SB 1302 — Rights of persons with disabilities; procedures for certain actions, website accessibility.

SESSION history | hilite | pdf | print version 19104075D19105500D SENATE BILL NO.

1302 OfferedAMENDMENT JanuaryIN 9,THE 2019NATURE PrefiledOF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on January 7,30, 20192019) (Patron Prior to Substitute--Senator Barker) A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 51.5 a section numbered 51.5-46.1, relating to rights of persons with disabilities;

---------- Patron-- Barker ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:

BeforeWhen bringing a civilcomplaint actionis filed alleging that an entity's website does not comply with applicable law regarding its accessibility by persons with vision or hearing impairment, the personresponsive allegingpleading deadline in Rule 3:8 of the violationRules shallof provideSupreme writtenCourt noticeof Virginia shall be extended to 120 days after service of the entity.summons and complaint upon the defendant to give such entity an opportunity to cure any defect regarding its website's accessibility.

SuchThe noticecomplaint shall beinclude sentan byexplanation certifiedregarding mail,the returnmanner receiptin requested,which atthe leastwebsite 120fails daysto priorcomply towith filingapplicable thelaw civilregulating action,website andaccessibility shallto include:accommodate individuals with disabilities.

1.At any time before the 120-day time period has expired, the defendant may request and the court may grant a reasonable extension of time for good cause shown.

An explanation regarding the manner in which the website fails to comply with applicable law regulating website accessibility to accommodate individuals with disabilities;

and 2.

Specific alleged violations, including screen shots of the entity's website as evidence of the alleged violations.

AIf petitionthe fileddefendant forfiles a civilresponsive actionpleading basedstating on a claim that anit entity'shas websitecured doesthe notdefect complyalleged within applicablethe lawplaintiff's regardingcomplaint, itsthe accessibilitycourt byshall personshold withan visionevidentiary or hearing impairmenton shall include a copy of the noticeissue. required in subsection B and proof of service.

If the court finds that the defendant has cured the defect, it shall dismiss the action.

The court may award the plaintiff reasonable attorney fees in this circumstance.

UponAn motionentity's ofwebsite theis defendant,in thecompliance courtwith shallapplicable dismisslaw withoutregarding prejudiceits aaccessibility civilby actionpersons thatwith isvision filedor pursuanthearing toimpairment, thisuntil sectionsuch iftime that the actionfederal isgovernment filedadopts lessstandards thangoverning 120website daysaccessibility, afterif it meets the dateWeb noticeContent isAccessibility providedGuidelines pursuant2.0 toLevel subsectionAA B.as developed by the Web Accessibility Initiative.

E.2.

IfThat the entityprovisions hasof madethis aact reasonableadding effortsubsections toB cureand theC defect but has not completed the correction within 120 days of the§ notice51.5-46.1 required by subsection B or prior to the filingCode of theVirginia petition,shall theexpire courton mayJuly grant1, the2020. entity a reasonable extension of time to cure the deficiency.

If the correction is made within such extended time, the court shall dismiss the action.

F.

An entity that has cured an alleged violation shall provide a written notice of the correction to the person alleging the violation describing each correction and the manner in which the correction addresses the alleged violation.

If the entity cures the alleged website defect prior to the filing of the action and notifies the person alleging the violation of such correction and the person proceeds with filing the action, the court shall dismiss the action and award costs and reasonable attorney fees to the defendant.

G.

An entity's website is presumed to be in compliance if it meets the Web Content Accessibility Guidelines 1.0 as developed by the Web Accessibility Initiative.