Minnesota Legislature
HF 1542
Conference Committee Report - 90th Legislature (2017 - 2018) Posted on 05/17/2017 04:20pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 1542
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 section363A.33, subdivision 1 , filed in a charge
1.19with a local commission pursuant to section363A.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 applicable
2.7time periodprovided for in the notice under section
363A.331, subdivision 2, during which
2.8a civil action may not be brought .
2.9EFFECTIVE DATE.This section is effective the day following final enactment.
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 Before
2.14bringing a civil action under section 363A.33, a person who is an attorney or is represented
2.15by an attorney and who alleges that a business establishment or place of public
2.16accommodation has violated accessibility requirements under law must provide a notice of
2.17architectural barrier consistent with subdivision 3. The notice of architectural barrier 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 than30 60 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(c) A civil action may not be brought before expiration of the period to respond provided
2.30in the notice under paragraph (a), clause (3). Subject to paragraph (d), a civil action may
2.31be brought after the response time provided in the notice.
3.1(d) If, within the response time provided under paragraph (a), clause (3), the business
3.2establishment or place of public accommodation indicates in writing an intent to remove
3.3the barrier but can demonstrate that weather prevents a timely removal, a civil action may
3.4not be brought before 30 days after the date of the response time in the notice, provided the
3.5business establishment or place of public accommodation specifies in writing the steps that
3.6will be taken to remove the barrier and the date by which the barrier will be removed.
3.7EFFECTIVE DATE.This section is effective the day following final enactment and
3.8applies to civil actions for violations of accessibility requirements under law brought on or
3.9after that date.
3.10 Sec. 3. Minnesota Statutes 2016, section 363A.331, is amended by adding a subdivision
3.11to read:
3.12 Subd. 2a. Representation by attorney after action brought. If a person who is not
3.13represented by an attorney retains an attorney within 60 days after a civil action under
3.14section 363A.33 is brought, the attorney must provide a dated notice to the defendant that
3.15includes the items required under subdivision 2, paragraph (a), clauses (1) and (2), and the
3.16accessibility audit portion of the form under subdivision 3. The notice must include additional
3.17time for the defendant to serve an answer to the complaint or amend a previous answer to
3.18the complaint, which must be at least 60 days after the date of the notice or service of the
3.19complaint, whichever is later. If the civil action has not been filed with the court, the action
3.20must not be filed until expiration of the time provided for in the notice. The time period for
3.21serving an answer to the complaint under rule 12 of the Rules of Civil Procedure and
3.22proceedings under the complaint are stayed for the period of time specified in the notice.
3.23EFFECTIVE DATE.This section is effective the day following final enactment and
3.24applies to civil actions for violations of accessibility requirements under law brought on or
3.25after that date.
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 an attorney and is not represented by an attorney;or
3.29(2) attorneys representing the state or a political subdivision of the state.; or
3.30(b) This section does not bar a person from bringing an action if the person:
3.31(1) (3) a person who is challenging a finding contained in an audit prepared by a certified
3.32professional;.
4.1(2) has a claim for damages resulting from an injury; or
4.2(3) has filed charges pursuant to section
363A.28.
4.3(b) This section does not affect the right of a person to file a charge with the commissioner
4.4or the right of a person who has filed a charge to bring a civil action authorized under section
4.5363A.33, subdivision 1.
4.6EFFECTIVE DATE.This section is effective the day following final enactment and
4.7applies to civil actions for violations of accessibility requirements under law brought on or
4.8after that date."
4.9Delete the title and insert:
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."
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
1.19with a local commission pursuant to section
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 applicable
2.7time period
2.8a civil action may not be brought
2.9EFFECTIVE DATE.This section is effective the day following final enactment.
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)
2.12
2.13
2.14bringing a civil action under section 363A.33, a person who is an attorney or is represented
2.15by an attorney and who alleges that a business establishment or place of public
2.16accommodation has violated accessibility requirements under law must provide a notice of
2.17architectural barrier consistent with subdivision 3. The notice of architectural barrier 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
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.
2.28
2.29(c) A civil action may not be brought before expiration of the period to respond provided
2.30in the notice under paragraph (a), clause (3). Subject to paragraph (d), a civil action may
2.31be brought after the response time provided in the notice.
3.1(d) If, within the response time provided under paragraph (a), clause (3), the business
3.2establishment or place of public accommodation indicates in writing an intent to remove
3.3the barrier but can demonstrate that weather prevents a timely removal, a civil action may
3.4not be brought before 30 days after the date of the response time in the notice, provided the
3.5business establishment or place of public accommodation specifies in writing the steps that
3.6will be taken to remove the barrier and the date by which the barrier will be removed.
3.7EFFECTIVE DATE.This section is effective the day following final enactment and
3.8applies to civil actions for violations of accessibility requirements under law brought on or
3.9after that date.
3.10 Sec. 3. Minnesota Statutes 2016, section 363A.331, is amended by adding a subdivision
3.11to read:
3.12 Subd. 2a. Representation by attorney after action brought. If a person who is not
3.13represented by an attorney retains an attorney within 60 days after a civil action under
3.14section 363A.33 is brought, the attorney must provide a dated notice to the defendant that
3.15includes the items required under subdivision 2, paragraph (a), clauses (1) and (2), and the
3.16accessibility audit portion of the form under subdivision 3. The notice must include additional
3.17time for the defendant to serve an answer to the complaint or amend a previous answer to
3.18the complaint, which must be at least 60 days after the date of the notice or service of the
3.19complaint, whichever is later. If the civil action has not been filed with the court, the action
3.20must not be filed until expiration of the time provided for in the notice. The time period for
3.21serving an answer to the complaint under rule 12 of the Rules of Civil Procedure and
3.22proceedings under the complaint are stayed for the period of time specified in the notice.
3.23EFFECTIVE DATE.This section is effective the day following final enactment and
3.24applies to civil actions for violations of accessibility requirements under law brought on or
3.25after that date.
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 an attorney and is not represented by an attorney;
3.29(2) attorneys representing the state or a political subdivision of the state
3.30
3.31
3.32professional
4.1
4.2
4.3(b) This section does not affect the right of a person to file a charge with the commissioner
4.4or the right of a person who has filed a charge to bring a civil action authorized under section
4.5363A.33, subdivision 1.
4.6EFFECTIVE DATE.This section is effective the day following final enactment and
4.7applies to civil actions for violations of accessibility requirements under law brought on or
4.8after that date."
4.9Delete the title and insert:
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."