Amendment sch4109a-3

sch4109a-3 sch4109a-3

1.1Senator Westlin moved to amend H.F. No. 4109 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2023 Supplement, section 363A.02, subdivision 1, is
1.4amended to read:
1.5    Subdivision 1. Freedom from discrimination. (a) It is the public policy of this state to
1.6secure for persons in this state, freedom from discrimination:
1.7(1) in employment because of one or more of the following: race, color, creed, religion,
1.8national origin, sex, gender identity, marital status, disability, status with regard to public
1.9assistance, sexual orientation, familial status, and age;
1.10(2) in housing and real property because of one or more of the following: race, color,
1.11creed, religion, national origin, sex, gender identity, marital status, disability, status with
1.12regard to public assistance, sexual orientation, and familial status;
1.13(3) in public accommodations because of one or more of the following: race, color,
1.14creed, religion, national origin, sex, gender identity, sexual orientation, and disability;
1.15(4) in public services because of one or more of the following: race, color, creed, religion,
1.16national origin, sex, gender identity, marital status, disability, sexual orientation, and status
1.17with regard to public assistance; and
1.18(5) in education because of one or more of the following: race, color, creed, religion,
1.19national origin, sex, gender identity, marital status, disability, status with regard to public
1.20assistance, sexual orientation, and age.
1.21(b) Such discrimination threatens the rights and privileges of the inhabitants of this state
1.22and menaces the institutions and foundations of democracy. It is also the public policy of
1.23this state to protect all persons from wholly unfounded charges of discrimination. Nothing
1.24in this chapter shall be interpreted as restricting the implementation of positive action
1.25programs to combat discrimination.

1.26    Sec. 2. Minnesota Statutes 2022, section 363A.03, subdivision 12, is amended to read:
1.27    Subd. 12. Disability. "Disability" means any condition or characteristic that renders a
1.28person a disabled person. A disabled person is any person who (1) has a physical, sensory,
1.29or mental impairment which materially limits one or more major life activities; (2) has a
1.30record of such an impairment; or (3) is regarded as having such an impairment; or (4) has
2.1an impairment that is episodic or in remission and would materially limit a major life activity
2.2when active.

2.3    Sec. 3. Minnesota Statutes 2022, section 363A.03, subdivision 13, is amended to read:
2.4    Subd. 13. Discriminate. The term "discriminate" includes segregate or, separate and,
2.5for purposes of discrimination based on sex, it includes sexual, or harassment.

2.6    Sec. 4. Minnesota Statutes 2022, section 363A.03, subdivision 18, is amended to read:
2.7    Subd. 18. Familial status. "Familial status" means the condition of one or more minors
2.8being domiciled having legal status or custody with (1) their the minor's parent or parents
2.9or the minor's legal guardian or guardians or (2) the designee of the parent or parents or
2.10guardian or guardians with the written permission of the parent or parents or guardian or
2.11guardians. Familial status also means residing with and caring for one or more individuals
2.12who lack the ability to meet essential requirements for physical health, safety, or self-care
2.13because the individual or individuals are unable to receive and evaluate information or make
2.14or communicate decisions. The protections afforded against discrimination on the basis of
2.15family status apply to any person who is pregnant or is in the process of securing legal
2.16custody of an individual who has not attained the age of majority.

2.17    Sec. 5. Minnesota Statutes 2022, section 363A.03, subdivision 29, is amended to read:
2.18    Subd. 29. Party in interest. "Party in interest" means the complainant, respondent, or
2.19commissioner or board member.

2.20    Sec. 6. Minnesota Statutes 2023 Supplement, section 363A.04, is amended to read:
2.21363A.04 CONSTRUCTION AND EXCLUSIVITY.
2.22The provisions of this chapter shall be construed liberally for the accomplishment of the
2.23purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the
2.24provisions of the civil rights law or of any other law of this state relating to discrimination
2.25because of race, creed, color, religion, sex, gender identity, age, disability, marital status,
2.26status with regard to public assistance, national origin, sexual orientation, or familial status;
2.27but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision
2.2810
, the administrative procedure herein provided shall, while pending, be exclusive. The
2.29rights and remedies herein provided are in addition to, and shall not preclude, those available
2.30at law or in equity.

