8299. The Legislature finds and declares that, despite the fact
that state law has provided persons with disabilities the right to
full and equal access to public facilities since 1968, and that a
violation of the right of any person under the Americans with
Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et
seq.) has also constituted a violation of the Unruh Civil Rights Act
(Section 51 of the Civil Code) since 1992, persons with disabilities
are still being denied full and equal access to public facilities in
many instances. The Legislature further finds and declares that
businesses in California have the responsibility to provide full and
equal access to public facilities as required in the laws and
regulations, but that compliance may be thwarted in some cases by
conflicting state and federal regulations, which in turn results in
unnecessary litigation. With a view to developing recommendations
that will enable persons with disabilities to exercise their right to
full and equal access to public facilities, and that will facilitate
business compliance with the laws and regulations to avoid
unnecessary litigation, the Legislature has created the California
Commission on Disability Access.
8299.01. (a) There shall be established in the state government, on
or before May 1, 2009, the California Commission on Disability
Access. The commission shall consist of 11 public members, and six ex
officio nonvoting members, appointed as follows:
(1) Two public members appointed by the Senate Committee on Rules,
with one appointee from the business community and one appointee
from the disability community. The Senate Committee on Rules shall
request and consider nominations from the business community and the
disability community for these appointments.
(2) Two public members appointed by the Speaker of the Assembly,
with one appointee from the business community and one appointee from
the disability community. The Speaker of the Assembly shall request
and consider nominations from the business community and the
disability community for these appointments.
(3) Seven public members appointed by the Governor, with the
consent of the Senate. Four of the Governor's appointees shall be
from the disability community. Three appointees shall be from the
business community, including an appointee representative from the
California Business Properties Association. The Governor shall
request and consider nominations from the business community and the
disability community for these appointments.
(4) The State Architect, or his or her representative, as a
nonvoting ex officio member.
(5) The Attorney General, or his or her representative, as a
nonvoting ex officio member.
(6) Two members of the Senate, appointed by the Senate Committee
on Rules as nonvoting ex officio members. One member shall be from
the majority party, and one member shall be from the minority party.
(7) Two members of the Assembly, appointed by the Speaker of the
Assembly, as nonvoting ex officio members. One member shall be from
the majority party, and one member shall be from the minority party.
(b) It is the intent of this section that the commission shall be
broadly representative of the ethnic, gender, and racial diversity of
the population of California. It is further the intent of this
section that both of the following apply:
(1) The appointees from the disability community shall be persons
with a disability relating to, but not limited to, vision, hearing,
mobility, breathing, speech, cognitive, cardiac, emotional,
developmental, learning, psychological, or immunological
disabilities.
(2) The commission recruitment and appointment process shall
engage in identifying qualified disability community representatives
who should possess elements of the following qualifications:
(A) Identify as people with disabilities, activity limitations, or
both.
(B) Have personal experience with disability and disability
advocacy and the ability to speak broadly on disability access
issues.
(C) Are knowledgeable about cross-disability access issues,
including, but not limited to, hearing, vision, mobility, speech, and
cognitive limitations.
(D) Are knowledgeable about a variety of physical, communication,
and program access issues.
(E) Are involved with segments of national, state, or local
constituencies of the disability community, such as active
involvement in broad-based disability organizations.
(F) Have in place and use communication networks to facilitate
communication with the segments of the disability community they are
representing, including, but not limited to, segments of diverse
ethnic, cultural, sex, sexual orientation, age, and linguistic
communities that are representative of the diverse population of
Californians with disabilities.
(c) Public members shall be appointed for three-year terms, except
that, with respect to the initial appointees, the Governor shall
appoint three members for a one-year term, two members for a two-year
term, and two members for a three-year term. The Senate Committee on
Rules and the Speaker of the Assembly shall each initially appoint
one member for a two-year term and one member for a three-year term.
Public members may be reappointed for additional terms.
(d) Vacancies shall be filled by the appointing authority for the
unexpired portion of the terms.
