Senate Bill No. 350
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act generally revising the laws relating to the commission for human rights; providing that the commission may not hire its own staff; providing that the staff of the commission is not independent of the commission or of labor; providing that commission staff may not file a complaint on behalf of another person; requiring the commission to adopt the montana rules of civil procedure, the montana rules of evidence, and appropriate rules of the montana code of criminal procedure as part of its procedural rules; requiring a pattern or practice that shows a conscious and intentional disregard for the prohibition against discrimination in housing advertisements before a violation occurs; providing that the commission may not apply to a district court for a preliminary injunction against a respondent; requiring commission staff to inform a potential respondent within 1 working day after receipt of a complaint; preventing the commission from requesting a change of venue in a contested case hearing; prohibiting commission staff from petitioning a district court for enforcement of a commission order; restricting the commission from denying removal of a case to district court; allowing a respondent to remove a case to district court; requiring a case removed to district court to be heard de novo; revising penalty provisions; providing that a person may avoid self-incrimination in discrimination cases; amending sections 2-15-1706, 49-2-203, 49-2-204, 49-2-305, 49-2-501, 49-2-503, 49-2-504, 49-2-505, 49-2-506, 49-2-508, 49-2-509, 49-2-510, and 49-2-601, MCA; and providing an immediate effective date and a retroactive applicability date."
Be it enacted by the Legislature of the State of Montana:
NEW SECTION. Section 1. Purpose. It is the intent of the legislature that the commission sit in independent judgment of complaints of alleged discrimination in Montana and that the commission staff operate under the direction and control of the commissioner of labor. The staff is not independent of the commissioner. It is the intent of the legislature that the commission and the commission staff not favor or assist, directly or indirectly, complainants or respondents with procedural or substantive matters of discrimination in Montana. The commission shall maintain the highest standards of objectivity and impartiality when judging cases asserting alleged discrimination in Montana.
Section 2. Section 2-15-1706, MCA, is amended to read:
"2-15-1706. Commission for human rights -- allocation -- quasi-judicial. (1) There is a commission for human rights.
(2) The commission consists of five members appointed by the governor with the consent of the senate.
(3) The commission is designated as a quasi-judicial board for the purposes of 2-15-124 and its members shall must be
compensated and receive travel expenses as provided for in 2-15-124.
(4) The commission is allocated to the department of labor and industry for administrative purposes only as provided in
2-15-121, except that the commission may hire its own personnel, may seek and receive private and federal funds in its
own name, and may determine all matters of policy concerning the use of its budget. Subsection (2)(d) of 2-15-121 shall
not apply for purposes of this section."
Section 3. Section 49-2-203, MCA, is amended to read:
"49-2-203. Subpoena power. (1) The commission may subpoena witnesses, take the testimony of any person under oath,
administer oaths, and, in connection therewith, require the production for examination of books, papers, or other tangible
evidence relating to a matter either under investigation by the commission staff or in question before the commission. The
commission may delegate the foregoing powers to a person within the staff for the purpose of investigating a complaint.
(2) Subpoenas issued pursuant to this section may be enforced as provided in 2-4-104 of the Montana Administrative Procedure Act."
Section 4. Section 49-2-204, MCA, is amended to read:
"49-2-204. Commission to adopt rules. The commission shall adopt procedural and substantive rules necessary to
implement this chapter. Rulemaking procedures shall must comply with the requirements of the Montana Administrative
Procedure Act. At a minimum, the commission shall adopt as part of its procedural rules the Montana Rules of Civil
Procedure and the Montana Rules of Evidence. The commission may adopt a portion of the Montana Code of Criminal
Procedure, as it considers appropriate."
Section 5. Section 49-2-305, MCA, is amended to read:
"49-2-305. Discrimination in housing -- exemptions. (1) It is an unlawful discriminatory practice for the owner, lessee, or manager having the right to sell, lease, or rent a housing accommodation or improved or unimproved property or for any other person:
(a) to refuse to sell, lease, or rent the housing accommodation or property to a person because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin;
(b) to discriminate against a person because of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the use, sale, lease, or rental of the housing accommodation or property;
(c) to make an inquiry of the sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin of a person seeking to buy, lease, or rent a housing accommodation or property for the purpose of discriminating on the basis of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin;
(d) to refuse to negotiate for a sale or to otherwise make unavailable or deny a housing accommodation or property because of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin;
(e) to represent to a person that a housing accommodation or property is not available for inspection, sale, or rental because of that person's sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin when the housing accommodation or property is in fact available; or
(f) for profit, to induce or attempt to induce a person to sell or rent a housing accommodation or property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin.
