SF 2584

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/12/2016 08:20am

A bill for an act
relating to human rights; establishing requirements for disability discrimination
claims related to architectural barriers; requiring certain notices in building
inspection reports; amending Minnesota Statutes 2014, sections 326B.16, by
adding a subdivision; 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 326B.16, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Notice of scope of compliance assessment. new text end

new text begin If compliance with
accessibility requirements under law, as defined in section 363A.331, subdivision 1, is
not included as part of a state or local building inspection report issued to a place of
public accommodation, the report must:
new text end

new text begin (1) inform the recipient that the report does not contain an assessment of compliance
with those requirements; and
new text end

new text begin (2) refer the recipient to the Web site of the State Council on Disability for
information and resources regarding accessibility requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 2.

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 suspended during the time period
provided for in the notice under section 363A.331, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [363A.331] ACTIONS INVOLVING ARCHITECTURAL BARRIERS
THAT LIMIT ACCESSIBILITY.
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 governing removal
of architectural barriers that limit access to public accommodations by persons with
disabilities under the following laws or rules:
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 professional" means:
new text end

new text begin (1) an individual who is certified under section 326B.133, subdivision 3a, paragraph
(d); or
new text end

new text begin (2) a licensed, registered, or otherwise certified professional with demonstrated
knowledge of accessibility requirements under law.
new text end

new text begin (d) "Easily accomplishable" means the types of barriers that are enumerated in Code
of Federal Regulations, title 28, section 36.304, paragraph (b).
new text end

new text begin Subd. 2. new text end

new text begin Notice of architectural barrier. new text end

new text begin (a) A notice sent before filing a civil
action with the court by an attorney representing a person who alleges that a person
required to comply with section 363A.11, subdivision 3, has violated an accessibility
requirement under law when a remedy is easily accomplishable must:
new text end

new text begin (1) specify the architectural barrier that is the subject of the alleged violation and its
location on the premises;
new text end

new text begin (2) cite the law alleged to be violated; and
new text end

new text begin (3) provide a reasonable time to respond, which must be no less than 30 days.
new text end

new text begin (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.
new text end

new text begin (c) This subdivision does not apply to:
new text end

new text begin (1) a person who is not represented by an attorney; or
new text end

new text begin (2) attorneys representing the state or a political subdivision of the state.
new text end

new text begin Subd. 3. new text end

new text begin When civil action may be filed or pursued. new text end

new text begin (a) If a notice has been sent
under subdivision 2, a civil action may not be filed or pursued by the person alleging the
violation if, within 60 days of receipt of the notice, the person required to comply with
section 363A.11, subdivision 3:
new text end

new text begin (1) produces a barrier removal audit report prepared by a certified professional
finding that the alleged architectural barrier does not violate accessibility requirements
under law or that compliance with accessibility requirements under law is not readily
achievable or cannot be accomplished by alternative means; or
new text end

new text begin (2) 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. If extenuating circumstances make it
impossible to remove the barrier within 60 days of receipt of the notice, the plaintiff and
the defendant may agree on a deadline for removal of the barrier. If the plaintiff and the
defendant cannot agree, the civil action may proceed.
new text end

new text begin (b) The plaintiff is entitled to reasonable attorney fees for the provision of the notice
and investigation of the validity of the claim.
new text end

new text begin (c) Nothing in this subdivision or subdivision 2 bars a person from bringing an
action if:
new text end

new text begin (1) a plaintiff believes a potential defendant has failed to comply with a timetable for
completion of a plan to remove an architectural barrier;
new text end

new text begin (2) a person is challenging a finding contained in an audit prepared by a certified
professional;
new text end

new text begin (3) a person has a claim for damages resulting from an injury; or
new text end

new text begin (4) a person is filing charges pursuant to section 363A.28.
new text end

new text begin Subd. 4. new text end

new text begin Affirmative defense; challenging audit. new text end

new text begin (a) In a civil action brought
against a person required to comply with section 363A.11, subdivision 3, for the failure to
remove an architectural barrier that can be removed in an easily accomplishable manner,
the defendant has an affirmative defense to the action if the defendant demonstrates that:
new text end

new text begin (1) the architectural barrier has been removed in a manner that complies with
accessibility requirements under law;
new text end

new text begin (2) compliance with the accessibility requirements under law is not readily
achievable or cannot be accomplished by alternative means; or
new text end

new text begin (3) the alleged architectural barrier does not violate accessibility requirements
under law.
new text end

new text begin (b) In a civil action brought against a person required to comply with section
363A.11, subdivision 3, a plaintiff challenging a finding in an audit, performed by a
certified professional, that an alleged architectural barrier complies with accessibility
requirements under 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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end