ADA Notification Act of 2013

Bill: 113-hr-777
Sponsor: full_name: Rep. Hunter, Duncan D. [R-CA-50]
Introduced: 2013-02-15
Policy area: Law
Subjects: Civil actions and liability

Disability and health-based discrimination

Judicial procedure and administration

Jurisdiction and venue
Latest action: action_date: 2013-04-08
text: Referred to the Subcommittee on the Constitution And Civil Justice.

Summaries:
action_date: 2013-02-15
action_desc: Introduced in House
text: <p>ADA Notification Act of 2013 - Amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a state or federal court in a civil action a plaintiff commences for remedies for disability discrimination in public accommodations and certain services provided by private entities unless: (1) the plaintiff notified the defendant in writing of the alleged violations prior to filing the complaint, (2) the notice identified the specific facts that constitute the alleged violation, (3) a remedial period of 90 days elapses after the notice, (4) the notice informed the defendant that the civil action could not be commenced for 90 days, and (5) the complaint states that the defendant has not corrected the alleged violation.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 777 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Hunter (for himself, Mr. Westmoreland , Mr. Nunes , Mr. McClintock , Mr. Bentivolio , Mr. Denham , Ms. Castor of Florida , Mr. Calvert , Mr. Rohrabacher , Mr. Salmon , Mr. Rooney , and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title III of the Americans with Disabilities Act of 1990 to require a plaintiff to provide a defendant with an opportunity to correct a violation of such title voluntarily before the plaintiff may commence a civil action, and for other purposes.

1. Short title This Act may be cited as the ADA Notification Act of 2013 . 2. Opportunity to correct alleged violation as condition on commencing civil action Section 308(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12188(a) ) is amended by adding at the end the following: (3) Opportunity to correct alleged violation (A) In general A State or Federal court shall not have jurisdiction in a civil action that a plaintiff commences under paragraph (1), or under a State law that conditions a violation of any of its provisions on a violation of this title, unless— (i) before filing a complaint alleging a violation of this title or such a State law, the plaintiff provides the defendant with a written notice of the alleged violation by registered mail; (ii) the written notice identifies the facts that constitute the alleged violation, including the location where and the date on which the alleged violation occurred; (iii) a remedial period of 90 days elapses after the date on which the plaintiff provides the written notice; (iv) the written notice informs the defendant that the plaintiff is barred from filing the complaint until the end of the remedial period; and (v) the complaint states that, as of the date on which the complaint is filed, the defendant has not corrected the alleged violation. (B) Extension of remedial period The court may extend the remedial period by not more than 30 days if the defendant applies for such an extension. .