8299.02. (a) Public members of the commission shall receive one
hundred dollars ($100) per diem while on official business of the
commission, not to exceed 12 days per year. Each member of the
commission shall also be entitled to receive his or her actual
necessary traveling expenses while on official business of the
commission.
(b) The commission shall select annually from its membership a
chairperson who shall be a representative from the disability
community, and a vice chairperson who shall be a representative from
the business community.
8299.03. Meetings of the commission shall be subject to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2).
8299.04. The commission shall have the powers and authority
necessary to carry out the duties imposed upon it by this chapter,
including, but not limited to, the following:
(a) To employ any administrative, technical, or other personnel
that may be necessary for the performance of its powers and duties.
(b) To hold hearings, make and sign any agreement, and do or
perform any act, including the collection of relevant information,
that may be necessary, desirable, or proper to carry out the purposes
of this chapter.
(c) To cooperate with, and secure the cooperation of, any
department, division, board, bureau, commission, or other agency of
the state to facilitate the proper execution of its powers and duties
under this chapter.
(d) To appoint advisers or advisory committees from time to time
when the commission determines that the experience or expertise of
those advisers or advisory committees is needed for projects of the
commission. Section 11009 shall apply to advisers or advisory
committees.
(e) To accept any federal funds granted by an act of Congress or
by executive order for any purpose of this chapter.
(f) To accept any gift, donation, grant, or bequest for any
purpose of this chapter.
8299.05. (a) The commission shall study and make reports to the
Legislature on the following:
(1) Issues regarding compliance with state laws and regulations
that are raised by either persons with disabilities or businesses,
and any recommendations that would promote compliance.
(2) Whether public and private inspection programs, including the
Certified Access Specialist Program, are meeting the needs of both
the business community and the disability community, including by the
provision of timely, competent inspections that properly identify
violations and recommend appropriate remedial measures.
(3) Whether existing training and continuing education
requirements for personnel involved in designing, plan checking,
building, or inspecting a structure are sufficient to provide the
personnel with sufficient knowledge of the state and federal
disability access laws and regulations.
(4) Whether training and continuing education requirements should
be enacted for landscape architects, professional engineers, and
contractors to provide these professionals with sufficient knowledge
of the state and federal disability access laws and regulations. This
study and report shall be completed and delivered to the Legislature
no later than January 1, 2011.
(b) (1) The commission shall act as an information center on the
status of compliance in California with state laws and regulations
providing persons with disabilities full and equal access to public
facilities. To this end, it shall publish a biennial report, which
may be combined with the biennial report required in odd-numbered
years pursuant to subdivision (e), on the state of disability access
compliance by both the public and private sector. The report shall be
written in general terms and shall not identify any particular
violators.
(2) The commission shall, to the extent feasible, coordinate with
other state agencies and local building departments to ensure that
information provided to the public on disability access requirements
is uniform and complete.
(c) The commission may recommend, develop, prepare, or coordinate
materials, projects, or other activities, as appropriate, relating to
any subject within its jurisdiction.
(d) The commission shall provide, within its resources, technical
information regarding any of the following:
(1) Preventing or minimizing problems of compliance by California
businesses by engaging in educational outreach efforts and by
preparing and hosting on its Internet Web site a Guide to Compliance
with State Laws and Regulations Regarding Disability Access
Requirements.
(2) Recommending programs to enable persons with disabilities to
obtain full and equal access to public facilities.
(e) The commission shall make reports on its activities, findings,
and recommendations to the Legislature from time to time, but not
less often than once during every odd-numbered year, on or before May
1 of that year, commencing in 2011.
8299.06. The commission, as soon as practicable, but in no event
later than July 1, 2010, shall develop, in consultation with the
staff of the California Building Standards Commission, a master
checklist for disability access compliance that may be used by
building inspectors.
8299.07. The commission shall study the operation of Section 55.54
of the Civil Code to assess whether it is operating to achieve its
desired goal of reducing unnecessary civil actions that seek attorney'
s fees and damages but that do not facilitate compliance with state
laws and regulations governing disability access, and whether that
section is unduly impacting claims brought to facilitate compliance.
