2005 Legislation
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HOUSE BILL NO. 249 – Persons with disability/discrimintn


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Bill Status

H0249......................................................by STATE AFFAIRS
PERSONS WITH DISABILITIES - Amends existing law relating to prohibitions
against discriminatory practices to include prohibitions against
discrimination against persons with disabilities; to define additional
terms; to provide for diverse representation among members of the Human
Rights Commission; to provide additional limitations on the application of
this act; and to prohibit reprisals for taking actions pursuant to this
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to St Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 64-3-3
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Harwood, Sali
      Absent and excused -- Cannon, Lake, Stevenson
    Floor Sponsors - Garrett & Pasley-Stuart
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to St Aff
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Davis
    Title apvd - to House
03/24    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
04/05    Governor signed
         Session Law Chapter 278
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 249
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
 15    Be It Enacted by the Legislature of the State of Idaho:
 16        SECTION 1.  That Section 67-5901, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
 18        67-5901.  PURPOSE OF ACT CHAPTER. The general purposes of this act chapter
 19    are:
 20        (1)  To provide for execution within the state of the policies embodied in
 21    the  federal  Civil Rights Act of 1964, as amended, and the Age Discrimination
 22    in Employment Act of 1967, as amended, and Titles I and III of  the  Americans
 23    with Disabilities Act.
 24        (2)  To secure for all individuals within the state freedom from discrimi-
 25    nation  because of race, color, religion, sex or national origin or disability
 26    in connection with employment, public accommodations, education and real prop-
 27    erty transactions, discrimination because of race,  color,  religion,  sex  or
 28    national origin in connection with education, discrimination because of age or
 29    disability  in  connection with employment, and discrimination because of dis-
 30    ability in real property transactions, and thereby to protect  their  interest
 31    in  personal  dignity,  to  make  available to the state their full productive
 32    capacities, to secure the state against domestic strife and  unrest,  to  pre-
 33    serve  the  public  safety,  health,  and  general welfare, and to promote the
 34    interests, rights and privileges of individuals within the state.
 35        SECTION 2.  That Section 67-5902, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
 37        67-5902.  DEFINITIONS.  In  this act chapter, unless the context otherwise
 38    requires:
 39        (1)  "Commission" means the commission on human rights created by this act
 40    chapter;
 41        (2)  "Commissioner" means a member of the commission;
  1        (3)  "Discriminatory practice" means a practice designated as  discrimina-
  2    tory under the terms of this act chapter;
  3        (4)  "National origin" includes the national origin of an ancestor;
  4        (5)  "Person"  includes  an  individual,  association,  corporation, joint
  5    apprenticeship committee, joint-stock company, labor union, legal  representa-
  6    tive,  mutual  company, partnership, any other legal or commercial entity, the
  7    state, or any governmental entity or agency;
  8        (6)  "Employer" means a person, wherever situated, who hires five  (5)  or
  9    more  employees  for  each working day in each of twenty (20) or more calendar
 10    weeks in the current or preceding calendar year whose services are to be  par-
 11    tially or wholly performed in the state of Idaho, except for domestic servants
 12    hired to work in and about the person's household. The term also means:
 13        (a)  aA  person  who as contractor or subcontractor is furnishing material
 14        or performing work for the state;
 15        (b)  aAny agency of or any governmental entity within the state; and
 16        (c)  aAny agent of such employer.
 17        (7)  "Employment agency" means a  person  regularly  undertaking  with  or
 18    without  compensation  to  procure employees for an employer or to procure for
 19    employees opportunities to work for an employer and includes an agent of  such
 20    a person;
 21        (8)  "Labor organization" includes:
 22        (a)  aAn  organization  of  any kind, an agency or employee representation
 23        committee, group, association, or plan in which employees participate  and
 24        which exists for the purpose, in whole or in part, of dealing with employ-
 25        ers  concerning  grievance, labor disputes, wages, rates of pay, hours, or
 26        other terms or conditions of employment;
