This text was taken from the New Hampshire House Journal of March 19, 1997. The text of the civil rights bill as amended by the House is included first, followed by a list of the representatives that votes for and against the bill. I have modified this only only in the following ways: 1. I have stripped the HTML code from it. 2. Portions of law that would be removed by the bill are now in brackets[] as opposed to having a line written through them. 3. Portions of text to be added to the law are in << >> rather than in bold and italics. Brian Rater 4 May 1997 ******************************************************************************** HB 421, amending the law against discrimination to prohibit discrimination on the basis of sexual orientation. OUGHT TO PASS WITH AMENDMENT Rep. Barbara Hull Richardson for Judiciary and Family Law: This bill extends civil rights in employment, public accommodations and housing accommodations to include persons regardless of their sexual orientation. The Manchester Diocese supports this bill. The definition of sexual orientation does not render lawful any conduct prohibited by the criminal laws of New Hampshire. Vote 13-3. Amendment (0602h) Amend the title of the bill by replacing it with the following: AN ACT amending the law against discrimination to prohibit discrimination on account of a person's sexual orientation. Amend the bill by replacing all after the enacting clause with the following: 1 Statement of Intent. While the state of New Hampshire does not intend to promote or endorse any sexual lifestyle other than the traditional marriage-based family, the legislature recognizes the need to provide protection in certain areas to individuals on account of their sexual orientation. 2 New Section; Definition of Sexual Orientation. Amend RSA 21 by inserting after section 48 the following new section: 21:49 Sexual Orientation. "Sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state or impose any duty on a religious organization. This definition does not confer legislative approval of such status, but is intended to assure the basic rights afforded under New Hampshire law. 3 Adding Reference; Division of Personnel. Amend 21-I:42, XVI to read as follows: XVI. Developing and implementing an equal employment opportunity program that will ensure the employment of all qualified people regardless of age, sex, race, color, <> ethnic background, marital status, or physical or mental disability. This program shall include a review and revision of the job classification process and testing process to ensure that they are free from either conscious or inadvertent bias. 4 Adding Reference; State Employees. 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 [his] <> political opinions, religious beliefs or affiliations, age, sex, or race [provided, however, that]. <> 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 [his] <> employment, which conflict cannot be alleviated by said employee abstaining from actions directly affecting [his] <> 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 [his]<> public office or other employment or otherwise end the conflict before the appointing authority initiates that action. 5 Reference Added; Appeals under the Personnel Rules. Amend RSA 21-I:58, I to read as follows: I. Any permanent employee who is affected by any application of the personnel rules, except for those rules enumerated in RSA 21-I:46, I and the application of rules in classification decisions appealable under RSA 21-I:57, may appeal to the personnel appeals board within 15 calendar days of the action giving rise to the appeal. The appeal shall be heard in accordance with the procedures provided for adjudicative proceedings in RSA 541-A. If the personnel appeals board finds that the action complained of was taken by the appointing authority for any reason related to politics, religion, age, sex, race, color, ethnic background, marital status, or disabling condition, <> or was taken in violation of a statute or of rules adopted by the director, the employee shall be reinstated to the employee's former position or a position of like seniority, status, and pay. The employee shall be reinstated without loss of pay, provided that the sum shall be equal to the salary loss suffered during the period of denied compensation less any amount of compensation earned or benefits received from any other source during the period. "Any other source" shall not include compensation earned from continued casual employment during the period if the employee held the position of casual employment prior to the period, except to the extent that the number of hours worked in such casual employment increases during the period. In all cases, the personnel appeals board may reinstate an employee or otherwise change or modify any order of the appointing authority, or make such other order as it may deem just. 6 Changing Reference. Amend RSA 151:21, XVI to read as follows: XVI. The patient shall not be denied appropriate care on the basis of race, religion, color, national origin, sex, age, disability, marital status, [sexual preference] or source of payment<<, nor shall any such care be denied on account of the patient's sexual orientation>>. 