The commission shall report its findings and any recommendations to
the Legislature no earlier than July 1, 2013, and no later than July
1, 2014.
8299.08. (a) The commission, within its purview, is expressly
authorized to inform the Legislature of its position on any
legislative proposal pending before the Legislature and to urge the
introduction of legislative proposals.
(b) The commission is expressly authorized to state its position
and viewpoint on issues developed in the performance of its duties
and responsibilities as specified in this chapter.
8299.09. With respect to its duties, the commission shall be an
advisory commission only, and there shall be no right or obligation
on the part of the state to implement the findings of the commission
without further legislation that specifically authorizes that the
evaluations, determinations, and findings of the commission be
implemented.
8299.10. The commission shall hire staff or contract for those
experts or technical and professional services that may be required
for the completion of any task authorized or study required by this
chapter. Staff hired pursuant to this section shall be hired in
compliance with the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2). Contracts awarded pursuant
to this section shall be in compliance with Section 19130. The
commission is expressly encouraged and authorized to seek the
technical and legal assistance of other state agencies and
departments in fulfilling its statutory responsibilities.
8299.11. This chapter shall not be implemented, and shall not
remain operative, unless funds are appropriated for that purpose by
the Legislature in the annual Budget Act or another statute.
8299. The Legislature finds and declares that, despite the fact
that state law has provided persons with disabilities the right to
full and equal access to public facilities since 1968, and that a
violation of the right of any person under the Americans with
Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et
seq.) has also constituted a violation of the Unruh Civil Rights Act
(Section 51 of the Civil Code) since 1992, persons with disabilities
are still being denied full and equal access to public facilities in
many instances. The Legislature further finds and declares that
businesses in California have the responsibility to provide full and
equal access to public facilities as required in the laws and
regulations, but that compliance may be thwarted in some cases by
conflicting state and federal regulations, which in turn results in
unnecessary litigation. With a view to developing recommendations
that will enable persons with disabilities to exercise their right to
full and equal access to public facilities, and that will facilitate
business compliance with the laws and regulations to avoid
unnecessary litigation, the Legislature has created the California
Commission on Disability Access.
8299.01. (a) There shall be established in the state government, on
or before May 1, 2009, the California Commission on Disability
Access. The commission shall consist of 11 public members, and six ex
officio nonvoting members, appointed as follows:
(1) Two public members appointed by the Senate Committee on Rules,
with one appointee from the business community and one appointee
from the disability community. The Senate Committee on Rules shall
request and consider nominations from the business community and the
disability community for these appointments.
(2) Two public members appointed by the Speaker of the Assembly,
with one appointee from the business community and one appointee from
the disability community. The Speaker of the Assembly shall request
and consider nominations from the business community and the
disability community for these appointments.
(3) Seven public members appointed by the Governor, with the
consent of the Senate. Four of the Governor's appointees shall be
from the disability community. Three appointees shall be from the
business community, including an appointee representative from the
California Business Properties Association. The Governor shall
request and consider nominations from the business community and the
disability community for these appointments.
(4) The State Architect, or his or her representative, as a
nonvoting ex officio member.
(5) The Attorney General, or his or her representative, as a
nonvoting ex officio member.
(6) Two members of the Senate, appointed by the Senate Committee
on Rules as nonvoting ex officio members. One member shall be from
the majority party, and one member shall be from the minority party.
(7) Two members of the Assembly, appointed by the Speaker of the
Assembly, as nonvoting ex officio members. One member shall be from
the majority party, and one member shall be from the minority party.
(b) It is the intent of this section that the commission shall be
broadly representative of the ethnic, gender, and racial diversity of
the population of California. It is further the intent of this
section that both of the following apply:
(1) The appointees from the disability community shall be persons
with a disability relating to, but not limited to, vision, hearing,
mobility, breathing, speech, cognitive, cardiac, emotional,
developmental, learning, psychological, or immunological
disabilities.
