Revision: June 30, 2011, midnight
CHAPTER 227
HB 623 – FINAL VERSION
06/01/11 2212s
2011 SESSION
05/04
HOUSE BILL 623
AN ACT prohibiting preferences in recruiting, hiring, promotion, or admission by state agencies, the university system, the community college system, and the postsecondary education commission.
SPONSORS: Rep. G. Hopper, Hills 7; Rep. Comerford, Rock 9; Rep. L. Vita, Straf 3; Rep. Ingbretson, Graf 5
COMMITTEE: Executive Departments and Administration
This bill prohibits preferences in recruiting, hiring, promotion, or admission by state agencies, the university system, the community college system, and the postsecondary education commission. It prohibits preferential treatment or discrimination based on race, sex, national origin, religion, or sexual orientation.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/01/11 2212s
11-0581
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT prohibiting preferences in recruiting, hiring, promotion, or admission by state agencies, the university system, the community college system, and the postsecondary education commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
227:1 Department of Administrative Services; Classified Employees; Preferential Treatment or Discrimination 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, religion, religious beliefs or affiliations, age, sex, sexual orientation, national origin, or race. [In addition, no person shall have any such employment action taken on account of such person’s sexual orientation.] Additionally, except as provided in paragraph I-a, there shall be no preferential treatment or discrimination in recruiting, hiring, or promotion based on race, sex, sexual orientation, national origin, religion, or religious beliefs. 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.
I-a. Notwithstanding the prohibition on preferential treatment or discrimination in paragraph I:
(a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(b) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.
227:2 New Section; State College and University System; Prohibition on Preferential Treatment and Discrimination. Amend RSA 187-A by inserting after section 16 the following new section:
187-A:16-a Prohibition on Preferential Treatment and Discrimination.
I. Within the state college and university system, there shall be no preferential treatment or discrimination in recruiting, hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation.
II. Notwithstanding paragraph I:
(a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(b) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.
227:3 New Section; Community College System; Prohibition on Preferential Treatment and Discrimination. Amend RSA 188-F by inserting after section 3 the following new section:
188-F:3-a Prohibition on Preferential Treatment and Discrimination.
I. Within the state’s community college system, there shall be no preferential treatment or discrimination in recruiting, hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation.
II. Notwithstanding paragraph I:
(a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(b) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.
227:4 Postsecondary Education Commission; Staff; Prohibition on Preferential Treatment and Discrimination. Amend RSA 188-D:4 to read as follows:
188-D:4 Staff.
I. The commission is hereby authorized to employ such staff as may be necessary to carry out its work within the limits of its appropriation.
II. There shall be no preferential treatment or discrimination in recruiting, hiring, or promotion based on race, sex, national origin, religion, or sexual orientation.
III. Notwithstanding paragraph II:
(a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(b) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.
227:5 Repeal. RSA 188-D:3, relative to criteria for appointments to the postsecondary education commission, is repealed.
227:6 Effective Date. This act shall take effect January 1, 2012.
Approved: Enacted in accordance with Article 44, Part II, of N.H. Constitution, without signature of the governor, June 29, 2011.
Effective Date: January 1, 2012