HF 2955

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 10:08am

A bill for an act
relating to human rights; establishing requirement for demand letter involving
architectural barriers limiting accessibility; providing for accessibility audits;
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 suspended during the time period
provided for in a demand letter under section 363A.331, subdivision 3.
new text end

Sec. 2.

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) For the purposes of this section, the following terms
have the meanings given.
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 and 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 Subd. 2. new text end

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

new text begin (a) In a civil action brought
against an entity required to comply with section 363A.11, subdivision 3, for the failure to
remove an architectural barrier, the defendant has an affirmative defense to the action 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 law;
new text end

new text begin (2) demonstrates that 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) produces a barrier removal audit report prepared or developed by a certified
professional that:
new text end

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

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

new text begin (b) In a civil action brought against an entity required to comply with section
363A.11, subdivision 3, a plaintiff challenging 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 Subd. 3. new text end

new text begin Demand letter seeking removal of an architectural barrier. new text end

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

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

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

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

new text begin (4) not include a request or demand for money or an offer or agreement to accept
money.
new text end

new text begin The demand letter may offer to engage in settlement negotiations prior to litigation. This
paragraph does not apply to an unrepresented plaintiff.
new text end

new text begin (b) When a demand letter has been sent pursuant to paragraph (a), a civil action may
not be filed or pursued by a plaintiff if, within the response time provided in the demand
letter, the entity required to comply with section 363A.11, subdivision 3:
new text end

new text begin (1) 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;
new text end

new text begin (2) 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; or
new text end

new text begin (3) produces a barrier removal audit report prepared by a certified professional:
new text end

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

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

new text begin (1) if 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) if a person is challenging a finding or remedial plan under paragraph (b), clause
(3);
new text end

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

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

new text begin (d) The requirements of this subdivision do not apply to attorneys representing the
state or a political subdivision of the state.
new text end