HB 491 - AS INTRODUCED

2003 SESSION

03-0865

08/01

HOUSE BILL 491

AN ACT relative to unlawful discriminatory practices in public accommodations.

SPONSORS: Rep. Bruno, Hills 45

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies that exercising civil rights guaranteed by the New Hampshire constitution cannot be used as a lawful reason to discriminate in public accommodations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0865

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to unlawful discriminatory practices in public accommodations.

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

1 Public Accommodations; Unlawful Discriminatory Practices. Amend RSA 354-A:16 to read as follows:

354-A:16 Equal Access to Public Accommodations a Civil Right. The opportunity for every individual to have equal access to places of public accommodation without discrimination because of age, sex, race, creed, color, marital status, physical or mental disability or national origin is hereby recognized and declared to be a civil right. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person's sexual orientation or on account of exercising civil rights enumerated by part 1 of the New Hampshire constitution.

2 Public Accommodations; Unlawful Discriminatory Practices. Amend RSA 354-A:17 to read as follows:

354-A:17 Unlawful Discriminatory Practices in Public Accommodations. It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, because of the age, sex, race, creed, color, marital status, physical or mental disability or national origin of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof; or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of age, sex, race, creed, color, marital status, physical or mental disability or national origin; or that the patronage or custom thereat of any person belonging to or purporting to be of any particular age, sex, race, creed, color, marital status, physical or mental disability or national origin is unwelcome, objectionable or acceptable, desired or solicited. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person's sexual orientation or on account of exercising civil rights enumerated by part 1 of the New Hampshire constitution.

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