Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 366 (2020GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• creates a process to notify persons of alleged violations of the public accommodation protections of the Americans with Disabilities Act;
• addresses civil actions brought under the Americans with Disabilities Act; and
• provides a severability clause.

Every vote on this bill

Bill text

UTAH ALTERNATIVE DISPUTE PROCESS FOR ADA
COMPLAINTS ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
Todd Weiler
Cosponsors:
Sandra Hollins
Karianne Lisonbee
LONG TITLE
General Description:
This bill enacts an alternative process for alleged violations of the Americans with
Disabilities Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates a process to notify persons of alleged violations of the public
accommodation protections of the Americans with Disabilities Act;
▸ addresses civil actions brought under the Americans with Disabilities Act; and
▸ provides a severability clause.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-8-701
, Utah Code Annotated 1953
78B-8-702
, Utah Code Annotated 1953
78B-8-703
, Utah Code Annotated 1953
78B-8-704
, Utah Code Annotated 1953
78B-8-705
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-8-701
 is enacted to read:
Part 7. Utah Alternative Dispute Process for ADA Complaints Act.
 78B-8-701.
Definitions.
As used in this part:
(1) "Americans with Disabilities Act" means the public accommodation protections of
Title III of the Americans with Disabilities Act, 42 U.S.C. Secs. 12181 through 12189.
(2) "Prospective defendant" means a person that is an owner, lessor, or operator of a
public accommodation, or a designated agent of the owner, lessor, or operator for service of
process.
(3) "Prospective plaintiff" means an individual with a disability who may bring a cause
of action under the Americans with Disabilities Act, 42 U.S.C. Sec. 12188.
(4) "Public accommodation" means the same as that term is defined in 42 U.S.C. Sec.
12181.
Section 2. Section 
78B-8-702
 is enacted to read:
 78B-8-702.
Notice of a violation.
(1) Rather than file a civil action for an alleged violation of the Americans with
Disabilities Act, a prospective plaintiff may notify the prospective defendant of the alleged
violation.
(2) A prospective defendant that receives notice of an alleged violation under
Subsection (1) shall have a reasonable amount of time to remedy the alleged violation.
(3) If a prospective defendant receives notice of an alleged violation in accordance with
Subsection (1) and fails to remedy the alleged violation within a reasonable amount of time, a
prospective plaintiff may provide the prospective defendant with written notice of the alleged
violation.
(4) A written notice under Subsection (3) shall include:
(a) the name and contact information of the prospective plaintiff, and if applicable, the
prospective plaintiff's attorney;
(b) detailed information about the alleged violation of the Americans with Disabilities
Act, including:
(i) a description of the alleged violation;
(ii) the date on which the alleged violation occurred or was encountered; and
(iii) the location of the alleged violation at the place of public accommodation;
(c) a statement that the prospective defendant has 90 days after the day on which the
prospective defendant receives written notice to remedy the alleged violation;
(d) if possible, the name and contact information of an organization that can provide
the prospective defendant with an inspection, reasonably priced or free of charge, to determine
whether the public accommodation is in compliance with the Americans with Disabilities Act;
(e) a statement that the prospective defendant has 14 days after the day on which the
prospective defendant receives the written notice to respond and indicate whether the
prospective defendant will remedy the alleged violation;
(f) the amount of reasonable attorney fees and costs that the prospective defendant
owes the prospective plaintiff under Subsection (7); and
(g) an unsworn declaration stating that the prospective plaintiff provided the
prospective defendant with the notice described in Subsection (1).
(5) If a prospective plaintiff sends a written notice under Subsection (3), the
prospective defendant shall be given 90 days after the day on which the prospective defendant
receives the written notice to remedy any alleged violation in the written notice.
(6) (a) Except as provided in Subsection (6)(b), if a prospective plaintiff sends a
written notice under Subsection (3), the prospective defendant shall obtain an inspection of the
public accommodation to determine whether the place of public accommodation is in
compliance with the Americans with Disabilities Act.
(b) If the prospective defendant is unable to obtain an inspection under Subsection
(6)(a) for a reasonable price or free of charge, the prospective defendant is not required to
obtain the inspection under this section.
(c) If the prospective defendant obtains an inspection, the prospective defendant is
required to provide the prospective plaintiff with proof of an inspection but is not required to
provide the prospective plaintiff with the results of that inspection.
(7) A prospective plaintiff may demand no more than the cost of one hour of
reasonable attorney fees from the prospective defendant in the written notice described in
Subsection (4).
(8) An unsworn declaration under this section shall conform to the requirements of
Chapter 18a, Uniform Unsworn Declarations Act.
Section 3. Section 
78B-8-703
 is enacted to read:
 78B-8-703.
Final warning of a violation.
(1) A prospective plaintiff may provide a prospective defendant with a final warning of
an alleged violation of the Americans with Disabilities Act if the prospective plaintiff provided
the prospective defendant with notice of the alleged violation in accordance with Section
78B-8-702
 and the prospective defendant failed to remedy the alleged violation within the
90-day period described in Section 
78B-8-702
.
(2) A final warning under Subsection (1) shall include:
(a) a copy of the written notice and unsworn declaration described in Section
78A-8-702
;
(b) a statement that the prospective defendant has 30 days after the day on which the
final warning is received to remedy the alleged violation;
(c) a statement that the prospective defendant must provide the prospective plaintiff
with proof that an inspection of the public accommodation has been conducted to determine
whether the public accommodation is in compliance with the Americans with Disabilities Act
and that the prospective defendant is responsible for the costs of the inspection;
(d) a statement that the prospective defendant has 14 days from the day on which the
prospective defendant receives the final warning to respond and indicate whether the
prospective defendant will remedy the alleged violation; and
(e) the amount of reasonable attorney fees and costs that the prospective defendant
owes the prospective plaintiff under Subsection (5).
(3) If a prospective plaintiff sends a final notice under Subsection (1), the prospective
defendant shall be given 30 days after the day on which the prospective defendant receives the
final warning to remedy an alleged violation.
(4) (a) If a prospective plaintiff sends a final warning under this section, the
prospective defendant shall obtain an inspection, at the prospective defendant's expense, to
determine whether the public accommodation is in compliance with the Americans with
Disabilities Act.
(b) A prospective defendant is required to provide the prospective plaintiff with proof
of the inspection described in Subsection (4)(a) but is not required to provide the prospective
plaintiff with the results of that inspection.
(5) A prospective plaintiff may demand no more than the cost of one hour of
reasonable attorney fees from the prospective defendant in the final warning described in
Subsection (2).
Section 4. Section 
78B-8-704
 is enacted to read:
 78B-8-704.
Filing a civil action.
This part does not prevent a prospective plaintiff from seeking any available remedies
for an alleged violation under the Americans with Disabilities Act.
Section 5. Section 
78B-8-705
 is enacted to read:
 78B-8-705.
Severability.
(1) If any provision of this part or the application of any part to any person or
circumstance is held invalid by a court, the remainder of this part shall be given effect without
the invalid provision or application.
(2) The provisions of this part are severable.