HF 1542

CCR-HF1542 - 90th Legislature (2017 - 2018)

Posted on 05/17/2017 04:20 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 1542 1.2A bill for an act 1.3relating to human rights; amending notice provisions for actions involving 1.4architectural barriers;amending Minnesota Statutes 2016, section 363A.331, 1.5subdivisions 2, 5. 1.6May 17, 2017 1.7The Honorable Kurt L. Daudt 1.8Speaker of the House of Representatives 1.9The Honorable Michelle L. Fischbach 1.10President of the Senate 1.11We, the undersigned conferees for H. F. No. 1542 report that we have agreed upon the 1.12items in dispute and recommend as follows: 1.13That the Senate recede from its amendment and that H. F. No. 1542 be further amended 1.14as follows: 1.15Delete everything after the enacting clause and insert: 1.16    "Section 1. Minnesota Statutes 2016, section 363A.28, subdivision 3, is amended to read: 1.17    Subd. 3. For filing claim; filing options. (a) A claim of an unfair discriminatory practice 1.18must be brought as a civil action pursuant to section 363A.33, subdivision 1, filed in a charge 1.19with a local commission pursuant to section 363A.07, subdivision 3, or filed in a charge 1.20with the commissioner within one year after the occurrence of the practice. 1.21(b) The running of the one-year limitation period is suspended during the time a potential 1.22charging party and respondent are voluntarily engaged in a dispute resolution process 1.23involving a claim of unlawful discrimination under this chapter, including arbitration, 1.24conciliation, mediation or grievance procedures pursuant to a collective bargaining agreement 1.25or statutory, charter, ordinance provisions for a civil service or other employment system 1.26or a school board sexual harassment or sexual violence policy. A potential respondent who 1.27participates in such a process with a potential charging party before a charge is filed or a 2.1civil action is brought shall notify the department and the charging party in writing of the 2.2participation in the process and the date the process commenced and shall also notify the 2.3department and the charging party of the ending date of the process. A respondent who fails 2.4to provide this notification is barred from raising the defense that the statute of limitations 2.5has run unless one year plus a period of time equal to the suspension period has passed. 2.6(c) The running of the one-year limitation period is suspended during the new text begin applicable new text end 2.7time period provided for in the notice under section 363A.331, subdivision 2 new text begin , during which new text end 2.8 new text begin a civil action may not be brought new text end . 2.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.10    Sec. 2. Minnesota Statutes 2016, section 363A.331, subdivision 2, is amended to read: 2.11    Subd. 2. Notice of architectural barrier. (a) A notice sent before filing a civil action 2.12with the court by an attorney representing a person who alleges that a business establishment 2.13or place of public accommodation has violated an accessibility requirement under law new text begin Before new text end 2.14 new text begin bringing a civil action under section 363A.33, a person who is an attorney or is represented new text end 2.15 new text begin by an attorney and who alleges that a business establishment or place of public new text end 2.16 new text begin accommodation has violated accessibility requirements under law must provide a notice of new text end 2.17 new text begin architectural barrier consistent with subdivision 3. The notice of architectural barrier new text end must 2.18be dated and must: 2.19(1) cite the law alleged to be violated; 2.20(2) identify each architectural barrier that is the subject of an alleged violation and specify 2.21its location on the premises; 2.22(3) provide a reasonable time for a response, which may not be less than 30 new text begin 60 new text end days; 2.23and 2.24(4) comply with subdivision 3. 2.25(b) A notice described in paragraph (a) must not include a request or demand for money 2.26or an offer or agreement to accept money, but may offer to engage in settlement negotiations 2.27before litigation. If a notice is sent, a civil action may not be filed before expiration of the 2.28period to respond provided in the notice. 