 27        (b)  aA conference, general committee, joint or  system  board,  or  joint
 28        council  which is subordinate to a national or international labor organi-
 29        zation; or
 30        (c)  aAn agent of a labor organization.
 31        (9)  "Place of public  accommodation"  means  a  business,  accommodation,
 32    refreshment,  entertainment,  recreation,  or  transportation  facility of any
 33    kind, whether licensed or not, whose goods, services, facilities,  privileges,
 34    advantages  or  accommodations  are extended, offered, sold, or otherwise made
 35    available to the public;
 36        (10) "Educational institution" means a public or private  institution  and
 37    includes  an  academy,  college,  elementary  or  secondary  school, extension
 38    course, kindergarten, nursery, school system, or university  and  a  business,
 39    nursing,  professional,  secretarial,  technical,  or  vocational  school  and
 40    includes an agent of an educational institution;
 41        (11) "Real  property"  includes buildings, structures, real estate, lands,
 42    tenements, leaseholds, interests in real  estate  cooperatives,  condominiums,
 43    and hereditaments, corporeal and incorporeal or any interest therein;
 44        (12) "Real  estate  transaction"  includes  the  sale, exchange, rental or
 45    lease of real property;
 46        (13) "Housing accommodation" includes  any  improved  or  unimproved  real
 47    property,  or part thereof, which is used or occupied, or as the home or resi-
 48    dence of one (1) or more individuals;
 49        (14) "Real estate broker or salesman" means a person, whether licensed  or
 50    not,  who,  for  or  with the expectation of receiving a consideration, lists,
 51    sells, purchases, exchanges, rents, or leases real property, or who negotiates
 52    or attempts to negotiate any of these activities, or who holds himself out  as
 53    engaged in these activities, or who negotiates or attempts to negotiate a loan
 54    secured  or to be secured by mortgage or other encumbrance upon real property,
 55    or who is engaged in the business of listing real property in  a  publication;
  1    or a person employed by or acting on behalf of any of these;
  2        (15) "Disability"  means  a  physical  or  mental  condition  of a person,
  3    whether congenital or acquired, which constitutes a substantial limitation  to
  4    that  person  and is demonstrable by medically accepted clinical or laboratory
  5    diagnostic techniques.  A person with a disability is one who (a) has  such  a
  6    disability,  or  (b)  has a record of such a disability, or (c) is regarded as
  7    having such a disability;
  8        (16) "Reasonable accommodation" means an adjustment  which  does  not  (a)
  9    unduly  disrupt  or  interfere  with  the  employer's  normal  operations, (b)
 10    threaten the health or safety of the person with the disability or others, (c)
 11    contradict a business necessity of the employer, or (d) impose undue  hardship
 12    on  the  employer  based  on  the size of the employer's business, the type of
 13    business, the financial resources, and the estimated cost and  extent  of  the
 14    adjustment;
 15        (17) "Readily  achievable" means easily accomplishable and able to be car-
 16    ried out without much difficulty or expense. In determining whether an  action
 17    is  readily  achievable,  factors to be considered include (a)  the nature and
 18    cost of the action needed  under  this  chapter,  (b)  the  overall  financial
 19    resources  of the facility or facilities involved in the action, the number of
 20    persons employed at the facility, the effect on expenses and resources, or the
 21    impact otherwise of the action upon the operation of  the  facility,  (c)  the
 22    overall  financial  resources  of  the covered entity, the overall size of the
 23    business of a covered entity with respect to the number of its employees,  the
 24    number,  type,  and location of its facilities, and (d)  the type of operation
 25    or operations of the covered entity, including the composition, structure, and
 26    functions of the workforce of the entity, the geographic separateness,  admin-
 27    istrative  or fiscal relationship of the facility or facilities in question to
 28    the covered entity.
 29        SECTION 3.  That Section 67-5903, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
 32    MENT. There is hereby created in the office of the governor the Idaho  commis-
 33    sion  on  human  rights  to  consist of nine (9) members, all of whom shall be
 34    appointed by the governor, with the advice and consent of the senate, each for
 35    a term of three (3) years. In making  the  first  appointments,  the  governor
 36    shall  specify the term of each member, so that the terms of three (3) members
 37    expire each year. The terms of office of members  of  the  commission  holding
 38    office  prior  to  July  1,  1974, shall terminate on July 1, 1974, and within
