The bill amends the Persons with Disabilities Civil Rights Act by updating Section 606 and adding a new Section 606a. It allows individuals alleging violations of the act or other accessibility laws to file civil actions for injunctive relief or damages. The bill specifies that such actions can be brought in the circuit court of the county where the violation occurred or where the defendant resides. It also clarifies the definition of "damages" to include reasonable attorney fees, and it establishes that a person with a disability must notify the responsible party of the need for accommodation before filing a civil action. Additionally, it introduces a requirement for individuals to serve a notice of alleged violations before initiating legal proceedings, outlining the necessary responses from the facility owner or responsible person.

The new Section 606a details the process for notifying facility owners of alleged accessibility violations, including the format of the notice and the timeline for responses. It stipulates that the owner has 15 business days to respond, and if they acknowledge the violation, they must remedy it within 120 days. The bill also provides conditions under which a person alleging a violation may not be entitled to attorney fees, particularly if the facility owner makes the necessary improvements within the specified time frame. Overall, the amendments aim to streamline the process for addressing accessibility violations while ensuring that individuals with disabilities have a clear path to seek redress.

Statutes affected:
House Introduced Bill: 37.1606