(2) The commission recruitment and appointment process shall
engage in identifying qualified disability community representatives
who should possess elements of the following qualifications:
(A) Identify as people with disabilities, activity limitations, or
both.
(B) Have personal experience with disability and disability
advocacy and the ability to speak broadly on disability access
issues.
(C) Are knowledgeable about cross-disability access issues,
including, but not limited to, hearing, vision, mobility, speech, and
cognitive limitations.
(D) Are knowledgeable about a variety of physical, communication,
and program access issues.
(E) Are involved with segments of national, state, or local
constituencies of the disability community, such as active
involvement in broad-based disability organizations.
(F) Have in place and use communication networks to facilitate
communication with the segments of the disability community they are
representing, including, but not limited to, segments of diverse
ethnic, cultural, sex, sexual orientation, age, and linguistic
communities that are representative of the diverse population of
Californians with disabilities.
(c) Public members shall be appointed for three-year terms, except
that, with respect to the initial appointees, the Governor shall
appoint three members for a one-year term, two members for a two-year
term, and two members for a three-year term. The Senate Committee on
Rules and the Speaker of the Assembly shall each initially appoint
one member for a two-year term and one member for a three-year term.
Public members may be reappointed for additional terms.
(d) Vacancies shall be filled by the appointing authority for the
unexpired portion of the terms.
8299.02. (a) Public members of the commission shall receive one
hundred dollars ($100) per diem while on official business of the
commission, not to exceed 12 days per year. Each member of the
commission shall also be entitled to receive his or her actual
necessary traveling expenses while on official business of the
commission.
(b) The commission shall select annually from its membership a
chairperson who shall be a representative from the disability
community, and a vice chairperson who shall be a representative from
the business community.
8299.03. Meetings of the commission shall be subject to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2).
8299.04. The commission shall have the powers and authority
necessary to carry out the duties imposed upon it by this chapter,
including, but not limited to, the following:
(a) To employ any administrative, technical, or other personnel
that may be necessary for the performance of its powers and duties.
(b) To hold hearings, make and sign any agreement, and do or
perform any act, including the collection of relevant information,
that may be necessary, desirable, or proper to carry out the purposes
of this chapter.
(c) To cooperate with, and secure the cooperation of, any
department, division, board, bureau, commission, or other agency of
the state to facilitate the proper execution of its powers and duties
under this chapter.
(d) To appoint advisers or advisory committees from time to time
when the commission determines that the experience or expertise of
those advisers or advisory committees is needed for projects of the
commission. Section 11009 shall apply to advisers or advisory
committees.
(e) To accept any federal funds granted by an act of Congress or
by executive order for any purpose of this chapter.
(f) To accept any gift, donation, grant, or bequest for any
purpose of this chapter.
8299.05. (a) The commission shall study and make reports to the
Legislature on the following:
(1) Issues regarding compliance with state laws and regulations
that are raised by either persons with disabilities or businesses,
and any recommendations that would promote compliance.
(2) Whether public and private inspection programs, including the
Certified Access Specialist Program, are meeting the needs of both
the business community and the disability community, including by the
provision of timely, competent inspections that properly identify
violations and recommend appropriate remedial measures.
(3) Whether existing training and continuing education
requirements for personnel involved in designing, plan checking,
building, or inspecting a structure are sufficient to provide the
personnel with sufficient knowledge of the state and federal
disability access laws and regulations.
(4) Whether training and continuing education requirements should
be enacted for landscape architects, professional engineers, and
contractors to provide these professionals with sufficient knowledge
of the state and federal disability access laws and regulations. This
study and report shall be completed and delivered to the Legislature
no later than January 1, 2011.
(b) (1) The commission shall act as an information center on the
status of compliance in California with state laws and regulations
providing persons with disabilities full and equal access to public
facilities. To this end, it shall publish a biennial report, which
may be combined with the biennial report required in odd-numbered
years pursuant to subdivision (e), on the state of disability access
compliance by both the public and private sector. The report shall be
written in general terms and shall not identify any particular
violators.
