2023 House Bill 4498

Civil rights: disabilities discrimination; civil actions under the persons with disabilities civil rights act; require pre-suit notice and provide an opportunity to comply.

A bill to amend 1976 PA 220, entitled “Persons with disabilities civil rights act,” by amending section 606 (MCL 37.1606), as amended by 1998 PA 20, and by adding section 606a.

AI Analysis – Experimental

These amendments to the Persons with Disabilities Civil Rights Act establish a process for individuals to seek civil actions for injunctive relief, damages, or both, for violations of accessibility laws. The process requires prior notification of alleged violations to the accused party, who must respond within 15 business days, committing to improvements, challenging the violation's validity, or confirming corrections with evidence. The accused has up to 120 days for improvements, extendable for reasonable circumstances. Compliance within this period, or a granted extension, protects the accused from admissions of guilt and disqualifies the claimant from receiving damages or attorney fees for that action, though they may be eligible for damages and attorney fees for similar future violations.