Print Friendly HOUSE BILL NO. 234 – Human rights violation, penalty
HOUSE BILL NO. 234
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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
|||| 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
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.
CONTACT: Leslie Goddard
Idaho Human Rights Commission
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 234