Print Friendly

HOUSE BILL NO. 234

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

---

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

---

H0234................................by JUDICIARY, RULES AND ADMINISTRATION
HUMAN RIGHTS - Amends existing law to authorize a district court to enter
an order for punitive damages not to exceed $2,500 to each person proving a
willful violation of the Human Rights Commission Act.

02/12    House intro - 1st rdg - to printing
02/15    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 47-12-11
      AYES -- Barraclough, Bell, Bieter, Black, Bruneel, Callister, Chase,
      Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Hammond, Hansen(23), Henbest, Jaquet, Jones, Judd, Kempton,
      Kendell, Kunz, Limbaugh, Loertscher, Mader, Marley, Meyer,
      Montgomery, Mortensen, Moyle, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Sellman, Smith, Smylie, Stevenson, Stone,
      Taylor(Taylor), Tilman, Watson
      NAYS -- Alltus, Barrett, Geddes, Hadley, Hornbeck, Lake, McKague,
      Schaefer, Tippets, Wheeler, Williams, Zimmermann
      Absent and excused -- Boe, Campbell, Gould, Hansen(29), Kellogg,
      Linford, Pischner, Stoicheff, Trail, Wood, Mr Speaker
    Floor Sponsor - Sali
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Jud

Bill Text

H0234


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 234

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE HUMAN RIGHTS COMMISSION; AMENDING SECTION 67-5908, IDAHO CODE,
 3        TO AUTHORIZE A DISTRICT COURT TO ENTER AN ORDER FOR PUNITIVE  DAMAGES  NOT
 4        TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS TO EACH PERSON PROVING A WILL-
 5        FUL VIOLATION OF THE HUMAN RIGHTS COMMISSION ACT.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section 67-5908, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        67-5908.  PROCEDURE IN DISTRICT COURT. (1) Any action filed by the commis-
10    sion shall be heard by the district court unless either party shall move for a
11    jury trial. Except as otherwise provided herein, the court shall hear the case
12    and grant relief as in other civil actions. Any such action shall  be  brought
13    in  the  name of the commission for the use of the person alleging discrimina-
14    tion or a described class, and the commission shall furnish  counsel  for  the
15    prosecution  thereof.  Any  person aggrieved by the alleged discrimination may
16    intervene in such an action.
17        (2)  A complaint must be filed with the commission as a  condition  prece-
18    dent  to  litigation.  A complainant may file a civil action in district court
19    within ninety (90) days of issuance of the notice of administrative  dismissal
20    pursuant to section 67-5907(6), Idaho Code.
21        (3)  In  a  civil  action filed by the commission or filed directly by the
22    person alleging unlawful discrimination, if the court finds that unlawful dis-
23    crimination has occurred, its judgment shall specify an appropriate remedy  or
24    remedies therefor. Such remedies may include, but are not limited to:
25        (a)  An  order to cease and desist from the unlawful practice specified in
26        the order;
27        (b)  An order to employ, reinstate, promote or grant other employment ben-
28        efits to a victim of unlawful employment discrimination;
29        (c)  An order for actual damages including lost wages and  benefits,  pro-
30        vided  that such back pay liability shall not accrue from a date more than
31        two (2) years prior to the filing of the complaint with the commission  or
32        the district court, whichever occurs first;
33        (d)  An order to accept or reinstate such a person in a union;
34        (e)  An  order  for punitive damages, not to exceed  one  
35        two    thousand    five  hundred    dollars  ($  1,0
36         2,5 00)  for   to  each  per-
37        son proving a  willful violation of this chapter.
38        (4)  Any civil action filed by the commission  under  this  section  shall
39    commence  not more than one (1) year after a complaint of discrimination under
40    oath is filed with the commission.
41        (5)  In any civil action under this chapter, the burden of proof shall  be
42    on the person seeking relief.

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE

                             RS 08990 C1To adjust the maximum punitive damage award allowed in court to
reflect the change in the value of the dollar by raising the amount
of punitive damages for violations of the Idaho Human Rights Act from
the $1,000.00 per violation set in 1969 to $2,500.00 for each person
proving unlawful discrimination.








                            FISCAL NOTE

None.






CONTACT:  Leslie Goddard
        Idaho Human Rights Commission
        334-2873
        

STATEMENT OF PURPOSE/ FISCAL NOTE     Bill No.      H 234