LB750 LB750
2020 2020
LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 750
Introduced by Blood, 3.
Read first time January 08, 2020
Committee: Judiciary
1 A BILL FOR AN ACT relating to discrimination; to amend sections 18-1724,
2 20-113, 20-132, 20-134, 20-139, 20-317, 20-318, 20-320, 20-321,
3 20-322, 20-325, 23-2525, 23-2531, 23-2541, 25-1601.03, 29-401,
4 45-1056, 48-215, 48-1101, 48-1104, 48-1105, 48-1106, 48-1107,
5 48-1108, 48-1113, 48-1115, 48-1122, 48-1124, 48-1125, 49-801,
6 58-216, 68-1605, 75-325, and 76-1495, Reissue Revised Statutes of
7 Nebraska, sections 39-210, 48-628.13, 48-1111, 48-1117, 48-1119,
8 51-211, 58-808, 58-809, 58-810, and 81-885.24, Revised Statutes
9 Cumulative Supplement, 2018, and sections 32-221 and 32-230, Revised
10 Statutes Supplement, 2019; to prohibit discrimination based upon
11 military or veteran status as prescribed; to define terms; to
12 harmonize provisions; and to repeal the original sections.
13 Be it enacted by the people of the State of Nebraska,
-1-
LB750 LB750
2020 2020
1 Section 1. Section 18-1724, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 18-1724 Notwithstanding any other law or laws heretofore enacted,
4 all cities and villages in this state shall have the power by ordinance
5 to define, regulate, suppress, and prevent discrimination on the basis of
6 race, color, creed, religion, ancestry, sex, marital status, national
7 origin, familial status as defined in section 20-311, handicap as defined
8 in section 20-313, age, or disability, or military or veteran status in
9 employment, public accommodation, and housing and may provide for the
10 enforcement of such ordinances by providing appropriate penalties for the
11 violation thereof. It shall not be an unlawful employment practice to
12 refuse employment based on a policy of not employing both husband and
13 wife if such policy is equally applied to both sexes.
14 Sec. 2. Section 20-113, Reissue Revised Statutes of Nebraska, is
15 amended to read:
16 20-113 (1) Any incorporated city may enact ordinances and any
17 county may adopt resolutions which are substantially equivalent to the
18 Age Discrimination in Employment Act, the Nebraska Fair Employment
19 Practice Act, the Nebraska Fair Housing Act, and sections 20-126 to
20 20-143 and 48-1219 to 48-1227 or which are more comprehensive than such
21 acts and sections in the protection of civil rights. No such ordinance or
22 resolution shall place a duty or liability on any person, other than an
23 employer, employment agency, or labor organization, for acts similar to
24 those prohibited by section 48-1115. Such ordinance or resolution may
25 include authority for a local agency to seek an award of damages or other
26 equitable relief on behalf of the complainant by the filing of a petition
27 in the district court in the county with appropriate jurisdiction. The
28 local agency shall have within its authority jurisdiction substantially
29 equivalent to or more comprehensive than the Equal Opportunity Commission
30 or other enforcement agencies provided under such acts and sections and
31 shall have authority to order backpay and other equitable relief or to
-2-
LB750 LB750
2020 2020
1 enforce such orders or relief in the district court with appropriate
2 jurisdiction. Certified copies of such ordinances or resolutions shall be
3 transmitted to the commission. When the commission determines that any
4 such city or county has enacted an ordinance or adopted a resolution that
5 is substantially equivalent to such acts and sections or is more
6 comprehensive than such acts and sections in the protection of civil
7 rights and has established a local agency to administer such ordinance or
8 resolution, the commission may thereafter refer all complaints arising in
9 such city or county to the appropriate local agency. All complaints
10 arising within a city shall be referred to the appropriate agency in such
11 city when both the city and the county in which the city is located have
12 established agencies pursuant to this section. When the commission refers
13 a complaint to a local agency, it shall take no further action on such
14 complaint if the local agency proceeds promptly to handle such complaint
15 pursuant to the local ordinance or resolution. If the commission
16 determines that a local agency is not handling a complaint with
17 reasonable promptness or that the protection of the rights of the parties
18 or the interests of justice require such action, the commission may
19 regain jurisdiction of the complaint and proceed to handle it in the same
20 manner as other complaints which are not referred to local agencies. In
21 cases of conflict between this section and section 20-332, for complaints
22 subject to the Nebraska Fair Housing Act, section 20-332 shall control.
