Senator Ellen Corbett

(April 30, 2008) A California Chamber of Commerce-supported bill that will promote compliance with disability access requirements and address unwarranted litigation passed two Senate policy committees this week. 

SB 1608 (Corbett; D-San Leandro) is a comprehensive reform that increases public access for individuals with disabilities while reducing unwarranted litigation, including by encouraging the use of state-certified disability access specialists and establishing a court procedure for early judicial review of lawsuit claims.

This bipartisan comprehensive reform measure is designed to address two important goals:

• Promoting and increasing compliance with state and federal civil rights laws providing for equal access for individuals with disabilities in public accommodations; and 
• Reducing unwarranted, unnecessary litigation that does not advance the goals of disability access.

SB 1608 responds to a significant ongoing state problem — the small, but widely destructive, atypical group of plaintiffs and lawyers using the disability laws and court system to systematically extract monetary settlements from businesses rather than to improve disability access. Too often these lawsuits result in businesses closing their doors.

SB 1608 sets up a process to encourage business owners to be proactive in complying and to obtain the assistance of state-certified access specialists to determine whether buildings comply.

Principal co-author Senator Tom Harman (R-Huntington Beach)

Promoting Compliance

SB 1608 promotes compliance with disability access requirements and addresses unwarranted litigation through:

• California Disability Access Commission: Creates an independent state commission on disability access in the state of California that will serve as an advisory body and information center on disability access issues. The commission would include legislators and representatives of the disability community, building professions and building owners.  
• Increased Education and Awareness: Establishes minimum continuing education requirements for building inspectors and architects on disability access laws. In addition, demands for money issued by attorneys under the disability access laws must be accompanied by an advisory statement available in multiple languages explaining building owner/tenant obligations under the disability access laws, as well as legal options. 
• Promotes Use of State-Certified Disability Access Specialists: Encourages owners of existing buildings to voluntarily use state-certified access specialists (CASps) to ensure compliance. It also requires that new construction and new tenant improvements affecting access be inspected by building inspectors who also are CASps. The CASp program was established by 2003 legislation and is overseen by the Division of the State Architect.
• Court Procedure Encouraging Compliance: Establishes a court procedure available only for defendants who have demonstrated diligence in complying with disability access laws by hiring a CASp. Such defendants, if sued because of an alleged construction-related accessibility violation, may request a temporary stay to litigation and a conference in which the judge and the parties must meet early to evaluate the case, including the alleged violations and whether resolution is possible.

Key Votes

CalChamber policy advocate Kyla Christofferson testifies before the Senate Judiciary Committee.

SB 1608 passed the Senate Business, Professions and Economic Development Committee on April 28 and passed the Senate Judiciary Committee on April 29.

SB 1608 passed Senate Business and Professions on a unanimous vote,
9-0.

Ayes: Ridley-Thomas (D-Los Angeles), Aanestad (R-Grass Valley), Calderon (D-Montebello), Corbett (D-San Leandro), Denham (R-Merced), Florez (D-Shafter), Harman (R-Huntington Beach), Simitian (D-Palo Alto), Yee (D-San Francisco).

SB 1608 passed Senate Judiciary 4-0.

Ayes: Corbett (D-San Leandro), Harman (R-Huntington Beach), Kuehl (D-Santa Monica), Steinberg (D-Sacramento).

Staff Contact: Kyla Christoffersen

Video Library

Disability Access Compliance - SB 1608

Additional Materials

ADA Reform