PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2504
(Reference to printed bill)
Page 1, line 4, after "person" insert "; notice of alleged violation"
Between lines 26 and 27, insert:
"D. Before filing a civil action, any notice that is sent to a covered person or entity by an attorney who represents an aggrieved person and that alleges a violation of this article must include the following:
1. The date that the notice is sent.
2. The statute on which the alleged violation is based.
3. A description of each barrier that is the subject of the alleged violation and the barrier's specific location on the premises.
4. A reasonable period of time to respond to the alleged violation, which may not be less than sixty days after the notice is sent.
5. The following statement or a substantially similar statement:
This notice is to advise you of a claim that (name of covered person or entity) is in violation of the Arizonans with disabilities act for failure to remove one or more barriers limiting access to the premises by persons with disabilities.
The undersigned attorney represents (client's name or organization), who alleges that (name of the covered person or entity) is in violation of (citation of all statutes and rules that the allegation is based on) because (client's name) attempted on (date) to access (name of the covered person or entity) but was unable to or was deterred from doing so due to the following barrier that limited access by persons with disabilities (a description of each barrier that is the subject of the alleged violation and the barrier's location on the premises).
Please contact or have your attorney contact the undersigned attorney not later than (date) to provide a response or if you would like to engage in prelitigation settlement negotiations. A failure to respond to this notice may result in a civil action being filed against you.
E. If a notice is sent pursuant to subsection D of this section:
1. A civil action may not be filed before the expiration of the period of time to respond to the alleged violation that is provided in the notice.
2. The notice may not include a request or demand for money or an offer or agreement to accept money but may include an offer to engage in settlement negotiations before litigation."
Reletter to conform
Page 1, line 31, after "general" insert "; affirmative defense"
Page 2, line 36, after "to" insert "a party who provides a notice pursuant to section 41‑1492.08 and to"
Page 3, between lines 5 and 6, insert:
"H. In any civil action that is brought against a covered person or entity for a violation of this article, it is an affirmative defense if the defendant demonstrates that:
1. The barrier has been removed in a manner that complies with the accessibility requirements of this article.
2. Compliance with the accessibility requirements of this article is not readily achievable or cannot be accomplished by alternative means.
3. The alleged barrier does not violate the accessibility requirements of this article."
Reletter to conform
Line 15, strike "H" insert "I"
Amend title to conform