(2) The rental of sleeping rooms in a private residence designed for single-family occupancy in which the owner also
resides is excluded from the provisions of subsection (1), provided that if the owner rents no more than three sleeping
rooms within the residence.
(3) (a) It Except as provided in subsection (3)(b), it is an unlawful discriminatory practice to make, print, or publish or
cause to be made, printed, or published any notice, statement, or advertisement that indicates any preference, limitation, or
discrimination that is prohibited by subsection (1) or any intention to make or have a prohibited preference, limitation, or
discrimination.
(b) If the printing or publication of the notice, statement, or advertisement was by a person regularly engaged in the business of publishing classified housing notices, statements, or advertisements, subsection (3)(a) is not violated unless it is shown that the printing or publication of the notice, statement, or advertisement is part of a pattern or practice of printing or publishing notices, statements, or advertisements in violation of subsection (3)(a) that demonstrates a conscious and intentional disregard for the provisions of subsections (1) and (3)(a).
(4) It is an unlawful discriminatory practice for a person to discriminate because of a physical or mental disability of a buyer, lessee, or renter; a person residing in or intending to reside in or on the housing accommodation or property after it is sold, leased, rented, or made available; or any person associated with that buyer, lessee, or renter:
(a) in the sale, rental, or availability of the housing accommodation or property;
(b) in the terms, conditions, or privileges of a sale or rental of the housing accommodation or property; or
(c) in the provision of services or facilities in connection with the housing accommodation or property.
(5) For purposes of subsections (1) and (4), discrimination because of physical or mental disability includes:
(a) refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied
or to be occupied by the person with a disability if the modifications may be necessary to allow the person full enjoyment
of the premises, except that in the case of a lease or rental, the landlord may, where when it is reasonable to do so,
condition permission for a modification on the lessor's or renter's agreement to restore the interior of the premises to the
condition that existed before the modification, except for reasonable wear and tear;
(b) refusal to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to allow the person equal opportunity to use and enjoy a housing accommodation or property; or
(c) (i) except as provided in subsection (5)(c)(ii), in connection with the design and construction of a covered multifamily
housing accommodation, a failure to design and construct the housing accommodation in a manner that:
(A) provides at least one accessible building entrance on an accessible route;
(B) makes the public use and common use portions of the housing accommodation readily accessible to and usable by a person with a disability;
(C) provides that all doors designed to allow passage into and within all premises within the housing accommodation are sufficiently wide to allow passage by a person with a disability who uses a wheelchair; and
(D) ensures that all premises within the housing accommodation contain the following features of adaptive design:
(I) an accessible route into and through the housing accommodation;
(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later installation of grab bars; and
(IV) usable kitchens and bathrooms that allow an individual who uses a wheelchair to maneuver about the space;
(ii) a covered multifamily housing accommodation that does not have at least one building entrance on an accessible route
because it is impractical to do so due to because of the terrain or unusual characteristics of the site is not required to comply
with the requirements of subsection (5)(c)(i).
(6) For purposes of subsection (5), the term "covered multifamily housing accommodation" means:
(a) a building consisting of four or more dwelling units if the building has one or more elevators; and
(b) ground floor units in a building consisting of four or more dwelling units.
(7) (a) It is an unlawful discriminatory practice for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate because of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin against a person in making available a transaction or in the terms or conditions of a transaction.
(b) For purposes of this subsection (7), the term "residential real estate-related transaction" means any of the following:
(i) the making or purchasing of loans or providing other financial assistance:
(A) for purchasing, constructing, improving, repairing, or maintaining a housing accommodation or property; or
(B) secured by residential real estate; or
(ii) the selling, brokering, or appraising of residential real property.
(8) It is an unlawful discriminatory practice to:
(a) deny a person access to or membership or participation in:
(i) a multiple-listing service;
(ii) a real estate brokers' organization; or
(iii) any other service, organization, or facility relating to the business of selling, leasing, or renting housing
accommodations or property; or to
(b) discriminate against the person referred to in subsection (8)(a) in the terms or conditions of access, membership, or participation because of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin.
