Amended IN Senate June 12, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1757Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas)March 02, 2023An act to amend Section 6092.5 of the Business and Professions Code, to amend Sections 811.9, 990.2, 26529, 27647, 53214.5, 68111, and 69894.3 of, to amend and repeal Section 77210 of, to add Sections 73643, 73953, 74146, 74343, and 74743 to, to repeal Sections 26524 and 27648 of, to repeal Article 9 (commencing with Section 73640), Article 16 (commencing with Section 73950), Article 20 (commencing with Section 74130), Article 25 (commencing with Section 74340), and Article 30 (commencing with Section 74740) of Chapter 10 of Title 8 of, and to repeal and add Section 69894.4 of, the Government Code, to amend Sections 11488.4 and 11488.5 of the Health and Safety Code, and to amend Section 2620 of the Penal Code, relating to courts. An act to amend the heading of Part 2.53 (commencing with Section 55.55) of Division 1 of, and to add Sections 55.565 and 55.566 to, the Civil Code, relating to accessibility.LEGISLATIVE COUNSEL'S DIGESTAB 1757, as amended, Committee on Judiciary. Court consolidation. Accessibility: internet websites.Existing law imposes liability upon a person who denies, aids or incites a denial, or makes any discrimination or distinction contrary to rights afforded by law, for actual damages suffered, exemplary damages, a civil penalty, and attorneys fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorneys fees to a person who was denied those rights.This bill would specify that statutory damages based upon the inaccessibility of an internet website under these provisions shall only be recovered against an entity, as defined, if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public. The bill would require, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, the plaintiff to prove either that they personally encountered a barrier that caused them to experience a difference in their access to, or use of, the website as compared to other users, as specified, or that they were deterred from accessing all or part of the internet website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public. The bill would specify that an internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted, as specified, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with an internet website-related accessibility standard, as defined.This bill would make it unlawful for any resource service provider, in exchange for remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard. The bill would authorize a civil action by a person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard, with remedies as prescribed. The bill would further authorize a civil action by a person or entity that pays, compensates, or contracts with a resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled, with remedies as prescribed. The bill would also authorize the Attorney General or a district attorney, county counsel, or city attorney to bring an action to obtain injunctive or declaratory relief and attorneys fees and costs. The bill would provide that a provision within a contract between a person or entity and a resource service provider that seeks to waive liability under these provisions is subject to specified provisions of the Ralph Civil Rights Act of 1976 relating to waiver of rights.(1)Existing law, upon request of any judge of the superior or municipal court, requires the district attorney to appear for and represent the court or judge if the court or judge in their official capacity is a party defendant in any action. Existing law, if requested to do so by the superior court of the county of the county counsel, or by any judge thereof, and insofar as those duties are not in conflict with, and do not interfere with, other duties, with specified exceptions, authorizes the county counsel to represent any such court or judge thereof in all matters and questions of law pertaining to any of the judges duties. Existing law specifies that if, because of a declared conflict of interest, any judge, who is otherwise entitled to representation, is required to retain their own counsel, the judge is entitled to recover from the appropriate public entity the reasonable attorneys fees, costs, and expenses as were necessarily incurred thereby.Existing law, the Government Claims Act, requires the Judicial Council to provide for representation, defense, and indemnification of judges, subordinate judicial officers, court executive officers of the superior courts, and the court. The act authorizes a county to insure any officer or attach of its superior and municipal courts against all or any part of the officer or attachs liability for injury resulting from any act or omission in the scope of the officer or attachs employment.Existing law, the State Bar Act, requires the State Bar to, among other things, notify specified individuals and entities of a lawyers involuntary enrollment as an inactive licensee and termination of that enrollment, or any suspension or disbarment, and the reinstatement to active license of a suspended or disbarred attorney.Existing law prescribes the salaries and compensation for judges and establishes the Trial Court Employment Protection and Governance Act, which, among other things, governs the authority to regulate court employee classification and compensation, labor relations, employment protection, and retirement. Existing law provides county-specific requirements with respect to the benefits and compensation of municipal court judges and organization of certain municipal courts, and requires parity of benefits between municipal court judges and superior court judges.Proposition 220, approved by voters at the June 2, 1998, statewide primary election, consolidated the superior and municipal courts, as specified. This bill would amend these provisions to conform with the unification of municipal and superior courts and would make related changes with respect to employees of superior courts in specified counties and to judicial officers and their duties, including insuring judicial officers and the representation and indemnification of judicial officers and related expenses. This bill would, effective January 1, 2074, repeal those provisions relating to judicial compensation and benefits for specified municipal courts.(2)Existing law subjects certain property to forfeiture, including controlled substances and equipment used to process controlled substances, and requires a petition of forfeiture to be filed with the superior court of the county in which a defendant has been charged with the underlying criminal offense. A person with an interest in the seized property may file a claim with that court stating their interest.This bill would specify that these petitions and claims are unlimited civil cases.(3)The bill also makes technical, conforming, and nonsubstantive changes to various provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The heading of Part 2.53 (commencing with Section 55.55) of Division 1 of the Civil Code is amended to read:PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMSSEC. 2. Section 55.565 is added to the Civil Code, immediately following Section 55.56, to read:55.565. (a) Statutory damages under subdivision (a) of either Section 52 or Section 54.3 shall only be recovered against an entity based upon the inaccessibility of an internet website developed, procured, maintained, or used by that entity if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public, including any member of the public who is disabled.(b) To be entitled to statutory damages for internet website inaccessibility, a plaintiff must prove one of the following:(1) That the plaintiff personally encountered a barrier that caused the plaintiff to experience a difference in their ability to access or use the website as compared to other users such that the plaintiff was unable to acquire the same information, engage in the same interactions, or enjoy the same services with substantially equivalent ease of use, or to have the same level of privacy and independence as other users who are not disabled.(2) That the plaintiff was deterred from accessing all or part of the website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public.(c) (1) An internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted under subdivision (a) of Section 52 or 54.3, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with the internet website-related accessibility standard.(2) The presumption set forth in paragraph (1) affects the plaintiffs burden of proof. Upon the defendant establishing by a preponderance of the evidence that the internet website complies with the internet website-related accessibility standard, the plaintiff may rebut the presumption with clear and convincing evidence, showing that, notwithstanding the internet websites compliance with the standard, the elements of one of the violations set forth in subdivision (b) are established.(d) This section is not intended to do any of the following:(1) Limit the rights and remedies available to disabled persons under federal law, or any other state law.