UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING MONTANA'S FAIR HOUSING LAWS; CHANGING THE STANDING REQUIREMENTS FOR BRINGING A DISCRIMINATION COMPLAINT; ALLOWING THE DEPARTMENT OF LABOR AND INDUSTRY TO FILE A COMPLAINT ON BEHALF OF ANOTHER PERSON IN RELATION TO HOUSING DISCRIMINATION; CHANGING THE STANDARD OF PROOF IN DISCRIMINATION CASES FROM A PREPONDERANCE OF THE EVIDENCE TO SUBSTANTIAL EVIDENCE; SHORTENING THE TIME FOR COMPLETION OF AN INVESTIGATION IN HOUSING DISCRIMINATION CASES FROM 120 DAYS TO 100 DAYS; EXTENDING THE TIME FOR FILING HOUSING COMPLAINTS FROM 180 DAYS TO 1 YEAR; CLARIFYING THE TIMEFRAMES FOR CONDUCTING HEARINGS AND CONCLUDING ADMINISTRATIVE PROCEEDINGS; REVISING CONTESTED CASE HEARING PROCEDURES FOR HOUSING DISCRIMINATION CASES; REVISING CIVIL PENALTIES FOR HOUSING DISCRIMINATION VIOLATIONS; AND AMENDING SECTIONS 49-2-101, 49-2-204, 49-2-501, 49-2-504, 49-2-505, 49-2-509, AND 49-2-510, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 49-2-101, MCA, is amended to read:
"49-2-101. Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:
(1) "Age" means number of years since birth. It does not mean level of maturity or ability to handle responsibility. These latter criteria may represent legitimate considerations as reasonable grounds for discrimination without reference to age.
(2) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest, as distinguished from a
general interest, and who has been or is likely to be specially and injuriously affected by a violation of this chapter.
(3)(2) "Commission" means the commission for human rights provided for in 2-15-1706.
(4)(3) "Commissioner" means the commissioner of labor and industry provided for in 2-15-1701.
(5)(4) "Credit" means the right granted by a creditor to a person to defer payment of a debt, to incur debt and defer its
payment, or to purchase property or services and defer payment. It includes without limitation the right to incur and defer
debt that is secured by residential real property.
(6)(5) "Credit transaction" means any invitation to apply for credit, application for credit, extension of credit, or credit
sale.
(7)(6) "Creditor" means a person who, regularly or as a part of the person's business, arranges for the extension of credit
for which the payment of a financial charge or interest is required, whether in connection with loans, sale of property or
services, or otherwise.
(8)(7) "Department" means the department of labor and industry provided for in 2-15-1701.
(9)(8) "Educational institution" means a public or private institution and includes an academy; college; elementary or
secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional,
secretarial, technical, or vocational school; or agent of an educational institution.
(10)(9) "Employee" means an individual employed by an employer.
(11)(10) "Employer" means an employer of one or more persons or an agent of the employer but does not include a
fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for
private profit or to provide accommodations or services that are available on a nonmembership basis.
(12)(11) "Employment agency" means a person undertaking to procure employees or opportunities to work.
(13)(12) "Financial institution" means a commercial bank, trust company, savings bank, finance company, savings and
loan association, credit union, investment company, or insurance company.
(14)(13) "Housing accommodation" means a building or portion of a building, whether constructed or to be constructed,
that is or will be used as the sleeping quarters of its occupants.
(15)(14) "Labor organization" means an organization or an agent of an organization organized for the purpose, in whole
or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment,
or of other mutual aid and protection of employees.
(16)(15) "National origin" means ancestry.
(17)(16) (a) "Organization" means a corporation, association, or any other legal or commercial entity that engages in
advocacy of, enforcement of, or compliance with legal interests affected by this chapter.
(b) The term does not include a labor organization.
(18)(17) "Person" means one or more individuals, labor unions, partnerships, associations, corporations, legal
representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers,
employment agencies, organizations, or labor organizations.
