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Senate Study Bill 111

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 216.2, subsection 12, Code 1995, is
  1  2 amended to read as follows:
  1  3    12.  "Public accommodation" means each and every place,
  1  4 establishment, or facility of whatever kind, nature, or class
  1  5 a sole proprietorship, partnership, limited partnership,
  1  6 limited liability company, professional corporation,
  1  7 unincorporated association, or a corporation that caters or
  1  8 offers services, facilities, or goods for a fee or charge to
  1  9 nonmembers of any organization or association utilizing the
  1 10 place, establishment, or facility, the public provided that
  1 11 any place, establishment, or facility a sole proprietorship,
  1 12 partnership, limited partnership, limited liability company,
  1 13 professional corporation, unincorporated association, or a
  1 14 corporation that caters or offers services, facilities, or
  1 15 goods to the nonmembers public gratuitously shall be deemed a
  1 16 public accommodation if the accommodation sole proprietorship,
  1 17 partnership, limited partnership, limited liability company,
  1 18 professional corporation, unincorporated association, or a
  1 19 corporation receives governmental support or subsidy.  Public
  1 20 accommodation shall does not mean any a bona fide private club
  1 21 or other place, establishment, or facility which is by its
  1 22 nature distinctly private, except when such distinctly private
  1 23 place, establishment, or facility a club caters or offers
  1 24 services, facilities, or goods to the nonmembers gratuitously
  1 25 or for a fee or charge or gratuitously, it the club shall be
  1 26 deemed a public accommodation during such period.
  1 27    "Public accommodation" includes each state and local
  1 28 government unit or tax-supported district of whatever kind,
  1 29 nature, or class that offers services, facilities, benefits,
  1 30 grants or goods to the public, gratuitously or otherwise.
  1 31 This paragraph shall not be construed by negative implication
  1 32 or otherwise to restrict any part or portion of the pre-
  1 33 existing definition of the term "public accommodation".
  1 34    "Public accommodation" does not include the business of
  1 35 insurance.
  2  1    Sec. 2.  Section 216.5, subsection 2, Code 1995, is amended
  2  2 to read as follows:
  2  3    2.  a.  To receive, investigate, and finally determine the
  2  4 merits of complaints alleging unfair or discriminatory
  2  5 practices.
  2  6    b.  During the course of the investigation of such a
  2  7 complaint, the commission shall have the power to issue a
  2  8 subpoena to compel any person to appear, give sworn testimony,
  2  9 or produce documents or any other evidence relating to any
  2 10 matter involved in the complaint.  The commission, including
  2 11 the commission's director, investigators, and administrative
  2 12 law judges, shall have the authority to administer oaths to
  2 13 persons giving testimony before them.  If a witness either
  2 14 fails or refuses to obey a subpoena issued by the commission,
  2 15 the commission may petition the court for an order directing
  2 16 obedience to the subpoena.  If the court finds that the
  2 17 subpoena should be obeyed, the court shall enter an order
  2 18 requiring obedience to the subpoena.  Refusal to obey the
  2 19 court order is subject to punishment for contempt.
  2 20    A person subpoenaed to provide testimony to the commission
  2 21 may be represented by counsel during the person's testimony.
  2 22 If the person has served or is serving in a managerial
  2 23 capacity for the respondent named in a complaint, the
  2 24 commission shall notify the respondent, or the respondent's
  2 25 designated representative, of the date and time the testimony
  2 26 is to be taken and shall permit the attendance of the
  2 27 respondent, the respondent's designated representative, and
  2 28 the respondent's counsel when the testimony is taken.
  2 29    Sec. 3.  Section 216.7, subsection 1, unnumbered paragraph
  2 30 1, Code 1995, is amended to read as follows:
  2 31    It shall be an unfair or discriminatory practice for any
  2 32 owner, lessee, sublessee, proprietor, manager, or
  2 33 superintendent of any public accommodation or any agent or
  2 34 employee thereof:  
  2 35                           EXPLANATION
  3  1    The bill changes the definition of public accommodation to
  3  2 include accommodations that are providing services but not at
  3  3 a place that is open to the public.  The bill excludes the
  3  4 business of insurance from the definition of public
  3  5 accommodation.
  3  6    The bill also gives the commission authority to issue and
  3  7 enforce subpoenas during the investigation of a complaint.  
  3  8                      BACKGROUND STATEMENT
  3  9                     SUBMITTED BY THE AGENCY
  3 10    The definition of public accommodation needs to be changed
  3 11 to include those public accommodations which provide services
  3 12 such as delivery or mail order businesses.  These businesses
  3 13 are not covered under current law because they are not
  3 14 providing services at a place that is open to the public.  
  3 15 LSB 1238DP 76
  3 16 ec/jj/8.1
     

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