(2) Affect whether an entity is responsible under either Section 51 or 51.5 for making its premises accessible to all members of the public, including the disabled and including by means of accessing and using the entitys internet website.(3) Resolve, or otherwise address, whether an internet website that is a standalone website-only business and not associated with a business that has a physical location in California is subject to liability under Sections 51, 54, and 54.1.(e) For purposes of this section, the following definitions apply:(1) Entity means a business establishment that is open to the public, a public place, or a place of public accommodation.(2) Internet website includes all internet web-based technology, including, but not limited to, a mobile application or app that can be accessed by a mobile device.(3) Internet website-related accessibility standard means the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard for the accessibility of internet websites established by the World Wide Web Consortium (W3C) Accessibility Guidelines Working Group on June 5, 2018, or the accessibility standards for Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) in Part 1194 of Title 36 of the Code of Federal Regulations. To the extent that there is an overlap between the applicable standards for internet websites under WCAG 2.1 and standards for information or communication technology under Section 508 of the federal Rehabilitation Act of 1973, the more recent WCAG 2.1 standard shall apply. Any subsequent more stringent update, revision, or replacement to either standard adopted by any final rule of the U.S. Access Board shall apply to this section.(f) This section applies to any civil action filed on or after January 1, 2024.SEC. 3. Section 55.566 is added to the Civil Code, to read:55.566. (a) It is unlawful for any resource service provider, in exchange for money or any other form of remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard.(b) The following parties may bring a civil action pursuant to this subdivision:(1) (A) A person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard.(B) The remedies for a violation of this section pursuant to this paragraph are the remedies provided in subdivision (a) of Section 52.(2) (A) A person or entity that pays, compensates, or contracts with, the resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled.(B) A party who prevails under this paragraph shall be entitled to collect all damages, including, but not limited to, any statutory damages and attorneys fees paid by the person or entity as a result of a lawsuit against the person or entity pursuant to Sections 51, 54, and 54.1, based upon the inaccessibility of the person or entitys website, and all costs of bringing their internet website into compliance with the internet website-related accessibility standard.(c) Notwithstanding subdivision (b), the Attorney General or a district attorney, county counsel, or city attorney may bring an action under this section to obtain the following:(1) Injunctive or declaratory relief.(2) Attorneys fees and costs.(d) A provision within a contract between a person or entity and a resource service provider that seeks to waive liability under this section is subject to subdivision (c) of Section 51.7.(e) This section does not limit or alter the application of other laws, including, but not limited to, Sections 51, 54, and 54.1, or the ability of a plaintiff to bring a civil action under any other theory of the law, including, but not limited to, breach of contract, implied warranty of merchantability, or false or deceptive advertising.(f) For purposes of this section, the following terms have the following meanings:(1) Entity has the same meaning as provided in subdivision (e) of Section 55.565.(2) Internet website has the same meaning as provided in subdivision (e) of Section 55.565.(3) Internet website-related accessibility standard has the same meaning as provided in subdivision (e) of Section 55.565.(4) Resource service provider means a person or entity that, in exchange for money or any other form of remuneration, constructs, licenses, distributes, or maintains for online use any internet website or resource to be used within or in conjunction with an internet website.
Amended IN Senate June 12, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1757Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas)March 02, 2023An act to amend Section 6092.5 of the Business and Professions Code, to amend Sections 811.9, 990.2, 26529, 27647, 53214.5, 68111, and 69894.3 of, to amend and repeal Section 77210 of, to add Sections 73643, 73953, 74146, 74343, and 74743 to, to repeal Sections 26524 and 27648 of, to repeal Article 9 (commencing with Section 73640), Article 16 (commencing with Section 73950), Article 20 (commencing with Section 74130), Article 25 (commencing with Section 74340), and Article 30 (commencing with Section 74740) of Chapter 10 of Title 8 of, and to repeal and add Section 69894.4 of, the Government Code, to amend Sections 11488.4 and 11488.5 of the Health and Safety Code, and to amend Section 2620 of the Penal Code, relating to courts. An act to amend the heading of Part 2.53 (commencing with Section 55.55) of Division 1 of, and to add Sections 55.565 and 55.566 to, the Civil Code, relating to accessibility.LEGISLATIVE COUNSEL'S DIGESTAB 1757, as amended, Committee on Judiciary. Court consolidation. Accessibility: internet websites.Existing law imposes liability upon a person who denies, aids or incites a denial, or makes any discrimination or distinction contrary to rights afforded by law, for actual damages suffered, exemplary damages, a civil penalty, and attorneys fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorneys fees to a person who was denied those rights.This bill would specify that statutory damages based upon the inaccessibility of an internet website under these provisions shall only be recovered against an entity, as defined, if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public. The bill would require, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, the plaintiff to prove either that they personally encountered a barrier that caused them to experience a difference in their access to, or use of, the website as compared to other users, as specified, or that they were deterred from accessing all or part of the internet website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public. The bill would specify that an internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted, as specified, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with an internet website-related accessibility standard, as defined.This bill would make it unlawful for any resource service provider, in exchange for remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard. The bill would authorize a civil action by a person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard, with remedies as prescribed. The bill would further authorize a civil action by a person or entity that pays, compensates, or contracts with a resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled, with remedies as prescribed. The bill would also authorize the Attorney General or a district attorney, county counsel, or city attorney to bring an action to obtain injunctive or declaratory relief and attorneys fees and costs. The bill would provide that a provision within a contract between a person or entity and a resource service provider that seeks to waive liability under these provisions is subject to specified provisions of the Ralph Civil Rights Act of 1976 relating to waiver of rights.(1)Existing law, upon request of any judge of the superior or municipal court, requires the district attorney to appear for and represent the court or judge if the court or judge in their official capacity is a party defendant in any action. Existing law, if requested to do so by the superior court of the county of the county counsel, or by any judge thereof, and insofar as those duties are not in conflict with, and do not interfere with, other duties, with specified exceptions, authorizes the county counsel to represent any such court or judge thereof in all matters and questions of law pertaining to any of the judges duties. Existing law specifies that if, because of a declared conflict of interest, any judge, who is otherwise entitled to representation, is required to retain their own counsel, the judge is entitled to recover from the appropriate public entity the reasonable attorneys fees, costs, and expenses as were necessarily incurred thereby.Existing law, the Government Claims Act, requires the Judicial Council to provide for representation, defense, and indemnification of judges, subordinate judicial officers, court executive officers of the superior courts, and the court. The act authorizes a county to insure any officer or attach of its superior and municipal courts against all or any part of the officer or attachs liability for injury resulting from any act or omission in the scope of the officer or attachs employment.Existing law, the State Bar Act, requires the State Bar to, among