Bill Text: MN SF1178 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Human rights legal proceedings respondent access to information establishment; attorney fees and other expenses award authorization
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-04-14 - Referred to Judiciary and Public Safety [SF1178 Detail]
Download: Minnesota-2011-SF1178-Introduced.html
1.2relating to human rights; providing for access to certain information by a
1.3respondent; requiring an award of attorney fees and other expenses in certain
1.4cases;amending Minnesota Statutes 2010, sections 363A.28, subdivision 9;
1.5363A.29, subdivision 11; 363A.33, subdivision 7.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 363A.28, subdivision 9, is amended to
1.8read:
1.9 Subd. 9. Access to documents. (a) The commissioner shall provide the respondent
1.10with a copy of the charge. The charging party or the party's representative may review
1.11the answer of the respondent to the charge submitted pursuant to subdivision 1. The
1.12department shall make these documents available to the charging party.
1.13(b) Regardless of whether a probable cause determination has been made, if the
1.14commissioner is using conciliation under subdivision 8 or the parties are involved in
1.15alternative dispute resolution, the commissioner shall provide the respondent with names
1.16of witnesses, documents, and other information submitted by the charging party related to
1.17the alleged unfair discriminatory practice.
1.18 Sec. 2. Minnesota Statutes 2010, section 363A.29, subdivision 11, is amended to read:
1.19 Subd. 11. Litigation and hearing costs. (a) The administrative law judge shall
1.20order a respondent who is determined to have engaged in an unfair discriminatory practice
1.21to reimburse the department and the attorney general for all appropriate litigation and
1.22hearing costs expended in preparing for and conducting the hearing, unless payment of the
1.23costs would impose a financial hardship on the respondent. Appropriate costs include but
1.24are not limited to the costs of services rendered by the attorney general, private attorneys
2.1if engaged by the department, administrative law judges, court reporters, and expert
2.2witnesses as well as the costs of transcripts and other necessary supplies and materials.
2.3(b) If the administrative law judge determines that the respondent did not engage
2.4in an unfair discriminatory practice and that the position of the department was not
2.5substantially justified, as defined in section 15.471, subdivision 8, the administrative law
2.6judge shall award fees and other expenses to the respondent as provided under sections
2.715.471 to 15.474.
2.8(c) Money reimbursed to the Department of Human Rights underthis subdivision
2.9paragraph (a) must be paid into the state treasury and credited to a special revenue account.
2.10Money in that account is appropriated to the commissioner of human rights to the extent
2.11the reimbursements were made to cover the department's costs and for purposes of paying
2.12fees and other expenses awarded to a respondent under paragraph (b) and are available for
2.13the department's activities in enforcing the Minnesota Human Rights Act.
2.14 Sec. 3. Minnesota Statutes 2010, section 363A.33, subdivision 7, is amended to read:
2.15 Subd. 7. Attorney's fees and costs. (a) In any action or proceeding brought
2.16pursuant to this section the court, in its discretion, mayallow award the prevailing party a
2.17reasonableattorney's fee attorney fees as part of the costs.
2.18(b) In any case brought by the department, the court shall order a respondent who
2.19is determined to have engaged in an unfair discriminatory practice to reimburse the
2.20department and the attorney general for all appropriate litigation and court costs expended
2.21in preparing for and conducting the hearing, unless payment of the costs would impose
2.22a financial hardship on the respondent. Appropriate costs include but are not limited to
2.23the costs of services rendered by the attorney general, private attorneys if engaged by
2.24the department, court costs, court reporters, and expert witnesses as well as the costs of
2.25transcripts and other necessary supplies and materials.
2.26(c) In a case brought by the department, if the court determines that the respondent
2.27did not engage in an unfair discriminatory practice and that the position of the department
2.28was not substantially justified, as defined in section 15.471, subdivision 8, the court shall
2.29award fees and other expenses to the respondent as provided under sections 15.471
2.30to 15.474.
1.3respondent; requiring an award of attorney fees and other expenses in certain
1.4cases;amending Minnesota Statutes 2010, sections 363A.28, subdivision 9;
1.5363A.29, subdivision 11; 363A.33, subdivision 7.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 363A.28, subdivision 9, is amended to
1.8read:
1.9 Subd. 9. Access to documents. (a) The commissioner shall provide the respondent
1.10with a copy of the charge. The charging party or the party's representative may review
1.11the answer of the respondent to the charge submitted pursuant to subdivision 1. The
1.12department shall make these documents available to the charging party.
1.13(b) Regardless of whether a probable cause determination has been made, if the
1.14commissioner is using conciliation under subdivision 8 or the parties are involved in
1.15alternative dispute resolution, the commissioner shall provide the respondent with names
1.16of witnesses, documents, and other information submitted by the charging party related to
1.17the alleged unfair discriminatory practice.
1.18 Sec. 2. Minnesota Statutes 2010, section 363A.29, subdivision 11, is amended to read:
1.19 Subd. 11. Litigation and hearing costs. (a) The administrative law judge shall
1.20order a respondent who is determined to have engaged in an unfair discriminatory practice
1.21to reimburse the department and the attorney general for all appropriate litigation and
1.22hearing costs expended in preparing for and conducting the hearing, unless payment of the
1.23costs would impose a financial hardship on the respondent. Appropriate costs include but
1.24are not limited to the costs of services rendered by the attorney general, private attorneys
2.1if engaged by the department, administrative law judges, court reporters, and expert
2.2witnesses as well as the costs of transcripts and other necessary supplies and materials.
2.3(b) If the administrative law judge determines that the respondent did not engage
2.4in an unfair discriminatory practice and that the position of the department was not
2.5substantially justified, as defined in section 15.471, subdivision 8, the administrative law
2.6judge shall award fees and other expenses to the respondent as provided under sections
2.715.471 to 15.474.
2.8(c) Money reimbursed to the Department of Human Rights under
2.9paragraph (a) must be paid into the state treasury and credited to a special revenue account.
2.10Money in that account is appropriated to the commissioner of human rights to the extent
2.11the reimbursements were made to cover the department's costs and for purposes of paying
2.12fees and other expenses awarded to a respondent under paragraph (b) and are available for
2.13the department's activities in enforcing the Minnesota Human Rights Act.
2.14 Sec. 3. Minnesota Statutes 2010, section 363A.33, subdivision 7, is amended to read:
2.15 Subd. 7. Attorney's fees and costs. (a) In any action or proceeding brought
2.16pursuant to this section the court, in its discretion, may
2.17reasonable
2.18(b) In any case brought by the department, the court shall order a respondent who
2.19is determined to have engaged in an unfair discriminatory practice to reimburse the
2.20department and the attorney general for all appropriate litigation and court costs expended
2.21in preparing for and conducting the hearing, unless payment of the costs would impose
2.22a financial hardship on the respondent. Appropriate costs include but are not limited to
2.23the costs of services rendered by the attorney general, private attorneys if engaged by
2.24the department, court costs, court reporters, and expert witnesses as well as the costs of
2.25transcripts and other necessary supplies and materials.
2.26(c) In a case brought by the department, if the court determines that the respondent
2.27did not engage in an unfair discriminatory practice and that the position of the department
2.28was not substantially justified, as defined in section 15.471, subdivision 8, the court shall
2.29award fees and other expenses to the respondent as provided under sections 15.471
2.30to 15.474.
