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NH Senate Bill 497



  v1  Original Text

SB 497-FN - AS INTRODUCED
 
 
2018 SESSION
18-3012
08/04
 
SENATE BILL 497-FN
 
AN ACT relative to breast-feeding.
 
SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Lasky, Dist 13; Rep. McBeath, Rock. 26; Rep. Butler, Carr. 7; Rep. Cushing, Rock. 21; Rep. Cahill, Rock. 17
 
COMMITTEE: Judiciary
 
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ANALYSIS
 
This bill creates a cause of action for a person who believes she has been discriminated against for breast-feeding.
 
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-3012
08/04
 
STATE OF NEW HAMPSHIRE
 
In the Year of Our Lord Two Thousand Eighteen
 
AN ACT
 
Be it Enacted by the Senate and House of Representatives in General Court convened:
 
1  Breast-feeding; Discrimination.  Amend RSA 132:10-d to read as follows:
132:10-d  Breast-feeding.  Breast-feeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breast-feed her child is discriminatory.  A person who believes her right to breast-feed her child has been violated may file a discrimination claim with the state commission for human rights under RSA 354-A or may seek immediate injunctive relief in district or superior court.
2  Effective Date.  This act shall take effect January 1, 2019.
 
 
METHODOLOGY:
This bill would provide that a person who believes her right to breast-feed her child has been violated may file a discrimination claim under RSA 354-A or may seek immediate injunctive relief in the district or superior court.  
 
The Judicial Branch indicates enforcement of discriminatory practices under RSA 354-A:7 is by the Human Right Commission; however, pursuant to RSA 354-A:22, any person aggrieved by an order of the Human Rights Commission may appeal that order to the superior court.  The Branch has no information on how many such appeals would be filed, but does have information on the cost of such appeals.  Such an appeal would be classified as a complex equity case in the superior court.  The cost of an average complex equity case in the superior court will be $740 in FY 2019 and $746 in FY 2020.  Regarding claims for injunctive relief, the Branch has no information on the how many such claims would be filed, but indicates such claims would also be classified as complex equity cases in the superior courts.  As stated above, the cost of an average complex equity case in the superior court will be $740 in FY 2019 and $746 in FY 2020.  It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.
 
The Human Rights Commission indicates this bill would expressly authorize the Commission to hear and resolve charges brought by individuals who believe their breast-feeding rights have been violated.  The Commission states the bill does not establish any new rights or expand existing rights, but clarifies the availability administrative and judicial forums for protection of rights.  The Commission has been accepting and resolving breast-feeding discrimination charges for many year under their existing jurisdiction, which defines discrimination on the basis of sex to include pregnancy and medical conditions which result from pregnancy.  The Commission indicates, because the bill does not impose any new requirements on the commission, this bill would not have a material impact on the Commission’s revenues or expenditures.
 
AGENCIES CONTACTED:
Judicial Branch and Human Rights Commission
 

v2  As Amended by the Senate Judiciary Committee


SB 497-FN - AS AMENDED BY THE SENATE
 
03/08/2018   0586s
2018 SESSION
18-3012
08/04
 
SENATE BILL 497-FN
 
AN ACT relative to breast-feeding.
 
SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Lasky, Dist 13; Rep. McBeath, Rock. 26; Rep. Butler, Carr. 7; Rep. Cushing, Rock. 21; Rep. Cahill, Rock. 17
 
COMMITTEE: Judiciary
 
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AMENDED ANALYSIS
 
This bill creates a cause of action for a person who has been discriminated against in employment or housing due to pregnancy or a medical condition which results from pregnancy.
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
 
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.
03/08/2018   0586s 18-3012
08/04
 
STATE OF NEW HAMPSHIRE
 
In the Year of Our Lord Two Thousand Eighteen
 
AN ACT
 
Be it Enacted by the Senate and House of Representatives in General Court convened:
 
1  Breast-feeding; Discrimination.  Amend RSA 132:10-d to read as follows:
132:10-d  Breast-feeding.  Breast-feeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breast-feed her child is discriminatory.  A person who has been discriminated against in employment or housing due to pregnancy or a medical condition which results from pregnancy may file a discrimination claim with the state commission for human rights under RSA 354-A or may seek immediate injunctive relief in superior court.
2  Effective Date.  This act shall take effect January 1, 2019.
 

18-3012
Amended 3/13/18
 
SB 497-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0586s)
 
AN ACT
 
 
METHODOLOGY:
This bill would provide that a person who has been discriminated against in employment or housing due to pregnancy or a medical condition which results from pregnancy may file a discrimination claim under RSA 354-A or may seek immediate injunctive relief in the superior court.  
 
The Judicial Branch indicates enforcement of discriminatory practices under RSA 354-A:7 is by the Human Right Commission; however, pursuant to RSA 354-A:22, any person aggrieved by an order of the Human Rights Commission may appeal that order to the superior court.  The Branch has no information on how many such appeals would be filed, but does have information on the cost of such appeals.  Such an appeal would be classified as a complex equity case in the superior court.  The cost of an average complex equity case in the superior court will be $740 in FY 2019 and $746 in FY 2020.  Regarding claims for injunctive relief, the Branch has no information on the how many such claims would be filed, but indicates such claims would also be classified as complex equity cases in the superior courts.  As stated above, the cost of an average complex equity case in the superior court will be $740 in FY 2019 and $746 in FY 2020.  It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.
 
The Human Rights Commission indicates this bill would expressly authorize the Commission to hear and resolve charges brought by individuals who have been discriminated against in employment or housing due to pregnancy or a medical condition which results from pregnancy.  The Commission states the bill does not establish any new rights or expand existing rights, but clarifies the availability administrative and judicial forums for protection of rights.  The Commission has been accepting and resolving such discrimination charges for many years under their existing jurisdiction, which defines discrimination on the basis of sex to include pregnancy and medical conditions which result from pregnancy. The Commission indicates, because the bill does not impose any new requirements on the commission, this bill would not have a material impact on the Commission’s revenues or expenditures.
 
AGENCIES CONTACTED:
Judicial Branch and Human Rights Commission
 
 



















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