(9) It is an unlawful discriminatory practice to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of or because of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of a right granted or protected by this section.
(10) The prohibitions of this section against discrimination because of age and familial status do not extend to housing for older persons. "Housing for older persons" means housing:
(a) provided under any state or federal program specifically designed and operated to assist elderly persons;
(b) intended for, and solely occupied by, persons 62 years of age or older; or
(c) intended and operated for occupancy by at least one person 55 years of age or older per unit in accordance with the provisions of 42 U.S.C. 3607(b)(2)(C) and (3) and 24 CFR 100.304, as those sections read on October 1, 1989.
(11) The prohibitions of subsection (1) against discrimination because of age and familial status do not extend to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies one of the living quarters as the owner's residence.
(12) For purposes of this section, "familial status" means having a child or children who live or will live with a person. A distinction based on familial status includes one that is based on the age of a child or children who live or will live with a person."
Section 6. Section 49-2-501, MCA, is amended to read:
"49-2-501. Filing complaints. (1) A complaint may be filed by or on behalf of any person claiming to be aggrieved by
any discriminatory practice prohibited by this chapter. The complaint must be in the form of a written, verified complaint
stating the name and address of the person, educational institution, financial institution, or governmental entity or agency
alleged to have engaged in the discriminatory practice and the particulars of the alleged discriminatory practice. The
commission staff may file a complaint in like manner when a discriminatory practice comes to its attention.
(2) (a) Except as provided in 49-2-510 and subsection (2)(b) of this section, a complaint under this chapter must be filed with the commission within 180 days after the alleged unlawful discriminatory practice occurred or was discovered.
(b) If the complainant has initiated efforts to resolve the dispute underlying the complaint by filing a grievance in accordance with any grievance procedure established by a collective bargaining agreement, contract, or written rule or policy, the complaint may be filed within 180 days after the conclusion of the grievance procedure if the grievance procedure concludes within 120 days after the alleged unlawful discriminatory practice occurred or was discovered. If the grievance procedure does not conclude within 120 days, the complaint must be filed within 300 days after the alleged unlawful discriminatory practice occurred or was discovered.
(c) Any complaint not filed within the times set forth herein in this section may not be considered by the commission."
Section 7. Section 49-2-503, MCA, is amended to read:
"49-2-503. Temporary relief by court order. At any time after a complaint is filed under this chapter, a district court
may, upon the application of the commission or the complainant, enter a preliminary injunction against a respondent in the
case. The procedure for granting the order is as provided by statute for preliminary injunctions in civil actions."
Section 8. Section 49-2-504, MCA, is amended to read:
"49-2-504. Informal settlement. The commission staff shall informally investigate the matters set out in a filed
complaint promptly and impartially. If the staff determines that the allegations are supported by substantial a preponderance
of the evidence, it shall immediately try to eliminate the discriminatory practice by conference, conciliation, and
persuasion. The staff shall, upon the first working day following receipt of a filed complaint, notify a potential respondent
that the respondent is the subject of a filed complaint. The notification must be in writing and must include a copy of the
filed complaint, together with all documents submitted to the commission or its staff with the complaint."
Section 9. Section 49-2-505, MCA, is amended to read:
"49-2-505. Contested case hearing. (1) If the informal efforts to eliminate the alleged discrimination are unsuccessful,
the staff shall inform the commission of the failure and the commission shall cause written notice to be served, together
with a copy of the complaint, requiring the person, educational institution, financial institution, or governmental entity or
agency charged in the complaint to answer the allegations of the complaint at a hearing before the commission.
(2) The hearing must be held by the commission in the county where the unlawful conduct is alleged to have occurred
unless the person, institution, entity, or agency charged in the complaint or the commission requests a change of venue for
good cause shown. The case in support of the complaint may be presented before the commission by the staff, the
complainant, or an attorney representing the complainant. The hearing and any subsequent proceedings under this chapter
must be held in accordance with the Montana Administrative Procedure Act except as provided in 49-2-508 Rules of Civil
Procedure.
(3) The commission may make provisions for defraying the expenses of an indigent party in a contested case hearing held pursuant to this chapter.