other things, notify specified individuals and entities of a lawyers involuntary enrollment as an inactive licensee and termination of that enrollment, or any suspension or disbarment, and the reinstatement to active license of a suspended or disbarred attorney.Existing law prescribes the salaries and compensation for judges and establishes the Trial Court Employment Protection and Governance Act, which, among other things, governs the authority to regulate court employee classification and compensation, labor relations, employment protection, and retirement. Existing law provides county-specific requirements with respect to the benefits and compensation of municipal court judges and organization of certain municipal courts, and requires parity of benefits between municipal court judges and superior court judges.Proposition 220, approved by voters at the June 2, 1998, statewide primary election, consolidated the superior and municipal courts, as specified. This bill would amend these provisions to conform with the unification of municipal and superior courts and would make related changes with respect to employees of superior courts in specified counties and to judicial officers and their duties, including insuring judicial officers and the representation and indemnification of judicial officers and related expenses. This bill would, effective January 1, 2074, repeal those provisions relating to judicial compensation and benefits for specified municipal courts.(2)Existing law subjects certain property to forfeiture, including controlled substances and equipment used to process controlled substances, and requires a petition of forfeiture to be filed with the superior court of the county in which a defendant has been charged with the underlying criminal offense. A person with an interest in the seized property may file a claim with that court stating their interest.This bill would specify that these petitions and claims are unlimited civil cases.(3)The bill also makes technical, conforming, and nonsubstantive changes to various provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate June 12, 2023
Amended IN Senate June 12, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1757
Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas)March 02, 2023
Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas)
March 02, 2023
An act to amend Section 6092.5 of the Business and Professions Code, to amend Sections 811.9, 990.2, 26529, 27647, 53214.5, 68111, and 69894.3 of, to amend and repeal Section 77210 of, to add Sections 73643, 73953, 74146, 74343, and 74743 to, to repeal Sections 26524 and 27648 of, to repeal Article 9 (commencing with Section 73640), Article 16 (commencing with Section 73950), Article 20 (commencing with Section 74130), Article 25 (commencing with Section 74340), and Article 30 (commencing with Section 74740) of Chapter 10 of Title 8 of, and to repeal and add Section 69894.4 of, the Government Code, to amend Sections 11488.4 and 11488.5 of the Health and Safety Code, and to amend Section 2620 of the Penal Code, relating to courts. An act to amend the heading of Part 2.53 (commencing with Section 55.55) of Division 1 of, and to add Sections 55.565 and 55.566 to, the Civil Code, relating to accessibility.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1757, as amended, Committee on Judiciary. Court consolidation. Accessibility: internet websites.
Existing law imposes liability upon a person who denies, aids or incites a denial, or makes any discrimination or distinction contrary to rights afforded by law, for actual damages suffered, exemplary damages, a civil penalty, and attorneys fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorneys fees to a person who was denied those rights.This bill would specify that statutory damages based upon the inaccessibility of an internet website under these provisions shall only be recovered against an entity, as defined, if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public. The bill would require, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, the plaintiff to prove either that they personally encountered a barrier that caused them to experience a difference in their access to, or use of, the website as compared to other users, as specified, or that they were deterred from accessing all or part of the internet website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public. The bill would specify that an internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted, as specified, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with an internet website-related accessibility standard, as defined.This bill would make it unlawful for any resource service provider, in exchange for remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard. The bill would authorize a civil action by a person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard, with remedies as prescribed. The bill would further authorize a civil action by a person or entity that pays, compensates, or contracts with a resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled, with remedies as prescribed. The bill would also authorize the Attorney General or a district attorney, county counsel, or city attorney to bring an action to obtain injunctive or declaratory relief and attorneys fees and costs. The bill would provide that a provision within a contract between a person or entity and a resource service provider that seeks to waive liability under these provisions is subject to specified provisions of the Ralph Civil Rights Act of 1976 relating to waiver of rights.(1)Existing law, upon request of any judge of the superior or municipal court, requires the district attorney to appear for and represent the court or judge if the court or judge in their official capacity is a party defendant in any action. Existing law, if requested to do so by the superior court of the county of the county counsel, or by any judge thereof, and insofar as those duties are not in conflict with, and do not interfere with, other duties, with specified exceptions, authorizes the county counsel to represent any such court or judge thereof in all matters and questions of law pertaining to any of the judges duties. Existing law specifies that if, because of a declared conflict of interest, any judge, who is otherwise entitled to representation, is required to retain their own counsel, the judge is entitled to recover from the appropriate public entity the reasonable attorneys fees, costs, and expenses as were necessarily incurred thereby.Existing law, the Government Claims Act, requires the Judicial Council to provide for representation, defense, and indemnification of judges, subordinate judicial officers, court executive officers of the superior courts, and the court. The act authorizes a county to insure any officer or attach of its superior and municipal courts against all or any part of the officer or attachs liability for injury resulting from any act or omission in the scope of the officer or attachs employment.Existing law, the State Bar Act, requires the State Bar to, among other things, notify specified individuals and entities of a lawyers involuntary enrollment as an inactive licensee and termination of that enrollment, or any suspension or disbarment, and the reinstatement to active license of a suspended or disbarred attorney.Existing law prescribes the salaries and compensation for judges and establishes the Trial Court Employment Protection and Governance Act, which, among other things, governs the authority to regulate court employee classification and compensation, labor relations, employment protection, and retirement. Existing law provides county-specific requirements with respect to the benefits and compensation of municipal court judges and organization of certain municipal courts, and requires parity of benefits between municipal court judges and superior court judges.Proposition 220, approved by voters at the June 2, 1998, statewide primary election, consolidated the superior and municipal courts, as specified. This bill would amend these provisions to conform with the unification of municipal and superior courts and would make related changes with respect to employees of superior courts in specified counties and to judicial officers and their duties, including insuring judicial officers and the representation and indemnification of judicial officers and related expenses. This bill would, effective January 1, 2074, repeal those provisions relating to judicial compensation and benefits for specified municipal courts.(2)Existing law subjects certain property to forfeiture, including controlled substances and equipment used to process controlled substances, and requires a petition of forfeiture to be filed with the superior court of the county in which a defendant has been charged with the underlying criminal offense. A person with an interest in the seized property may file a claim with that court stating their interest.This bill would specify that these petitions and claims are unlimited civil cases.(3)The bill also makes technical, conforming, and nonsubstantive changes to various provisions.
