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SPONSOR: |
Hurt |
DATE TYPED: |
3/3/03 |
HB |
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SHORT TITLE: |
Motorcyclist Access to Public Accommodations |
SB |
694 |
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ANALYST: |
Chavez |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Bernalillo
County Metropolitan Court (BCMC)
Administrative
Office of the Courts (AOC)
Attorney
General’s Office (AG)
LFC
Files
SUMMARY
Synopsis
of Bill
Senate Bill 694 enacts
a new statutory section providing that a place of public accommodation may not
restrict access, admission or usage to a person solely because the person
operates a motorcycle, is a member of a motorcycle organization or association,
or is wearing clothing that displays the name of a motorcycle organization or
association.
Public Accommodation
is defined as a business, refreshment, entertainment, recreation or transportation
facility of nay kind, whether licensed or not, whose goods, services,
privileges or accommodations are extended, offered, sold or otherwise made
available to the public.
Exceptions to the above
provision are made. These exceptions
provide that public accommodation may be restricted when the conduct of a
person poses a risk to the health or safety of another
person, or to the
property of another person, or their clothing does not conform to an established
and posted dress code.
The bill provides for
civil penalties not to exceed $500 and allows a party to seek injunctive relief
and attorney fees not to exceed $500.
The effective date of
the provisions of the act is July 1, 2003.
Significant
Issues
The New Mexico Human Rights Act, § 28-1-7 NMSA
1978 provides for unlawful discriminatory practices. Among those included in this section are employers, labor organizations,
joint apprenticeship committees, employment agencies, and persons who rent,
sell, assign, lease or sublease.
Included in this section are public accommodation restrictions.
Section 28-1-7 NMSA 1978 provides that it is an
unlawful discriminatory practice for “any person in any public accommodation
to make a distinction, directly or indirectly, in offering or refusing to offer
its services, facilities, accommodations or goods to any individual because of race,
religion, color, national origin, ancestry, sex, spousal affiliation or
physical or mental handicap, provided that the physical or mental handicap
is unrelated to an individual’s ability to acquire or rent and maintain
particular real property or housing accommodation”.
This bill creates a protected class of motorcyclists with respect to public accommodation only. Thus, employers and other organizations included in § 28-1-7 NMSA 1978 of the New Mexico Human Rights Act may discriminate against those motorcyclists to whom this bill pertains.
Section 34-8A-3 provides that the jurisdiction of Bernalillo County Metropolitan Court (BCMC) includes the jurisdiction provided by law for magistrate courts. In accordance with § 35-3-3 NMSA 1978 BCMC has jurisdiction in civil actions in which the debt or sum claimed does not exceed $5,000 exclusive of interest and cost. Section 35-3-3 NMSA 1978 further provides that a magistrate has no jurisdiction in any civil action to grant writs of injunction.
It is suggested by BCMC that to prevent parties who file for both damages and injunctive relief from filing in different courts, the remedial actions be heard in district court since BCMC is prohibited by statute from granting injunctive relief and can only award damages.
FISCAL IMPLICATIONS
This bill does not
contain an appropriation. However,
there will be a minimal administrative cost for statewide update, distribution,
and documentation of statutory changes.
Further, any additional fiscal impact to the judiciary, prosecutors or
public defenders will be proportional to the enforcement of this law.
ADMINISTRATIVE IMPLICATIONS
The administrative
implications to the judiciary, prosecutors or public defenders would be in
proportion to the enforcement of this law.
DUPLICATION
Senate Bill 694 is identical to HB 914.
TECHNICAL ISSUES
1.
Should the word “service” be included in Section 1, Subparagraph A where
it states that a place of public accommodation may not restrict access,
admission or usage to a person solely because the person operates a motorcycle,
is a member of a motorcycle organization or association or is wearing clothing
that displays the name of a motorcycle organization or association?
POSSIBLE QUESTIONS
1. Does a current problem exist regarding the denial of access to motorcyclists in places of public accommodation that requires enactment of this legislation?