2.29 new text begin (c) A civil action may not be brought before expiration of the period to respond provided new text end 2.30 new text begin in the notice under paragraph (a), clause (3). Subject to paragraph (d), a civil action may new text end 2.31 new text begin be brought after the response time provided in the notice. new text end 3.1 new text begin (d) If, within the response time provided under paragraph (a), clause (3), the business new text end 3.2 new text begin establishment or place of public accommodation indicates in writing an intent to remove new text end 3.3 new text begin the barrier but can demonstrate that weather prevents a timely removal, a civil action may new text end 3.4 new text begin not be brought before 30 days after the date of the response time in the notice, provided the new text end 3.5 new text begin business establishment or place of public accommodation specifies in writing the steps that new text end 3.6 new text begin will be taken to remove the barrier and the date by which the barrier will be removed. new text end 3.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 3.8 new text begin applies to civil actions for violations of accessibility requirements under law brought on or new text end 3.9 new text begin after that date. new text end 3.10    Sec. 3. Minnesota Statutes 2016, section 363A.331, is amended by adding a subdivision 3.11to read: 3.12     new text begin Subd. 2a. new text end new text begin Representation by attorney after action brought. new text end new text begin If a person who is not new text end 3.13 new text begin represented by an attorney retains an attorney within 60 days after a civil action under new text end 3.14 new text begin section 363A.33 is brought, the attorney must provide a dated notice to the defendant that new text end 3.15 new text begin includes the items required under subdivision 2, paragraph (a), clauses (1) and (2), and the new text end 3.16 new text begin accessibility audit portion of the form under subdivision 3. The notice must include additional new text end 3.17 new text begin time for the defendant to serve an answer to the complaint or amend a previous answer to new text end 3.18 new text begin the complaint, which must be at least 60 days after the date of the notice or service of the new text end 3.19 new text begin complaint, whichever is later. If the civil action has not been filed with the court, the action new text end 3.20 new text begin must not be filed until expiration of the time provided for in the notice. The time period for new text end 3.21 new text begin serving an answer to the complaint under rule 12 of the Rules of Civil Procedure and new text end 3.22 new text begin proceedings under the complaint are stayed for the period of time specified in the notice. new text end 3.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 3.24 new text begin applies to civil actions for violations of accessibility requirements under law brought on or new text end 3.25 new text begin after that date. new text end 3.26    Sec. 4. Minnesota Statutes 2016, section 363A.331, subdivision 5, is amended to read: 3.27    Subd. 5. Exemptions. (a) Subdivisions 2 and 3 do not apply to: 3.28(1) a person who is not new text begin an attorney and is not new text end represented by an attorney; or 3.29(2) attorneys representing the state or a political subdivision of the state. new text begin ; or new text end 3.30(b) This section does not bar a person from bringing an action if the person: 3.31(1) new text begin (3) a person who new text end is challenging a finding contained in an audit prepared by a certified 3.32professional; new text begin . new text end 4.1(2) has a claim for damages resulting from an injury; or 4.2(3) has filed charges pursuant to section . 4.3 new text begin (b) This section does not affect the right of a person to file a charge with the commissioner new text end 4.4 new text begin or the right of a person who has filed a charge to bring a civil action authorized under section new text end 4.5 new text begin 363A.33, subdivision 1. new text end 4.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 4.7 new text begin applies to civil actions for violations of accessibility requirements under law brought on or new text end 4.8 new text begin after that date. new text end " 4.9Delete the title and insert: 4.10"A bill for an act 4.11relating to human rights; changing provisions for actions involving architectural 4.12barriers;amending Minnesota Statutes 2016, sections 363A.28, subdivision 3; 4.13363A.331, subdivisions 2, 5, by adding a subdivision." 5.1 We request the adoption of this report and repassage of the bill. 5.2 House Conferees: 5.3 ..... ..... 5.4 Dennis Smith Chris Swedzinski 5.5 ..... 5.6 Peter Fischer 5.7 Senate Conferees: 5.8 ..... ..... 5.9 Jerry Relph Rich Draheim 5.10 ..... 5.11 Nick A. Frentz