AMENDED IN SENIOR ASSEMBLY OCTOBER 21, 2003

AMENDED IN SENATE OCTOBER 21, 2003

SENIOR SENATE PROPOSAL NO. 3

INTRODUCED BY SENIOR SENATOR KIM-SELBY

(COAUTHOR:  SENIOR SENATOR LUBKIN)

(COAUTHORS:  SENIOR ASSEMBLY MEMBERS JONES AND KARR)

 

LEGISLATIVE COUNSEL'S DIGEST

SP 3: HOTEL SHOWER GRAB BARS.

UNDER THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, ALL HOTELS AND MOTELS THAT ARE PUBLIC ACCOMMODATIONS ARE REQUIRED TO SET ASIDE SOME ROOMS WITH GRAB BARS IN THE BATH AND SHOWER AREAS FOR THOSE WHO ARE HANDICAPPED OR OTHERWISE MOBILITY IMPAIRED.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE ALL HOTELS AND MOTELS TO COMPLY WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES CONCERNING ACCESSIBLE TRANSIENT LODGING, AND THAT WOULD REQUIRE ALL EXISTING HOTELS AND MOTELS TO PROVIDE A RUBBER MAT OR OTHER NON-SKID SURFACE IN THE TUB AND SHOWER AREAS OF ALL ROOMS IMMEDIATELY, AND TO INSTALL GRAB BARS IN THE TUB AND SHOWER AREAS AS SPECIFIED AT A RATE OF 5 PERCENT OF THE TOTAL NUMBER OF ROOMS AVAILABLE EACH YEAR, TO BE COMPLETED BY THE YEAR 2021 OR EARLIER.

VOTE:  MAJORITY.

SP 3: RELATING TO HOTEL SHOWER GRAB BARS

WHEREAS, THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990 SPECIFIES THAT A MOTEL OR HOTEL WITH 100 OR MORE GUEST ROOMS SHALL HAVE AT LEAST FIVE ACCESSIBLE ROOMS; AND

WHEREAS, DESPITE THE FEDERAL LAW, MANY EXISTING MOTELS AND HOTELS DO NOT HAVE THE REQUIRED NUMBER OF ACCESSIBLE BATHROOMS; AND

WHEREAS, THE FEDERAL CENSUS OF 2000 INDICATES THAT SENIORS AND PEOPLE WITH DISABILITIES ARE THE FASTEST GROWING POPULATIONS IN THE UNITED STATES, AND THE CALIFORNIA RESOURCE KIT FOR THE 1999 INTERNATIONAL YEAR OF OLDER PERSONS PROJECTS THAT CALIFORNIA'S POPULATION OF SENIORS WILL GROW FASTER THAN ANY OTHER AGE GROUP IN THE STATE IN THE 2000'S; AND

WHEREAS, THE AGING POPULATION IS MORE ACTIVE AND TRAVELS FOR BUSINESS AND RECREATION REASONS MORE THAN ANY PREVIOUS AGING POPULATION, NECESSITATING INCREASED TEMPORARY RESIDENCE IN MOTELS AND HOTELS; AND

WHEREAS, THE REQUIRED 5 PERCENT OF ROOMS THAT CONTAIN GRAB BARS IN THE TUB AND SHOWER AREAS IS INADEQUATE FOR THIS GROWING POPULATION; AND

WHEREAS, PERSONS WHO ARE ELDERLY OR DISABLED ARE SUBJECT TO FALLS IN TUBS AND SHOWERS THAT DO NOT HAVE GRAB BARS; AND

WHEREAS, ADDING GRAB BARS IN THE TUB AND SHOWER AREAS IN HOTEL AND MOTEL ROOMS CAN PREVENT SERIOUS INJURY THAT CAN RESULT IN COSTLY AND PROLONGED HOSPITAL STAYS, UNWANTED LAWSUITS, AND HIGHER INSURANCE COSTS FOR THE HOTEL OR MOTEL, AND CAN ENSURE THAT PERSONS WHO ARE ELDERLY OR DISABLED WILL NOT SUFFER EMOTIONAL, PHYSICAL, OR FINANCIAL HARM AS A RESULT OF THE LACK OF THESE SAFETY DEVICES; AND

WHEREAS, EXISTING HOTELS AND MOTELS SHOULD PROVIDE, IN ALL ROOMS WHERE GRAB BARS ARE NOT AVAILABLE IN THE TUB AND SHOWER AREAS, A RUBBER MAT TO PREVENT FALLS OR SLIPS UNTIL GRAB BARS ARE INSTALLED; AND

WHEREAS, NEWSLETTERS OF THE HOTEL/MOTEL ASSOCIATION ADVISE ITS MEMBERS TO INSTALL GRAB BARS IN THE TUB AND SHOWER AREAS VOLUNTARILY TO PREVENT UNWANTED LAWSUITS FROM THE OCCUPANTS OF THE HOTELS AND MOTELS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2003 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSE THAT THE AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES, CONCERNING ACCESSIBLE TRANSIENT LODGING, BE COMPLIED WITH, AND IN ORDER TO PREVENT ACCIDENTS, ALL EXISTING MOTELS AND HOTELS BE REQUIRED TO PROVIDE A RUBBER MAT OR OTHER NON-SKID SURFACE IN THE TUB AND SHOWER AREAS OF ALL ROOMS IMMEDIATELY, AND TO INSTALL GRAB BARS IN THE TUB AND SHOWER AREAS, EXCEPT AS TO ROOMS IN HISTORICAL BUILDINGS, OR WHEN THE INSTALLATION OF GRAB BARS WOULD DAMAGE STRUCTURAL INTEGRITY, AT A RATE OF 5 PERCENT OF THE TOTAL NUMBER OF ROOMS AVAILABLE EACH YEAR, TO BE COMPLETED BY THE YEAR 2021 OR EARLIER, WHEN ALL BABY BOOMERS WILL BECOME PART OF THE ELDERLY POPULATION; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.


RN0317207

- 0 -