3.1    Sec. 7. Minnesota Statutes 2022, section 363A.06, subdivision 4, is amended to read:
3.2    Subd. 4. Publication of case account. The commissioner may publish an account of a
3.3case in which the complaint has been dismissed or the terms of settlement of a case that has
3.4been voluntarily adjusted resolved with the Department of Human Rights. Except as provided
3.5in other sections of this chapter, the commissioner shall not disclose any information
3.6concerning efforts in a particular case to eliminate an unfair discriminatory practice through
3.7education, conference, conciliation and persuasion.

3.8    Sec. 8. Minnesota Statutes 2022, section 363A.07, subdivision 4, is amended to read:
3.9    Subd. 4. Withdrawal from local commission. Notwithstanding the provisions of any
3.10law or ordinance to the contrary, a person who has filed a charge with a local commission
3.11may bring a civil action as provided in section 363A.34 at the following times:
3.12(1) within 45 90 days after receipt of notice that the local commission has determined
3.13that there is no probable cause to credit the allegations contained in the charge; receipt of
3.14notice is presumed to be five days from the date of service by mail of the written notice; or
3.15(2) after 45 days from the filing of the charge if a hearing has not been held or if the
3.16local commission has not entered into a conciliation agreement to which the charging party
3.17is a signator. The charging party shall notify the local commission of an intention to bring
3.18a civil action, which shall be commenced within 90 days of giving the notice.
3.19A charging party bringing a civil action shall mail by registered or certified mail a copy
3.20of the summons and complaint to the local commission and upon their receipt the local
3.21commission shall terminate all proceedings before the local commission relating to the
3.22charge. No charge shall be filed or reinstituted with the local commission after a civil action
3.23relating to the same unfair discriminatory practice has been brought unless the civil action
3.24has been dismissed without prejudice.

3.25    Sec. 9. Minnesota Statutes 2023 Supplement, section 363A.16, subdivision 1, is amended
3.26to read:
3.27    Subdivision 1. Personal or commercial credit. It is an unfair discriminatory practice
3.28to discriminate in the extension of personal or commercial credit to a person, or in the
3.29requirements for obtaining credit, because of race, color, creed, religion, disability, national
3.30origin, sex, gender identity, sexual orientation, familial status, or marital status, or due to
3.31the receipt of federal, state, or local public assistance including medical assistance.

4.1    Sec. 10. Minnesota Statutes 2022, section 363A.19, is amended to read:
4.2363A.19 DISCRIMINATION AGAINST BLIND, DEAF, OR OTHER PERSONS
4.3WITH PHYSICAL OR SENSORY DISABILITIES PROHIBITED.
4.4(a) It is an unfair discriminatory practice for an owner, operator, or manager of a hotel,
4.5restaurant, public conveyance, or other public place to prohibit a blind or deaf person or a
4.6person with a physical or sensory disability from taking a service animal into the public
4.7place or conveyance to aid blind or deaf persons or persons with physical or sensory
4.8disabilities, and if the service animal is properly harnessed or leashed so that the blind or
4.9deaf person or a person with a physical or sensory disability may maintain control of the
4.10service animal.
4.11(b) No person shall require a blind, physically disabled, or deaf person with a disability
4.12to make an extra payment or pay an additional charge when taking a service animal into
4.13any of the public places referred to in paragraph (a).
4.14(c) For purposes of this section, "service animal" means a service animal as defined by
4.15the federal Americans with Disabilities Act, as amended.

4.16    Sec. 11. Minnesota Statutes 2022, section 363A.28, subdivision 5, is amended to read:
4.17    Subd. 5. Alternative dispute resolution. Charging parties and respondents shall be
4.18offered and may request an opportunity to resolve a charge through mediation or another
4.19alternative dispute resolution process. Neutrals providing mediation and alternative dispute
4.20resolution processes for parties are bound by the Code of Ethics for Court-Annexed ADR
4.21Neutrals. The running of the 12-month period during which the commissioner must make
4.22a determination of probable cause to credit allegations is suspended during a period of time
4.23specified by the commissioner during which the parties are involved in mediation or other
4.24alternative dispute resolution process that has been sanctioned by the commissioner.