Existing law imposes liability upon a person who denies, aids or incites a denial, or makes any discrimination or distinction contrary to rights afforded by law, for actual damages suffered, exemplary damages, a civil penalty, and attorneys fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorneys fees to a person who was denied those rights.
This bill would specify that statutory damages based upon the inaccessibility of an internet website under these provisions shall only be recovered against an entity, as defined, if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public. The bill would require, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, the plaintiff to prove either that they personally encountered a barrier that caused them to experience a difference in their access to, or use of, the website as compared to other users, as specified, or that they were deterred from accessing all or part of the internet website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public. The bill would specify that an internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted, as specified, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with an internet website-related accessibility standard, as defined.
This bill would make it unlawful for any resource service provider, in exchange for remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard. The bill would authorize a civil action by a person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard, with remedies as prescribed. The bill would further authorize a civil action by a person or entity that pays, compensates, or contracts with a resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled, with remedies as prescribed. The bill would also authorize the Attorney General or a district attorney, county counsel, or city attorney to bring an action to obtain injunctive or declaratory relief and attorneys fees and costs. The bill would provide that a provision within a contract between a person or entity and a resource service provider that seeks to waive liability under these provisions is subject to specified provisions of the Ralph Civil Rights Act of 1976 relating to waiver of rights.
(1)Existing law, upon request of any judge of the superior or municipal court, requires the district attorney to appear for and represent the court or judge if the court or judge in their official capacity is a party defendant in any action. Existing law, if requested to do so by the superior court of the county of the county counsel, or by any judge thereof, and insofar as those duties are not in conflict with, and do not interfere with, other duties, with specified exceptions, authorizes the county counsel to represent any such court or judge thereof in all matters and questions of law pertaining to any of the judges duties. Existing law specifies that if, because of a declared conflict of interest, any judge, who is otherwise entitled to representation, is required to retain their own counsel, the judge is entitled to recover from the appropriate public entity the reasonable attorneys fees, costs, and expenses as were necessarily incurred thereby.
Existing law, the Government Claims Act, requires the Judicial Council to provide for representation, defense, and indemnification of judges, subordinate judicial officers, court executive officers of the superior courts, and the court. The act authorizes a county to insure any officer or attach of its superior and municipal courts against all or any part of the officer or attachs liability for injury resulting from any act or omission in the scope of the officer or attachs employment.
Existing law, the State Bar Act, requires the State Bar to, among other things, notify specified individuals and entities of a lawyers involuntary enrollment as an inactive licensee and termination of that enrollment, or any suspension or disbarment, and the reinstatement to active license of a suspended or disbarred attorney.
Existing law prescribes the salaries and compensation for judges and establishes the Trial Court Employment Protection and Governance Act, which, among other things, governs the authority to regulate court employee classification and compensation, labor relations, employment protection, and retirement. Existing law provides county-specific requirements with respect to the benefits and compensation of municipal court judges and organization of certain municipal courts, and requires parity of benefits between municipal court judges and superior court judges.
Proposition 220, approved by voters at the June 2, 1998, statewide primary election, consolidated the superior and municipal courts, as specified.
This bill would amend these provisions to conform with the unification of municipal and superior courts and would make related changes with respect to employees of superior courts in specified counties and to judicial officers and their duties, including insuring judicial officers and the representation and indemnification of judicial officers and related expenses. This bill would, effective January 1, 2074, repeal those provisions relating to judicial compensation and benefits for specified municipal courts.
(2)Existing law subjects certain property to forfeiture, including controlled substances and equipment used to process controlled substances, and requires a petition of forfeiture to be filed with the superior court of the county in which a defendant has been charged with the underlying criminal offense. A person with an interest in the seized property may file a claim with that court stating their interest.
This bill would specify that these petitions and claims are unlimited civil cases.
(3)The bill also makes technical, conforming, and nonsubstantive changes to various provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The heading of Part 2.53 (commencing with Section 55.55) of Division 1 of the Civil Code is amended to read:PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMSSEC. 2. Section 55.565 is added to the Civil Code, immediately following Section 55.56, to read:55.565. (a) Statutory damages under subdivision (a) of either Section 52 or Section 54.3 shall only be recovered against an entity based upon the inaccessibility of an internet website developed, procured, maintained, or used by that entity if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public, including any member of the public who is disabled.(b) To be entitled to statutory damages for internet website inaccessibility, a plaintiff must prove one of the following:(1) That the plaintiff personally encountered a barrier that caused the plaintiff to experience a difference in their ability to access or use the website as compared to other users such that the plaintiff was unable to acquire the same information, engage in the same interactions, or enjoy the same services with substantially equivalent ease of use, or to have the same level of privacy and independence as other users who are not disabled.(2) That the plaintiff was deterred from accessing all or part of the website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public.(c) (1) An internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted under subdivision (a) of Section 52 or 54.3, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with the internet website-related accessibility standard.(2) The presumption set forth in paragraph (1) affects the plaintiffs burden of proof. Upon the defendant establishing by a preponderance of the evidence that the internet website complies with the internet website-related accessibility standard, the plaintiff may rebut the presumption with clear and convincing evidence, showing that, notwithstanding the internet websites compliance with the standard, the elements of one of the violations set forth in subdivision (b) are established.(d) This section is not intended to do any of the following:(1) Limit the rights and remedies available to disabled persons under federal law, or any other state law.(2) Affect whether an entity is responsible under either Section 51 or 51.5 for making its premises accessible to all members of the public, including the disabled and including by means of accessing and using the entitys internet website.(3) Resolve, or otherwise address, whether an internet website that is a standalone website-only business and not associated with a business that has a physical location in California is subject to liability under Sections 51, 54, and 54.1.