HF 1542

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2017 11:47am

A bill for an act
relating to human rights; amending notice provisions for actions involving
architectural barriers; amending Minnesota Statutes 2016, section 363A.331,
subdivisions 2, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 363A.331, subdivision 2, is amended to read:

Subd. 2.

Notice of architectural barrier.

(a) deleted text begin A notice sent before filing a civil action
with the court by an attorney representing a person who alleges that a business establishment
or place of public accommodation has violated an accessibility requirement under law deleted text end new text begin Before
bringing a civil action under section 363A.33, an attorney representing a person who alleges
that an entity required to comply with section 363A.11, subdivision 3, has violated
accessibility requirements under state law must provide a notice of architectural barrier
consistent with subdivision 3. The notice of architectural barrier new text end must be dated and must:

(1) cite the law alleged to be violated;

(2) identify each architectural barrier that is the subject of an alleged violation and specify
its location on the premises;

(3) provide a reasonable time for a response, which may not be less than 30 days; and

(4) comply with subdivision 3.

(b) A notice described in paragraph (a) must not include a request or demand for money
or an offer or agreement to accept money, but may offer to engage in settlement negotiations
before litigation. If a notice is sent, a civil action may not be filed before expiration of the
period to respond provided in the notice.

new text begin (c) A civil action may not be filed before expiration of the period to respond provided
in the notice. A civil action may not be filed or pursued by a plaintiff if, within the response
time provided in the notice of architectural barrier, the entity required to comply with section
363A.11, subdivision 3:
new text end

new text begin (1) removes the architectural barrier in a manner that complies with accessibility
requirements under law and provides reasonable proof of the removal to the attorney
representing the person alleging the violation; or
new text end

new text begin (2) produces an accessibility audit prepared by a certified professional finding that the
alleged architectural barrier does not violate accessibility requirements under the law or
that compliance with accessibility requirements under law is not readily achievable or cannot
be accomplished by alternative means.
new text end

new text begin (d) If within the response time provided in the notice of architectural barrier, a defendant
produces an accessibility audit prepared by a certified professional containing a remedial
plan with a reasonable timetable for completion, a civil action may not be filed or pursued
by a plaintiff within 120 days of the defendant providing the accessibility audit.
new text end

new text begin (e) A person who is not represented by an attorney may, but is not required to, send a
notice of architectural barrier. A person who elects to send a notice of architectural barrier
under this section must comply with the requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to civil
actions brought under Minnesota Statutes, chapter 363A, on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 363A.331, subdivision 5, is amended to read:

Subd. 5.

Exemptions.

(a) Subdivisions 2 and 3 do not apply to:

(1) a person who is not represented by an attorney new text begin unless a person chooses to send a
notice of architectural barrier as provided in subdivision 2, paragraph (c) new text end ; or

(2) attorneys representing the state or a political subdivision of the state.

(b) This section does not bar a person from bringing an action if the person:

(1) is challenging a finding contained in an audit prepared by a certified professional;

(2) has a claim for damages resulting from an injury; or

(3) has filed charges pursuant to section 363A.28.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to civil
actions brought under Minnesota Statutes, chapter 363A, on or after that date.
new text end