15
BUSINESS NEWS & MORE
Mountain Views News Saturday, September 22, 2012
From The Arcadia Chamber of Commerce
NEW ADA LAW EASES LEGAL
THREATS
Legislation supported by your Arcadia Chamber of Commerce to
limit frivolous litigation connected with the Americans with Disabilities
Act (ADA) was signed into law by Governor Jerry Brown
Wednesday, Sept. 19. (Additional coverage of this story with references
to Arcadia Chamber here in today’s Pasadena Star-News.)
SB 1186 (Senator Bob Dutton; R-Rancho Cucamonga/Senator Darrell
Steinberg; D-Sacramento), which goes into effect immediately,
includes the following components:
¦A businesses in a location that was completed after Jan. 1, 2008,
or any business in California that has received a Certified Access
Specialist (CASp) inspection, will have 60 days to fix a noted violation
and their statutory damages may be reduced from $4,000 to
$1,000 – a 75 percent reduction.
¦Small businesses with 25 or fewer employees that have not had
a CASp inspection will have 30 days to fix a violation and can see
their statutory damages reduced from $4,000 to $2,000 – a 50 percent
reduction
¦Prohibits attorneys from including a demand for money in letters
accompanying notice of their lawsuit and requires attorneys to
send a copy of their letter to the California State Bar to be examined
for meeting the requirements of the law and not merely a ransom
demand.
¦Requires attorneys to send a copy of letters sent to businesses to
the California Commission on Disabilities (CCDA). They will be
required to compile a “Top 10” list of violations to be posted on
their website by July 1, 2013 and also a list of those attorneys and
law firms who are filing the bulk of the lawsuits.
¦Provides an avenue for local cities and counties to expand the
CASp program in their communities, to help bring local businesses
into ADA compliance and develop tools to help educate the business
community in expanding ADA access.
¦Puts into place new provisions to prevent “stacking” of multiple
claims to increase statutory damages.
California has 40% of the nation’s ADA lawsuits but only 12% of the
country’s disabled population, according to the California Chamber
of Commerce, one of many Chambers supporting the legislation
that brings relief not only to businesses but the owner of any
structure. This year the Arcadia School District, local churches, and
community organizations, including the Arcadia Chamber, were
tagged with notices about potential ADA violations of everything
from parking lot striping paint not being bright and new enough to
parking lot signs being a few inches too high or low.
Local businesses such as The Bit, Taco Treat, and Salon de Jeuneusse
were served with lawsuits citing dozens of infractions each,
such as the shelf at the take out window being too high, with attorneys
in each case telling the owner that they would drop the lawsuit
if the owner paid them anywhere from $5,000 – $10,000 or more.
Your Chamber and the City of Arcadia partnered to hold a special
informational seminar on the issue in late May and presented
a CASp specialist speaker who provided helpful tips about dealing
with these unscrupulous “drive-by” lawyers and and ways to come
into better compliance with ADA regulations to minimize liability.
ONLINE VOTER REGISTRATION
LAUNCHES IN CALIFORNIA
The Office of the Secretary of the State of California announced
it will launch the much anticipated California Online Voter Registration
by noon (PST) Friday. Online Voter Registration will
offer increased accessibility for the 6.4 million unregistered eligible
voters in California; 3 million of which reside in Los Angeles
County.
Dean Logan, Los Angeles County Registrar of Voters, will be
available to provide comment and expert insight into the impacts
of California Online Voter Registration for Los Angeles County
and California voters and elections.
Benefits of Online Voter Registration:
• Paperless online voter registration will save tax payers money by
reducing the need to process paper forms.
• Approximately 80 percent of Californians already use the internet,
making Online Voter Registration a fit for the Golden State.
• Online Voter Registration will improve the quality and accuracy
of County Voter Files. Less manual data entry means more quality
assurance and time to confirm and process paper forms.
• The convenience of online voter registration would provide for
more up to date records, which might also reduce the number of
provisional ballots cast.
• Online Voter Registration benefits the environment by reducing
waste.
• Online Voter registration will provide increased registration security
by ensuring instant delivery.
How does Online Voter Registration work?
• The online registration portal can be accessed at www.lavote.net
or at www.sos.ca.gov
• The process uses your California Driver’s License or Identification
number to match your voter registration information to
Department of Motor Vehicles records.
• The Secretary of State obtains the registrants’ signature image on
file from the DMV. This information will then be provided to the
counties and added as the official signature of record on the voter
file. The applicants’ information must match in order to complete
the registration process providing increased registration security.
• Individuals who do not have a California Driver’s License or an
Identification number can still use the online portal but will be
required to print the form, sign it and mail it back.
Successes with Online Voter Registration:
• Eleven states currently or soon will offer online voter registration,
including Arizona, North Carolina, Washington, Oregon
and Colorado. This change helped alleviate the expenses of
election cycles in many states.
• Washington State saved $176,000 in the first year of implementing
online voter registration.
GOVERNOR BROWN
SIGNS BILL TO HELP
VETS GET BACK
TO WORK ON THE
ROAD
SACRAMENTO, CA
Friday, Governor Jerry Brown signed
Assembly Bill 2659 by Assembly
Member Bob Blumenfield with the
support of the California Trucking
Association, other business groups, and
several veterans groups. The passage of
AB 2659 will make it easier for highly
qualified veterans with commercial
driving experience to get back to work
as professional truck drivers.
“Veterans of the most recent wars too
often return home to face the challenge
of prolonged unemployment that in
some cases remains double the State
overall unemployment rate,” stated 2012
CTA President Scott Blevins, President
of Manteca-based Mountain Valley
Express. “They bring valuable skills
earned over years of honorable service
and it makes sense economically for a
trucking industry that struggles with
a looming driver shortage to help get
veterans back to work.”
“It is time for California to take this
step to help our veterans move forward
as commercial drivers in a way that
utilizes the skills acquired during their
years in service and provide a greater
pool of highly qualified commercial
drivers for California’s trucking
industry,” said Blevins. “Assembly
Member Blumenfield’s leadership will
help veterans get to work and trucking
companies find great drivers.”
“We must help veterans build a
prosperous future here at home,” said
Assemblymember Bob Blumenfield
(D-San Fernando Valley). “A lack of
jobs and difficulty transferring military
training into marketable skills are some
of the biggest challenges veterans must
overcome. We have a commercial truck
driver shortage. Since many veterans
learn this skill in the military, we need
to link them with employers ready to
hire right now.”
Recent regulatory changes by
the Federal Motor Carrier Safety
Administration authorizes states to
waive the skills test if the CDL applicant
has at least two years of military
commercial driving experience in the
period immediately leading up to their
discharge from service, is applying for
the waiver within 90 days of discharge,
and is seeking a license commensurate
with their prior experience. To date
15 states have waived the skills test for
qualified veteran commercial drivers.
Military standards for authorizing an
individual to operate a commercial
motor vehicle requires more than
200 hours of classroom and vehicle
training. Military commercial drivers
already operate vehicles on California
roads and highways every day as they
move cargo in support of mission.
The California trucking industry
employs one out of every eight
California workers and moves more
than 80 percent of commerce in the
state. If you bought it, a truck brought
it.
The California Trucking Association
promotes leadership in the California
motor carrier industry, advocates sound
transportation policies to all levels of
government, and works to maintain a
safe, environmentally responsible and
efficient California transportation goods
movement system.
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