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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