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MI HB4498
Bill
Status
5/2/2023
Primary Sponsor
Matthew Bierlein
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AI Summary
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Allows persons with disabilities to bring civil actions for violations of the Persons with Disabilities Civil Rights Act or other accessibility laws, seeking injunctive relief and damages including attorney fees.
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Requires persons alleging accessibility law violations to serve written notice on facility owners before filing civil actions, specifying the alleged violations with sufficient detail for identification.
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Gives facility owners 15 business days to respond to notice by: (1) committing to make improvements within 120 days, (2) challenging the validity of alleged violations, or (3) stating violations have already been corrected with supporting evidence.
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Allows facility owners a maximum 120-day period (extendable by up to 120 additional days for reasonable cause) to remedy alleged violations after responding affirmatively to notice; timely compliance bars damages and attorney fees awards.
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Restricts attorney fee awards for accessibility law violations: denies fees if no pre-suit notice served unless court finds willfulness or severity warranted; denies fees if filed before 120-day compliance period expired and owner made good-faith improvements.
Legislative Description
Civil rights: disabilities discrimination; civil actions under the persons with disabilities civil rights act; require pre-suit notice and provide an opportunity to comply. Amends sec. 606 of 1976 PA 220 (MCL 37.1606) & adds sec. 606a.
Civil rights: disabilities discrimination
Last Action
Bill Electronically Reproduced 05/02/2023
5/3/2023