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AB 2325

  • California Assembly Bill
  • 2011-2012 Regular Session
  • Introduced in Assembly Feb 24, 2012
  • Assembly
  • Senate
  • Governor

Special access: liability.

Abstract

Under existing law, a person, firm, or corporation that interferes with the access rights of a disabled individual is liable for the actual damages of each offense and any amount determined by a judge or jury of up to 3 times the amount of the actual damages, but in no case less than $1,000. Existing law requires the State Architect to develop and submit for approval and adoption building standards for making buildings, structures, sidewalks, curbs, and related facilities accessible to, and usable by, persons with disabilities, as specified. This bill would establish notice requirements for an alleged aggrieved party to follow before bringing an action against a business for an alleged violation of the above-described provisions. The bill would require that party to provide specified notice to the owner of the property, agent, or other responsible party where the alleged violation occurred. The bill would require that owner, agent, or other responsible party to respond within 30 days with a description of the improvements to be made or with a rebuttal to the allegations, as specified. If that owner, agent, or other responsible party elects to fix the alleged violation, the bill would provide 120 days to do so. The bill would provide that its provisions do not apply to claims for recovery of special damages for an injury in fact, and would authorize the court to consider previous or pending actual damage awards received or prayed for by the alleged aggrieved party for the same or similar injury. The bill would further state the intent of the Legislature to institute certain educational programs related to special access laws. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Sponsors (1)

Chris Norby

  • Republican
Author

Votes


No votes to display

Actions


Mar 15, 2012

Assembly

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Feb 27, 2012

Assembly

Read first time.

Feb 26, 2012

Assembly

From printer. May be heard in committee March 27.

Feb 24, 2012

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB2325 HTML
02/24/12 - Introduced PDF

Related Documents

Document Format
No related documents.

Sources

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