BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1406|
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                                   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),  








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            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  







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            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  







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          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







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          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


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