(19)(18) (a) "Physical or mental disability" means:
(i) a physical or mental impairment that substantially limits one or more of a person's major life activities;
(ii) a record of such an the impairment; or
(iii) a condition regarded as such an impairment under this subsection (18)(a).
(b) Discrimination based on, because of, on the basis of, or on the grounds of physical or mental disability includes the failure to make reasonable accommodations that are required by an otherwise qualified person who has a physical or mental disability. An accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.
(20)(19) (a) "Public accommodation" means a place that caters or offers its services, goods, or facilities to the general
public subject only to the conditions and limitations established by law and applicable to all persons. It includes without
limitation a public inn, restaurant, eating house, hotel, roadhouse, place where food or alcoholic beverages or malt liquors
are sold for consumption, motel, soda fountain, soft drink parlor, tavern, nightclub, trailer park, resort, campground,
barbershop, beauty parlor, bathroom, resthouse, theater, swimming pool, skating rink, golf course, cafe, ice cream parlor,
transportation company, or hospital and all other public amusement and business establishments.
(b) Public accommodation does not include an institution, club, or place of accommodation that proves that it is by its
nature distinctly private. An institution, club, or place of accommodation may not be considered by its nature distinctly
private if it has more than 100 members, provides regular meal service, and regularly receives payment for dues, fees, use of
space, facilities, services, meals, or beverages, directly or indirectly, from or on behalf of nonmembers, for the furtherance of
trade or business. For the purposes of this subsection (20) (19), any lodge of a recognized national fraternal organization is
considered by its nature distinctly private."
Section 2. Section 49-2-204, MCA, is amended to read:
"49-2-204. Rules. (1) The commission shall adopt procedural and substantive rules necessary to implement the commission's responsibilities under this chapter. Rulemaking procedures must comply with the requirements of the Montana Administrative Procedure Act. At a minimum, the commission shall adopt as part of its procedural rules all applicable portions of the Montana Rules of Civil Procedure and the Montana Rules of Evidence. The commission may adopt the procedural provisions of Title 46 as it considers appropriate.
(2) The department shall adopt procedural and substantive rules necessary to implement the department's responsibilities under this chapter. Rules adopted under this chapter must comply with the Montana Administrative Procedure Act. For contested case hearings conducted pursuant to 49-2-505 or 49-2-510, the department shall adopt all applicable portions of the Montana Rules of Civil Procedure and the Montana Rules of Evidence."
Section 3. Section 49-2-501, MCA, is amended to read:
"49-2-501. Filing complaints. (1) A complaint may be filed with the department by any party person claiming to be
aggrieved by any discriminatory practice prohibited by this chapter.
(2) A complaint may be filed on behalf of a party person claiming to be aggrieved by a discriminatory practice prohibited
by this chapter if the person acting on behalf of the aggrieved party person is the aggrieved party's person's guardian,
attorney, or duly authorized representative or an advocacy group, labor organization, or other organization acting as an
authorized representative.
(3) The complaint must be in the form of a written, verified complaint stating the name and address of the party 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.
(4) (a) Except as provided in 49-2-510 and subsection (4)(b) of this section, a complaint under this chapter must be filed with the department 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 in this section may not be considered by the commission or the department."
Section 4. Section 49-2-504, MCA, is amended to read:
"49-2-504. Informal investigation and conciliation. (1) (a) The department shall informally investigate the matters set
out in the complaint promptly and impartially. If the department determines that the allegations are supported by a
preponderance of the substantial evidence, it shall attempt to achieve a resolution of the complaint by conference,
conciliation, and persuasion that, in addition to providing redress for the complaint, includes conditions that eliminate the
discriminatory practice, if any, identified in the investigation. The department shall, within 10 business days following receipt
of a filed complaint, notify a 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. If Except as provided in subsection (1)(b), if requested, the
department shall also provide the parties with all other information related to the complaint in the possession of the
department that is not currently in the possession of the parties or a party. The department shall make known to the parties
the fact that information is available upon request. The department may not investigate a complaint until it has received
notice that the respondent has received the department's notification of the complaint.