7 Changing Reference. Amend RSA 151:21-b, II(b) to read as follows: (b) Receive appropriate and professional care without discrimination based on race, color, national origin, religion, sex, [sexual preference] disability, or age<<, nor shall any such care be denied on account of the patient's sexual orientation>>. 8 Adding Reference. Amend RSA 354-A:1 to read as follows: 354-A:1 Title and Purposes of Chapter. This chapter shall be known as the "Law Against Discrimination." It shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights. The general court hereby finds and declares that practices of discrimination against any of its inhabitants because of age, sex, race, creed, color, marital status, familial status, physical or mental disability or national origin are a matter of state concern, that such discrimination not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and treatens the peace, order, health, safety and general welfare of the state and its inhabitants. A state agency is hereby created with power to eliminate and prevent discrimination in employment, in places of public accommodation and in housing accommodations because of age, sex, race, creed, color, marital status, familial status, physical or mental disability or national origin as herein provided; and the commission established hereunder is hereby given general jurisdiction and power for such purposes. <> 9 New Paragraph; Definition of Sexual Orientation. Amend RSA 354-A:2 by inserting after paragraph XIV the following new paragraph: XIV-a. "Sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality. This definition is intended to describe the states of persons and does not render lawful any conduct prohibited by the criminal laws of this state or impose any duty on a religious organization. This definition does not confer legislative approval of such status, but is intended to assure basic rights afforded under this chapter. 10 Adding Reference. Amend RSA 354-A:5, VIII and IX to read as follows: VIII. To create such advisory agencies and conciliation councils, local, regional or statewide, as in its judgment will aid in effectuating the purpose of this chapter, and the commission may empower them to study the problems of discrimination in all or specific fields of human relationships or in specific instances of discrimination, because of age, sex, race, color, <> marital status, familial status, or physical or mental disability, religious creed or national origin, in order to foster, through community effort or otherwise, good will, cooperation and conciliation among the groups and elements of the population of the state, and make recommendations to the commission for the development of policies and procedures in general and in specific instances, and for programs of formal and informal education which the commission may recommend to the appropriate state agency. Such advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay, but with reimbursement for actual and necessary traveling expenses; and the commission may make provision for technical clerical assistance to such agencies and councils and for the expenses of such assistance. IX. To issue such publications and such results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of age, sex, race, color, marital status, familial status, physical or mental disability, religious creed or national origin <>. 11 Adding Reference. Amend RSA 354-A:6 to read as follows: 354-A:6 Opportunity for Employment Without Discrimination a Civil Right. The opportunity to obtain employment 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. <> 12 Adding Reference. Amend RSA 354-A:7, I-III to read as follows: I. For an employer, because of the age, sex, race, color, marital status, physical or mental disability, religious creed, or national origin of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. <> II. For a labor organization, because of the age, sex, race, color, marital status, physical or mental disability, creed, or national origin of any individual, to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless based upon a bona fide occupational qualification. <> III. For any employer or employment agency to print or circulate or to cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry or record in connection with employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, sex, race, color, marital status, physical or mental disability, religious creed or national origin or any intent to make any such limitation, specification or discrimination in any way on the ground of age, sex, race, color, marital status, physical or mental disability, religious creed or national origin, unless based upon a bona fide occupational qualification; provided, however, that nothing in this chapter shall limit an employer after the offer of hire of an individual from inquiring into and keeping records of any existing or pre-existing physical or mental conditions. <> 13 Adding Reference. Amend RSA 354-A:8 to read as follows: 354-A:8 Equal Housing Opportunity Without Discrimination a Civil Right. The opportunity to obtain housing without discrimination because of age, sex, race, creed, color, marital status, familial status, physical or mental disability or national origin is hereby recognized and declared a civil right. <> 14 Adding Reference. Amend RSA 354-A:10 to read as follows: 354-A:10 Unlawful Discriminatory Practices. It shall be an unlawful discriminatory practice for any person, being the owner, lessee, sublessee, assignee, managing agent or other person having the right to rent or lease a dwelling or commercial structure or being in the business of selling or renting dwellings or commercial structures: I. To refuse to sell or rent after the receipt of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling or commercial structure to any person because of age, sex, race, color, marital status, familial status, physical or mental disability, religion or national origin. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation.>> II. To discriminate against any person in the terms, conditions, or privilege of sale or rental of a dwelling or commercial structure, or in the provision of services or facilities in connection therewith, because of age, sex, race, color, marital status, familial status, physical or mental disability, religion or national origin. <> III. To make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement, with respect to the sale or rental of a dwelling or commercial structure that indicates any preference, limitation, or discrimination based on age, sex, race, color, marital status, familial status, physical or mental disability, religion or national origin, or an intention to make any such preference, limitation or discrimination. <> IV. To represent to any person because of age, sex, race, color, marital status, familial status, physical or mental disability, religion or national origin that any dwelling or commercial structure is not available for inspection, sale, or rental when such dwelling is in fact so available. V. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular age, sex, race, color, marital status, familial status, physical or mental disability, religion or national origin. <> VI. To evict a tenant solely on the grounds that the person has acquired immune deficiency syndrome (AIDS) or is regarded to have acquired immune deficiency syndrome. VII. For any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of age, race, color, religion, sex, disability, familial status, marital status, or national origin. <> 15 Adding Reference. Amend RSA 354-A:16 and 17 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. <> 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. <> 16 Clarifying Reference. Amend RSA 651:6, I(g) to read as follows: (g) He was substantially motivated to commit the crime because of hostility towards the victim's religion, race, creed, sexual orientation <>, national origin or sex; or 17 Applicability. Nothing in this act shall be interpreted to permit adoptions by homosexuals or to allow marriage of persons of the same sex. 18 Effective Date. This act shall take effect January 1, 1998. AMENDED ANALYSIS This bill prohibits the denial of the benefit of the rights afforded under the employment, public accommodations, and housing accommodations law on account of a person's sexual orientation. The bill also clarifies references to sexual orientation and sexual preference in the patient's bill of rights and the criminal code. Adopted. Rep. Adams spoke against. Reps. Keans and Carol Moore spoke in favor and yielded to questions. Rep. Daniels spoke against and yielded to questions. Rep. Cushing non-spoke in favor. Rep. Donald White requested a roll call; sufficiently seconded. The question being the adoption of the majority report. YEAS 205 NAYS 125 YEAS 205 BELKNAP Lawton, Robert Ziegra, Alice CARROLL Babson, David, Jr. Bradley, Jeb Dickinson, Howard, Jr. Mock, Henry Patten, Betsey CHESHIRE Avery, Stephen Bonneau, Sarah Burnham, Daniel Champagne, Richard Doucette, Richard Hunt, John Lynch, Margaret Lynott, Margaret McGuirk, Paul Meader, David Metzger, Katherine Pratt, John Richardson, Barbara Riley, William Robertson, Timothy Russell, Ronald Smith, Edwin Vogl, John COOS Bradley, Paula Coulombe, Henry Coulombe, Yvonne Davis, Perley Hawkinson, Marie Horton, Lynn Mears, Edgar Moynihan, Wayne Tholl, John, Jr. GRAFTON Akins, Ralph Alger, John Almy, Susan Below, Clifton Copenhaver, Marion Eaton, Stephanie Guest, Robert Ham, Bonnie Hill, Richard Lovett, Sidney Luker, Elsa Mirski, Paul Nordgren, Sharon Teschner, Douglass HILLSBOROUGH Ackerman, Philip Alukonis, David Amidon, Eleanor Asselin, Robert Baroody, Benjamin Barry, William, III Batula, Peter Belvin, William Bergin, Peter Bernier, Shannon Boutin, David Buckley, Raymond Cardin, Lori Chabot, Robert Clemons, Jane Cote, David Cote, Peter Daigle, Robert Dawe, Eileen Dokmo, Cynthia Drabinowicz, A. Theresa Durham, Susan Dwyer, Paul, Sr. Dyer, Merton Emerton, Lawrence, Sr. Ferguson, Charles Fields, Dennis Foster, Joseph Foster, Linda Gage, Ruth Gagnon, Eugene Ginsburg, Ruth Haettenschwiller, Alphonse Hall, Betty Hansen, Herbert Hart, Nick Holden, Carol Jean, Claudette Johnson, Lionel Kurk, Neal LaRose, Richard Leishman, Peter Leonard, Peter Lozeau, Donnalee MacAuslan, Rita Martin, Mary McCarthy, William McCarty, Winston Melcher, Harold Mercer, Robert Messier, Irene Mittelman, David Murphy, Robert O'Hearn, Jane Perkins, Paul Peterson, Andrew Reidy, Frank Sargent, Maxwell Turgeon, Roland Vaillancourt, Steve Welch, Donald Wheeler, Robert White, Jay