(4) The prevailing party in a hearing under this section may bring an action in district court for attorneys' attorney fees. The
court in its discretion may allow the prevailing party reasonable attorneys' attorney fees. An action under this section must
comply with the Montana Rules of Civil Procedure."
Section 10. Section 49-2-506, MCA, is amended to read:
"49-2-506. Procedure upon a finding of discrimination. (1) If the commission finds that a person, institution, entity, or
agency against whom a complaint was filed has engaged in the discriminatory practice alleged in the complaint, the
commission shall order him the person or it the institution, entity, or agency to refrain from engaging in the discriminatory
conduct. The order may:
(a) prescribe conditions on the accused's future conduct relevant to the type of discriminatory practice found;
(b) require any reasonable measure to correct the discriminatory practice and to rectify any harm, pecuniary or otherwise, to the person discriminated against;
(c) require a report on the manner of compliance.
(2) Except as provided in 49-2-510, the The order may not require the payment of any punitive damages.
(3) Whenever a commission order or conciliation agreement requires inspection by the commission staff for a period of
time to determine if the respondent is complying with that order or agreement, the period of time may not be more than 3
years 1 year."
Section 11. Section 49-2-508, MCA, is amended to read:
"49-2-508. Enforcement of commission order. If the commission's order is not obeyed, the commission staff or a party
may petition the district court in the county where the discriminatory practice occurred or in which the respondent resides
or transacts business to enforce the commission's order by any appropriate order."
Section 12. Section 49-2-509, MCA, is amended to read:
"49-2-509. Filing a Removal of complaint in to district court. (1) Except as provided in subsection (2) or with respect
to complaints alleging a violation of 49-2-305, the commission staff shall, at the request of either party, issue a letter
entitling the complainant or the respondent to file remove a discrimination action in to district court if:
(a) the commission has not yet held a contested case hearing pursuant to 49-2-505; and
(b) 12 months have elapsed since the complaint was filed.
(2) The commission staff may not refuse to permit removal of a case to district court if unless:
(a) the party requesting removal fails to comply with the terms of a lawful subpoena issued in the investigative process;
(b)(a) the party requesting removal has waived the right to request removal to the district court;
(c)(b) more than 30 days have elapsed since service of notice of hearing under 49-2-505, unless the commission fails to
schedule a hearing to be held within 90 days of service of notice of hearing; or
(d)(c) the party requesting removal has unsuccessfully attempted through court litigation to prevent the commission staff
from investigating the complaint.
(3) The commission staff may shall dismiss a complaint filed under 49-2-501 this chapter and allow the complainant to
may file a discrimination action in district court if:
(a) the commission staff determines that the commission lacks jurisdiction over the complaint;
(b) the complainant fails to cooperate in the staff's investigation of the complaint or fails to keep the commission advised of changes of address; or
(c) the commission staff determines that the allegations of the complaint are not supported by substantial evidence.
(4) A decision of the commission staff to dismiss a complaint brought under this chapter or to refuse to permit removal to
the district court is final unless a party seeks review by filing objections within 14 days after the decision is served on him
the party. The commission shall review the decision in informal proceedings under 2-4-604, except that 2-4-604(5) applies
only to review of a refusal to permit removal. A party may ask the district court to review a decision of the commission
made under this part. The review must be de novo.
(5) Within 90 days after receipt of a notice of dismissal under subsection (3) or an order under subsection (4) of affirmance
of a dismissal, whichever occurs later, or of a letter issued under subsection (1), the complainant may petition the district
court in the district in which the alleged violation occurred for appropriate relief. Except as provided in 49-2-510, if the
claimant fails to petition the district court within 90 days after receipt of the letter, notice, or order issued by the
commission staff, the claim shall be is barred.
(6) If the district court finds, in an action under this section, that a person, institution, entity, or agency against whom or which a complaint was filed has engaged in the unlawful discriminatory practice alleged in the complaint, the court may provide the same relief as described in 49-2-506 for a commission order. In addition, the court may in its discretion allow the prevailing party reasonable attorney fees.
(7) The provisions of this chapter establish the exclusive remedy for acts constituting an alleged violation of this chapter,
including acts that may otherwise also constitute a violation of the discrimination provisions of Article II, section 4, of the
Montana constitution or 49-1-102. No other Another claim or request for relief based upon such the acts may not be
entertained by a district court other than by the procedures specified in this chapter."