(b) If a complaint is filed relative to an employment-related complaint and if the commissioner decides that the inclusion
of documents or information contained in the complaint would seriously impede the rights of a person or the proper
investigation of the complaint, the information may be excluded from the notification by providing a written summary of the
information contained in the complaint. The written summary must include sufficient information to give maximum effect to
the intent of this chapter.
(2) The respondent shall file an answer to a complaint filed with the department within 10 business days of the respondent's receipt of the complaint. An answer may be a response simply admitting or denying the allegations without further specificity or requesting additional information from the department. The time for filing an answer may be extended by a showing of good cause.
(3) The department shall commence proceedings within 30 days after receipt of a complaint.
(4) The In cases alleging a violation of 49-2-305, the department shall complete its investigation and make a finding
regarding the merit or nonmerit of the complaint of whether the complaint is supported by substantial evidence within 180
100 days after a complaint is filed, except that the department shall make the finding within 120 days after a complaint is
filed under 49-2-305 unless it is impracticable to do so. In all other cases, the department shall complete the investigation
and make a finding of whether the complaint is supported by substantial evidence within 180 days, unless it is impracticable
to do so.
(5) If the department is unable to complete the investigation within the time provided in subsection (4), the department shall notify the complainant and respondent in writing of the reasons for not doing so."
Section 5. 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 department shall hold a hearing on the complaint. The department shall serve notice of the hearing and a copy of the complaint on the parties.
(2) (a) If the parties mutually agree to permit the department to retain jurisdiction of the case under this chapter for a
period of time that exceeds 12 months 395 days after the complaint was filed, then the parties shall stipulate to a schedule
for proceedings to be established by the department.
(b) The department shall, not later than 395 days after the complaint was filed, set a date for an administrative hearing in the case.
(c) The case must be heard no later than 90 days after the date is set by the department. The department may, in its sole discretion, issue a continuance of the hearing date only upon a showing of good cause.
(3) (a) The hearing must be held by the department in the county where the unlawful conduct is alleged to have occurred unless a party charged in the complaint requests and is granted a change of venue for good cause shown. The case in support of the complaint may be presented before the department by the complainant or an attorney representing the complainant. The hearing and any subsequent proceedings under this chapter must be held in accordance with the applicable portions of the Montana Rules of Civil Procedure as adopted by the department.
(b) Upon request of the hearings officer, the department may present evidence with regard to activity conducted.
However, except in cases brought pursuant to 42 U.S.C. 3601, et seq. alleging a violation of 49-2-305, the department may
not represent either party in a contested case hearing.
(4) A party may appeal a decision of the hearings officer to the commission. A party shall provide notice of its appeal to the commission, the department, and all parties within 10 business days of receipt of the notice of decision of the administrative hearing. The commission shall hear all appeals within 120 days of receipt of notice of appeal. The commission shall render a decision within 90 days of hearing the appeal. A party who is dissatisfied with a final decision of the commission is entitled to judicial review in accordance with Title 2, chapter 4, part 7.
(5) All hearings conducted under this section may, upon stipulation of the parties, be heard telephonically.
(6) The commission may make provisions for defraying the expenses of an indigent party in a contested case hearing held pursuant to this chapter.
(7) The prevailing party in a hearing under this section may bring an action in district court for attorney fees. The court in its discretion may allow the prevailing party reasonable attorney fees. An action under this section must comply with the Montana Rules of Civil Procedure."
Section 6. Section 49-2-509, MCA, is amended to read:
"49-2-509. Conclusion of complaint -- filing in district court. (1) Except as provided in subsection (2), the
department shall, at the request of either party, conclude the administrative proceedings if:
(a) the department has completed its investigation of a complaint filed pursuant to 49-2-305; or
(b) 12 months have elapsed since the complaint was filed.