(2) The commission shall, to the extent feasible, coordinate with
other state agencies and local building departments to ensure that
information provided to the public on disability access requirements
is uniform and complete.
(c) The commission may recommend, develop, prepare, or coordinate
materials, projects, or other activities, as appropriate, relating to
any subject within its jurisdiction.
(d) The commission shall provide, within its resources, technical
information regarding any of the following:
(1) Preventing or minimizing problems of compliance by California
businesses by engaging in educational outreach efforts and by
preparing and hosting on its Internet Web site a Guide to Compliance
with State Laws and Regulations Regarding Disability Access
Requirements.
(2) Recommending programs to enable persons with disabilities to
obtain full and equal access to public facilities.
(e) The commission shall make reports on its activities, findings,
and recommendations to the Legislature from time to time, but not
less often than once during every odd-numbered year, on or before May
1 of that year, commencing in 2011.
8299.06. The commission, as soon as practicable, but in no event
later than July 1, 2010, shall develop, in consultation with the
staff of the California Building Standards Commission, a master
checklist for disability access compliance that may be used by
building inspectors.
8299.07. The commission shall study the operation of Section 55.54
of the Civil Code to assess whether it is operating to achieve its
desired goal of reducing unnecessary civil actions that seek attorney'
s fees and damages but that do not facilitate compliance with state
laws and regulations governing disability access, and whether that
section is unduly impacting claims brought to facilitate compliance.
The commission shall report its findings and any recommendations to
the Legislature no earlier than July 1, 2013, and no later than July
1, 2014.
8299.08. (a) The commission, within its purview, is expressly
authorized to inform the Legislature of its position on any
legislative proposal pending before the Legislature and to urge the
introduction of legislative proposals.
(b) The commission is expressly authorized to state its position
and viewpoint on issues developed in the performance of its duties
and responsibilities as specified in this chapter.
8299.09. With respect to its duties, the commission shall be an
advisory commission only, and there shall be no right or obligation
on the part of the state to implement the findings of the commission
without further legislation that specifically authorizes that the
evaluations, determinations, and findings of the commission be
implemented.
8299.10. The commission shall hire staff or contract for those
experts or technical and professional services that may be required
for the completion of any task authorized or study required by this
chapter. Staff hired pursuant to this section shall be hired in
compliance with the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2). Contracts awarded pursuant
to this section shall be in compliance with Section 19130. The
commission is expressly encouraged and authorized to seek the
technical and legal assistance of other state agencies and
departments in fulfilling its statutory responsibilities.
8299.11. This chapter shall not be implemented, and shall not
remain operative, unless funds are appropriated for that purpose by
the Legislature in the annual Budget Act or another statute.
8299. The Legislature finds and declares that, despite the fact
that state law has provided persons with disabilities the right to
full and equal access to public facilities since 1968, and that a
violation of the right of any person under the Americans with
Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et
seq.) has also constituted a violation of the Unruh Civil Rights Act
(Section 51 of the Civil Code) since 1992, persons with disabilities
are still being denied full and equal access to public facilities in
many instances. The Legislature further finds and declares that
businesses in California have the responsibility to provide full and
equal access to public facilities as required in the laws and
regulations, but that compliance may be thwarted in some cases by
conflicting state and federal regulations, which in turn results in
unnecessary litigation. With a view to developing recommendations
that will enable persons with disabilities to exercise their right to
full and equal access to public facilities, and that will facilitate
business compliance with the laws and regulations to avoid
unnecessary litigation, the Legislature has created the California
Commission on Disability Access.
8299.01. (a) There shall be established in the state government, on
or before May 1, 2009, the California Commission on Disability
Access. The commission shall consist of 11 public members, and six ex
officio nonvoting members, appointed as follows:
(1) Two public members appointed by the Senate Committee on Rules,
with one appointee from the business community and one appointee
from the disability community. The Senate Committee on Rules shall
request and consider nominations from the business community and the
disability community for these appointments.
