Plain English Breakdown
The bill text is truncated in section (3), so any details about existing rights for individuals with disabilities beyond what was already stated as 'existing law' cannot be fully verified from this excerpt.
Small Business Right to Cure Program for Disability Access
This bill creates a program that protects qualifying businesses from minimum fines in construction-related disability access lawsuits if they post specific notices and follow rules after an inspection.
What This Bill Does
- Creates the Small Business Right to Cure Program until January 1, 2034.
- Stops qualified defendants from paying minimum statutory damages for six years following a certified inspector report.
- Requires businesses in the program to post both an inspection notice and a participation notice on their premises.
- Mandates that participating businesses make specific documents available for public review, including the inspection report.
- Updates reporting rules so attorneys must tell state officials if a defendant used this new program.
- Makes it subject to enforcement under unfair competition laws to post fake or inaccurate notices about qualifying for the program.
Who It Names or Affects
- Businesses that qualify as defendants in construction-related accessibility claims.
- Attorneys who file complaints regarding disability access violations.
- The California Commission on Disability Access, which collects data and reports to lawmakers.
Terms To Know
- Certified Access Specialist (CASp)
- A professional who inspects buildings for disability access issues and writes a report on the findings.
- Statutory damages
- Minimum amounts of money set by law that a defendant must pay if they lose an accessibility lawsuit, even without proof of actual harm.
Limits and Unknowns
- The program does not apply if a plaintiff claims an intentional violation of disability laws.
- Protection is lost if the lawsuit involves policies, practices, procedures, or physical injuries and property damage.
- The State Architect has authority to create official forms for notices but may take time before doing so.