(2) The department may not refuse to conclude the administrative proceedings unless:
(a) the party requesting the conclusion of the administrative proceedings has waived the right to request filing in the
district court;
(b) more than 30 days have elapsed since service of notice of hearing under 49-2-505, unless the department fails to
schedule a hearing to be held within 90 days of service of notice of hearing; or
(c) the party requesting conclusion of the administrative proceedings has unsuccessfully attempted through court
litigation to prevent the department from investigating the complaint.
(3)(1) The department shall dismiss a complaint filed under this chapter and the complainant may file a discrimination
action in district court if:
(a) the commission or the department lacks jurisdiction over the complaint;
(b) the complainant fails to cooperate in the investigation of the complaint or fails to keep the department advised of changes of address;
(c) the department determines that the allegations of the complaint are not supported by a preponderance of the
substantial evidence; or
(d) the department determines that the commission or the except for complaints alleging a violation of 49-2-305 and
except as provided in subsection (2), upon request of a party, the department will not or cannot hold a has not set a date for
hearing within 12 months 395 days after the filing of the complaint.
(2) The department may not refuse to dismiss the complaint upon receipt of request from a party under subsection (1)(d) unless:
(a) the party requesting dismissal has waived the right to request dismissal;
(b) more than 30 days have elapsed since service of notice of hearing under 49-2-505, unless the department fails to schedule a hearing to be held within 90 days of service of notice of hearing;
(c) the party requesting dismissal has unsuccessfully attempted through court litigation to prevent the department from investigating the complaint; or
(d) the parties have stipulated to extend the department's jurisdiction.
(4)(3) A decision of the department to dismiss a complaint brought under this chapter or to refuse to permit removal to
the district court dismiss is final unless a party seeks review by filing objections within 14 days after the decision is served on
the party. The commission shall review the decision in informal proceedings under 2-4-604. A party may ask the district
court to review a decision of the commission made under this section. The review must be de novo.
(5)(4) Within 90 days after receipt of a notice of dismissal under subsection (1) or (3) or an order under subsection (4)
(3) of affirmance of a dismissal, whichever occurs later, or of a letter issued under subsection (1), the complainant may
commence a civil action in the district court in the district in which the alleged violation occurred for appropriate relief.
Except as provided in 49-2-510, if the complainant fails to commence a civil action in the district court within 90 days after
receipt of the letter, notice, of dismissal or order issued by the commission or the department, the claim is barred.
(6)(5) 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)(6) The provisions of this chapter establish the exclusive remedy for acts constituting an alleged violation of chapter 3
or 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. A claim or request for relief based upon the acts may not be entertained
by a district court other than by the procedures specified in this chapter."
Section 7. Section 49-2-510, MCA, is amended to read:
"49-2-510. Procedures and remedies for enforcement of housing discrimination laws -- contested case hearing.
(1) A complaint may be filed with the department by or on behalf of a party person claiming to be aggrieved by any
discriminatory practice prohibited by 49-2-305. The complaint must be in written form, verified by the aggrieved party, and
must be filed with the department within 180 days 1 year after the alleged unlawful discriminatory practice occurred or was
discovered. The provisions of 49-2-504 concerning investigation and conciliation apply to the complaint.
(2) If the department determines that the allegations of the complaint are supported by substantial evidence and the informal efforts to eliminate the alleged discrimination are unsuccessful, the department shall cause written notice to be served, together with a copy of the complaint, requiring the person charged in the complaint to answer the allegations of the complaint at a hearing before the department.
(3) (a) When a complaint is filed alleging a violation of 49-2-305, a complainant, 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 subsection (4). 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 subsection (4). The person making the election shall give notice to the department and to all other complainants and respondents to whom the complaint relates. Within 30 days after the election is made, the complainant, the department, or the aggrieved person may commence a civil action in an appropriate district court on behalf of the aggrieved person if the department has made a finding that the allegations of the complaint are supported by substantial evidence. If the department 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 (7). An aggrieved person with respect to the issues to be determined in a civil action brought by the department may intervene in the action.
(b) The department may not continue administrative proceedings on a complaint after an election is made in accordance with subsection (3)(a).
