SF 2181

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2017 09:20am

A bill for an act
relating to human rights; requiring certain notices in building inspection reports;
establishing requirements for disability discrimination claims related to architectural
barriers; amending Minnesota Statutes 2016, sections 326B.16, by adding a
subdivision; 363A.331, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, 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 the day following final enactment.
new text end

Sec. 2.

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

new text begin Subd. 3a. 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 EFFECTIVE DATE. new text end

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