(e) For purposes of this section, the following definitions apply:(1) Entity means a business establishment that is open to the public, a public place, or a place of public accommodation.(2) Internet website includes all internet web-based technology, including, but not limited to, a mobile application or app that can be accessed by a mobile device.(3) Internet website-related accessibility standard means the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard for the accessibility of internet websites established by the World Wide Web Consortium (W3C) Accessibility Guidelines Working Group on June 5, 2018, or the accessibility standards for Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) in Part 1194 of Title 36 of the Code of Federal Regulations. To the extent that there is an overlap between the applicable standards for internet websites under WCAG 2.1 and standards for information or communication technology under Section 508 of the federal Rehabilitation Act of 1973, the more recent WCAG 2.1 standard shall apply. Any subsequent more stringent update, revision, or replacement to either standard adopted by any final rule of the U.S. Access Board shall apply to this section.(f) This section applies to any civil action filed on or after January 1, 2024.SEC. 3. Section 55.566 is added to the Civil Code, to read:55.566. (a) It is unlawful for any resource service provider, in exchange for money or any other form of remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard.(b) The following parties may bring a civil action pursuant to this subdivision:(1) (A) A person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard.(B) The remedies for a violation of this section pursuant to this paragraph are the remedies provided in subdivision (a) of Section 52.(2) (A) A person or entity that pays, compensates, or contracts with, the resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled.(B) A party who prevails under this paragraph shall be entitled to collect all damages, including, but not limited to, any statutory damages and attorneys fees paid by the person or entity as a result of a lawsuit against the person or entity pursuant to Sections 51, 54, and 54.1, based upon the inaccessibility of the person or entitys website, and all costs of bringing their internet website into compliance with the internet website-related accessibility standard.(c) Notwithstanding subdivision (b), the Attorney General or a district attorney, county counsel, or city attorney may bring an action under this section to obtain the following:(1) Injunctive or declaratory relief.(2) Attorneys fees and costs.(d) A provision within a contract between a person or entity and a resource service provider that seeks to waive liability under this section is subject to subdivision (c) of Section 51.7.(e) This section does not limit or alter the application of other laws, including, but not limited to, Sections 51, 54, and 54.1, or the ability of a plaintiff to bring a civil action under any other theory of the law, including, but not limited to, breach of contract, implied warranty of merchantability, or false or deceptive advertising.(f) For purposes of this section, the following terms have the following meanings:(1) Entity has the same meaning as provided in subdivision (e) of Section 55.565.(2) Internet website has the same meaning as provided in subdivision (e) of Section 55.565.(3) Internet website-related accessibility standard has the same meaning as provided in subdivision (e) of Section 55.565.(4) Resource service provider means a person or entity that, in exchange for money or any other form of remuneration, constructs, licenses, distributes, or maintains for online use any internet website or resource to be used within or in conjunction with an internet website.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The heading of Part 2.53 (commencing with Section 55.55) of Division 1 of the Civil Code is amended to read:PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS
SECTION 1. The heading of Part 2.53 (commencing with Section 55.55) of Division 1 of the Civil Code is amended to read:
### SECTION 1.
PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS
PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS
PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS
PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS
SEC. 2. Section 55.565 is added to the Civil Code, immediately following Section 55.56, to read:55.565. (a) Statutory damages under subdivision (a) of either Section 52 or Section 54.3 shall only be recovered against an entity based upon the inaccessibility of an internet website developed, procured, maintained, or used by that entity if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public, including any member of the public who is disabled.(b) To be entitled to statutory damages for internet website inaccessibility, a plaintiff must prove one of the following:(1) That the plaintiff personally encountered a barrier that caused the plaintiff to experience a difference in their ability to access or use the website as compared to other users such that the plaintiff was unable to acquire the same information, engage in the same interactions, or enjoy the same services with substantially equivalent ease of use, or to have the same level of privacy and independence as other users who are not disabled.(2) That the plaintiff was deterred from accessing all or part of the website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public.(c) (1) An internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted under subdivision (a) of Section 52 or 54.3, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with the internet website-related accessibility standard.(2) The presumption set forth in paragraph (1) affects the plaintiffs burden of proof. Upon the defendant establishing by a preponderance of the evidence that the internet website complies with the internet website-related accessibility standard, the plaintiff may rebut the presumption with clear and convincing evidence, showing that, notwithstanding the internet websites compliance with the standard, the elements of one of the violations set forth in subdivision (b) are established.(d) This section is not intended to do any of the following:(1) Limit the rights and remedies available to disabled persons under federal law, or any other state law.(2) Affect whether an entity is responsible under either Section 51 or 51.5 for making its premises accessible to all members of the public, including the disabled and including by means of accessing and using the entitys internet website.(3) Resolve, or otherwise address, whether an internet website that is a standalone website-only business and not associated with a business that has a physical location in California is subject to liability under Sections 51, 54, and 54.1.(e) For purposes of this section, the following definitions apply:(1) Entity means a business establishment that is open to the public, a public place, or a place of public accommodation.(2) Internet website includes all internet web-based technology, including, but not limited to, a mobile application or app that can be accessed by a mobile device.(3) Internet website-related accessibility standard means the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard for the accessibility of internet websites established by the World Wide Web Consortium (W3C) Accessibility Guidelines Working Group on June 5, 2018, or the accessibility standards for Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) in Part 1194 of Title 36 of the Code of Federal Regulations. To the extent that there is an overlap between the applicable standards for internet websites under WCAG 2.1 and standards for information or communication technology under Section 508 of the federal Rehabilitation Act of 1973, the more recent WCAG 2.1 standard shall apply. Any subsequent more stringent update, revision, or replacement to either standard adopted by any final rule of the U.S. Access Board shall apply to this section.(f) This section applies to any civil action filed on or after January 1, 2024.
SEC. 2. Section 55.565 is added to the Civil Code, immediately following Section 55.56, to read:
