HB1549 (2006) Detail

Excluding certain acts based on bona fide economic and public safety considerations from the prohibition against age discrimination in public accommodations.


HB 1549 – AS INTRODUCED

2006 SESSION

06-2828

05/01

HOUSE BILL 1549

AN ACT excluding certain acts based on bona fide economic and public safety considerations from the prohibition against age discrimination in public accommodations.

SPONSORS: Rep. O'Brien, Hills 4; Rep. O'Neil, Rock 15; Rep. Mirski, Graf 10; Sen. Roberge, Dist 9

COMMITTEE: Commerce

ANALYSIS

This bill establishes a limited exemption from the state law prohibiting age discrimination. The bill permits an individual to deny public accommodations to a person under 21 years of age for bona fide economic or public safety reasons, under certain circumstances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2828

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT excluding certain acts based on bona fide economic and public safety considerations from the prohibition against age discrimination in public accommodations.

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

1 New Paragraph; Fair Housing; Exemptions; Bona Fide Economic Reasons. Amend RSA 354-A:13 by inserting after paragraph III the following new paragraph:

IV. Nothing in this chapter shall prohibit the denial of public accommodations to a person under 21 years of age for bona fide economic or public safety reasons where there cannot be shown to be a pattern of discriminatory denial of public accommodations to persons under 21 years of age for other than bona fide economic or public safety reasons by the person charged.

2 Unlawful Discriminatory Practices in Public Accommodations; Exemption for Bona Fide Economic Reasons. 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. Nothing in this chapter shall prohibit the denial of public accommodations, advantages, facilities, and privileges of any such place to a person under 21 years of age where the person so charged with such denial sets forth a bona fide economic or public safety reason for doing so, unless that person so charged can be shown to have engaged in a pattern of denying public accommodations to persons under 21 years of age due to other than bona fide economic or public safety reasons.

3 Effective Date. This act shall take effect July 1, 2006.