(4) If an election is not made under subsection (3), the department shall hold a hearing in accordance with 49-2-505, except that 49-2-505(2) does not apply to hearings under this section. In addition to the provisions of 49-2-505, in a hearing under this section:
(a) the case in support of the complaint may be presented by the department, the complainant, or an attorney representing the complainant; and
(b) the department and the commission shall complete the administrative proceedings and make a final decision in the case within 1 year of the date of receipt of the complaint, unless it is impracticable to do so. If the department and commission are unable to complete the hearing and make a final decision within 1 year, the department shall notify the parties in writing of the reasons for not doing so.
(2)(5) (a) If Except as provided in subsection (5)(b), if the department, on appeal, or the commission, in a hearing under
49-2-505 subsection (4), or the commission on appeal finds that a party person against whom a complaint was filed under
this part has engaged in a discriminatory practice in violation of 49-2-305, the department or 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:
(a)(i) in an amount not exceeding $10,000 if the respondent has not been adjudged in any prior judicial or formal
administrative proceeding found to have committed any prior discriminatory housing practice in violation of 49-2-305; and
(b)(ii) in an amount not exceeding $25,000 if the respondent has been adjudged in any prior judicial or formal
administrative proceedings found to have committed one or more similar other discriminatory housing practices practice 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 (5)(a)(ii) and (5)(a)(iii) may be imposed without regard to the period of time within which any prior discriminatory housing practice occurred.
(3)(6) 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 department 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 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 department and to all complainants and other respondents named in the complaint. Within 30 days after the
election is made, the complainant, the commissioner, or the aggrieved party may commence a civil action in an appropriate
district court on behalf of the aggrieved party if the department has made a finding that the allegations of the complaint are
supported by a preponderance of the evidence. If the department has made a finding that the allegations of the complaint are
not supported by a preponderance of the evidence, the complainant may commence a civil action in an appropriate district
court in accordance with subsection (5). An aggrieved party with respect to the issues to be determined in a civil action
brought by the department may intervene in the action.
(b) The department may not continue administrative proceedings on a complaint after an election is made in accordance
with subsection (4)(a).
(5)(7) (a) An aggrieved party 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 party person may commence a civil action under this subsection (7) 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
department, except as provided in subsection (5)(d) (7)(d). If the department has obtained a conciliation agreement with the
consent of the aggrieved party person, an action may not be filed under this subsection by the aggrieved party 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 or the department may not continue administrative proceedings on a complaint after the filing
beginning of a trial of a civil action commenced by the aggrieved party person under this subsection (5) (7) seeking relief
with respect to the same alleged violation of 49-2-305.
(d) An aggrieved party person may not commence a civil action under this subsection (5) (7) with respect to an alleged
violation of 49-2-305 if the commission or the department has commenced a hearing on the record under 49-2-505
subsection (4) 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) (7) 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 party applicant 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 department may intervene in a civil action brought under this subsection (7) if the department certifies that the case is of general public importance. Upon intervention, the department may obtain the same relief that would be available to the department under subsection (9).
(6)(8) If the court finds that a party person 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, consistent with the provisions of subsection (2) in addition to the other remedies and injunctive
and other equitable relief provided under 49-2-506, award punitive damages. The court may also award attorney fees to the
substantively prevailing party.
(9) (a) Whenever the department 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 violation raises an issue of general public importance, the department may commence a civil action in an appropriate district court. The department 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 department is a party to the agreement.
(b) The department may file a civil action under this subsection (9) 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 (9), 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 (9) that involves an alleged violation of 49-2-305 with respect to which the intervenor is an aggrieved person.
(7) (a)(10) Except as provided in subsection (7)(b), all civil and administrative Civil penalties and other revenue
generated under this part section must be paid to the state treasurer to be deposited in the state general fund.
(b) Damages or penalties, whether monetary or otherwise, may not inure to an organization unless the organization is an
aggrieved party. This section does not affect any amount owed to an aggrieved party."
- END -
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