2001 SESSION

01-2129

05/10

HOUSE BILL 1304

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill prohibits preferences in hiring, promotion, or admission by state agencies, the university system, the regional community-technical colleges, and the postsecondary education commission. The bill also prohibits any of these institutions from establishing quotas, goals, or guidelines for hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2129

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Department of Administrative Services; Classified Employees; Quotas, Goals, or Guidelines Based on Race, Sex, National Origin, Religion, or Sexual Orientation Prohibited. Amend RSA 21-I:52, I to read as follows:

I. No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of the person's political opinions, religious beliefs or affiliations, age, sex, or race. In addition, no person shall have any such employment action taken on account of such person's sexual orientation. No quotas, goals, or guidelines for hiring or promotion based on race, sex, national origin, religion, or sexual orientation may be established. Nothing in this section shall require the appointment or prevent the dismissal of any person who advocates the overthrow of the government by unconstitutional and violent means. No person shall use, or promise to use directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. No employee in the state classified service shall hold any remunerative elective public office, or have other employment, either of which creates an actual, direct and substantial conflict of interest with the employee's employment, which conflict cannot be alleviated by said employee abstaining from actions directly affecting such classified employment. Determination of such conflict shall be made by the personnel appeals board after the parties are afforded rights to a hearing pursuant to RSA 21-I:58. The burden of proof in establishing such a conflict shall be upon the party alleging it. No action affecting said employee shall be taken by the appointing authority because of such public office or other employment until after a full hearing before and approval of such action by the personnel appeals board. If an actual, direct and substantial conflict of interest, which cannot be alleviated by abstention by the employee, is found by the personnel appeals board, the board must approve any action proposed by the appointing authority; and the employee shall be given a reasonable amount of time to leave the employee's public office or other employment or otherwise end the conflict before the appointing authority initiates that action.

2 New Section; State College and University System; Anti-Discrimination Policy. Amend RSA 187-A by inserting after section 16 the following new section:

187-A:16-a Anti-Discrimination Policy. The trustees of the university system shall not use race, sex, national origin, religion, or sexual orientation as a consideration for hiring, promotion, or admission to the university system; nor shall the university system establish any quotas, goals, or guidelines for hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation.

3 New Section; Regional Community-Technical Colleges; Anti-Discrimination Policy. Amend RSA 188-F by inserting after section 2-a the following new section:

188-F:2-b Anti-Discrimination Policy. The regional community-technical colleges shall not use race, sex, national origin, religion, or sexual orientation as a consideration for hiring, promotion, or admission; nor shall any of these institutions establish any quotas, goals, or guidelines for hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation.

4 Postsecondary Education Commission; Staff; Anti-Discrimination Policy. Amend RSA 188-D:4 to read as follows:

188-D:4 Staff. The commission is hereby authorized to employ such staff as may be necessary to carry out its work within the limits of its appropriation. The commission shall not use race, sex, national origin, religion, or sexual orientation as a consideration in the hiring or promotion of staff; nor shall the commission establish any quotas, goals, or guidelines for the hiring or promotion of staff based on race, sex, national origin, religion, or sexual orientation.

5 Repeal. RSA 188-D:3, relative to criteria for appointments to the postsecondary education commission, is repealed.

6 Effective Date. This act shall take effect 60 days after its passage.