(2) Two public members appointed by the Speaker of the Assembly,
with one appointee from the business community and one appointee from
the disability community. The Speaker of the Assembly shall request
and consider nominations from the business community and the
disability community for these appointments.
(3) Seven public members appointed by the Governor, with the
consent of the Senate. Four of the Governor's appointees shall be
from the disability community. Three appointees shall be from the
business community, including an appointee representative from the
California Business Properties Association. The Governor shall
request and consider nominations from the business community and the
disability community for these appointments.
(4) The State Architect, or his or her representative, as a
nonvoting ex officio member.
(5) The Attorney General, or his or her representative, as a
nonvoting ex officio member.
(6) Two members of the Senate, appointed by the Senate Committee
on Rules as nonvoting ex officio members. One member shall be from
the majority party, and one member shall be from the minority party.
(7) Two members of the Assembly, appointed by the Speaker of the
Assembly, as nonvoting ex officio members. One member shall be from
the majority party, and one member shall be from the minority party.
(b) It is the intent of this section that the commission shall be
broadly representative of the ethnic, gender, and racial diversity of
the population of California. It is further the intent of this
section that both of the following apply:
(1) The appointees from the disability community shall be persons
with a disability relating to, but not limited to, vision, hearing,
mobility, breathing, speech, cognitive, cardiac, emotional,
developmental, learning, psychological, or immunological
disabilities.
(2) The commission recruitment and appointment process shall
engage in identifying qualified disability community representatives
who should possess elements of the following qualifications:
(A) Identify as people with disabilities, activity limitations, or
both.
(B) Have personal experience with disability and disability
advocacy and the ability to speak broadly on disability access
issues.
(C) Are knowledgeable about cross-disability access issues,
including, but not limited to, hearing, vision, mobility, speech, and
cognitive limitations.
(D) Are knowledgeable about a variety of physical, communication,
and program access issues.
(E) Are involved with segments of national, state, or local
constituencies of the disability community, such as active
involvement in broad-based disability organizations.
(F) Have in place and use communication networks to facilitate
communication with the segments of the disability community they are
representing, including, but not limited to, segments of diverse
ethnic, cultural, sex, sexual orientation, age, and linguistic
communities that are representative of the diverse population of
Californians with disabilities.
(c) Public members shall be appointed for three-year terms, except
that, with respect to the initial appointees, the Governor shall
appoint three members for a one-year term, two members for a two-year
term, and two members for a three-year term. The Senate Committee on
Rules and the Speaker of the Assembly shall each initially appoint
one member for a two-year term and one member for a three-year term.
Public members may be reappointed for additional terms.
(d) Vacancies shall be filled by the appointing authority for the
unexpired portion of the terms.
8299.02. (a) Public members of the commission shall receive one
hundred dollars ($100) per diem while on official business of the
commission, not to exceed 12 days per year. Each member of the
commission shall also be entitled to receive his or her actual
necessary traveling expenses while on official business of the
commission.
(b) The commission shall select annually from its membership a
chairperson who shall be a representative from the disability
community, and a vice chairperson who shall be a representative from
the business community.
8299.03. Meetings of the commission shall be subject to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2).
8299.04. The commission shall have the powers and authority
necessary to carry out the duties imposed upon it by this chapter,
including, but not limited to, the following:
(a) To employ any administrative, technical, or other personnel
that may be necessary for the performance of its powers and duties.
(b) To hold hearings, make and sign any agreement, and do or
perform any act, including the collection of relevant information,
that may be necessary, desirable, or proper to carry out the purposes
of this chapter.
(c) To cooperate with, and secure the cooperation of, any
department, division, board, bureau, commission, or other agency of
the state to facilitate the proper execution of its powers and duties
under this chapter.
(d) To appoint advisers or advisory committees from time to time
when the commission determines that the experience or expertise of
those advisers or advisory committees is needed for projects of the
commission. Section 11009 shall apply to advisers or advisory
committees.
(e) To accept any federal funds granted by an act of Congress or
by executive order for any purpose of this chapter.