Williams, Carol MERRIMACK Anderson, Eric Burney, Carol Crosby, Toni Daneault, Gabriel Dunn, Miriam Feuerstein, Martin Fraser, Marilyn French, Barbara Gile, Mary Hager, Elizabeth Hess, David Jacobson, Alf Lamach, Bernard Marshall, Kenneth Maxfield, Roy Moore, Carol Owen, Derek Reardon, Tara Rogers, Katherine Seldin, Gloria St. Cyr, Gerard Wallin, Jean Yeaton, Charles ROCKINGHAM Belanger, Ronald Blanchard, MaryAnn Cegelis, Mark Clark, Martha Coes, Betsy Cushing, Robert Dube, LeRoy Francoeur, Sheila Frechette, Joseph Heath, John Henderson, Warren Hutchinson, Rebecca Johnson, Robert Kane, Cecelia Kelley, Jane Langley, Jane Langone, John Major, Norman McCarthy, John, Jr. McGovern, Cynthia McKinney, Betsy Norelli, Terie Noyes, Richard O'Keefe, Patricia Pantelakos, Laura Sabella, Norma Schanda, Frank Stone, Joseph Syracusa, Anthony Tufts, J. Arthur Weatherspoon, Jackie Woods, Deborah STRAFFORD Berube, Roger Brennan, William Brown, Julie DeChane, Marlene Dunlap, Patricia Estabrook, Iris Grassie, Anne Hemon, Roland Hilliard, Dana Kaen, Naida Keans, Sandra Knowles, William Lundborn, Raymond McCann, William, Jr. Merrill, Amanda Merritt, Deborah Pelletier, Arthur Rogers, Rose Marie Rollo, Michael Smith, Marjorie Snyder, Clair Spear, Barbara Sullivan, Henry Taylor, Kathleen Torr, Ann Tsiros, William Twardus, Joseph Vachon, Dennis Wall, Janet SULLIVAN Allison, David Burling, Peter Cloutier, John Donovan, Thomas Flint, Gordon Leone, Richard Lindblade, Eric Palmer, Lorraine Schotanus, Merle NAYS 125 BELKNAP Bartlett, Gordon Boriso, Thomas Boyce, Robert Clark, Charles Golden, Paul Holbrook, Robert Laflam, Robert Lawton, David Pilliod, James Rice, Thomas, Jr. Rosen, Ralph Thomas, John Turner, Robert CARROLL Chandler, Gene Cooper, Kipp Foster, Robert Howard, Godfrey Kenney, Joseph Lyman, L. Randy MacDonald, Kenneth Philbrick, Donald CHESHIRE Royce, H. Charles Steere, Myron, III COOS Guay, Lawrence Merrill, Gerald Pratt, Leighton St. Hilaire, Paul GRAFTON Chase, Paul, Jr. Cobbin, Philip Guaraldi, Lawrence MacNeil, Allen Phinney, William Root, John Trelfa, Richard Weber, Phil Williams, William, Jr. HILLSBOROUGH Briefs, Geoffrey Brundige, Robert Burke, M. Virginia Calawa, Leon, Jr. Carlson, Donald Christiansen, Lars Clegg, Robert, Jr. Daniels, Gary Flora, Kathleen Golding, William Gosselin, Gerald Goulet, Maurice Herman, Keith Holley, Sylvia Hunter, Bruce L'Heureux, Robert Lefebvre, Roland Lessard, Rudy Letendre, Evelyn Luebkert, Bernard MacGillivray, Jeffrey MacIntyre, Doris Marcinkowski, Michael McDonald, James, Sr. McGough, Tim Milligan, Robert Murch, George Riley, Frances

Searles, Stanley, Sr. Thulander, O. Alan White, Donald Wright, George MERRIMACK Adams, Stephen Brown, Mary Chandler, Earle Crowell, Peter Hoadley, Elizabeth Krueger, Patricia Langer, Ray Larrabee, David Lavoie, Gerard Leber, William Morrill, Olive Nichols, Avis Pfaff, Terence Whalley, Michael Whittemore, James ROCKINGHAM Arndt, Janet Beaulieu, Jon Bishop, Franklin Camm, Kevin Cooney, Richard Dearborn, Bruce Dodge, Robert Dolan, Richard Dowd, Sandra Downing, Michael Dunham, Vivian Fesh, Robert Flanagan, Natalie Flanders, John, Sr. Gibbons, Paul Gleason, John Griffin, Mary Katsakiores, George Katsakiores, Phyllis Klemm, Arthur, Jr. Kobel, Rudolph Letourneau, Robert Malcolm, Kenneth Mikowlski, Walter Millard, Ralph Morris, Debbie Nowe, Ronald Packard, Sherman Raynowska, Bernard Simmons, John Anthony Smith, Kevin Stickney, Nancy Stritch, C. Donald Varrell, Thomas Welch, David Weyler, Kenneth STRAFFORD Callaghan, Frank McKinley, Robert Torr, Franklin SULLIVAN Adler, Rudolf Ferland, Brenda Krueger, Richard and the report was adopted. Ordered to third reading. Rep. Loren Jean declared a conflict of interest and did not participate. Rep. Clay did not vote and wished to be recorded in favor. Rep. Lockwood wished to be recorded in favor. REMARKS Rep. Kurk moved that his questions and the responses of Rep. Carol Moore be printed in the Journal. Adopted. Rep. Kurk: Thank you, Madam Speaker. My question, Madam Speaker, is this. If I am an employer and this bill passes and I offer health insurance to my employees, would I be required under this bill to extend that also to the domestic partners of my employees who are homosexual, if I extend the insurance coverage to families of my employees? Rep. Carol Moore: Absolutely not, this bill deals only with housing for the particular individual, public accommodations and jobs. There is nothing about covering insurance for the partners of people who are homosexual. Rep. Kurk: Thank you Rep. Moore, thank you Madam Speaker. The second question is with the elderly exemption, which many of our communities have adopted. If this bill passes, would a community be required to extend that benefit to the homosexual partner of a person who otherwise qualifies, just as today that is extended to the spouse of a person who otherwise qualifies? Rep. Carol Moore: I believe I just answered that, Rep. Kurk. This does not involve partners unless the partner, him or herself, is the person involved in job discrimination, housing discrimination or public accommodation discrimination. There is nothing in this bill that sanctions homosexual couples and there is nothing that guarantees rights in the same way that heterosexual marriages get benefits.