SF 2915

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to judicial process; modifying certain civil and criminal penalties;
amending Minnesota Statutes 2006, section 363A.29, subdivision 4; Minnesota
Statutes 2007 Supplement, section 609.822, subdivision 3.

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

Section 1.

Minnesota Statutes 2006, section 363A.29, subdivision 4, is amended to
read:

Subd. 4.

Civil penalty; punitive damages.

(a) The administrative law judge shall
order any respondent found to be in violation of any provision of sections 363A.08 to
363A.19 and 363A.28, subdivision 10, to pay a civil penalty to the state. This penalty is
in addition to compensatory and punitive damages to be paid to an aggrieved party. The
administrative law judge shall determine the amount of the civil penalty to be paid, taking
into account the seriousness and extent of the violation, the public harm occasioned by
the violation, whether the violation was intentional, and the financial resources of the
respondent. Any penalties imposed under this provision shall be paid into the general fund
of the state. In all cases where the administrative law judge finds that the respondent has
engaged in an unfair discriminatory practice, the administrative law judge shall order the
respondent to pay an aggrieved party, who has suffered discrimination, compensatory
damages in an amount up to three times the actual damages sustained. In all cases, the
administrative law judge may also order the respondent to pay an aggrieved party, who
has suffered discrimination, damages for mental anguish or suffering and reasonable
attorney's fees, in addition to punitive damages in an amount not more than deleted text begin $8,500 deleted text end new text begin
$25,000 new text end deleted text begin . Punitive damages shall be awarded deleted text end pursuant to section 549.20.

(b) In any case where a political subdivision is a respondent, the total of punitive
damages awarded an aggrieved party may not exceed deleted text begin $8,500 deleted text end new text begin $25,000 new text end and in that case if
there are two or more respondents the punitive damages may be apportioned among
them. Punitive damages may only be assessed against a political subdivision in its
capacity as a corporate entity and no regular or ex officio member of a governing body
of a political subdivision shall be personally liable for payment of punitive damages
pursuant to subdivisions 3 to 6.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 609.822, subdivision 3, is
amended to read:

Subd. 3.

Sentence.

Whoever violates this section shall be sentenced as provided
in section 609.52, subdivision 3, based on the aggregate economic loss suffered by any
person as a result of the violation. However, the maximum sentence of imprisonment for
the offense may not exceed two years. A person convicted of a violation of this section
shall be ordered to pay restitution to persons aggrieved by the violation. Restitution shall
be ordered in addition to a fine or imprisonment but not in lieu of a fine or imprisonment. new text begin
Nothing in this section limits the power of the state to punish any person for conduct
which constitutes a crime under any other statute.
new text end