BILL ANALYSIS Ó
SB 1186
Page 1
Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1186 (Steinberg and Dutton) - As Amended: June 20, 2012
Policy Committee:
JudiciaryVote:10-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill seeks to reduce litigation related to compliance with
the state disability access laws. Specifically, this bill:
1)Prohibits an attorney or a person from issuing to a building
owner or tenant a "demand for money," defined as a written
document or oral statement that:
a) alleges one or more construction-related accessibility
violations as the basis of one or more
construction-related accessibility claims;
b) contains or makes a request for money or states or
implies that the building owner or tenant is liable for
damages or attorney's fees or both; and
c) is provided or issued without, or prior to the filing
of, a complaint in state or federal court on the basis of
one or more construction-related accessibility violations.
1)Requires a commercial property owner to state on the lease
form or rental agreement whether property being leased or
rented has been inspected by a Certified Access Specialist
(CASp).
2)Adds to the responsibilities of the Commission on Disability
Access (CDA) to review legislative measures and
recommendations to promote disability access and reduce
litigation.
3)States legislative intent to:
a) Examine federal and state disability access laws to
SB 1186
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address any conflict between those laws in
construction-related accessibility standards that may lead
to unnecessary litigation.
b) Facilitate greater compliance with accessibility laws
through education, including requiring the CDA to develop
and post on its website tools for use by businesses and
building inspectors.
c) Examine measures that would lead to greater compliance,
while reducing litigation and improving access, without
discouraging early compliance efforts and without affecting
the right to sue for uncorrected and other violations.
FISCAL EFFECT
Minor absorbable costs to CDA.
COMMENTS
1)Background . For over 40 years, persons with disabilities have
had the legal right to full and free access to roadways,
sidewalks, buildings and facilities open to the public,
hospitals and medical facilities, and housing pursuant to the
Disabled Persons Act. (Civil Code Secs. 54 and 54.1.) With
enactment in 1990 of the Americans with Disabilities Act
(ADA), the state made a violation of the ADA also a violation
of Section 54 or 54.1. In addition, persons with disabilities
have long been among the groups covered by the Unruh Civil
Rights Act entitling all persons, regardless of sex, race,
color, religion, ancestry, national origin, disability or
medical condition, to the full and equal accommodations,
advantages, facilities, privileges, or services in all
business establishments. (Civil Code Sec. 51).
SB 262 (Kuehl)/Chapter 872 of 2003, established in the
Division of the State Architect a voluntary "access specialist
certification program" to help business and property owners
comply with ADA and state access laws. Since 2003, the
Legislature has rejected numerous bills that would have placed
pre-litigation notification requirements on plaintiffs.
SB 1186
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SB 1608 (Corbett)/Chapter 549 of 2008, did not create any
pre-litigation hurdles for a person with a disability, but
focused instead on measures to improve compliance and to
quickly resolve litigation. Among other things, the bill
provided for an early evaluation of a filed complaint if,
prior to the filing of the complaint, the defendant had the
identified place of public accommodation inspected by a CASp
and the place was determined to meet applicable physical
access standards. SB 1608 also established the Commission on
Disability Access.
2)Purpose . The authors intend to address continued high rates of
noncompliance with disability access laws and continued high
numbers of demand-for-money letters and lawsuits that seek a
quick settlement but do not improve disability access, which
they contend have economically impacted small businesses. In
its current form, this bill represents the existing state of
consensus as negotiations continue among a large number of
stakeholders.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081