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HF 3527

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 10:09am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human rights; providing for jury trials; modifying procedures for
removal of cases to district court; amending Minnesota Statutes 2008, section
363A.33, subdivisions 1, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 363A.33, subdivision 1, is amended to
read:


Subdivision 1.

Court actions, suits by private parties, intervention.

The
commissioner or a person may bring a civil action seeking redress for an unfair
discriminatory practice directly to district court. In addition, a person may bring a civil
action:

(1) within deleted text begin 45deleted text end new text begin 90 new text end days after receipt of notice that the commissioner has dismissed a
charge because it is frivolous or without merit, because the charging party has failed to
provide required information, because the commissioner has determined that further use
of department resources is not warranted, or because the commissioner has determined
that there is no probable cause to credit the allegations contained in a charge filed with
the commissioner;

(2) within deleted text begin 45deleted text end new text begin 90 new text end days after receipt of notice that the commissioner has reaffirmed a
determination of no probable cause if the charging party requested a reconsideration of the
no probable cause determination, or has decided not to reopen a dismissed case that the
charging party has asked to be reopened; or

(3) after deleted text begin 45deleted text end new text begin 90 new text end days from the filing of a charge pursuant to section 363A.28,
subdivision 1
, if a hearing has not been held pursuant to section 363A.29 or if the
commissioner has not entered into a conciliation agreement to which the charging party is
a signator. The charging party shall notify the commissioner of an intention to bring a civil
action, which shall be commenced within 90 days of deleted text begin givingdeleted text end the deleted text begin noticedeleted text end new text begin charging party's
receipt of a "right to sue" letter from the commissioner. Failure to notify the commissioner
of an intention to bring a civil action is not a basis to dismiss a charging party's complaint
new text end .

For purposes of clauses (1) and (2), receipt of notice is presumed to be five days
from the date of service by mail of the written notice.

Sec. 2.

Minnesota Statutes 2008, section 363A.33, subdivision 6, is amended to read:


Subd. 6.

District court jurisdiction.

Any action brought pursuant to this section
shall be filed in the district court of the county wherein the unlawful discriminatory
practice is alleged to have been committed or where the respondent resides or has a
principal place of business.

Any action brought pursuant to this chapter shall be heard and determined by
deleted text begin a judge sitting withoutdeleted text end a jurynew text begin , unless the petitioner elects to have the action heard and
determined by the court
new text end .

If the new text begin jury or new text end court finds that the respondent has engaged in an unfair discriminatory
practice, deleted text begin itdeleted text end new text begin the courtnew text end shall issue an order directing appropriate relief as provided by
section 363A.29, subdivisions 3 to 6.new text begin The jury or court shall determine the amount of
compensatory and punitive damages to be paid to the aggrieved party.
new text end

When the court issues an order providing for payment to the state of a civil penalty
pursuant to section 363A.29, subdivisions 3 to 6, it shall serve a copy of that order upon
the attorney general at the same time as it makes service upon the parties.