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.