 39    thirty (30) days thereafter the governor shall appoint the members of the com-
 40    mission who shall serve staggered terms as provided by this section.
 41        On and after July 1, 1976, the governor shall appoint members of the  com-
 42    mission  as  terms of existing members expire so that tThe commission shall be
 43    comprised as follows: one (1) member shall be representative of industry;  one
 44    (1)  member  shall  be representative of labor; and seven (7) members shall be
 45    appointed at large. Members shall be appointed to obtain, to the extent possi-
 46    ble, broad representation of the diversity of  individuals  who  comprise  the
 47    population of the state of Idaho.
 48        SECTION  4.  That  Section 67-5909, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
 50        67-5909.  ACTS PROHIBITED. It shall be a prohibited  act  to  discriminate
 51    against  a  person because of, or on a basis of, race, color, religion, sex or
  1    national origin, in any of the following and subsections. It shall be  a  pro-
  2    hibited  act  to discriminate against a person because of, or on the basis of,
  3    age or disability in subsections (1), (2), (3) and (4)  of  this  section.  It
  4    shall  be  a prohibited act to discriminate against a person because of, or on
  5    the basis of, disability in subsections (1), (2), (3) and (4) of this section,
  6    provided that the prohibition against  discrimination  because  of  disability
  7    shall  not apply if the particular disability, even with a reasonable accommo-
  8    dation, by the employer, prevents the performance of the work required by  the
  9    employer  in that job, and in subsections (6), (8), (9), (10) and (11) of this
 10    section. The prohibition to discriminate shall also apply to persons with dis-
 11    abilities in real property transactions in subsections (7), (8), (9) and  (10)
 12    of this section, and to those individuals without disabilities who are associ-
 13    ated with a person with a disability.
 14        (1)  For an employer to fail or refuse to hire, to discharge, or to other-
 15    wise  discriminate  against  an individual with respect to compensation or the
 16    terms, conditions or privileges of employment or to reduce  the  wage  of  any
 17    employee in order to comply with this act chapter;
 18        (2)  For  an  employment agency to fail or refuse to refer for employment,
 19    or otherwise to discriminate against an individual or to classify or refer  an
 20    individual for employment;
 21        (3)  For a labor organization;:
 22        (a)  tTo exclude or to expel from membership, or to otherwise discriminate
 23        against, a member or applicant for membership,
 24        (b)  tTo  limit, segregate or classify membership, or to fail or refuse to
 25        refer for employment an individual in any way,
 26             1.  wWhich would deprive an individual of  employment  opportunities,
 27             or
 28             2.  wWhich  would  limit employment opportunities or adversely affect
 29             the status of an employee or of an applicant for employment, or
 30        (c)  tTo cause or attempt  to  cause  an  employer  to  violate  this  act
 31        chapter.
 32        (4)  For  an  employer labor organization or employment agency to print or
 33    publish or cause to be printed or published a notice or advertisement relating
 34    to employment by the employer or membership in or a classification or referral
 35    for employment by the labor organization, or relating to a  classification  or
 36    referral for employment by an employment agency, indicating a preference, lim-
 37    itation,  specification  or  discrimination; but a notice or advertisement may
 38    indicate a preference limitation, specification, or discrimination  when  such
 39    is a bona fide occupational qualification for employment;
 40        (5)  For a person;:
 41        (a)  tTo  deny  an  individual  the full and equal enjoyment of the goods,
 42        services, facilities, privileges, advantages and accommodations of a place
 43        of public accommodation, or
 44        (b)  tTo print, circulate, post, or mail or otherwise  cause  to  be  pub-
 45        lished  a  statement,  advertisement or sign which indicates that the full
 46        and equal enjoyment of the goods, services, facilities, privileges, advan-
 47        tages of a place of public accommodation will be refused,  withheld  from,
 48        or  denied  an individual or that an individual's patronage of or presence
 49        at a place of public accommodation is objectionable, unwelcome,  unaccept-
 50        able, or undesirable.
 51        (6)  For  a person who owns, leases or operates a place of public accommo-
 52    dation:
 53        (a)  To deny an individual on the basis of disability the full  and  equal
 54        enjoyment  of  the  goods, services, facilities, privileges, advantages or
 55        accommodations of a place of public accommodation;
  1        (b)  To impose or apply eligibility criteria that screen out  or  tend  to