### SEC. 2.
55.565. (a) Statutory damages under subdivision (a) of either Section 52 or Section 54.3 shall only be recovered against an entity based upon the inaccessibility of an internet website developed, procured, maintained, or used by that entity if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public, including any member of the public who is disabled.(b) To be entitled to statutory damages for internet website inaccessibility, a plaintiff must prove one of the following:(1) That the plaintiff personally encountered a barrier that caused the plaintiff to experience a difference in their ability to access or use the website as compared to other users such that the plaintiff was unable to acquire the same information, engage in the same interactions, or enjoy the same services with substantially equivalent ease of use, or to have the same level of privacy and independence as other users who are not disabled.(2) That the plaintiff was deterred from accessing all or part of the website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public.(c) (1) An internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted under subdivision (a) of Section 52 or 54.3, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with the internet website-related accessibility standard.(2) The presumption set forth in paragraph (1) affects the plaintiffs burden of proof. Upon the defendant establishing by a preponderance of the evidence that the internet website complies with the internet website-related accessibility standard, the plaintiff may rebut the presumption with clear and convincing evidence, showing that, notwithstanding the internet websites compliance with the standard, the elements of one of the violations set forth in subdivision (b) are established.(d) This section is not intended to do any of the following:(1) Limit the rights and remedies available to disabled persons under federal law, or any other state law.(2) Affect whether an entity is responsible under either Section 51 or 51.5 for making its premises accessible to all members of the public, including the disabled and including by means of accessing and using the entitys internet website.(3) Resolve, or otherwise address, whether an internet website that is a standalone website-only business and not associated with a business that has a physical location in California is subject to liability under Sections 51, 54, and 54.1.(e) For purposes of this section, the following definitions apply:(1) Entity means a business establishment that is open to the public, a public place, or a place of public accommodation.(2) Internet website includes all internet web-based technology, including, but not limited to, a mobile application or app that can be accessed by a mobile device.(3) Internet website-related accessibility standard means the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard for the accessibility of internet websites established by the World Wide Web Consortium (W3C) Accessibility Guidelines Working Group on June 5, 2018, or the accessibility standards for Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) in Part 1194 of Title 36 of the Code of Federal Regulations. To the extent that there is an overlap between the applicable standards for internet websites under WCAG 2.1 and standards for information or communication technology under Section 508 of the federal Rehabilitation Act of 1973, the more recent WCAG 2.1 standard shall apply. Any subsequent more stringent update, revision, or replacement to either standard adopted by any final rule of the U.S. Access Board shall apply to this section.(f) This section applies to any civil action filed on or after January 1, 2024.
55.565. (a) Statutory damages under subdivision (a) of either Section 52 or Section 54.3 shall only be recovered against an entity based upon the inaccessibility of an internet website developed, procured, maintained, or used by that entity if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public, including any member of the public who is disabled.(b) To be entitled to statutory damages for internet website inaccessibility, a plaintiff must prove one of the following:(1) That the plaintiff personally encountered a barrier that caused the plaintiff to experience a difference in their ability to access or use the website as compared to other users such that the plaintiff was unable to acquire the same information, engage in the same interactions, or enjoy the same services with substantially equivalent ease of use, or to have the same level of privacy and independence as other users who are not disabled.(2) That the plaintiff was deterred from accessing all or part of the website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public.(c) (1) An internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted under subdivision (a) of Section 52 or 54.3, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with the internet website-related accessibility standard.(2) The presumption set forth in paragraph (1) affects the plaintiffs burden of proof. Upon the defendant establishing by a preponderance of the evidence that the internet website complies with the internet website-related accessibility standard, the plaintiff may rebut the presumption with clear and convincing evidence, showing that, notwithstanding the internet websites compliance with the standard, the elements of one of the violations set forth in subdivision (b) are established.(d) This section is not intended to do any of the following:(1) Limit the rights and remedies available to disabled persons under federal law, or any other state law.(2) Affect whether an entity is responsible under either Section 51 or 51.5 for making its premises accessible to all members of the public, including the disabled and including by means of accessing and using the entitys internet website.(3) Resolve, or otherwise address, whether an internet website that is a standalone website-only business and not associated with a business that has a physical location in California is subject to liability under Sections 51, 54, and 54.1.(e) For purposes of this section, the following definitions apply:(1) Entity means a business establishment that is open to the public, a public place, or a place of public accommodation.(2) Internet website includes all internet web-based technology, including, but not limited to, a mobile application or app that can be accessed by a mobile device.(3) Internet website-related accessibility standard means the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard for the accessibility of internet websites established by the World Wide Web Consortium (W3C) Accessibility Guidelines Working Group on June 5, 2018, or the accessibility standards for Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) in Part 1194 of Title 36 of the Code of Federal Regulations. To the extent that there is an overlap between the applicable standards for internet websites under WCAG 2.1 and standards for information or communication technology under Section 508 of the federal Rehabilitation Act of 1973, the more recent WCAG 2.1 standard shall apply. Any subsequent more stringent update, revision, or replacement to either standard adopted by any final rule of the U.S. Access Board shall apply to this section.(f) This section applies to any civil action filed on or after January 1, 2024.
55.565. (a) Statutory damages under subdivision (a) of either Section 52 or Section 54.3 shall only be recovered against an entity based upon the inaccessibility of an internet website developed, procured, maintained, or used by that entity if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public, including any member of the public who is disabled.(b) To be entitled to statutory damages for internet website inaccessibility, a plaintiff must prove one of the following:(1) That the plaintiff personally encountered a barrier that caused the plaintiff to experience a difference in their ability to access or use the website as compared to other users such that the plaintiff was unable to acquire the same information, engage in the same interactions, or enjoy the same services with substantially equivalent ease of use, or to have the same level of privacy and independence as other users who are not disabled.(2) That the plaintiff was deterred from accessing all or part of the website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public.(c) (1) An internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted under subdivision (a) of Section 52 or 54.3, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with the internet website-related accessibility standard.(2) The presumption set forth in paragraph (1) affects the plaintiffs burden of proof. Upon the defendant establishing by a preponderance of the evidence that the internet website complies with the internet website-related accessibility standard, the plaintiff may rebut the presumption with clear and convincing evidence, showing that, notwithstanding the internet websites compliance with the standard, the elements of one of the violations set forth in subdivision (b) are established.(d) This section is not intended to do any of the following:(1) Limit the rights and remedies available to disabled persons under federal law, or any other state law.(2) Affect whether an entity is responsible under either Section 51 or 51.5 for making its premises accessible to all members of the public, including the disabled and including by means of accessing and using the entitys internet website.(3) Resolve, or otherwise address, whether an internet website that is a standalone website-only business and not associated with a business that has a physical location in California is subject to liability under Sections 51, 54, and 54.1.(e) For purposes of this section, the following definitions apply:(1) Entity means a business establishment that is open to the public, a public place, or a place of public accommodation.(2) Internet website includes all internet web-based technology, including, but not limited to, a mobile application or app that can be accessed by a mobile device.(3) Internet website-related accessibility standard means the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard for the accessibility of internet websites established by the World Wide Web Consortium (W3C) Accessibility Guidelines Working Group on June 5, 2018, or the accessibility standards for Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) in Part 1194 of Title 36 of the Code of Federal Regulations. To the extent that there is an overlap between the applicable standards for internet websites under WCAG 2.1 and standards for information or communication technology under Section 508 of the federal Rehabilitation Act of 1973, the more recent WCAG 2.1 standard shall apply. Any subsequent more stringent update, revision, or replacement to either standard adopted by any final rule of the U.S. Access Board shall apply to this section.(f) This section applies to any civil action filed on or after January 1, 2024.
