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    SB-84
    Civil Rights & Liberties

    Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Requires small businesses to receive written notice of accessibility violations before facing statutory damages.
    • Grants businesses with 50 or fewer employees 120 days to fix accessibility violations before legal action.
    • Protects small businesses from statutory damages and attorney fees if violations are corrected within 120 days.
    • Prevents plaintiffs from bypassing notice requirements by filing general ADA discrimination claims.

    Summary

    A bipartisan group of California senators, led by Senator Niello, has put forward legislation modifying how construction-related accessibility claims proceed against small businesses. The measure requires plaintiffs to provide detailed written notice of alleged violations and allow 120 days for corrections before pursuing statutory damages against businesses with 50 or fewer employees.

    Under the proposal, small businesses that correct identified violations within the 120-day period would be protected from statutory damages, attorney's fees, and legal costs related to those specific issues. The bill also prevents plaintiffs from reclassifying construction-related accessibility claims as general Americans with Disabilities Act discrimination claims to bypass these notice and correction provisions.

    The legislation builds upon existing state law governing accessibility claims, which already provides certain liability protections when violations are promptly addressed. For businesses with 25 or fewer employees and annual revenues under $3.5 million, current statutes reduce potential statutory damages to $2,000 per violation if corrections occur within 30 days of receiving a complaint. The new measure extends similar protections to a broader range of small businesses while establishing more defined procedural requirements for initiating claims.

    Key Dates

    Next Step
    Referred to the Assembly Standing Committee on Judiciary
    Next Step
    Assembly Committee
    Referred to the Assembly Standing Committee on Judiciary
    Hearing has not been scheduled yet
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Senate 3rd Reading SB84 Niello et al
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass as amended
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Roger NielloR
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Jacqui IrwinD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Benjamin AllenD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Ash KalraD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    0 of 36 row(s) selected.
    Page 1 of 8
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Profile
    Roger NielloR
    Senator
    Bill Author
    Profile
    Jacqui IrwinD
    Assemblymember
    Bill Author
    Profile
    Benjamin AllenD
    Senator
    Bill Author
    Profile
    Ash KalraD
    Assemblymember
    Committee Member
    Profile
    Scott WienerD
    Senator
    Bill Author
    Profile
    Henry SternD
    Senator
    Bill Author
    Profile
    Monique LimonD
    Senator
    Bill Author
    Profile
    Rebecca Bauer-KahanD
    Assemblymember
    Committee Member
    Profile
    Bob ArchuletaD
    Senator
    Bill Author
    Profile
    Tom UmbergD
    Senator
    Bill Author
    Profile
    Susan RubioD
    Senator
    Bill Author
    Profile
    Lena GonzalezD
    Senator
    Bill Author
    Profile
    Kelly SeyartoR
    Senator
    Bill Author
    Profile
    Josh BeckerD
    Senator
    Bill Author
    Profile
    Rosilicie Ochoa BoghR
    Senator
    Bill Author
    Profile
    Isaac BryanD
    Assemblymember
    Committee Member
    Profile
    Damon ConnollyD
    Assemblymember
    Committee Member
    Profile
    Diane DixonR
    Assemblymember
    Committee Member
    Profile
    Bill EssayliR
    Assemblymember
    Committee Member
    Profile
    Blanca PachecoD
    Assemblymember
    Bill Author
    Profile
    Diane PapanD
    Assemblymember
    Committee Member
    Profile
    Kate SanchezR
    Assemblymember
    Committee Member
    Profile
    Stephanie NguyenD
    Assemblymember
    Bill Author
    Profile
    Rick ZburD
    Assemblymember
    Committee Member
    Profile
    Angelique AshbyD
    Senator
    Bill Author
    Profile
    Catherine BlakespearD
    Senator
    Bill Author
    Profile
    Steve PadillaD
    Senator
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Bill Author
    Profile
    Leticia CastilloR
    Assemblymember
    Bill Author
    Profile
    John HarabedianD
    Assemblymember
    Committee Member
    Profile
    Rhodesia RansomD
    Assemblymember
    Bill Author
    Profile
    Catherine StefaniD
    Assemblymember
    Committee Member
    Profile
    Christopher CabaldonD
    Senator
    Bill Author
    Profile
    Jerry McNerneyD
    Senator
    Bill Author
    Profile
    Sasha Renee PerezD
    Senator
    Bill Author

