HF 1542

1st Unofficial Engrossment - 90th Legislature (2017 - 2018)

Posted on 05/09/2017 09:05 a.m.

1.1A bill for an act 1.2relating to human rights; amending notice provisions for actions involving 1.3architectural barriers;amending Minnesota Statutes 2016, section 363A.331, 1.4subdivisions 2, 5. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. Minnesota Statutes 2016, section 363A.331, subdivision 2, is amended to read: 1.7    Subd. 2. Notice of architectural barrier. (a) A notice sent before filing a civil action 1.8with the court by an attorney representing a person who alleges that a business establishment 1.9or place of public accommodation has violated an accessibility requirement under law new text begin Before new text end 1.10 new text begin bringing a civil action under section 363A.33, an attorney representing a person who alleges new text end 1.11 new text begin that a business establishment or place of public accommodation has violated accessibility new text end 1.12 new text begin requirements under law must provide a notice of architectural barrier consistent with new text end 1.13 new text begin subdivision 3. The notice of architectural barrier new text end must be dated and must: 1.14(1) cite the law alleged to be violated; 1.15(2) identify each architectural barrier that is the subject of an alleged violation and specify 1.16its location on the premises; 1.17(3) provide a reasonable time for a response, which may not be less than 30 new text begin 60 new text end days; 1.18and 1.19(4) comply with subdivision 3. 1.20(b) new text begin Before bringing a civil action under section 363A.33 alleging that a business new text end 1.21 new text begin establishment or place of public accommodation has violated accessibility requirements new text end 1.22 new text begin under law, a person who is not represented by an attorney must provide a written notice in new text end 2.1 new text begin any form to a business establishment or place of public accommodation of architectural new text end 2.2 new text begin barrier that: new text end 2.3 new text begin (1) must be dated; new text end 2.4 new text begin (2) includes the name and address of the person; new text end 2.5 new text begin (3) indicates the name and location of the business establishment or place of public new text end 2.6 new text begin accommodation; new text end 2.7 new text begin (4) describes the architectural barrier; and new text end 2.8 new text begin (5) provides a reasonable time for a response, which may not be less than 60 days. new text end 2.9 new text begin (c) new text end A notice described in paragraph new text begin paragraphs new text end (a) new text begin and (b) new text end must not include a request 2.10or demand for money or an offer or agreement to accept money, but may offer to engage 2.11in settlement negotiations before litigation. If a notice is sent, a civil action may not be filed 2.12before expiration of the period to respond provided in the notice. 2.13 new text begin (d) A civil action may not be brought before expiration of the period to respond provided new text end 2.14 new text begin in the notice under paragraph (a), clause (3), or paragraph (b), clause (5). A civil action may new text end 2.15 new text begin be brought after the response time provided in the notice. new text end 2.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 2.17 new text begin applies to civil actions brought under chapter 363A on or after that date. new text end 2.18    Sec. 2. Minnesota Statutes 2016, section 363A.331, subdivision 5, is amended to read: 2.19    Subd. 5. Exemptions. (a) Subdivisions 2 and 3 do not apply to: 2.20(1) a person who is not represented by an attorney; or 2.21(2) attorneys representing the state or a political subdivision of the state. 2.22(b) This section does new text begin Subdivisions 2 and 3 do new text end not bar new text begin apply to new text end a person from bringing 2.23an action if the person: 2.24(1) is challenging a finding contained in an audit prepared by a certified professional; 2.25 new text begin or new text end 2.26(2) has a claim for damages resulting from an injury; or 2.27(3) new text begin (2) new text end has filed charges pursuant to section 363A.28 new text begin with the commissioner new text end . 2.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 2.29 new text begin applies to civil actions brought under chapter 363A on or after that date. new text end