55.565. (a) Statutory damages under subdivision (a) of either Section 52 or Section 54.3 shall only be recovered against an entity based upon the inaccessibility of an internet website developed, procured, maintained, or used by that entity if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entitys goods and services to all members of the public, including any member of the public who is disabled.
(b) To be entitled to statutory damages for internet website inaccessibility, a plaintiff must prove one of the following:
(1) That the plaintiff personally encountered a barrier that caused the plaintiff to experience a difference in their ability to access or use the website as compared to other users such that the plaintiff was unable to acquire the same information, engage in the same interactions, or enjoy the same services with substantially equivalent ease of use, or to have the same level of privacy and independence as other users who are not disabled.
(2) That the plaintiff was deterred from accessing all or part of the website or the content of the website because of the websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public.
(c) (1) An internet website is presumed to provide equally effective communication for the purpose of determining whether an award of minimum statutory damages is warranted under subdivision (a) of Section 52 or 54.3, if the internet website, taking into account the variety of conforming implementations that may be used to meet the internet website-related accessibility standard, complies with the internet website-related accessibility standard.
(2) The presumption set forth in paragraph (1) affects the plaintiffs burden of proof. Upon the defendant establishing by a preponderance of the evidence that the internet website complies with the internet website-related accessibility standard, the plaintiff may rebut the presumption with clear and convincing evidence, showing that, notwithstanding the internet websites compliance with the standard, the elements of one of the violations set forth in subdivision (b) are established.
(d) This section is not intended to do any of the following:
(1) Limit the rights and remedies available to disabled persons under federal law, or any other state law.
(2) Affect whether an entity is responsible under either Section 51 or 51.5 for making its premises accessible to all members of the public, including the disabled and including by means of accessing and using the entitys internet website.
(3) Resolve, or otherwise address, whether an internet website that is a standalone website-only business and not associated with a business that has a physical location in California is subject to liability under Sections 51, 54, and 54.1.
(e) For purposes of this section, the following definitions apply:
(1) Entity means a business establishment that is open to the public, a public place, or a place of public accommodation.
(2) Internet website includes all internet web-based technology, including, but not limited to, a mobile application or app that can be accessed by a mobile device.
(3) Internet website-related accessibility standard means the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard for the accessibility of internet websites established by the World Wide Web Consortium (W3C) Accessibility Guidelines Working Group on June 5, 2018, or the accessibility standards for Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) in Part 1194 of Title 36 of the Code of Federal Regulations. To the extent that there is an overlap between the applicable standards for internet websites under WCAG 2.1 and standards for information or communication technology under Section 508 of the federal Rehabilitation Act of 1973, the more recent WCAG 2.1 standard shall apply. Any subsequent more stringent update, revision, or replacement to either standard adopted by any final rule of the U.S. Access Board shall apply to this section.
(f) This section applies to any civil action filed on or after January 1, 2024.
SEC. 3. Section 55.566 is added to the Civil Code, to read:55.566. (a) It is unlawful for any resource service provider, in exchange for money or any other form of remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard.(b) The following parties may bring a civil action pursuant to this subdivision:(1) (A) A person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard.(B) The remedies for a violation of this section pursuant to this paragraph are the remedies provided in subdivision (a) of Section 52.(2) (A) A person or entity that pays, compensates, or contracts with, the resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled.(B) A party who prevails under this paragraph shall be entitled to collect all damages, including, but not limited to, any statutory damages and attorneys fees paid by the person or entity as a result of a lawsuit against the person or entity pursuant to Sections 51, 54, and 54.1, based upon the inaccessibility of the person or entitys website, and all costs of bringing their internet website into compliance with the internet website-related accessibility standard.(c) Notwithstanding subdivision (b), the Attorney General or a district attorney, county counsel, or city attorney may bring an action under this section to obtain the following:(1) Injunctive or declaratory relief.(2) Attorneys fees and costs.(d) A provision within a contract between a person or entity and a resource service provider that seeks to waive liability under this section is subject to subdivision (c) of Section 51.7.(e) This section does not limit or alter the application of other laws, including, but not limited to, Sections 51, 54, and 54.1, or the ability of a plaintiff to bring a civil action under any other theory of the law, including, but not limited to, breach of contract, implied warranty of merchantability, or false or deceptive advertising.(f) For purposes of this section, the following terms have the following meanings:(1) Entity has the same meaning as provided in subdivision (e) of Section 55.565.(2) Internet website has the same meaning as provided in subdivision (e) of Section 55.565.(3) Internet website-related accessibility standard has the same meaning as provided in subdivision (e) of Section 55.565.(4) Resource service provider means a person or entity that, in exchange for money or any other form of remuneration, constructs, licenses, distributes, or maintains for online use any internet website or resource to be used within or in conjunction with an internet website.
SEC. 3. Section 55.566 is added to the Civil Code, to read:
### SEC. 3.
55.566. (a) It is unlawful for any resource service provider, in exchange for money or any other form of remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard.(b) The following parties may bring a civil action pursuant to this subdivision:(1) (A) A person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard.(B) The remedies for a violation of this section pursuant to this paragraph are the remedies provided in subdivision (a) of Section 52.(2) (A) A person or entity that pays, compensates, or contracts with, the resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled.(B) A party who prevails under this paragraph shall be entitled to collect all damages, including, but not limited to, any statutory damages and attorneys fees paid by the person or entity as a result of a lawsuit against the person or entity pursuant to Sections 51, 54, and 54.1, based upon the inaccessibility of the person or entitys website, and all costs of bringing their internet website into compliance with the internet website-related accessibility standard.(c) Notwithstanding subdivision (b), the Attorney General or a district attorney, county counsel, or city attorney may bring an action under this section to obtain the following:(1) Injunctive or declaratory relief.(2) Attorneys fees and costs.(d) A provision within a contract between a person or entity and a resource service provider that seeks to waive liability under this section is subject to subdivision (c) of Section 51.7.(e) This section does not limit or alter the application of other laws, including, but not limited to, Sections 51, 54, and 54.1, or the ability of a plaintiff to bring a civil action under any other theory of the law, including, but not limited to, breach of contract, implied warranty of merchantability, or false or deceptive advertising.(f) For purposes of this section, the following terms have the following meanings:(1) Entity has the same meaning as provided in subdivision (e) of Section 55.565.(2) Internet website has the same meaning as provided in subdivision (e) of Section 55.565.(3) Internet website-related accessibility standard has the same meaning as provided in subdivision (e) of Section 55.565.(4) Resource service provider means a person or entity that, in exchange for money or any other form of remuneration, constructs, licenses, distributes, or maintains for online use any internet website or resource to be used within or in conjunction with an internet website.
