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BILL AS INTRODUCED 2007-2008

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H.715

Introduced by Representatives Koch of Barre Town, Allard of St. Albans Town, Flory of Pittsford, Gervais of Enosburg, Kilmartin of Newport City, McNeil of Rutland Town and Rodgers of Glover

Referred to Committee on

Date:

Subject:  Discrimination; public accommodations; correctional facilities

Statement of purpose:  This bill proposes to exclude correctional facilities from the definition of “place of public accommodation” in state discrimination law.

AN ACT RELATING TO DISCRIMINATION IN PUBLIC ACCOMMODATIONS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. § 4501 is amended to read:

§ 4501.  DEFINITIONS

As used in this chapter:

(1)  “Place of public accommodation” means any school, restaurant, store, establishment or other facility at which services, facilities, goods, privileges, advantages, benefits, or accommodations are offered to the general public, provided that a place of public accommodation shall not include a correctional facility.

* * *

(4)  “Owner” includes any person having “Own” means to have a legal or beneficial interest in real estate which gives him or her the right to possession thereof.

* * *

(8)  “Public Operator of a place of public accommodation” means an individual, organization, governmental or other entity that owns, leases, leases to, or operates a place of public accommodation.

(9)  “Readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense.  In determining whether an action is readily achievable, the factors considered in determining whether an action is an undue burden pursuant to subsection subdivision (10) of this section apply.

(10)  “Undue burden” means significant difficulty or expense.  In determining whether an action would result in an undue burden, the following factors shall be considered:

(A)  The nature and cost of the action needed.

(B)  The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures, or any other impact of the action on the operation of the site.

(C)  The geographic separateness and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity.

(D)  If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; and the number, type, and location of its facilities.

(E)  If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us