Text: SF00027 Text: SF00029 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 216.16, subsection 1, unnumbered
1 2 paragraph 1, Code 1995, is amended to read as follows:
1 3 A person claiming to be aggrieved by an unfair or
1 4 discriminatory practice must initially seek an administrative
1 5 relief by filing a complaint with the commission in accordance
1 6 with section 216.15. This provision also applies to persons
1 7 claiming to be aggrieved by an unfair or discriminatory
1 8 practice committed by the state or an agency or political
1 9 subdivision of the state, notwithstanding the terms of the
1 10 Iowa administrative procedure Act. A complainant after the
1 11 proper filing of a complaint with the commission, may
1 12 subsequently commence an action for relief in the district
1 13 court, triable as an ordinary civil action, if all of the
1 14 following conditions have been satisfied:
1 15 Sec. 2. Section 216.16, subsection 5, Code 1995, is
1 16 amended to read as follows:
1 17 5. The district court or jury may grant any relief in an
1 18 action under this section which is authorized by section
1 19 216.15, subsection 8 to be issued by the commission. The
1 20 district court or jury may also award the respondent
1 21 reasonable attorney's fees and court costs when the court or
1 22 jury finds that the complainant's action was frivolous. In an
1 23 action under this section, the district court retains all the
1 24 powers of a court in addition to any special powers conferred
1 25 on the court by this chapter. An action under this section
1 26 may be tried to a jury on the same basis as an ordinary civil
1 27 action.
1 28 Sec. 3. Section 729A.5, Code 1995, is amended to read as
1 29 follows:
1 30 729A.5 CIVIL REMEDIES.
1 31 A victim who has suffered physical, emotional, or financial
1 32 harm as a result of a violation of this chapter due to the
1 33 commission of a hate crime is entitled to and may bring an
1 34 action for injunctive relief, general and special damages,
1 35 reasonable attorneys fees, and costs.
2 1 An action brought pursuant to this section must be brought
2 2 within two years after the date of the violation of this
2 3 chapter.
2 4 In an action brought pursuant to this section, the burden
2 5 of proof shall be the same as in other civil actions for
2 6 similar relief.
2 7 This section does not apply to complaints or discriminatory
2 8 or unfair practices under chapter 216 and the election to
2 9 pursue an action under this section precludes an action under
2 10 chapter 216.
2 11 EXPLANATION
2 12 This bill provides a right to a jury trial in actions
2 13 brought pursuant to chapter 216 and that the district court's
2 14 jurisdiction is not limited to the commission's jurisdiction
2 15 in civil rights actions. The bill also provides that a person
2 16 who elects to pursue an action under section 729A.5 cannot
2 17 also file a complaint under chapter 216.
2 18 LSB 1426XS 76
2 19 mk/cf/24
Text: SF00027 Text: SF00029 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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