  2        screen  out  an  individual  with a disability or any class of individuals
  3        with disabilities from fully and equally  enjoying  any  goods,  services,
  4        facilities,  privileges, advantages or accommodations of a place of public
  5        accommodation, unless such criteria can be shown to be necessary  for  the
  6        provision  of  the  goods, services, facilities, privileges, advantages or
  7        accommodations being offered;
  8        (c)  To fail to make reasonable  modifications in policies, practices,  or
  9        procedures  when  such  modifications  are necessary to afford such goods,
 10        services, facilities, privileges, advantages, or accommodations  to  indi-
 11        viduals  with  disabilities, unless the entity can demonstrate that making
 12        such modifications would fundamentally alter the  nature  of  such  goods,
 13        services, facilities, privileges, advantages or accommodations;
 14        (d)  To  fail  to  take  such  steps as may be necessary to ensure that no
 15        individual with a disability is excluded, denied services,  segregated  or
 16        otherwise  treated  differently  than  other  individuals  because  of the
 17        absence of auxiliary aids and services, unless the entity can  demonstrate
 18        that  taking such steps would fundamentally alter the nature of the goods,
 19        services, facilities,  privileges,  advantages,  or  accommodations  being
 20        offered or would result in an undue burden;
 21        (e)  To  fail  to remove architectural barriers and communication barriers
 22        that are structural in nature, in existing facilities  and  transportation
 23        barriers  in  existing  vehicles used by an establishment for transporting
 24        individuals (not including barriers  that  can  only  be  removed  through
 25        retrofitting of vehicles), where such removal is readily achievable; or
 26        (f)  Where  an  entity can demonstrate that the removal of a barrier under
 27        paragraph (e) of this subsection is not readily  achievable,  to  fail  to
 28        make  such goods, services, facilities, privileges, advantages or accommo-
 29        dations available through alternative methods if such methods are  readily
 30        achievable.
 31        (7)  For an educational institution;:
 32        (a)  tTo exclude, expel, limit, or otherwise discriminate against an indi-
 33        vidual  seeking admission as a student or an individual enrolled as a stu-
 34        dent in the terms, conditions, and privileges of the institution, or
 35        (b)  tTo make or use a written or oral inquiry or form of application  for
 36        admission  that  elicits  or attempts to elicit information, or to make or
 37        keep a record, of an applicant for admission, except as permitted  by  the
 38        regulations of the commission,
 39        (c)  tTo  print or publish or cause to be printed or published a catalogue
 40        or other notice or  advertisement  indicating  a  preference,  limitation,
 41        specification, discrimination of an applicant for admission, or
 42        (d)  tTo  announce  or  follow  a policy of denial or limitation through a
 43        quota or otherwise of educational opportunities of a group or its members.
 44        (78)  For an owner or any other person engaging in a real estate  transac-
 45    tion, or for a real estate broker or salesman;:
 46        (a)  tTo refuse to engage in a real estate transaction with a person,
 47        (b)  tTo  discriminate against a person in the terms, conditions or privi-
 48        leges of a real estate transaction or in the furnishing of  facilities  or
 49        services in connection therewith,
 50        (c)  tTo  refuse  to  receive  or to fail to transmit a bona fide offer to
 51        engage in a real estate transaction from a person,
 52        (d)  tTo refuse to negotiate a real estate transaction with a person,
 53        (e)  tTo represent to a person that real property  is  not  available  for
 54        inspection,  sale, rental, or lease when in fact it is so available, or to
 55        fail to bring a property listing to his attention, or to refuse to  permit
  1        him to inspect real property,
  2        (f)  tTo  print,  circulate,  post  or  mail or cause to be so published a
  3        statement, advertisement or sign, or to use a form of  application  for  a
  4        real  estate  transaction,    or to make a record or inquiry in connection
  5        with a prospective real estate transaction, which indicates,  directly  or
  6        indirectly,  an intent to make a limitation, specification, or discrimina-
  7        tion with respect thereto,
  8        (g)  tTo offer, solicit, accept, use or retain a listing of real  property
  9        with  the  understanding  that  a person may be discriminated against in a
 10        real estate transaction or in the furnishing of facilities or services  in
 11        connection therewith, or