23 (2)(a) Any club which has been issued a license by the Nebraska
24 Liquor Control Commission to sell, serve, or dispense alcoholic liquor
25 shall have that license revoked if the club discriminates because of
26 race, color, religion, sex, familial status as defined in section 20-311,
27 handicap as defined in section 20-313, or national origin, or military or
28 veteran status in the sale, serving, or dispensing of alcoholic liquor to
29 any person who is a guest of a member of such club.
30 (b) The procedure for revocation shall be as prescribed in sections
31 53-134.04, 53-1,115, and 53-1,116.
-3-
LB750 LB750
2020 2020
1 (c) This subsection does not prohibit a club from, on an otherwise
2 nondiscriminatory basis, limiting admission or service to veterans or
3 servicemembers or their family members or providing discounts or other
4 benefits to veterans or servicemembers or their family members.
5 Sec. 3. Section 20-132, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 20-132 All persons within this state shall be entitled to a full and
8 equal enjoyment of any place of public accommodation, as defined in
9 sections 20-132 to 20-143, without discrimination or segregation on the
10 grounds of race, color, sex, religion, national origin, or ancestry, or
11 military or veteran status.
12 Sec. 4. Section 20-134, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 20-134 (1) Any person who directly or indirectly refuses, withholds
15 from, denies, or attempts to refuse, withhold, or deny, to any other
16 person any of the accommodations, advantages, facilities, services, or
17 privileges, or who segregates any person in a place of public
18 accommodation on the basis of race, creed, color, sex, religion, national
19 origin, or ancestry, or military or veteran status, shall be guilty of
20 discriminatory practice and shall be subject to the penalties of sections
21 20-132 to 20-143.
22 (2) It is not a discriminatory practice under sections 20-132 to
23 20-143 for a person or a place of public accommodation to, on an
24 otherwise nondiscriminatory basis, limit admission or service to veterans
25 or servicemembers or their family members or provide discounts or other
26 benefits to veterans or servicemembers or their family members.
27 Sec. 5. Section 20-139, Reissue Revised Statutes of Nebraska, is
28 amended to read:
29 20-139 The Nebraska Fair Housing Act and sections 20-123, 20-124,
30 and 20-132 to 20-143 shall be administered by the Equal Opportunity
31 Commission, except that the State Fire Marshal shall administer the act
-4-
LB750 LB750
2020 2020
1 and sections as they relate to accessibility standards and specifications
2 set forth in sections 81-5,147 and 81-5,148. The county attorneys are
3 granted the authority to enforce such act and sections 20-123, 20-124,
4 and 20-132 to 20-143 and shall possess the same powers and duties with
5 respect thereto as the commission. If a complaint is filed with the
6 county attorney, the commission shall be notified. Powers granted to and
7 duties imposed upon the commission pursuant to such act and sections
8 shall be in addition to the provisions of the Nebraska Fair Employment
9 Practice Act and shall not be construed to amend or restrict those
10 provisions. In carrying out the Nebraska Fair Housing Act and sections
11 20-123, 20-124, and 20-132 to 20-143, the commission shall have the power
12 to:
13 (1) Seek to eliminate and prevent discrimination in places of public
14 accommodation because of race, color, sex, religion, national origin,
15 familial status as defined in section 20-311, handicap as defined in
16 section 20-313, or ancestry, or military or veteran status;
17 (2) Effectuate the purposes of sections 20-132 to 20-143 by
18 conference, conciliation, and persuasion so that persons may be
19 guaranteed their civil rights and goodwill may be fostered;
20 (3) Formulate policies to effectuate the purposes of sections 20-132
21 to 20-143 and make recommendations to agencies and officers of the state
22 or local subdivisions of government in aid of such policies and purposes;
23 (4) Adopt and promulgate rules and regulations to carry out the
24 powers granted by the Nebraska Fair Housing Act and sections 20-123,
25 20-124, and 20-132 to 20-143, subject to the provisions of the
26 Administrative Procedure Act. The commission shall, not later than one
27 hundred eighty days after September 6, 1991, issue draft rules and
28 regulations to implement subsection (3) of section 20-336, which
29 regulations may incorporate regulations of the Department of Housing and
30 Urban Development as applicable;
31 (5) Designate one or more members of the commission or a member of
-5-
LB750 LB750
2020 2020
1 the commission staff to conduct investigations of any complaint alleging
2 discrimination because of race, color, sex, religion, national origin,
3 familial status, handicap, or ancestry, or military or veteran status,
4 attempt to resolve such complaint by conference, conciliation, and
5 persuasion, and conduct such conciliation meetings and conferences as are
6 deemed necessary to resolve a particular complaint, which meetings shall
7 be held in the county in which the complaint arose;
8 (6) Determine that probable cause exists for crediting the
9 allegations of a complaint;
10 (7) Determine that a complaint cannot be resolved by conference,
11 conciliation, or persuasion, such determination to be made only at a
12 meeting where a quorum is present;
13 (8) Dismiss a complaint when it is determined there is not probable
14 cause to credit the allegations;
15 (9) Hold hearings, subpoena witnesses and compel their attendance,
16 administer oaths, take the testimony of any person under oath, and in
17 connection therewith require for examination any books or papers relating
18 to any matter under investigation or in question before the commission;
19 and
20 (10) Issue publications and the results of studies and research
21 which will tend to promote goodwill and minimize or eliminate
22 discrimination because of race, color, sex, religion, national origin,
23 familial status, handicap, or ancestry, or military or veteran status.
