HF 1542

1st Unofficial Engrossment - 90th Legislature (2017 - 2018) Posted on 05/09/2017 09:05am

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 Before
1.10bringing a civil action under section 363A.33, an attorney representing a person who alleges
1.11that a business establishment or place of public accommodation has violated accessibility
1.12requirements under law must provide a notice of architectural barrier consistent with
1.13subdivision 3. The notice of architectural barrier 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 60 days;
1.18and
1.19(4) comply with subdivision 3.
1.20(b) Before bringing a civil action under section 363A.33 alleging that a business
1.21establishment or place of public accommodation has violated accessibility requirements
1.22under law, a person who is not represented by an attorney must provide a written notice in
2.1any form to a business establishment or place of public accommodation of architectural
2.2barrier that:
2.3(1) must be dated;
2.4(2) includes the name and address of the person;
2.5(3) indicates the name and location of the business establishment or place of public
2.6accommodation;
2.7(4) describes the architectural barrier; and
2.8(5) provides a reasonable time for a response, which may not be less than 60 days.
2.9(c) A notice described in paragraph paragraphs (a) and (b) 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(d) A civil action may not be brought before expiration of the period to respond provided
2.14in the notice under paragraph (a), clause (3), or paragraph (b), clause (5). A civil action may
2.15be brought after the response time provided in the notice.
2.16EFFECTIVE DATE.This section is effective the day following final enactment and
2.17applies to civil actions brought under chapter 363A on or after that date.

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 Subdivisions 2 and 3 do not bar apply to 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;
2.25or
2.26(2) has a claim for damages resulting from an injury; or
2.27(3) (2) has filed charges pursuant to section 363A.28 with the commissioner.
2.28EFFECTIVE DATE.This section is effective the day following final enactment and
2.29applies to civil actions brought under chapter 363A on or after that date.