Section 13. Section 49-2-510, MCA, is amended to read:
"49-2-510. Procedures and remedies for enforcement of housing discrimination laws. (1) A complaint may be filed
with the commission by or on behalf of a person claiming to be aggrieved by any discriminatory practice prohibited by
49-2-305. The complaint must be in written form and must be filed with the commission within 1 year 90 days after the
alleged unlawful discriminatory practice occurred or was discovered.
(2) (a) Except as provided in subsection (2)(b), if If the commission, in a hearing under 49-2-505, finds that a person,
institution, entity, or agency against whom a complaint was filed under this part has engaged in a discriminatory practice in
violation of 49-2-305, the commission may, in addition to the remedies and injunctive and other equitable relief provided
by 49-2-506, to vindicate the public interest, assess a civil penalty pursuant to the statutes governing the award of punitive
damages in this state:
(i)(a) in an amount not exceeding $10,000 if the respondent has not been found adjudged in any prior judicial or formal
administrative proceeding to have committed any prior discriminatory housing practice in violation of 49-2-305; and
(ii)(b) in an amount not exceeding $25,000 if the respondent has been found adjudged in any prior judicial or formal
administrative proceedings to have committed one other or more similar discriminatory housing practice practices in
repeated violation of a subsection of 49-2-305 during the 5-year period ending on the date of the filing of the written
complaint; and.
(iii) in an amount not exceeding $50,000 if the respondent has been found to have committed two or more discriminatory
housing practices in violation of 49-2-305 during the 7-year period ending on the date of the filing of the complaint.
(b) If the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the
same natural person who has been previously found to have committed acts constituting a discriminatory housing practice,
the civil penalties provided in subsections (2)(a)(ii) and (2)(a)(iii) may be imposed without regard to the period of time
within which any prior discriminatory housing practice occurred.
(3) In the case of an order with respect to a discriminatory housing practice in violation of 49-2-305 that occurred in the
course of a business subject to licensing or regulation by a governmental agency, the commission shall, no later than 30
days after the date of the issuance of the order or, if the order is judicially reviewed, no later than 30 days after the order is
in substance affirmed:
(a) send copies of the findings of fact, the conclusions of law, and the order to the licensing or regulatory agency; and
(b) recommend to the licensing or regulatory agency appropriate disciplinary action, including, where appropriate, the
suspension or revocation of the license of the respondent.
(4) (a) When a complaint is filed under 49-2-305, a complainant, or a respondent, or aggrieved person on whose behalf the
complaint was filed may elect to have the claims decided in a civil action in lieu of a hearing under 49-2-505. The election
must be made no later than 20 days after receipt by the electing person of service of notice of certification for hearing under
49-2-505. The person making the election shall give notice to the commission and to all other complainants and
respondents to whom the complaint relates named in the complaint. Within 30 days after the election is made, the
commission complainant shall commence a civil action in an appropriate district court on behalf of the aggrieved person if
the commission staff has made a finding that the allegations of the complaint are supported by substantial evidence. If the
commission staff has made a finding that the allegations of the complaint are not supported by substantial evidence, the
complainant may commence a civil action in an appropriate district court in accordance with subsection (5). An aggrieved
person with respect to the issues to be determined in a civil action brought by the commission staff may intervene in the
action.
(b) The commission may not continue administrative proceedings on a complaint after an election is made in accordance with subsection (4)(a).
(5) (a) An aggrieved person may commence a civil action in an appropriate district court within 2 years after an alleged unlawful discriminatory practice under 49-2-305 occurred or was discovered or within 2 years of the breach of a conciliation agreement entered into under 49-2-504 in a case alleging a violation of 49-2-305. The computation of the 2-year period does not include any time during which an administrative proceeding under this title was pending with respect to a complaint alleging a violation of 49-2-305. The tolling of the time limit for commencing a civil action does not apply to actions arising from breach of a conciliation agreement.
(b) An aggrieved person may commence a civil action under this subsection for a violation of 49-2-305 whether or not a complaint has been filed under 49-2-501 and without regard to the status of a complaint filed with the commission except as provided in subsection (5)(d). If the commission has obtained a conciliation agreement with the consent of the aggrieved person, an action may not be filed under this subsection by the aggrieved person regarding the alleged violation of 49-2-305 that forms the basis for the complaint except for the purpose of enforcing the terms of the agreement.
