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F I S C A L I M P A C T R E P O R T

SPONSOR Miera

DATE TYPED 3/10/05

HB 1082

SHORT TITLE Public Accommodation for Motorcycle Riders

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General (AGO)

SUMMARY

Synopsis of Bill

House Bill 1082 prohibits a place of public accommodation from restricting 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 organi-

zation or association. A place of public accommodation may restrict access because the person’s

conduct poses a health or safety risk or because the person’s clothing does not conform to an es-

tablished and posted dress code.

An aggrieved person may bring an action for civil damages in an amount not to exceed $500,

injunctive relief, and recovery of attorney fees in an amount not to exceed $500.

“Place of public accommodation” means a business, refreshment, entertainment, recreation or

transportation facility of any kind, whether licensed or not, whose goods, services, privileges or

accommodations are extended, offered, sold, or otherwise made available to the public.

Significant Issues

The New Mexico Human Rights Act states that it is an unlawful discriminatory practice for any

person in any public accommodation to make distinction, directly or indirectly, in offering or re-

House Bill 1082 -- Page 2

fusing to offer its services, facilities, accommodations or goods to any person because of race,

religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affilia-

tion or physical or mental handicap (Section 28-1-7 NMSA 1978).

The Human Rights Act defines “public accommodation” as “any establishment that provides or

offers its services, facilities, accommodations or goods to the public, but does not include a bona

fide private club or other place or establishment that is by its nature and use distinctly private.”

(Section 28-1-2 NMSA 1978).

House Bill 1082 would go beyond the protections in the Human Rights Act to provide additional

protections for motorcycle riders. These protections would not extend to other persons whose

affiliations with groups or activities might be used by another as a basis to restrict access.

The definition of public accommodation in the bill appears to apply to private clubs and organi-

zations whereas the definition in the Human Rights Act expressly exempts private clubs and or-

ganizations from the anti-discrimination provisions. Thus, the bill appears to provide even

greater protections to motorcycle riders than are provided to individuals based on such factors as

race, sex, and religion.

FISCAL IMPLICATIONS

House Bill 1082 creates a private right of action for the enforcement of its provisions and is not

likely to have a fiscal impact to the state.

TECHNICAL ISSUES

The bill’s definition of “public accommodation” appears to provide greater protections to motor-

cycle riders than those provided to protected individuals under the Human Rights Act.

POSSIBLE QUESTONS

What is the need for the bill.

Is it appropriate to single out motorcycle riders for special protections.

Are any other activity-based groups or affiliations in need of similar protections.

EF/yr