House of Representatives

SB 1240

credit cards; taxes; fees

Sponsors: Soloman

DP	Committee on Energy Utilities and Technology
X	Committee on Ways and Means
	Caucus and COW
	As Passed the House

SB 1240 exempts the Department of Revenue from deducting discount or convenience fees from credit card or charge card transactions for any payment due the state. This means that the General Fund will receive one hundred per cent of any credit/charge card transaction with the discount and or convenience fee borne by the credit card holder. The proposed strike-everything amendment relates to state government practices that prohibit employers from discriminating against employees or job applicants on the basis of gender identity or sexual orientation and updates terminology associated with discriminatory employment practices.

History

Currently, under Title 41 relating to state government, it is unlawful for employers to discriminate against handicapped persons or others on the basis of race, color, sex, age or national origin. The proposed strike-everything amendment updates employment related terms and adds gender identity and sexual orientation to the list of factors that may not be used as a basis for discrimination in employment practices. Additionally, the definition of “handicap” is changed to “disability” and is expanded to include a mental impairment that substantially limits one or more of the major life activities of an individual. The proposed amendment also allows employers to impose appropriate dress codes for their workplace.

Provisions

· Defines “covered entity” as an employer, employment agency, labor organization or joint labor-management committee.

· Redefines “handicap” as a “disability” and changes the definition to include current or recent use of alcohol. “Disability” is expanded to include mental impairment as well as physical impairment.

· Clarifies that the definition of “employee” does not include elected officials or their personal staff.

· Defines “gender identity” as an individual’s masculine or feminine attributes, which includes preoperative and postoperative transsexuals, as well as transgendered persons.

· Updates the term “qualified handicapped individual” to a “qualified individual with a disability”.

· Redefines “reasonable accommodation” as those things that could be done for an employee rather than those things that cannot be done to an employer. Currently this term refers to a facility that does not disrupt or interfere with the employer’s normal operations, threaten the health or safety of a handicapped person or impose a hardship on the employer, based on financial resources and costs of accommodations. “Reasonable accommodation” will include making existing facilities readily accessible and usable by individual with a disability. It also includes job restructuring, part-time or modified work schedules, modification of equipment, appropriate modifications of examinations or training materials and policies, including interpreters or other similar accommodations.

· Adds a definition of “sexual orientation” to mean any affectional, emotional or physical attraction to persons of the same or opposite gender or to persons of both genders. This does not include an attraction to minors.

· Adds a definition of “undue hardship” to mean actions requiring significant difficulty or expense.

· Clarifies that it is unlawful to discriminate based on gender or disability (currently refers to sex or handicap).

· Provides unlawful employment practices for covered entities regarding disabled individuals. Covered entities may use an employment test, standards or other criteria for employment as long as it is not intended to discriminate or deny access to disabled individuals. Reasonable accommodations must be made unless it would impose an undue hardship on the operation of the business.

· Allows employers to have a written gender specific dress code.

· Specifically prohibits public employers to discriminate in any way (hiring, firing, promotion, classification, training programs, etc.) against individuals based on their sexual orientation or gender identity. This does not require less qualified individuals to be preferred over better qualified persons simply because of sexual orientation or gender identity. A public employer is the state or any political subdivision.

· Makes technical and conforming changes.

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45th Legislature

First Regular Session 3 April 3, 2001

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