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    SB-585
    Disability access: construction-related accessibility claims: statutory damages: attorney’s fees and costs.
    February 2023
    Failed
    View Bill
    Showing 1 of 1 items
    Page 1 of 1

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Roger Niello
    Roger NielloR
    California State Senator
    Anna Caballero
    Anna CaballeroD
    California State Senator
    Angelique Ashby
    Angelique AshbyD
    California State Senator
    Sasha Renee Perez
    Sasha Renee PerezD
    California State Senator
    Aisha Wahab
    Aisha WahabD
    California State Senator
    Co-Authors
    Leticia Castillo
    Leticia CastilloR
    California State Assembly Member
    Benjamin Allen
    Benjamin AllenD
    California State Senator
    Jacqui Irwin
    Jacqui IrwinD
    California State Assembly Member
    Stephanie Nguyen
    Stephanie NguyenD
    California State Assembly Member
    Rosilicie Ochoa Bogh
    Rosilicie Ochoa BoghR
    California State Senator
    Blanca Pacheco
    Blanca PachecoD
    California State Assembly Member
    Rhodesia Ransom
    Rhodesia RansomD
    California State Assembly Member
    Scott Wiener
    Scott WienerD
    California State Senator
    Bob Archuleta
    Bob ArchuletaD
    California State Senator
    Josh Becker
    Josh BeckerD
    California State Senator
    Catherine Blakespear
    Catherine BlakespearD
    California State Senator
    Christopher Cabaldon
    Christopher CabaldonD
    California State Senator
    Lena Gonzalez
    Lena GonzalezD
    California State Senator
    Monique Limon
    Monique LimonD
    California State Senator
    Jerry McNerney
    Jerry McNerneyD
    California State Senator
    Steve Padilla
    Steve PadillaD
    California State Senator
    Susan Rubio
    Susan RubioD
    California State Senator
    Kelly Seyarto
    Kelly SeyartoR
    California State Senator
    Henry Stern
    Henry SternD
    California State Senator
    Tom Umberg
    Tom UmbergD
    California State Senator
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/4/2025)

    Latest Voting History

    View History
    June 4, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    342440PASS

    Key Takeaways

    • Requires small businesses to receive written notice of accessibility violations before facing statutory damages.
    • Grants businesses with 50 or fewer employees 120 days to fix accessibility violations before legal action.
    • Protects small businesses from statutory damages and attorney fees if violations are corrected within 120 days.
    • Prevents plaintiffs from bypassing notice requirements by filing general ADA discrimination claims.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Roger Niello
    Roger NielloR
    California State Senator
    Anna Caballero
    Anna CaballeroD
    California State Senator
    Angelique Ashby
    Angelique AshbyD
    California State Senator
    Sasha Renee Perez
    Sasha Renee PerezD
    California State Senator
    Aisha Wahab
    Aisha WahabD
    California State Senator
    Co-Authors
    Leticia Castillo
    Leticia CastilloR
    California State Assembly Member
    Benjamin Allen
    Benjamin AllenD
    California State Senator
    Jacqui Irwin
    Jacqui IrwinD
    California State Assembly Member
    Stephanie Nguyen
    Stephanie NguyenD
    California State Assembly Member
    Rosilicie Ochoa Bogh
    Rosilicie Ochoa BoghR
    California State Senator
    Blanca Pacheco
    Blanca PachecoD
    California State Assembly Member
    Rhodesia Ransom
    Rhodesia RansomD
    California State Assembly Member
    Scott Wiener
    Scott WienerD
    California State Senator
    Bob Archuleta
    Bob ArchuletaD
    California State Senator
    Josh Becker
    Josh BeckerD
    California State Senator
    Catherine Blakespear
    Catherine BlakespearD
    California State Senator
    Christopher Cabaldon
    Christopher CabaldonD
    California State Senator
    Lena Gonzalez
    Lena GonzalezD
    California State Senator
    Monique Limon
    Monique LimonD
    California State Senator
    Jerry McNerney
    Jerry McNerneyD
    California State Senator
    Steve Padilla
    Steve PadillaD
    California State Senator
    Susan Rubio
    Susan RubioD
    California State Senator
    Kelly Seyarto
    Kelly SeyartoR
    California State Senator
    Henry Stern
    Henry SternD
    California State Senator
    Tom Umberg
    Tom UmbergD
    California State Senator

    Summary

    A bipartisan group of California senators, led by Senator Niello, has put forward legislation modifying how construction-related accessibility claims proceed against small businesses. The measure requires plaintiffs to provide detailed written notice of alleged violations and allow 120 days for corrections before pursuing statutory damages against businesses with 50 or fewer employees.