 12        (h)  tTo  refuse  to permit, at the expense of a person with a disability,
 13        reasonable modifications of existing premises occupied or to  be  occupied
 14        by such person if the modifications may be necessary to afford such person
 15        full  enjoyment  of the premises. Provided, that, in the case of a rental,
 16        the landlord may, where it is reasonable to do  so,  condition  permission
 17        for  a  modification on the renter agreeing to restore the interior, exte-
 18        rior, or both, of the premises, to the condition that existed  before  the
 19        modification, reasonable wear and tear excepted. The provision for restor-
 20        ation shall be included in any lease or rental agreement.
 21        (89)  For a person to whom application is made for financial assistance in
 22    connection with a real estate transaction or for the construction, rehabilita-
 23    tion,  repair,  maintenance, or improvement of real property, or a representa-
 24    tive of such a person;:
 25        (a)  tTo discriminate against the applicant,
 26        (b)  tTo use a form of application for financial assistance or to make  or
 27        keep  a  record  or  inquiry in connection with applications for financial
 28        assistance which indicates directly or indirectly, an  intent  to  make  a
 29        limitation, specification, or discrimination.
 30        (910) To insert in a written instrument relating to real property a provi-
 31    sion  which  purports to forbid or restrict the conveyance, encumbrance, occu-
 32    pancy or lease thereof;
 33        (101) For a person for the purpose of inducing a real  estate  transaction
 34    from which he may benefit financially;:
 35        (a)  tTo  represent that a change has occurred or will or may occur in the
 36        composition of the owners or occupants in the block, neighborhood, or area
 37        in which the real property is located, or
 38        (b)  tTo represent that this change will or may result in the lowering  of
 39        property  values, an increase in criminal or anti-social antisocial behav-
 40        ior, or a decline in the quality of schools in the block, neighborhood, or
 41        area in which the real property is located.
 42        SECTION 5.  That Section 67-5910, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
 44        67-5910.  LIMITATIONS.  (1) This act chapter does not apply to a religious
 45    corporation, association, or society with respect to the employment  of  indi-
 46    viduals  of  a particular religion to perform work connected with the carrying
 47    on by the corporation, association, or society of its religious activities.
 48        (2)  It is not a discriminatory practice;:
 49        (a)  fFor an employer to employ an employee, or an  employment  agency  to
 50        classify  or  refer for employment an individual, for a labor organization
 51        to classify its membership or to classify or refer for employment an indi-
 52        vidual, or for an employer, labor organization, or joint  labor-management
 53        committee  controlling  an  apprenticeship or other training or retraining
  1        program, on the basis of his religion, sex, national  origin,  or  age  if
  2        religion,  sex, national origin, or age is a bona fide occupational quali-
  3        fication reasonably necessary to the normal operation of the  business  or
  4        enterprise, or
  5        (b)  fFor an employer, employment agency, or labor organization to observe
  6        the  terms of a bona fide seniority system or any bona fide employee bene-
  7        fit plan such as a retirement, pension, or insurance plan, which is not  a
  8        subterfuge  to evade the purposes of this act chapter, except that no such
  9        employee benefit plan shall excuse the failure to hire any individual, and
 10        no such seniority system or employee benefit plan shall require or  permit
 11        involuntary  retirement  of any individual specified in subsection (79) of
 12        this section because of the age of such individual; however, the  prohibi-
 13        tion against age discrimination contained in this act chapter shall not be
 14        construed  to prohibit compulsory retirement if such retirement is permit-
 15        ted under the terms of 29 U.S.C., section 631(c)(1) and (2), or
 16        (c)  fFor a religious educational institution or an educational  organiza-
 17        tion  to  limit employment or give preference to members of the same reli-
 18        gion, or
 19        (d)  fFor an employer, employment agency, or labor  organization  to  dis-
 20        criminate  against  a  person  with  a disability which, under the circum-
 21        stances, poses a serious direct threat to the health or safety of the per-
 22        son with a disability or others.  The burden of proving  this  defense  is
 23        upon the employer, labor organization, or employment agency.
 24        (3)  Nothing  in  this  chapter shall require a person who owns, leases or
 25    operates a place of public accommodation, to permit an individual with a  dis-
