SF 774

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human rights; specifying certain duties of 
  1.3             the commissioner; specifying privacy of certain data; 
  1.4             providing for reimbursement of certain costs and 
  1.5             attorney's fees; requiring certain press releases; 
  1.6             amending Minnesota Statutes 1996, sections 363.05, 
  1.7             subdivision 1; 363.061, subdivision 2; 363.071, 
  1.8             subdivision 7; and 363.14, subdivision 3; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 363. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 363.05, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [FORMULATION OF POLICIES.] The commissioner 
  1.14  shall formulate policies to effectuate the purposes of this 
  1.15  chapter and shall: 
  1.16     (1) exercise leadership under the direction of the governor 
  1.17  in the development of human rights policies and programs, and 
  1.18  make recommendations to the governor and the legislature for 
  1.19  their consideration and implementation; 
  1.20     (2) establish and maintain a principal office in St. Paul, 
  1.21  and any other necessary branch offices at any location within 
  1.22  the state; 
  1.23     (3) meet and function at any place within the state; 
  1.24     (4) employ attorneys, clerks, and other employees and 
  1.25  agents as the commissioner may deem necessary and prescribe 
  1.26  their duties; 
  1.27     (5) to the extent permitted by federal law and regulation, 
  2.1   utilize the records of the department of economic security of 
  2.2   the state when necessary to effectuate the purposes of this 
  2.3   chapter; 
  2.4      (6) obtain upon request and utilize the services of all 
  2.5   state governmental departments and agencies; 
  2.6      (7) adopt suitable rules for effectuating the purposes of 
  2.7   this chapter; 
  2.8      (8) issue complaints, receive and investigate charges 
  2.9   alleging unfair discriminatory practices, and determine whether 
  2.10  or not probable cause exists for hearing; 
  2.11     (9) subpoena witnesses, administer oaths, take testimony, 
  2.12  and require the production for examination of any books or 
  2.13  papers relative to any matter under investigation or in 
  2.14  question; 
  2.15     (10) attempt, by means of education, conference, 
  2.16  conciliation, and persuasion to eliminate unfair discriminatory 
  2.17  practices as being contrary to the public policy of the state; 
  2.18     (11) develop and conduct programs of formal and informal 
  2.19  education designed to eliminate discrimination and intergroup 
  2.20  conflict by use of educational techniques and programs the 
  2.21  commissioner deems necessary; 
  2.22     (12) make a written report of the activities of the 
  2.23  commissioner to the governor each year and to the legislature by 
  2.24  November 15 of each even-numbered year; 
  2.25     (13) accept gifts, bequests, grants or other payments 
  2.26  public and private to help finance the activities of the 
  2.27  department; 
  2.28     (14) create such local and statewide advisory committees as 
  2.29  will in the commissioner's judgment aid in effectuating the 
  2.30  purposes of the department of human rights; 
  2.31     (15) develop such programs as will aid in determining the 
  2.32  compliance throughout the state with the provisions of this 
  2.33  chapter, and in the furtherance of such duties, conduct research 
  2.34  and study discriminatory practices based upon race, color, 
  2.35  creed, religion, national origin, sex, age, disability, marital 
  2.36  status, status with regard to public assistance, familial 
  3.1   status, sexual orientation, or other factors and develop 
  3.2   accurate data on the nature and extent of discrimination and 
  3.3   other matters as they may affect housing, employment, public 
  3.4   accommodations, schools, and other areas of public life; 
  3.5      (16) develop and disseminate technical assistance to 
  3.6   persons subject to the provisions of this chapter, and to 
  3.7   agencies and officers of governmental and private agencies; 
  3.8      (17) provide staff services to such advisory committees as 
  3.9   may be created in aid of the functions of the department of 
  3.10  human rights; 
  3.11     (18) make grants in aid to the extent that appropriations 
  3.12  are made available for that purpose in aid of carrying out 
  3.13  duties and responsibilities; and 
  3.14     (19) cooperate and consult with the commissioner of labor 
  3.15  and industry regarding the investigation of violations of, and 
  3.16  resolution of complaints regarding section 363.03, subdivision 
  3.17  9; and 
  3.18     (20) protect the interests of charging parties and 
  3.19  respondents by releasing information about an open case only 
  3.20  when the release is vital to the investigation and only when 
  3.21  preliminary investigation has shown that it is probable that the 
  3.22  charged discrimination has occurred. 
  3.23     In performing these duties, the commissioner shall give 
  3.24  priority to those duties in clauses (8), (9), and (10), and (20) 
  3.25  and to the duties in section 363.073.  