(f) To accept any gift, donation, grant, or bequest for any
purpose of this chapter.
8299.05. (a) The commission shall study and make reports to the
Legislature on the following:
(1) Issues regarding compliance with state laws and regulations
that are raised by either persons with disabilities or businesses,
and any recommendations that would promote compliance.
(2) Whether public and private inspection programs, including the
Certified Access Specialist Program, are meeting the needs of both
the business community and the disability community, including by the
provision of timely, competent inspections that properly identify
violations and recommend appropriate remedial measures.
(3) Whether existing training and continuing education
requirements for personnel involved in designing, plan checking,
building, or inspecting a structure are sufficient to provide the
personnel with sufficient knowledge of the state and federal
disability access laws and regulations.
(4) Whether training and continuing education requirements should
be enacted for landscape architects, professional engineers, and
contractors to provide these professionals with sufficient knowledge
of the state and federal disability access laws and regulations. This
study and report shall be completed and delivered to the Legislature
no later than January 1, 2011.
(b) (1) The commission shall act as an information center on the
status of compliance in California with state laws and regulations
providing persons with disabilities full and equal access to public
facilities. To this end, it shall publish a biennial report, which
may be combined with the biennial report required in odd-numbered
years pursuant to subdivision (e), on the state of disability access
compliance by both the public and private sector. The report shall be
written in general terms and shall not identify any particular
violators.
(2) The commission shall, to the extent feasible, coordinate with
other state agencies and local building departments to ensure that
information provided to the public on disability access requirements
is uniform and complete.
(c) The commission may recommend, develop, prepare, or coordinate
materials, projects, or other activities, as appropriate, relating to
any subject within its jurisdiction.
(d) The commission shall provide, within its resources, technical
information regarding any of the following:
(1) Preventing or minimizing problems of compliance by California
businesses by engaging in educational outreach efforts and by
preparing and hosting on its Internet Web site a Guide to Compliance
with State Laws and Regulations Regarding Disability Access
Requirements.
(2) Recommending programs to enable persons with disabilities to
obtain full and equal access to public facilities.
(e) The commission shall make reports on its activities, findings,
and recommendations to the Legislature from time to time, but not
less often than once during every odd-numbered year, on or before May
1 of that year, commencing in 2011.
8299.06. The commission, as soon as practicable, but in no event
later than July 1, 2010, shall develop, in consultation with the
staff of the California Building Standards Commission, a master
checklist for disability access compliance that may be used by
building inspectors.
8299.07. The commission shall study the operation of Section 55.54
of the Civil Code to assess whether it is operating to achieve its
desired goal of reducing unnecessary civil actions that seek attorney'
s fees and damages but that do not facilitate compliance with state
laws and regulations governing disability access, and whether that
section is unduly impacting claims brought to facilitate compliance.
The commission shall report its findings and any recommendations to
the Legislature no earlier than July 1, 2013, and no later than July
1, 2014.
8299.08. (a) The commission, within its purview, is expressly
authorized to inform the Legislature of its position on any
legislative proposal pending before the Legislature and to urge the
introduction of legislative proposals.
(b) The commission is expressly authorized to state its position
and viewpoint on issues developed in the performance of its duties
and responsibilities as specified in this chapter.
8299.09. With respect to its duties, the commission shall be an
advisory commission only, and there shall be no right or obligation
on the part of the state to implement the findings of the commission
without further legislation that specifically authorizes that the
evaluations, determinations, and findings of the commission be
implemented.
8299.10. The commission shall hire staff or contract for those
experts or technical and professional services that may be required
for the completion of any task authorized or study required by this
chapter. Staff hired pursuant to this section shall be hired in
compliance with the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2). Contracts awarded pursuant
to this section shall be in compliance with Section 19130. The
commission is expressly encouraged and authorized to seek the
technical and legal assistance of other state agencies and
departments in fulfilling its statutory responsibilities.
8299.11. This chapter shall not be implemented, and shall not
remain operative, unless funds are appropriated for that purpose by
the Legislature in the annual Budget Act or another statute.