55.566. (a) It is unlawful for any resource service provider, in exchange for money or any other form of remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard.(b) The following parties may bring a civil action pursuant to this subdivision:(1) (A) A person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard.(B) The remedies for a violation of this section pursuant to this paragraph are the remedies provided in subdivision (a) of Section 52.(2) (A) A person or entity that pays, compensates, or contracts with, the resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled.(B) A party who prevails under this paragraph shall be entitled to collect all damages, including, but not limited to, any statutory damages and attorneys fees paid by the person or entity as a result of a lawsuit against the person or entity pursuant to Sections 51, 54, and 54.1, based upon the inaccessibility of the person or entitys website, and all costs of bringing their internet website into compliance with the internet website-related accessibility standard.(c) Notwithstanding subdivision (b), the Attorney General or a district attorney, county counsel, or city attorney may bring an action under this section to obtain the following:(1) Injunctive or declaratory relief.(2) Attorneys fees and costs.(d) A provision within a contract between a person or entity and a resource service provider that seeks to waive liability under this section is subject to subdivision (c) of Section 51.7.(e) This section does not limit or alter the application of other laws, including, but not limited to, Sections 51, 54, and 54.1, or the ability of a plaintiff to bring a civil action under any other theory of the law, including, but not limited to, breach of contract, implied warranty of merchantability, or false or deceptive advertising.(f) For purposes of this section, the following terms have the following meanings:(1) Entity has the same meaning as provided in subdivision (e) of Section 55.565.(2) Internet website has the same meaning as provided in subdivision (e) of Section 55.565.(3) Internet website-related accessibility standard has the same meaning as provided in subdivision (e) of Section 55.565.(4) Resource service provider means a person or entity that, in exchange for money or any other form of remuneration, constructs, licenses, distributes, or maintains for online use any internet website or resource to be used within or in conjunction with an internet website.
55.566. (a) It is unlawful for any resource service provider, in exchange for money or any other form of remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard.(b) The following parties may bring a civil action pursuant to this subdivision:(1) (A) A person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard.(B) The remedies for a violation of this section pursuant to this paragraph are the remedies provided in subdivision (a) of Section 52.(2) (A) A person or entity that pays, compensates, or contracts with, the resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled.(B) A party who prevails under this paragraph shall be entitled to collect all damages, including, but not limited to, any statutory damages and attorneys fees paid by the person or entity as a result of a lawsuit against the person or entity pursuant to Sections 51, 54, and 54.1, based upon the inaccessibility of the person or entitys website, and all costs of bringing their internet website into compliance with the internet website-related accessibility standard.(c) Notwithstanding subdivision (b), the Attorney General or a district attorney, county counsel, or city attorney may bring an action under this section to obtain the following:(1) Injunctive or declaratory relief.(2) Attorneys fees and costs.(d) A provision within a contract between a person or entity and a resource service provider that seeks to waive liability under this section is subject to subdivision (c) of Section 51.7.(e) This section does not limit or alter the application of other laws, including, but not limited to, Sections 51, 54, and 54.1, or the ability of a plaintiff to bring a civil action under any other theory of the law, including, but not limited to, breach of contract, implied warranty of merchantability, or false or deceptive advertising.(f) For purposes of this section, the following terms have the following meanings:(1) Entity has the same meaning as provided in subdivision (e) of Section 55.565.(2) Internet website has the same meaning as provided in subdivision (e) of Section 55.565.(3) Internet website-related accessibility standard has the same meaning as provided in subdivision (e) of Section 55.565.(4) Resource service provider means a person or entity that, in exchange for money or any other form of remuneration, constructs, licenses, distributes, or maintains for online use any internet website or resource to be used within or in conjunction with an internet website.
55.566. (a) It is unlawful for any resource service provider, in exchange for money or any other form of remuneration, to intentionally or knowingly construct, license, distribute, or maintain for online use, an internet website that fails to comply with the internet website-related accessibility standard.
(b) The following parties may bring a civil action pursuant to this subdivision:
(1) (A) A person who is unable to obtain equally effective communication or full and equal enjoyment of an internet website, the content of an internet website, or goods and services offered to the public on an internet website, as a result of the failure of an internet website to meet the internet website-related accessibility standard.
(B) The remedies for a violation of this section pursuant to this paragraph are the remedies provided in subdivision (a) of Section 52.
(2) (A) A person or entity that pays, compensates, or contracts with, the resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entitys goods and services to all members of the public, including any member of the public who is disabled.
(B) A party who prevails under this paragraph shall be entitled to collect all damages, including, but not limited to, any statutory damages and attorneys fees paid by the person or entity as a result of a lawsuit against the person or entity pursuant to Sections 51, 54, and 54.1, based upon the inaccessibility of the person or entitys website, and all costs of bringing their internet website into compliance with the internet website-related accessibility standard.
(c) Notwithstanding subdivision (b), the Attorney General or a district attorney, county counsel, or city attorney may bring an action under this section to obtain the following:
(1) Injunctive or declaratory relief.
(2) Attorneys fees and costs.
(d) A provision within a contract between a person or entity and a resource service provider that seeks to waive liability under this section is subject to subdivision (c) of Section 51.7.
(e) This section does not limit or alter the application of other laws, including, but not limited to, Sections 51, 54, and 54.1, or the ability of a plaintiff to bring a civil action under any other theory of the law, including, but not limited to, breach of contract, implied warranty of merchantability, or false or deceptive advertising.
(f) For purposes of this section, the following terms have the following meanings:
(1) Entity has the same meaning as provided in subdivision (e) of Section 55.565.
(2) Internet website has the same meaning as provided in subdivision (e) of Section 55.565.
(3) Internet website-related accessibility standard has the same meaning as provided in subdivision (e) of Section 55.565.
(4) Resource service provider means a person or entity that, in exchange for money or any other form of remuneration, constructs, licenses, distributes, or maintains for online use any internet website or resource to be used within or in conjunction with an internet website.