(c) The commission may not continue administrative proceedings on a complaint after the beginning of a trial of a civil action commenced by the aggrieved party under this subsection (5) seeking relief with respect to the same alleged violation of 49-2-305.
(d) An aggrieved person may not commence a civil action under this subsection (5) with respect to an alleged violation of 49-2-305 if the commission has commenced a hearing on the record under 49-2-505 regarding the same complaint.
(e) Upon application by a person alleging a violation of 49-2-305 in a civil action under this subsection (5) or by a person against whom the violation is alleged, the court may:
(i) appoint an attorney for the applicant and the respondent; or
(ii) authorize the commencement or continuation of a civil action without the payment of fees, costs, or security if, in the
opinion of the court, the applicant party is financially unable to bear the costs of the civil action. As in all actions brought in
forma pauperis, the burden of showing lack of financial ability rests with the party claiming financial hardship.
(f) Upon timely application, the commission may intervene in a civil action brought under this subsection (5) if the
commission certifies that the case is of general public importance. Upon intervention, the commission may obtain the same
relief that would be available to the commission under subsection (7).
(6) If the court finds that a person, institution, entity, or agency against whom a complaint was filed under this section has
been adjudicated in a civil or formal administrative proceeding to have engaged in a similar discriminatory practice in
violation of a subsection of 49-2-305, the court may, in addition to the other remedies and injunctive and other equitable
relief provided under 49-2-506 consistent with the provisions of subsection (2), award punitive additional damages. The
court may also award attorney fees to the substantively prevailing party.
(7) (a) Whenever the commission has reasonable cause to believe that a person or group of persons is engaged in a pattern
or practice in violation of 49-2-305 or that a group of persons has been discriminated against in violation of 49-2-305 and
the denial raises an issue of general public importance, the commission may commence a civil action in an appropriate
district court. The commission may also commence a civil action in any appropriate district court for relief regarding
breach of a conciliation agreement in a case regarding an alleged violation of 49-2-305 if the commission is a party to the
agreement.
(b) The commission may file a civil action under this subsection (7) within 18 months after the alleged breach of the
conciliation agreement or unlawful discriminatory practice occurred or was discovered.
(c) In a civil action under this subsection (7), the court may, in addition to the remedies provided under 49-2-506, assess a
civil penalty against the respondent:
(i) in an amount not exceeding $50,000 for a first violation; and
(ii) in an amount not exceeding $100,000 for any subsequent violation.
(d) Upon timely application, a person may intervene in a civil action under this subsection (7) that involves an alleged
violation of 49-2-305 with respect to which the intervenor is an aggrieved person.
(8)(7) Civil All civil and administrative penalties and other revenue generated under this section must be paid to the state
treasurer to be deposited in an account in the state special revenue fund to be used by the commission for housing
discrimination enforcement part must be deposited into the state's general fund."
Section 14. Section 49-2-601, MCA, is amended to read:
"49-2-601. Criminal penalty. A (1) Except as provided in subsection (2), a person, who or an educational institution, or
financial institution, either public or private, or a governmental entity or agency who or which that willfully engages in an
unlawful discriminatory practice prohibited by this chapter or willfully resists, prevents, impedes, or interferes with the
commission, the department, or any of its authorized representatives in the performance of a duty under this chapter or who
or which willfully violates an order of the commission or willfully violates this chapter in any other manner is guilty of a
misdemeanor and is punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.
(2) A person may not be subject to any penalty under this section if the person acts in a manner consistent with the protection of the person's rights to avoid criminal or civil self-incrimination."
NEW SECTION. Section 15. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 49, chapter 2, part 2, and the provisions of Title 49, chapter 2, part 2, apply to [section 1].
NEW SECTION. Section 16. Retroactive applicability. The provisions of 49-2-305(3)(b) apply retroactively, within the meaning of 1-2-109, to any proceeding pending on or commenced on or after [the effective date of this act], regardless of when the printing or publication occurred, if the proceeding was commenced by the commission for human rights staff in the absence of a complaint by an aggrieved person.
NEW SECTION. Section 17. Effective date. [This act] is effective on passage and approval.
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