Rights of persons with disabilities; procedures for certain actions, notice & opportunity to cure. (SB199)

Introduced By

Sen. Bill DeSteph (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Rights of persons with disabilities; procedures for certain actions; notice and opportunity to cure. Provides that before bringing a civil action based on the failure to remove an architectural barrier, as defined in the bill, to access into an existing public accommodation, the aggrieved person shall provide to the owners or operators a written notice that (i) provides the name of the individual alleging a failure to remove the architectural barrier; (ii) provides the date, place, and manner in which the aggrieved person discovered the alleged violation; (iii) cites the law alleged to be violated; (iv) identifies each architectural barrier that is the subject of an alleged violation and specifies its location on the premises; and (v) provides a reasonable period for response, which shall not be less than 60 days after receipt of notice. The bill prohibits the aggrieved person from including in the notice a request or demand for money or an offer or agreement to accept money but provides that such notice may offer to engage in settlement negotiations before litigation. The owner or operator may submit to the aggrieved person within the time period either a notice of the correction describing each correction and the manner in which the correction addresses the alleged violation or a notice of explanation if the owner or operator concludes that an alleged violation has not occurred and that a correction is not necessary. The bill defines "aggrieved person" as a person with a disability who patronized or attempted to patronize a public accommodation, encountered a barrier to his access to the public accommodation, and experienced denial of access to the public accommodation based on his disability. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/01/2018Prefiled and ordered printed; offered 01/10/18 18100156D
01/01/2018Referred to Committee for Courts of Justice
01/24/2018Failed to report (defeated) in Courts of Justice (5-Y 10-N) (see vote tally)