 26    ability  to  participate  in  or benefit from the goods, services, facilities,
 27    privileges, advantages and accommodations of such place of  public  accommoda-
 28    tion,  where  such individual poses a direct threat to the health or safety of
 29    others. The burden of proving this defense is upon the person who owns, leases
 30    or operates a place of public accommodation.
 31        (4)  This act chapter does not apply to a private club,  or  other  estab-
 32    lishment  not in fact open to the public, except to the extent that the goods,
 33    services, facilities, privileges, advantages or accommodations of  the  estab-
 34    lishment  are made available to the customers or patrons of another establish-
 35    ment that is a place of public accommodation.
 36        (5)  The provisions of section 67-5909(6), Idaho Code, do not apply to:
 37        (a)  Any agency of or any governmental entity within the state; or
 38        (b)  Religious organizations or entities controlled by religious organiza-
 39        tions, including places of worship.
 40        (46)  Notwithstanding any other provisions of this act chapter, it is  not
 41    a discriminatory practice for;:
 42        (a)  aA  religious  educational  institution or an educational institution
 43        operated, supervised, or controlled by a religious institution  (operated,
 44        supervised,  or  controlled by a religious institution) or organization to
 45        limit admission or give preference to applicants of the same religion, or
 46        (b)  aAn educational institution to accept and administer an  inter  vivos
 47        or  testamentary  gift  upon  the  terms  and conditions prescribed by the
 48        donor.
 49        (57)  The provisions of section 67-5909(78), Idaho Code, do not apply;:
 50        (a)  tTo the rental of a housing accommodation in a  building  which  con-
 51        tains  housing  accommodations  for  not more than two (2) families living
 52        independently of each other, if the lessor  or  a  member  of  his  family
 53        resides in one (1) of the housing accommodations, or
 54        (b)  tTo  the  rental  of a room or rooms in a housing accommodation by an
 55        individual if he or a member of his family resides therein.
  1        (68)  It is not a discriminatory practice for a religious  institution  or
  2    organization  or a charitable or educational organization operated, supervised
  3    or controlled by a religious institution or organization to give preference to
  4    members of the same religion in a real property transaction.
  5        (79)  The prohibitions against discrimination based on  age  contained  in
  6    this  act  chapter shall be limited to individuals who are at least forty (40)
  7    years of age.
  8        SECTION 6.  That Section 67-5911, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 10        67-5911.  REPRISALS  FOR OPPOSING UNLAWFUL PRACTICES. It shall be unlawful
 11    for an employer, employment agency, or labor  organization  a  person  or  any
 12    business  entity subject to regulation by this chapter to discriminate against
 13    any individual because he or she has opposed any  practice  made  unlawful  by
 14    this  act  chapter  or  because  such individual has made a charge, testified,
 15    assisted, or participated in any manner in an  investigation,  proceeding,  or
 16    litigation under this act chapter.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 15014

A task force, spearheaded by the Idaho State Independent Living Council
(SILC)and the Idaho Task Force on the Americans with Disabilities Act
(ADA), with members drawn from disability organizations, the state
legislature, state government, city and county representatives,
businesses, employers, and the Governor's office, has worked on
developing this legislation over the past year and a half.  The
legislation would do the following:

Strengthen the Human Rights Act by adding disability to the current
prohibitions of discrimination in connection with public accommodations
(private businesses).

Provide a user friendly, one-stop destination for businesses and people
with disabilities to easily access mediation and/or enforcement on a
local level, through the Human Rights Commission.

Allow better access to persons with disabilities while recognizing the
legitimate needs of Idaho's private businesses.

Define "readily achievable" as something that a private business can do
without much difficulty or expense.

The proposed changes add to state law those obligations already
applicable to private businesses under federal law.  Government entities
are not affected by the changes regarding places of public accommodation.

                             FISCAL NOTE

The fiscal impact will be $20,000 per year.  This figure was calculated
based on average statistics provided to the Idaho Human Rights Commission
by Washington, Alaska and Oregon.

Name:  Kelly Buckland 
Phone: 208-334-3800

STATEMENT OF PURPOSE/FISCAL NOTE                             H 249