Disability access and information: local government: notice.
The effect of SB 748 is expected to promote greater awareness and compliance with disability access laws among business owners. By ensuring that applicants receive explicit information about their legal obligations, the bill aims to reduce instances of non-compliance and discrimination against individuals with disabilities. As a result, local governments will play a crucial role in disseminating this information, which may involve additional administrative tasks and costs. However, the bill also provides for reimbursement to local agencies for compliance costs, should they be deemed state-mandated by the Commission on State Mandates.
Senate Bill No. 748, introduced by Senator Roth, amends Section 4469 of the Government Code relating to disability access and the information required to be provided by local governments to applicants for business licenses. Specifically, the bill mandates that from January 1, 2024, local agencies must furnish applicants with a separate document alerting them to their potential liabilities under state and federal disability access laws. This document must include a clear notice regarding compliance responsibilities and how to obtain consultation regarding accessibility standards from a Certified Access Specialist (CASp).
The sentiment surrounding SB 748 appears to be generally positive, as it helps to clarify and reinforce the responsibilities of businesses to ensure equal access for individuals with disabilities. Supporters argue that clearer guidelines will help business owners understand their obligations, potentially reducing liability risks and lawsuits related to non-compliance. However, there may be some concerns regarding the administrative burden placed on local governments to implement these changes and provide the necessary information to applicants.
A notable point of contention in discussions surrounding SB 748 is the balance between ensuring compliance and the potential administrative burden on local government agencies. While many stakeholders appreciate the initiative to enhance disability access through proper notifications, some express concerns that the added requirements could strain resources, especially for smaller municipalities. The requirement of a CASp inspection, while beneficial for individual businesses, might also raise concerns about access to these specialists and the costs associated.