  3.26     Sec. 2.  Minnesota Statutes 1996, section 363.061, 
  3.27  subdivision 2, is amended to read: 
  3.28     Subd. 2.  [ACCESS TO OPEN FILES.] (a) Human rights 
  3.29  investigative data on an individual, with the exception of the 
  3.30  name and address of the charging party and respondent, factual 
  3.31  basis of the allegations, and the statute under which the action 
  3.32  is brought, contained in an open case file is classified as 
  3.33  confidential.  The name and address of the charging party and 
  3.34  respondent, factual basis of the allegations, and the statute 
  3.35  under which the action is brought are classified as private data 
  3.36  until seven working days after the time for the respondent to 
  4.1   answer has passed and preliminary investigation has convinced 
  4.2   the commissioner has mailed a copy of the charge to the 
  4.3   respondent that it is probable that the discrimination has 
  4.4   occurred, at which time the data become public, unless the 
  4.5   commissioner determines that release of the data would be 
  4.6   detrimental to the investigative and enforcement process or, as 
  4.7   regards the name and address of the charging party, the 
  4.8   commissioner determines that the charging party will be harassed 
  4.9   or intimidated if that information is released. 
  4.10     (b) Human rights investigative data not on an individual 
  4.11  contained in an open case file is classified as protected 
  4.12  nonpublic data. 
  4.13     (c) Notwithstanding this subdivision, the commissioner may 
  4.14  make human rights investigative data contained in an open case 
  4.15  file accessible to a person, government agency, or the public if 
  4.16  access will aid is vital to the investigative and enforcement 
  4.17  process. 
  4.18     Sec. 3.  Minnesota Statutes 1996, section 363.071, 
  4.19  subdivision 7, is amended to read: 
  4.20     Subd. 7.  [LITIGATION AND HEARING COSTS.] The 
  4.21  administrative law judge shall order a respondent who is 
  4.22  determined to have engaged in an unfair discriminatory practice 
  4.23  to reimburse the department and the attorney general for all 
  4.24  appropriate litigation and hearing costs expended in preparing 
  4.25  for and conducting the hearing, unless payment of the costs 
  4.26  would impose a financial hardship on the respondent.  
  4.27  Appropriate costs include but are not limited to the costs of 
  4.28  services rendered by the attorney general, private attorneys if 
  4.29  engaged by the department, administrative law judges, court 
  4.30  reporters, and expert witnesses as well as the costs of 
  4.31  transcripts and other necessary supplies and materials. 
  4.32     If the commissioner determines after investigation that no 
  4.33  probable cause exists to credit the allegations of the unfair 
  4.34  discriminatory practice, the administrative law judge shall 
  4.35  order the commissioner to reimburse the respondent for all 
  4.36  appropriate litigation and hearing costs, including a reasonable 
  5.1   attorney's fee, expended in preparing for a response to a charge 
  5.2   by the commissioner under this chapter, unless the judge finds 
  5.3   extraordinary circumstances that persuade the judge not to order 
  5.4   reimbursement of costs. 
  5.5      Money reimbursed to the department of human rights under 
  5.6   this subdivision must be paid into the state treasury and 
  5.7   credited to a special revenue account.  Money in that account is 
  5.8   appropriated to the commissioner of human rights to the extent 
  5.9   the reimbursements were made to cover the department's costs and 
  5.10  are available for the department's activities in enforcing the 
  5.11  Minnesota human rights act. 
  5.12     Sec. 4.  [363.085] [PRESS RELEASES.] 
  5.13     If the commissioner or a member of the commissioner's staff 
  5.14  issues a press release identifying a respondent or charging a 
  5.15  person with a discriminatory practice under this chapter, and 
  5.16  the result of the commissioner's investigation is a finding that 
  5.17  no probable cause exists to credit the allegations of the 
  5.18  discriminatory practice, the commissioner must issue a press 
  5.19  release with the same amount of publicity informing the public 
  5.20  of the commissioner's findings. 
  5.21     Sec. 5.  Minnesota Statutes 1996, section 363.14, 
  5.22  subdivision 3, is amended to read: 
  5.23     Subd. 3.  [ATTORNEY'S FEES AND COSTS.] In any action or 
  5.24  proceeding brought pursuant to this section the court, in its 
  5.25  discretion, may shall allow the prevailing party a reasonable 
  5.26  attorney's fee as part of the costs, unless the judge finds 
  5.27  extraordinary circumstances that persuade the judge not to award 
  5.28  an attorney's fee.  In any case brought by the department, the 
  5.29  court shall order a respondent who is determined to have engaged 
  5.30  in an unfair discriminatory practice to reimburse the department 
  5.31  and the attorney general for all appropriate litigation and 
  5.32  court costs expended in preparing for and conducting the 
  5.33  hearing, unless payment of the costs would impose a financial 
  5.34  hardship on the respondent.  Appropriate costs include but are 
  5.35  not limited to the costs of services rendered by the attorney 
  5.36  general, private attorneys if engaged by the department, court 
  6.1   costs, court reporters, and expert witnesses as well as the 
  6.2   costs of transcripts and other necessary supplies and materials. 
  6.3      Sec. 6.  [EFFECTIVE DATE.] 
  6.4      This act is effective the day following final enactment.