HB1321: relative to claims before the state commission on human rights.

HB 1321-FN - AS INTRODUCED

2003 SESSION

03-2272

08/10

HOUSE BILL 1321-FN

AN ACT relative to claims before the state commission on human rights.

SPONSORS: Rep. Rogers Johnson, Rock 83

COMMITTEE: Judiciary

ANALYSIS

This bill:

I. Eliminates the ability of the commission on human rights to award attorney fees to the defendant for cases ruled to be frivolous.

II. Allows the commission to bring suit on behalf of an aggrieved person before the superior court.

III. Eliminates the court's ability to review the facts of the case de novo.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2272

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to claims before the state commission on human rights.

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

1 Procedure on Complaints. Amend RSA 354-A:21, II(f) to read as follows:

(f) If upon all the evidence the commission shall find that a respondent has not engaged in any such unlawful discriminatory practice, the commission shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such respondent. A copy of its order shall be delivered in all cases to the attorney general, and such other public officers as the commission deems relevant or proper. The commission shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder. [If the commission finds that the complaint is frivolous, unreasonable, or without foundation, then the commission, upon motion of the respondent or on its own motion, may award against the complainant the amount of costs and attorneys' fees incurred by the respondent, provided such costs and fees are reasonable.]

2 New Paragraph; Choice of Forum. Amend RSA 354-A:21-a by inserting after paragraph II the following new paragraph:

III. The commission, at its own expense, may bring suit in superior court on behalf of an aggrieved person in housing discrimination cases, and the superior court shall have the same authority to award relief, including but not limited to, compensatory damages, to the same extent as the commission.

3 Judicial Review and Enforcement. Amend RSA 354-A:22, III to read as follows:

III. Any party may move the court to remit the case to the commission in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon, or in the alternative to move the court to accept such additional evidence itself, provided he shows reasonable grounds for the failure to adduce such evidence before the commission. The superior court shall have the authority to make all rulings of law[, findings of fact] and determinations of damages and fines, if any, notwithstanding any such rulings, findings or determinations made by the commission. The commission's findings of fact shall be conclusive if supported by sufficient evidence on the record considered as a whole. All such proceedings shall be heard and determined by the court as expeditiously as possible and shall take precedence over all other matters before it, except matters of like nature. The jurisdiction of the superior court shall be exclusive and its final order or decree shall be subject to review by the supreme court in the same manner and form and with the same effect as in appeals from a final order or decree in proceedings in equity.

4 Effective Date. This act shall take effect January 1, 2005.

LBAO

03-2272

7/22/03

HB 1321-FN - FISCAL NOTE

AN ACT relative to claims before the state commission on human rights.

FISCAL IMPACT:

The Human Rights Commission has determined this bill will increase state restricted revenue by $57,500 in FY 2005 and $115,000 in FY 2006 through FY 2008. State restricted expenditures will increase by $1,150 in FY 2005 and by $2,300 in FY 2006 through FY 2008. There will be no fiscal impact on county and local revenue or expenditures.

METHODOLOGY:

The Judicial Branch states this bill makes two changes that would affect the superior court. First, a provision is added allowing the Human Rights Commission to bring suit in the superior court in housing discrimination cases. Second, the section on judicial review would be amended to make the Commission's findings of fact conclusive in the superior court "if supported by sufficient evidence on the record considered as a whole." The Judicial Branch has no information on which to estimate how many housing discrimination cases would be brought in the superior court pursuant to the first change. The volume of all cases from the Human Rights Commission in the superior court is less than twenty cases annually; therefor, the Judicial Branch does not anticipate a significant number of new cases pursuant to this statute, if enacted. The change in the section on judicial review will have a minimal fiscal impact on the Judicial Branch in light of the small number of cases affected by the change.

The Human Rights Commission stated this bill would require the Commission in some housing cases to bring suit in superior court on behalf of an aggrieved party. The Commission assumes that it would enter into a memorandum of understanding with the Attorney General's Office to carry out this provision, and would repay the AG's Office its costs for providing this service. The Commission assumes that as a result of passage of this bill it would be "substantially equivalent", and thus entitled to a contract with HUD to investigate housing discrimination cases. It is estimated such a contract would bring in federal revenue at the rate of $115,000 per year for the first three years, and at least $65,000 per year thereafter. The additional federal revenue would more than offset the cost of this provision. The Commission assumes that it would investigate approximately 25 cases per year under such a contract, with one case opting

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for the litigation at agency expense each year. The amount that HUD reimburses a substantially equivalent agency for investigation of a housing case is $1,800 per case. In those cases in which probable cause is found, an additional $500 per case is awarded. The Commission anticipates passing on to the AG's Office the amount it receives for each case litigated.

The Department of Justice stated the Department seldom becomes involved in violations concerning claims before the Human Rights Commission, and it is assumed the Department would continue not to be involved. Therefor, the Department stated the fiscal impact would be negligible.