HF 1542

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/18/2017 02:56pm

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) 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 Before
bringing a civil action under section 363A.33, an attorney representing a person who alleges
that a business establishment or place of public accommodation has violated accessibility
requirements under law must provide a notice of architectural barrier consistent with
subdivision 3. The notice of architectural barrier 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 60 days;
and

(4) comply with subdivision 3.

(b) Before bringing a civil action under section 363A.33 alleging that a business
establishment or place of public accommodation has violated accessibility requirements
under law, a person who is not represented by an attorney must provide a written notice in
any form to a business establishment or place of public accommodation of architectural
barrier that:

(1) must be dated;

(2) includes the name and address of the person;

(3) indicates the name and location of the business establishment or place of public
accommodation;

(4) describes the architectural barrier; and

(5) provides a reasonable time for a response, which may not be less than 60 days.

(c) A notice described in paragraph paragraphs (a) and (b) 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.

(d) A civil action may not be brought before expiration of the period to respond provided
in the notice under paragraph (a), clause (3), or paragraph (b), clause (5). A civil action may
be brought after the response time provided in the notice.

(e) If, within the time period provided in the notice under paragraphs (a) and (b), the
business establishment or place of public accommodation provides written notice to the
person or the attorney of the person alleging the violation that weather prevents the
architectural barrier from being removed within such time then a civil action may not be
brought until 90 days after the date of the initial notice under paragraphs (a) and (b).

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to civil actions brought under chapter 363A on or after that date.

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; or

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

(b) This section does Subdivisions 2 and 3 do not bar apply to 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 a physical injury; or

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

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to civil actions brought under chapter 363A on or after that date.