This bill establishes a private right of action for individuals who have experienced civil rights violations under the New Hampshire Civil Rights Act (RSA 354-B). It allows any person subjected to unlawful interference with their rights to file a lawsuit, seeking damages and equitable relief, including injunctions. The bill stipulates that if a court or jury finds in favor of the plaintiff, they may recover actual damages or a minimum of $10,000, with the potential for damages to be doubled or tripled in cases of willful violations. Additionally, the bill mandates that a prevailing plaintiff is entitled to recover attorney's fees and costs, and any waiver of these rights is deemed void. The Attorney General's office will be notified of any actions filed and judgments made under this new provision.
The bill also anticipates an increase in complaints and litigation, which may require additional resources from the Department of Justice to manage the expected rise in private actions and restraining orders. The estimated fiscal impact includes an indeterminable increase in expenditures, with projections of over $222,000 in FY 2026, rising slightly in subsequent years. The bill is set to take effect on January 1, 2026, and it modifies existing law by inserting new provisions while removing the exclusive authority of the Attorney General to file civil rights actions.