4.25    Sec. 12. Minnesota Statutes 2022, section 363A.29, subdivision 1, is amended to read:
4.26    Subdivision 1. Conduct of hearings. A complaint determination issued by the
4.27commissioner shall may be heard as a contested case, except that the report of the
4.28administrative law judge shall be binding on all parties to the proceeding and if appropriate
4.29shall be implemented by an order as provided for in subdivision 3. The party contesting the
4.30determination issued by the commissioner may file a request with the commissioner to
4.31appear at a hearing on the party's own behalf or through a private attorney. The commissioner
4.32shall forward the request for hearing to the Office of Administrative Hearings, which shall
5.1promptly set the matter for hearing. The hearing shall be conducted at a place designated
5.2by the commissioner, within the county where the unfair discriminatory practice occurred
5.3or where the respondent resides or has a principal place of business. The hearing shall be
5.4conducted in accordance with sections 14.57 to 14.62, and is subject to appeal in accordance
5.5with sections 14.63 to 14.68.

5.6    Sec. 13. Minnesota Statutes 2022, section 363A.29, subdivision 2, is amended to read:
5.7    Subd. 2. Hearings 180 days after charge Tolling during investigation. At any time
5.8after 180 days from the filing of a charge, if there has been neither a finding of probable
5.9cause nor of no probable cause, the charging party may file a request with the commissioner
5.10to appear at a hearing on the party's own behalf or through a private attorney. The
5.11commissioner shall make a determination of probable cause or no probable cause within
5.12one year of the filing of a case in which the time has not been tolled. The amount of time
5.13during which a case is involved in significant settlement negotiations, is being investigated
5.14by another enforcement agency under a work sharing agreement, or has been referred to
5.15mediation or to a local human rights commission for no fault grievance processing is not
5.16counted in computing the 180 days tolled. Tolling of the time during settlement negotiations
5.17requires written approval of the charging party or the party's attorney. The right of a charging
5.18party to file a request for hearing does not apply in cases that have been certified as complex
5.19by the commissioner within 60 days of the filing of the charge. A case may not be certified
5.20as complex unless it involves multiple parties or issues, presents complex issues of law or
5.21fact, or presents substantially new issues of law in the discrimination area. Within five days
5.22of certifying a case as complex, the commissioner shall give notice of the certification to
5.23the charging party and the respondent. The commissioner shall make a determination of
5.24probable cause or no probable cause within one year of the filing of a case in which the
5.25time has not been counted or a case certified as complex. Upon receipt of the request, the
5.26commissioner shall review the documents and information held in the department's files
5.27concerning the charge and shall release to the charging party and respondent all documents
5.28and information that are accessible to the charging party and respondent under chapter 13.
5.29The commissioner shall forward the request for hearing to the Office of Administrative
5.30Hearings, which shall promptly set the matter for hearing. If the charging party prevails at
5.31this hearing, the administrative law judge may require the respondent to reimburse the
5.32charging party for reasonable attorney's fees.

6.1    Sec. 14. Minnesota Statutes 2022, section 363A.33, subdivision 1, is amended to read:
6.2    Subdivision 1. Court actions, suits by private parties, intervention. The commissioner
6.3or a person may bring a civil action seeking redress for an unfair discriminatory practice
6.4directly to district court. In addition, a person may bring a civil action:
6.5(1) within 45 90 days after receipt of notice that the commissioner has dismissed a charge
6.6because it is frivolous or without merit, because the charging party has failed to provide
6.7required information, because the commissioner has determined that further use of department
6.8resources is not warranted, or because the commissioner has determined that there is no
6.9probable cause to credit the allegations contained in a charge filed with the commissioner;
6.10(2) within 45 90 days after receipt of notice that the commissioner has reaffirmed a
6.11determination of no probable cause if the charging party requested a reconsideration of the
6.12no probable cause determination, or has decided not to reopen a dismissed case that the
6.13charging party has asked to be reopened; or
6.14(3) after 45 days from the filing of a charge pursuant to section 363A.28, subdivision 1,
6.15if a hearing has not been held pursuant to section 363A.29 or if the commissioner has not
6.16entered into a conciliation agreement to which the charging party is a signator. The charging
6.17party shall notify the commissioner of an intention to bring a civil action, which shall be
6.18commenced within 90 days of giving the notice.
6.19For purposes of clauses (1) and (2), receipt of notice is presumed to be five days from
6.20the date of service by mail of the written notice.

