Rights of persons with disabilities; procedures for certain actions, notice & opportunity to cure.
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SB 199 — Rights of persons with disabilities; procedures for certain actions, notice & opportunity to cure.
Last action — Referred to Committee for Courts of Justice
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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.
Bill Text
- Prefiled Senate: Prefiled and ordered printed; offered 01/10/18 18100156D Current html January 01, 2018
Action History
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/10/18 18100156D
Sponsors
- Bill DeSteph · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 199 do?
- 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.
- Who sponsors SB 199?
- SB 199 is sponsored by Bill DeSteph.
- What is the current status of SB 199?
- This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 199?
- Track SB 199 free on One Click Politics — get push/email alerts when it moves.
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