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MI HB4498

Bill

Status

Introduced

5/2/2023

Primary Sponsor

Matthew Bierlein

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary5/2/2023

Full Bill Text

No bill text available