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HF 1542

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

KEY: stricken = removed, old language.
underscored = added, new language.
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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) 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 lawdeleted text end new text begin 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 barriernew 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 30deleted text end new text begin 60new text end days;
and

(4) comply with subdivision 3.

(b)new text begin 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:
new text end

new text begin (1) must be dated;
 new text end

new text begin (2) includes the name and address of the person;
 new text end

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

new text begin (4) describes the architectural barrier; and
 new text end

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

new text begin (c)new text end A notice described in deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (a)new text begin and (b)new text end 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 (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.
 new text end

new text begin (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).
 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 brought under chapter 363A on or after that date.
 new text end

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 todeleted text begin :
deleted text end

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

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

(b) deleted text begin This section doesdeleted text end new text begin Subdivisions 2 and 3 donew text end not deleted text begin bardeleted text end new text begin apply tonew text end a person deleted text begin fromdeleted text end 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 deleted text begin andeleted text end new text begin a physicalnew text end injury; or

(3) has filed charges pursuant to section 363A.28new text begin with the commissionernew 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 brought under chapter 363A on or after that date.
 new text end