Senate Bill 1198 Summary

• Requires aggrieved persons to provide written notice with sufficient detail to covered entities before filing civil actions for disability access violations, allowing 60 days to cure for businesses with more than 15 employees or 90 days for small businesses with 15 or fewer employees.

• Prohibits aggrieved persons from demanding or collecting money before the applicable cure period ends, though they may state the entity may be civilly liable.

• Requires aggrieved persons filing civil actions to submit an affidavit under penalty of perjury affirming they have read the complaint, agree with all allegations, and have not been promised anything of value for filing.

• Eliminates civil penalties and compensatory damages awards in private civil actions brought by aggrieved persons, but allows courts to award prevailing party reasonable attorney fees for work done after the cure period.

• Reduces the maximum civil penalty for first violations from $5,000 to $2,500 when violations involve small businesses with 15 or fewer employees in cases brought by the attorney general.