Session of 1999
         
SENATE BILL No. 313
         
By Committee on Judiciary
          
2-12
          
  9             AN  ACT concerning accessibility standards for public buildings; relating
10             to the Americans with disabilities act; private remedy for violations
11             thereof.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) As related to a violation of K.S.A. 58-1301 et seq. and
15       amendments thereto by a governmental entity:
16             (1) A person with a disability aggrieved by a violation of K.S.A. 58-
17       1301 through 58-1309 and amendments thereto may file a complaint with
18       the person designated to coordinate the Americans with disabilities act
19       pursuant to 28 C.F.R. §  35.107. If the violation is alleged against a city,
20       the complaint shall be filed with the city coordinator for the Americans
21       with disabilities act. If the violation is alleged against a county, the com-
22       plaint shall be filed with the county coordinator for the Americans with
23       disabilities act. If the governmental entity has not appointed such coor-
24       dinator, the complaint shall be filed with the attorney general.
25             (2) Within 30 days from the date the complaint is filed, such coor-
26       dinator or the attorney general shall investigate the facts in the complaint.
27       In the event such coordinator or the attorney general is unable to resolve
28       the complaint to the satisfaction of the complainant, the matter shall be
29       referred within 90 days from the date the complaint is filed to a mediator
30       knowledgeable about the Americans with disabilities act. Such mediator
31       shall mediate such complaint within 90 days of the date the complaint
32       was received by the mediator.
33             (3) If the complaint is not resolved with the assistance of a mediator,
34       and if the alleged violation is a substantial violation, a person with a dis-
35       ability may bring an action for an injunction or a mandatory injunction
36       and for either actual damages, including emotional distress, or a civil
37       penalty in a sum of not more than $10,000 for each violation, whichever
38       is greater.
39             (4) If the complainant prevails, the court shall award reasonable at-
40       torney fees, including those on appeal, expenses of litigation and costs.
41             (b) As related to a substantial violation of K.S.A. 58-1301 et seq. and
42       amendments thereto by a public entity:
43             (1) A person with a disability may bring an action for an injunction

SB 313

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  1       or a mandatory injunction and for either actual damages, including emo-
  2       tional distress, or a civil penalty in a sum of not more than $10,000 for
  3       each violation, whichever is greater.
  4             (2) In any such action, the court shall require a settlement conference
  5       to be held not less than 30 days before trial.
  6             (3) The settlement conference shall be conducted by the trial judge
  7       or the trial judge's designee who shall be knowledgeable about the Amer-
  8       icans with disabilities act. The attorneys who will conduct the trial, all
  9       parties and all persons with authority to settle the claim shall attend the
10       settlement conference unless excused by the court for good cause.
11             (4) Offers, admissions and statements made in conjunction with or
12       during the settlement conference shall not be admissible at trial or in any
13       subsequent action.
14             (5) If the complainant prevails, the court shall award reasonable at-
15       torney fees, including those on appeal, expenses of litigation and costs.
16        Sec.  2. This act shall take effect and be in force from and after its
17       publication in the statute book.