6.21    Sec. 15. Minnesota Statutes 2022, section 363A.33, subdivision 6, is amended to read:
6.22    Subd. 6. District court jurisdiction. Any action brought pursuant to this section shall
6.23be filed in the district court of the county wherein the unlawful discriminatory practice is
6.24alleged to have been committed or where the respondent resides or has a principal place of
6.25business.
6.26A person bringing a civil action seeking redress for an unfair discriminatory practice or
6.27a respondent is entitled to a jury trial.
6.28If the court or jury finds that the respondent has engaged in an unfair discriminatory
6.29practice, it shall issue an order or verdict directing appropriate relief as provided by this
6.30section 363A.29, subdivisions 3 to 6.
7.1When the court issues an order providing for payment to the state of a civil penalty
7.2pursuant to this section 363A.29, subdivisions 3 to 6, it shall serve a copy of that order upon
7.3the attorney general at the same time as it makes service upon the parties.

7.4    Sec. 16. Minnesota Statutes 2022, section 363A.33, is amended by adding a subdivision
7.5to read:
7.6    Subd. 8. Civil penalty; punitive damages. (a) The court shall order any respondent
7.7found to be in violation of any provision of sections 363A.08 to 363A.19 and 363A.28,
7.8subdivision 10, to pay a civil penalty to the state. This penalty is in addition to all damages
7.9recoverable at law and punitive damages to be paid to an aggrieved party. The court shall
7.10determine the amount of the civil penalty to be paid, taking into account the seriousness
7.11and extent of the violation, the public harm occasioned by the violation, whether the violation
7.12was intentional, and the financial resources of the respondent. Any penalties imposed under
7.13this provision shall be paid into the general fund of the state. In all cases where the court
7.14finds that the respondent has engaged in an unfair discriminatory practice, the court shall
7.15order the respondent to pay an aggrieved party, who has suffered discrimination,
7.16compensatory damages, including mental anguish or suffering, in an amount up to three
7.17times the actual damages sustained. In all cases, the court may also order the respondent to
7.18pay an aggrieved party punitive damages pursuant to section 549.20. In any case under this
7.19chapter that is decided by a jury, the jury shall determine the amount of all damages to be
7.20awarded.
7.21(b) In any case where a political subdivision is a respondent, the total of punitive damages
7.22awarded an aggrieved party may not exceed $25,000 and if there are two or more respondents
7.23the punitive damages may be apportioned among them. Punitive damages may only be
7.24assessed against a political subdivision in its capacity as a corporate entity and no regular
7.25or ex officio member of a governing body of a political subdivision shall be personally
7.26liable for payment of punitive damages pursuant to this section.

7.27    Sec. 17. Minnesota Statutes 2022, section 363A.33, is amended by adding a subdivision
7.28to read:
7.29    Subd. 9. Other remedies. In addition to the remedies in subdivision 8, where a case
7.30involves discrimination in:
7.31(1) employment, the court may order: (i) the hiring, reinstatement, or upgrading of an
7.32aggrieved party who has suffered discrimination, with or without back pay; (ii) admission
7.33or restoration to membership in a labor organization; (iii) admission to or participation in
8.1an apprenticeship training program, on-the-job training program, or other retraining program;
8.2or (iv) any other relief the court deems just and equitable; or
8.3(2) housing, the court may order: (i) the sale, lease, or rental of the housing
8.4accommodation or other real property to an aggrieved party who has suffered discrimination;
8.5(ii) the sale, lease, or rental of a like accommodation or other real property owned by or
8.6under the control of the person against whom the complaint was filed, according to the
8.7terms as listed with a real estate broker, or if no such listing has been made, as advertised
8.8or offered by the vendor or lessor; or (iii) any other relief the court deems just and equitable.

8.9    Sec. 18. REPEALER.
8.10Minnesota Statutes 2022, section 363A.03, subdivision 3, is repealed."
8.11Amend the title accordingly
8.12The motion prevailed. #did not prevail. So the amendment was #not adopted.