BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1406| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1406 Author: Mendoza (D) Amended: 5/10/16 Vote: 21 SENATE JUDICIARY COMMITTEE: 7-0, 4/19/16 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski SENATE APPRORIATIONS COMMITTEE: 7-0, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen SUBJECT: Construction-related accessibility: public entities SOURCE: Rancho Santiago Community College District DIGEST: This bill requires an attorney who sends a demand letter or serves a complaint alleging a construction-related accessibility violation against specified school entities to send a copy of the complaint and notification of the results of the claim to the California Commission on Disability Access (Commission), as specified. ANALYSIS: Existing law: 1)Provides, under the Americans with Disabilities Act (ADA), SB 1406 Page 2 that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or leases to, or operates a place of public accommodation. (42 U.S.C. Sec. 12182.) 2)Declares, under the Unruh Civil Rights Act, that all persons, regardless of sex, race, color, religion, ancestry, national origin, disability or medical condition, are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever, and entitles persons to $4000 minimum statutory damages for violations of Unruh. (Civ. Code Sec. 51 et seq.) 3)Provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics and physicians' offices, public facilities, and other public places. It also provides that a violation of an individual's rights under the ADA constitutes a violation of state law. (Civ. Code Secs. 54, 54.1.) 4)Provides that a violation of the ADA also constitutes a violation of Sections 54 or 54.1, and entitles a prevailing party to recover reasonable attorney's fees. (Civ. Code Sec. 55.) 5)Prohibits a demand letter from including a request or demand for money or an offer or agreement to accept money, unless the claim involves a physical injury and special damages, and provides that a violation of this provision constitutes cause for attorney discipline. (Civ. Code Sec. 55.31.) 6)Requires, until January 1, 2019, an attorney to submit a copy of any demand letter to the Commission and the State Bar, and to submit a copy of a complaint to the Commission, and SB 1406 Page 3 subjects the attorney to possible disciplinary action for violations of this requirement. (Civ. Code Sec. 55.32.) This bill requires an attorney who sends a demand letter or serves a complaint alleging a construction-related accessibility claim against the Regents of the University of California, the Trustees of the California State University and the California State University, the California Community Colleges office of the Chancellor and the California Community Colleges, a K-12 school district, or any local education agency, to send a copy of the complaint and submit the notification of judgment, settlement, or dismissal to the Commission within five business days. Background Since 1969, persons with disabilities have enjoyed protection under Civil Code Sections 54 and 54.1, which entitle individuals with disabilities and medical conditions to full and free access to and use of roadways, sidewalks, buildings and facilities open to the public, hospitals and medical facilities, and housing. After Congress enacted the ADA in 1990, the state made a violation of the ADA also constitute a violation of Section 54 or 54.1 and of California's Unruh Civil Rights Act, either of which subject a person to actual damages incurred by an injured party, plus treble actual damages, but in no event less than $4,000. The California Legislature has taken further steps to ensure disability access laws are complied with. SB 262 (Kuehl, Chapter 872, Statutes of 2003) established in the Division of the State Architect, a voluntary "access specialist certification program" in order to assist business and property owners in complying with ADA and state access laws. Since that time, several bills have been introduced that would have precluded an action for damages for a de minimus violation, allowing only injunctive relief and attorney's fees. All of those bills failed passage in the Judiciary Committees of their respective houses. In 2012, Senators Steinberg and Dutton authored SB 1186 (Chapter 383, Statutes of 2012) which sought to comprehensively address SB 1406 Page 4 continued issues with disability litigation. SB 1186 created a number of protections for small businesses and defendants who had, prior to a claim being filed, sought out a Certified Access Specialist inspection. These protections included reduced minimum statutory damages, early evaluation conferences, and mandatory stays of court proceedings while the violations were corrected. That bill also prevented the stacking of multiple claims to increase damages, banned pre-litigation demands for money, and increased data collection regarding alleged access violations. SB 1406, seeking to better understand the number and type of construction-related accessibility claims that are being brought against public schools, requires that an attorney who sends a demand letter or serves a complaint against specified school entities also send a copy of the complaint and notification of the results of the claim to the Commission. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: Automation costs of $40,000 to $60,000 to develop and implement a digital data capture format necessary to conduct analysis of reported information. (General Fund) Estimated Commission staffing costs of approximately $150,000 for 1 PY of new staff, plus administrative support, to compile and track additional data regarding disability access complaints against public school entities. (General Fund) Cost pressures of approximately $242,000 in 2017-18 and $162,000 ongoing to move to an expanded office space to accommodate additional staff. SUPPORT: (Verified5/27/16) Rancho Santiago Community College District (source) Coast Community College District Community College League of California De Anza Community College District SB 1406 Page 5 Kings Canyon Unified School District Los Rios Community College District Orange County Community College District Orange County Community Colleges Legislative Task Force Riverside Community College District San Diego Community College District San Joaquin Delta College OPPOSITION: (Verified5/27/16) None received ARGUMENTS IN SUPPORT: The Rancho Santiago Community College District, sponsor, argues that "public entities, such as RSCCD, receive funding from the State, local tax revenue, and fees paid by the students. Therefore, the cost [of these law suits] is ultimately burdened by the classroom, students, and day-to-day teaching necessities." Prepared by:Nichole Rapier / JUD. / (916) 651-4113 5/30/16 19:25:17 **** END ****