SF 1176

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil law; clarifying that civil actions 
  1.3             against the state may be brought in federal court 
  1.4             under certain federal statutes; amending Minnesota 
  1.5             Statutes 2002, section 1.05. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 1.05, is 
  1.8   amended to read: 
  1.9      1.05 [WAIVER OF IMMUNITY FOR VIOLATIONS OF CERTAIN FEDERAL 
  1.10  STATUTES.] 
  1.11     Subdivision 1.  [AGE DISCRIMINATION IN EMPLOYMENT ACT.] An 
  1.12  employee, former employee, or prospective employee of the state 
  1.13  who is aggrieved by the state's violation of the Age 
  1.14  Discrimination in Employment Act of 1967, United States Code, 
  1.15  title 29, section 621, et seq., as amended, may bring a civil 
  1.16  action against the state in federal court or in any other court 
  1.17  of competent jurisdiction for such legal or equitable relief as 
  1.18  will effectuate the purposes of the act. 
  1.19     Subd. 2.  [FAIR LABOR STANDARDS ACT.] An employee of the 
  1.20  state who is aggrieved by the state's violation of the Fair 
  1.21  Labor Standards Act of 1938, United States Code, title 29, 
  1.22  section 201, et seq., as amended, may bring a civil action 
  1.23  against the state in federal court or in any other court of 
  1.24  competent jurisdiction for such legal or equitable relief as 
  1.25  will effectuate the purposes of the act. 
  2.1      Subd. 3.  [FAMILY AND MEDICAL LEAVE ACT.] An employee, 
  2.2   former employee, or prospective employee of the state who is 
  2.3   aggrieved by the state's violation of the Family and Medical 
  2.4   Leave Act, United States Code, title 29, sections 2601 to 2654, 
  2.5   as amended, may bring a civil action against the state 
  2.6   in federal court or in any other court of competent jurisdiction 
  2.7   for such legal or equitable relief as will effectuate the 
  2.8   purposes of the act. 
  2.9      Subd. 4.  [AMERICANS WITH DISABILITIES ACT.] An employee, 
  2.10  former employee, or prospective employee of the state who is 
  2.11  aggrieved by the state's violation of the Americans with 
  2.12  Disabilities Act of 1990, United States Code, title 42, section 
  2.13  12101, as amended, may bring a civil action against the state in 
  2.14  federal court or in any other court of competent jurisdiction 
  2.15  for such legal or equitable relief as will effectuate the 
  2.16  purposes of the act. 
  2.17     Sec. 2.  [EFFECTIVE DATE.] 
  2.18     Section 1 is effective retroactive to August 1, 2001.