24 Sec. 6. Section 20-317, Reissue Revised Statutes of Nebraska, is
25 amended to read:
26 20-317 Restrictive covenant shall mean any specification limiting
27 the transfer, rental, or lease of any housing because of race, creed,
28 religion, color, national origin, sex, handicap, familial status, or
29 ancestry, or military or veteran status.
30 Sec. 7. Section 20-318, Reissue Revised Statutes of Nebraska, is
31 amended to read:
-6-
LB750 LB750
2020 2020
1 20-318 Except as exempted by section 20-322, it shall be unlawful
2 to:
3 (1) Refuse to sell or rent after the making of a bona fide offer,
4 refuse to negotiate for the sale or rental of or otherwise make
5 unavailable or deny, refuse to show, or refuse to receive and transmit an
6 offer for a dwelling to any person because of race, color, religion,
7 national origin, familial status, or sex, or military or veteran status;
8 (2) Discriminate against any person in the terms, conditions, or
9 privileges of sale or rental of a dwelling or in the provision of
10 services or facilities in connection therewith because of race, color,
11 religion, national origin, familial status, or sex, or military or
12 veteran status;
13 (3) Make, print, publish, or cause to be made, printed, or published
14 any notice, statement, or advertisement with respect to the sale or
15 rental of a dwelling that indicates any preference, limitation, or
16 discrimination based on race, color, religion, national origin, handicap,
17 familial status, or sex, or military or veteran status or an intention to
18 make any such preference, limitation, or discrimination;
19 (4) Represent to any person because of race, color, religion,
20 national origin, handicap, familial status, or sex, or military or
21 veteran status that any dwelling is not available for inspection, sale,
22 or rental when such dwelling is in fact so available;
23 (5) Cause to be made any written or oral inquiry or record
24 concerning the race, color, religion, national origin, handicap, familial
25 status, or sex, or military or veteran status of a person seeking to
26 purchase, rent, or lease any housing;
27 (6) Include in any transfer, sale, rental, or lease of housing any
28 restrictive covenants or honor or exercise or attempt to honor or
29 exercise any restrictive covenant pertaining to housing;
30 (7) Discharge or demote an employee or agent or discriminate in the
31 compensation of such employee or agent because of such employee's or
-7-
LB750 LB750
2020 2020
1 agent's compliance with the Nebraska Fair Housing Act; and
2 (8) Induce or attempt to induce, for profit, any person to sell or
3 rent any dwelling by representations regarding the entry or prospective
4 entry into the neighborhood of a person or persons of a particular race,
5 color, religion, national origin, handicap, familial status, or sex, or
6 military or veteran status.
7 Sec. 8. Section 20-320, Reissue Revised Statutes of Nebraska, is
8 amended to read:
9 20-320 (1) Except as exempted by section 20-322, it It shall be
10 unlawful for any person or other entity whose business includes engaging
11 in transactions related to residential real estate to discriminate
12 against any person in making available such a transaction or in the terms
13 or conditions of such a transaction because of race, color, religion,
14 sex, handicap, familial status, or national origin, or military or
15 veteran status.
16 (2) For purposes of this section, transaction related to residential
17 real estate shall mean any of th