    Under the proposal, small businesses that correct identified violations within the 120-day period would be protected from statutory damages, attorney's fees, and legal costs related to those specific issues. The bill also prevents plaintiffs from reclassifying construction-related accessibility claims as general Americans with Disabilities Act discrimination claims to bypass these notice and correction provisions.

    The legislation builds upon existing state law governing accessibility claims, which already provides certain liability protections when violations are promptly addressed. For businesses with 25 or fewer employees and annual revenues under $3.5 million, current statutes reduce potential statutory damages to $2,000 per violation if corrections occur within 30 days of receiving a complaint. The new measure extends similar protections to a broader range of small businesses while establishing more defined procedural requirements for initiating claims.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/4/2025)

    Key Dates

    Next Step
    Referred to the Assembly Standing Committee on Judiciary
    Next Step
    Assembly Committee
    Referred to the Assembly Standing Committee on Judiciary
    Hearing has not been scheduled yet
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Senate 3rd Reading SB84 Niello et al
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass as amended
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Latest Voting History

    View History
    June 4, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    342440PASS

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Roger NielloR
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Jacqui IrwinD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Benjamin AllenD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Ash KalraD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    0 of 36 row(s) selected.
    Page 1 of 8
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Profile
    Roger NielloR
    Senator
    Bill Author
    Profile
    Jacqui IrwinD
    Assemblymember
    Bill Author
    Profile
    Benjamin AllenD
    Senator
    Bill Author
    Profile
    Ash KalraD
    Assemblymember
    Committee Member
    Profile
    Scott WienerD
    Senator
    Bill Author
    Profile
    Henry SternD
    Senator
    Bill Author
    Profile
    Monique LimonD
    Senator
    Bill Author
    Profile
    Rebecca Bauer-KahanD
    Assemblymember
    Committee Member
    Profile
    Bob ArchuletaD
    Senator
    Bill Author
    Profile
    Tom UmbergD
    Senator
    Bill Author
    Profile
    Susan RubioD
    Senator
    Bill Author
    Profile
    Lena GonzalezD
    Senator
    Bill Author
    Profile
    Kelly SeyartoR
    Senator
    Bill Author
    Profile
    Josh BeckerD
    Senator
    Bill Author
    Profile
    Rosilicie Ochoa BoghR
    Senator
    Bill Author
    Profile
    Isaac BryanD
    Assemblymember
    Committee Member
    Profile
    Damon ConnollyD
    Assemblymember
    Committee Member
    Profile
    Diane DixonR
    Assemblymember
    Committee Member
    Profile
    Bill EssayliR
    Assemblymember
    Committee Member
    Profile
    Blanca PachecoD
    Assemblymember
    Bill Author
    Profile
    Diane PapanD
    Assemblymember
    Committee Member
    Profile
    Kate SanchezR
    Assemblymember
    Committee Member
    Profile
    Stephanie NguyenD
    Assemblymember
    Bill Author
    Profile
    Rick ZburD
    Assemblymember
    Committee Member
    Profile
    Angelique AshbyD
    Senator
    Bill Author
    Profile
    Catherine BlakespearD
    Senator
    Bill Author
    Profile
    Steve PadillaD
    Senator
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Bill Author
    Profile
    Leticia CastilloR
    Assemblymember
    Bill Author
    Profile
    John HarabedianD
    Assemblymember
    Committee Member
    Profile
    Rhodesia RansomD
    Assemblymember
    Bill Author
    Profile
    Catherine StefaniD
    Assemblymember
    Committee Member
    Profile
    Christopher CabaldonD
    Senator
    Bill Author
    Profile
    Jerry McNerneyD
    Senator
    Bill Author
    Profile
    Sasha Renee PerezD
    Senator
    Bill Author

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    SB-585
    Disability access: construction-related accessibility claims: statutory damages: attorney’s fees and costs.
    February 2023
    Failed
    View Bill
    Showing 1 of 1 items
    Page 1 of 1