HF 2955

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 01:24pm

A bill for an act
relating to human rights; establishing demand letter requirements for disability
discrimination actions related to accessibility; providing for accessibility audits
or plans; appropriating money; amending Minnesota Statutes 2014, section
363A.28, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 363A.

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

Section 1.

Minnesota Statutes 2014, section 363A.28, subdivision 3, is amended to read:

Subd. 3.

For filing claim; filing options.

new text begin (a) new text end A claim of an unfair discriminatory
practice must be brought as a civil action pursuant to section 363A.33, subdivision 1, filed
in a charge with a local commission pursuant to section 363A.07, subdivision 3, or filed in
a charge with the commissioner within one year after the occurrence of the practice.

new text begin (b) new text end The running of the one-year limitation period is suspended during the time a
potential charging party and respondent are voluntarily engaged in a dispute resolution
process involving a claim of unlawful discrimination under this chapter, including
arbitration, conciliation, mediation or grievance procedures pursuant to a collective
bargaining agreement or statutory, charter, ordinance provisions for a civil service or
other employment system or a school board sexual harassment or sexual violence policy.
A potential respondent who participates in such a process with a potential charging
party before a charge is filed or a civil action is brought shall notify the department and
the charging party in writing of the participation in the process and the date the process
commenced and shall also notify the department and the charging party of the ending date
of the process. A respondent who fails to provide this notification is barred from raising
the defense that the statute of limitations has run unless one year plus a period of time
equal to the suspension period has passed.

new text begin (c) The running of the one-year limitation period is also suspended during the time
period provided for a response to a demand letter under section 363A.331, subdivision 2.
new text end

Sec. 2.

new text begin [363A.331] ACTIONS INVOLVING ARCHITECTURAL BARRIERS
THAT LIMIT ACCESSIBILITY; SPECIAL REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Accessibility requirements under law" means requirements under the following
state or federal laws governing removal of architectural barriers that limit access to public
accommodations by persons with disabilities:
new text end

new text begin (1) section 363A.11, subdivision 3, clause (4) or (5);
new text end

new text begin (2) United States Code, title 42, section 12182, paragraph (b), clause (2),
subparagraph (A), subclause (iv) or (v); or
new text end

new text begin (3) Code of Federal Regulations, title 28, section 36.304 or 36.305.
new text end

new text begin (c) "Certified accessibility specialist" means an individual who is certified under
section 326B.133, subdivision 3a, paragraph (d).
new text end

new text begin Subd. 2. new text end

new text begin Demand letter seeking removal of architectural barriers. new text end

new text begin (a) Before
bringing a civil action under section 363A.33, an attorney representing a person who
alleges that a business has violated accessibility requirements under state or federal law
must provide a demand letter to the business.
new text end

new text begin (b) The demand letter:
new text end

new text begin (1) must specify the architectural barrier that is the subject of the alleged violation;
new text end

new text begin (2) must cite the state or federal law alleged to have been violated;
new text end

new text begin (3) must provide a reasonable time for a response, which must be at least 30 days;
new text end

new text begin (4) may offer to engage in prelitigation settlement negotiations; and
new text end

new text begin (5) must not include a request or demand for money or an offer or agreement to
accept money.
new text end

new text begin Subd. 3. new text end

new text begin Prerequisite to civil action against business for failure to remove
architectural barriers. new text end

new text begin (a) A civil action must not be brought under section 363A.33
against a business for failure to remove an architectural barrier alleged to violate
accessibility requirements under state and federal law if, within the response period
provided in the demand letter, the business:
new text end

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

new text begin (2) produces a barrier removal audit report prepared by a certified accessibility
specialist or developed by a licensed, registered, or otherwise certified professional with
demonstrated knowledge of accessibility requirements under state and federal law:
new text end

new text begin (i) finding that the alleged architectural barrier does not violate accessibility
requirements under state and federal law or that compliance with accessibility
requirements is not readily achievable or cannot be accomplished by alternative means; or
new text end

new text begin (ii) containing a remedial plan, with a reasonable timetable for completion, for
removal of the architectural barrier and compliance with accessibility requirements under
state and federal law; or
new text end

new text begin (3) demonstrates that the business has scheduled a barrier removal audit to be
conducted at the earliest time that a certified accessibility specialist or other certified
professional is available and agrees to produce the audit report as soon as practicable after
it is completed and, if the report contains a remedial plan, comply with the plan.
new text end

new text begin (b) This subdivision does not bar a person from bringing an action if:
new text end

new text begin (1) the business fails to comply with a timetable for completion of a plan to remove
an architectural barrier; or
new text end

new text begin (2) the person is challenging a finding or remedial plan under paragraph (a), clause
(2) or (3).
new text end

new text begin Subd. 4. new text end

new text begin Affirmative defenses. new text end

new text begin It is an affirmative defense in a civil action against a
business for failure to remove an architectural barrier if the defendant:
new text end

new text begin (1) demonstrates that the defendant has removed the architectural barrier in a manner
that complies with accessibility requirements under state and federal law;
new text end

new text begin (2) produces a barrier removal audit report prepared by a certified accessibility
specialist or developed by a licensed, registered, or otherwise certified professional with
demonstrated knowledge of accessibility requirements under state and federal law that:
new text end

new text begin (i) contains a remedial plan, with a reasonable timetable for the completion, removal
of the architectural barrier, and compliance with accessibility requirements under state
and federal law; and
new text end

new text begin (ii) demonstrates compliance with the remedial plan; or
new text end

new text begin (3) demonstrates that compliance with accessibility requirements is not readily
achievable or cannot be accomplished by alternative means.
new text end

new text begin Subd. 5. new text end

new text begin Challenging audit. new text end

new text begin A plaintiff who challenges a finding in an audit by
a certified accessibility specialist or by another certified professional that an alleged
architectural barrier complies with accessibility requirements under state and federal law,
or that compliance is not readily achievable or alternative means cannot be employed, has
the burden to show that the architectural barrier does not comply with those accessibility
requirements or that compliance is readily achievable or can be accomplished by
alternative means.
new text end

new text begin Subd. 6. new text end

new text begin Effect on other actions. new text end

new text begin This section does not preclude a person from
filing charges under section 363A.28 or from bringing an action for damages resulting
from injury.
new text end

new text begin Subd. 7. new text end

new text begin Exemptions. new text end

new text begin (a) This section does not apply to attorneys representing, and
actions involving, the state or a political subdivision of the state.
new text end

new text begin (b) Subdivisions 2 and 3 do not apply to a person who is not represented by an
attorney.
new text end

Sec. 3. new text begin OUTREACH AND EDUCATION APPROPRIATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the Minnesota
State Council on Disability to provide outreach and education to small businesses
concerning requirements under state or federal law governing removal of architectural
barriers that limit access to public accommodations by persons with disabilities and
resources that are available to comply with those requirements.
new text end