Terry Roy

TO: House Judiciary Committee FROM: Rep. Terry W. Roy, Chair of Criminal Justice and Public Safety RE: Opposition to HB 1593 – Relative to Nondiscrimination Due to Disability DATE: February 25, 2026 ?Chairman Lynn and Members of the Judiciary Committee, ?I am writing to express my strong opposition to HB 1593. While the bill is framed as a simple codification of federal law, its practical effect would be to create a significant new layer of legal liability for New Hampshire taxpayers and municipalities at a time when we can least afford it. ?As Chair of the Criminal Justice and Public Safety Committee, I look at any expansion of the civil code through the lens of enforcement and liability. HB 1593 presents several critical concerns: ?Indeterminable Fiscal Impact: The fiscal note for this bill admits the impact on state and local expenditures is "indeterminable." In plain English, we are being asked to sign a blank check. By creating a new state-level cause of action, we are inviting a surge in litigation against state agencies and local towns that are already struggling with rising costs and limited staff. ?The "Attorney's Fees" Magnet: Section 354-A:16-b specifically allows for the award of "reasonable attorneys' fees." While this sounds fair in theory, in practice, it creates a massive incentive for "litigation mills" to target small municipalities and local programs over technical or minor grievances. We should not be creating new ways for out-of-state trial lawyers to deplete New Hampshire’s local tax bases. ?Redundancy and Confusion: Federal law (Section 504 of the Rehabilitation Act) already provides robust protections for individuals with disabilities. Codifying this at the state level with slightly different procedures and remedies doesn't simplify the law; it creates a "shadow" legal system that will lead to conflicting court rulings and years of expensive legal clarification. ?Burden on Small Providers: While the bill mentions protections for small providers, the threat of a state-level lawsuit—with the added sting of paying the other side’s legal fees—will be enough to force settlements even when no actual discrimination occurred. This "regulatory chill" will only hurt the very community-based programs our citizens rely on. ?We must protect the rights of all Granite Staters, but we must do so without bankrupting our towns or weaponizing our judicial system. HB 1593 is a solution in search of a problem that federal law already addresses. ?I respectfully urge the committee to vote Inexpedient to Legislate (ITL). ?Respectfully, ?Rep. Terry W. Roy State Representative, Rockingham 31 Chair, House Criminal Justice and Public Safety Committee