PRINTER'S NO. 1296
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1015
Session of
2023
INTRODUCED BY PENNYCUICK, DUSH, CAPPELLETTI AND CULVER,
DECEMBER 18, 2023
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, DECEMBER 18, 2023
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"An act prohibiting certain practices of discrimination
because of race, color, religious creed, ancestry, age or
national origin by employers, employment agencies, labor
organizations and others as herein defined; creating the
Pennsylvania Human Relations Commission in the Governor's
Office; defining its functions, powers and duties; providing
for procedure and enforcement; providing for formulation of
an educational program to prevent prejudice; providing for
judicial review and enforcement and imposing penalties,"
providing for notice of website accessibility barrier.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of October 27, 1955 (P.L.744, No.222),
known as the Pennsylvania Human Relations Act, is amended by
adding a section to read:
Section 5.4. Notice of Website Accessibility Barrier.--(a)
Prior to initiating a civil action under this act, a person who
is an attorney or is represented by an attorney and who alleges
that an entity has violated accessibility requirements under
this act must provide a notice of website accessibility barrier
to the owner, administrator or webmaster of the website. The
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notice of website accessibility barrier must be dated and must:
(1) cite the law alleged to be violated;
(2) identify each website accessibility barrier that is the
subject of an alleged violation and specify the location of the
accessibility barrier on the website; and
(3) provide a reasonable time for a response, which may not
be less than sixty days.
(b) The notice described under subsection (a) may not
include a request or demand for money or an offer or agreement
to accept money, but may offer to engage in settlement
negotiations prior to litigation.
(c) A civil action may not be brought prior to expiration of
the period to respond provided in the notice under subsection
(a)(3).
(d) If a person who is not represented by an attorney
retains an attorney within sixty days after a civil action is
brought, the attorney must provide a dated notice to the
defendant that includes the items required under subsection (a)
(1) and (2). The notice must include additional time for the
defendant to serve an answer to the complaint or amend a
previous answer to the complaint, which must be at least sixty
days after the date of the notice or service of the complaint,
whichever is later. If the civil action has not been filed with
the court, the action must not be filed until expiration of the
time provided for in the notice. The time period for serving an
answer to the complaint under the Pennsylvania Rules of Civil
Procedure and proceedings under the complaint are stayed for the
period of time specified in the notice.
(e) In a civil action brought against an entity for
violation of website accessibility requirements, the defendant
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has an affirmative defense to the action if the defendant
demonstrates that:
(1) the website accessibility barrier has been removed in a
manner that complies with accessibility requirements under law;
(2) compliance with the accessibility requirements under law
is not readily achievable or cannot be accomplished by
alternative means; or
(3) the alleged website accessibility barrier does not
violate accessibility requirements under law.
(f) In a civil action brought against an entity for
violation of accessibility requirements under law, a plaintiff
challenging a finding in an audit, performed by a certified
professional, that an alleged website accessibility barrier
complies with accessibility requirements under law, or that
compliance is not readily achievable or alternative means cannot
be employed, has the burden to show that the website
accessibility barrier does not comply with those accessibility
requirements or that compliance is readily achievable or can be
accomplished by alternative means.
(g) Subsection (a) does not apply to:
(1) a person who is not an attorney and is not represented
by an attorney;
(2) an attorney representing the Commonwealth or a political
subdivision of the Commonwealth; or
(3) a person who is challenging a finding contained in an
audit prepared by a certified professional.
(h) Nothing in this section shall be construed to affect the
right of a person to file a charge with the Commission or the
right of a person who has filed a charge to bring a civil action
authorized under this act.
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(i) An action under this section may not be brought against
an entity if that entity sufficiently cures the website
accessibility barriers under subsection (a)(3). An entity may
recover attorney fees and costs from the plaintiff if the entity
shows that the plaintiff knew the website accessibility barriers
had been cured under subsection (a)(3) prior to initiation of a
civil action under this section.
(j) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Accessibility requirements under law" shall mean
requirements governing removal of electronic barriers that limit
access to public websites by persons with disabilities under the
following laws or rules:
(1) this act;
(2) 42 U.S.C. ยง 12182(b)(2)(A)(iv) or (v) (relating to
prohibition of discrimination by public accommodations); or
(3) 28 CFR 36.304 (relating to removal of barriers) or
36.305 (relating to alternatives to barrier removal).
"Certified professional" shall mean a licensed, registered or
otherwise certified professional with demonstrated knowledge of
accessibility requirements under law.
"Entity" shall mean a business establishment or place of
public accommodation in this Commonwealth.
Section 2. This act shall take effect in 60 days.
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