially or wholly dependent upon the income of his or her spouse,
if the spouse is a party to the lease or rental agreement. Nothing
in this subdivision, however, (strike) shall prohibit(end strike) (add)
prohibits (end add) a lessor or landlord from considering the aggregate
financial status of an individual with a disability and his or her
spouse.
(c) Visually impaired or blind persons and persons licensed to
train guide dogs for individuals who are visually impaired or blind
pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3
of the Business and Professions Code or guide dogs as defined in the
regulations implementing Title III of the Americans with Disabilities
Act of 1990 (Public Law 101-336), and persons who are deaf or
hearing impaired and persons authorized to train signal dogs for
individuals who are deaf or hearing impaired, and other individuals
with a disability and persons authorized to train service dogs for
individuals with a disability, may take dogs, for the purpose of
training them as guide dogs, signal dogs, or service dogs in any of
the places specified in subdivisions (a) and (b). These persons
shall ensure that the dog is on a leash and tagged as a guide dog,
signal dog, or service dog by identification tag issued by the county
clerk, animal control department, or other agency, as authorized by
Chapter 3.5 (commencing with Section 30850) of Division 14 of the
Food and Agricultural Code. In addition, the person shall be liable
for any provable damage done to the premises or facilities by his or
her dog.
(d) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section (strike)
shall (end strike) (add) may (end add) be construed to limit the access of
any person in violation of that act.
(e) Nothing in this section (strike)shall preclude (end strike) (add)
precludes (end add) the requirement of the showing of a license plate or
disabled placard when required by enforcement units enforcing
disabled persons parking violations pursuant to Sections 22507.8 and
22511.8 of the Vehicle Code. (add)
(f) (1) An individual with a disability who in good faith believes
that a public accommodation or housing accommodation does not
provide full and equal access to that accommodation, as required by
this section, Section 51, 52, 54, or 54.2, or Section 4450 or 4452 of
the Government Code, shall notify the accommodation by sending a
certified letter addressed to the owner or manager of that
accommodation. The certified letter shall clearly identify the
specific access problems.
(2) Upon receipt of the certified letter, the owner or manager, or
other responsible party as designated by the owner or manager, shall
comply with the following:
(A) Within 60 days from receipt of the certified letter, respond
in writing to that individual and provide a description of the access
improvements that are being made or will be made pursuant to
subparagraph (B). For purposes of this section, "access improvements"
are improvements made on a voluntary basis, irrespective of any law,
regulation, or court order that may require the improvements.
(B) Within 90 days from receipt of the certified letter, act in
good faith to make appropriate access improvements. These
improvements need not be completed in 90 days if there is good cause
for delay. "Good cause" includes, but is not limited to, weather,
application for required permits, the availability of contractors,
consultants, experts, or attorneys, unforeseen circumstances, or
similar delays.
(3) An individual with a disability may not commence a cause of
action against any public accommodation or housing accommodation for
an alleged violation of any section described in paragraph (1) until
90 days after the owner or manager of the accommodation receives the
certified letter.
(4) A plaintiff may not recover attorney's fees, treble damages,
or any other costs, pursuant to subdivision (a) of Section 54.3, with
respect to any action or proceeding regarding access improvements.
(end add)

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