HF 1542

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 02/20/2018 01:10pm

A bill for an act
relating to human rights; changing provisions for actions involving architectural
barriers; amending Minnesota Statutes 2016, sections 363A.28, subdivision 3;
363A.331, subdivisions 2, 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 363A.28, subdivision 3, is amended to read:

Subd. 3.

For filing claim; filing options.

(a) 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.

(b) 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.

(c) The running of the one-year limitation period is suspended during the new text begin applicable
new text end time period deleted text begin provided for in the notice deleted text end under section 363A.331, subdivision 2 new text begin , during which
a civil action may not be brought 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. 2.

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, a person who is an attorney or is represented
by an attorney and 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 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 deleted text begin 30 deleted text end new text begin 60 new text end 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. deleted text begin If a notice is sent, a civil action may not be filed before expiration of the
period to respond provided in the notice.
deleted text end

new text begin (c) A civil action may not be brought before expiration of the period to respond provided
in the notice under paragraph (a), clause (3). Subject to paragraph (d), a civil action may
be brought after the response time provided in the notice.
new text end

new text begin (d) If, within the response time provided under paragraph (a), clause (3), the business
establishment or place of public accommodation indicates in writing an intent to remove
the barrier but can demonstrate that weather prevents a timely removal, a civil action may
not be brought before 30 days after the date of the response time in the notice, provided the
business establishment or place of public accommodation specifies in writing the steps that
will be taken to remove the barrier and the date by which the barrier will be removed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to civil actions for violations of accessibility requirements under law brought on or
after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 363A.331, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Representation by attorney after action brought. new text end

new text begin If a person who is not
represented by an attorney retains an attorney within 60 days after a civil action under
section 363A.33 is brought, the attorney must provide a dated notice to the defendant that
includes the items required under subdivision 2, paragraph (a), clauses (1) and (2), and the
accessibility audit portion of the form under subdivision 3. The notice must include additional
time for the defendant to serve an answer to the complaint or amend a previous answer to
the complaint, which must be at least 60 days after the date of the notice or service of the
complaint, whichever is later. If the civil action has not been filed with the court, the action
must not be filed until expiration of the time provided for in the notice. The time period for
serving an answer to the complaint under rule 12 of the Rules of Civil Procedure and
proceedings under the complaint are stayed for the period of time specified in the notice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to civil actions for violations of accessibility requirements under law brought on or
after that date.
new text end

Sec. 4.

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 new text begin an attorney and is not new text end represented by an attorney; deleted text begin or
deleted text end

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

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

deleted text begin (1) deleted text end new text begin (3) a person who new text end is challenging a finding contained in an audit prepared by a certified
professional deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) has a claim for damages resulting from an injury; or
deleted text end

deleted text begin (3) has filed charges pursuant to section 363A.28.
deleted text end

new text begin (b) This section does not affect the right of a person to file a charge with the commissioner
or the right of a person who has filed a charge to bring a civil action authorized under section
363A.33, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to civil actions for violations of accessibility requirements under law brought on or
after that date.
new text end