SB 429-FN - AS INTRODUCED
2000 SESSION
SENATE BILL 429-FN
AN ACT relative to claims before the state commission for human rights.
SPONSORS: Sen. McCarley, Dist 6; Sen. Cohen, Dist 24; Rep. Keans, Straf 16; Rep. J. Brown, Straf 17
This bill:
I. Provides a right of appeal to superior court on a claim of a discriminatory practice after a finding of no probable cause by a human rights commissioner.
II. Allows a claimant to remove a claim from the commission's jurisdiction and institute a claim directly in superior court.
III. Allows the commission to charge fees for educational services, programs, publications, and other materials.
IV. Changes the quorum to 4 members for purposes of conducting the commission's business.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2692
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to claims before the state commission for human rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Commission for Human Rights; Quorum. Amend RSA 354-A:3, II to read as follows:
II. Any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the unexpired term of the member who is to be succeeded. [Three] Four members of the commission shall constitute a quorum for the purpose of conducting the commission's business, with the exception of hearings conducted pursuant to RSA 354-A:21, II(b). A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission. Each member of the commission shall be entitled to [his] expenses actually and necessarily incurred by [him] the member in the performance of [his] the member's duties.
2 New Paragraph; Powers and Duties of the Commission; Fees for Services and Programs. Amend RSA 354-A:5 by inserting after paragraph XIV the following new paragraph:
XV. To charge reasonable fees for educational services, programs, publications, and other written materials.
3 Commission for Human Rights; Procedure on Complaints. Amend RSA 354-A:21, II(a) to read as follows:
(a) After the filing of any complaint, one of the commissioners designated by the chair shall make, with the assistance of the commission's staff, prompt investigation in connection therewith; during the course of the investigation, the commission shall encourage the parties to resolve their differences through settlement negotiations; and if such commissioner shall determine after such investigation that probable cause exists for crediting the allegations of the complaint, the commissioner shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. The members of the commission and its staff shall not disclose what has occurred in the course of such endeavors, provided that the commission may publish the facts in the case of any complaint which has been dismissed, and the terms of conciliation when the complaint has been so disposed of. When the investigating commissioner finds no probable cause to credit the allegations in the complaint, the complaint shall be dismissed, subject to a right of appeal to superior court. To prevail on appeal, the moving party shall establish that the commission decision is unlawful or unreasonable by a clear preponderance of the evidence. The findings of the investigating commissioner upon questions of fact shall be upheld as long as the record contains credible evidence to support them.
4 Commission for Human Rights; Procedure on Complaints. Amend RSA 354-A:21, II(c) to read as follows:
(c) The case in support of the complaint [shall] may be presented before the commission by [one of its attorneys or agents,] the complainant or complainant's representative and the commissioner who shall have previously made the investigation and caused the notice to be issued shall not participate in the hearing except as a witness, nor shall he participate in the subsequent deliberation of the commission in such case; and the aforesaid endeavors at conciliation shall not be received in evidence. The respondent shall file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. [In the discretion of the commission, the complainant may be allowed to intervene and present testimony in person or by counsel.] The commission or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his answer. The commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and transcribed at the request of any party. The cost of transcription shall be borne by the party requesting the transcript.
5 Commission for Human Rights; Procedure on Complaints. Amend RSA 354-A:21, IV to read as follows:
IV. In administering this section, the commission shall be exempt from the provisions of RSA 541-A:29, II, but shall close each case or commence adjudicative proceedings on such case under RSA [354-A:22] 354-A:21 within 24 months after the filing date of the complaint.
6 New Section; Claims of Unlawful Discriminatory Practices; Choice of Remedy. Amend RSA 354-A by inserting after section 21 the following new section:
354-A:21-a Choice of Remedies. The provisions of RSA 354-A:21 and RSA 354-A:22 shall not be the exclusive state remedy for any person claiming to be aggrieved by an unlawful discriminatory practice. Any such person may remove his or her claim from the jurisdiction of the human rights commission in the first instance and bring an action in the appropriate superior court.
7 Commission for Human Rights; Judicial Review and Enforcement. Amend RSA 354-A:22, I and II to read as follows:
I. Any complainant, respondent or other person aggrieved by such order of the commission may obtain judicial review of the order, and the commission or any interested person may obtain an order of court for its enforcement, in a proceeding as provided in this section. Such proceeding shall be brought in the superior court of the state within any county in which the unlawful practice which is the subject of the commission's order occurs or in which any person required in the order to cease and desist from an unlawful practice or to take other affirmative action resides or transacts business.
II. Such proceeding shall be initiated by the filing of a petition in such court, together with a written transcript of the record upon the hearing before the commission in the case of a petition for judicial review, and issuance and service of an order of notice as in proceedings in equity. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony and proceedings set forth in such transcript an order or decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the commission, with full power to issue injunctions against any respondent and to punish for contempt of court. No objection that has not been urged before the commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
8 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2692
12/17/99
SB 429-FN - FISCAL NOTE
AN ACT relative to claims before the state commission for human rights.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.