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Sponsor seeks private right of action for civil-rights statute; Attorney General supports notice-and-intervention amendment
Summary
Sen. Donovan Fenton introduced SB 139 to allow private civil suits under New Hampshire's civil-rights ("veil rights") statute; the Attorney General's Office supported an amendment requiring notice to and a right for the AG to intervene in private suits.
Senator Donovan Fenton introduced SB 139, a bill to allow private parties to bring civil actions under the state’s civil-rights protections (commonly called the "Veil Rights Act"). Fenton told the committee the change would give victims of harassment, intimidation or identity‑based conduct an additional enforcement tool alongside the Attorney General's existing authority.
"This legislation does not replace the Attorney General's role in enforcing civil rights protections; it strengthens it," Fenton said, adding the bill would require the Attorney General's office to be notified of private filings and would allow the office to intervene in matters affecting the public interest.
Several stakeholders supported the idea at the hearing. Michael Atkins, an attorney and the NAACP's legal redress chair for Greater Nashua, said the amendment to require AG notice and the AG’s right to intervene were appropriate; he noted neighboring New England states allow private causes of action for similar statutes. Sean Locke, a senior assistant attorney general, testified for the Department of Justice. The department said it was neutral on the bill’s creation of a private cause of action but supported an amendment (requested by the department) that would ensure the Attorney General is notified of private filings and has the ability to intervene to protect the public interest. Locke said the civil-rights unit has grown in recent years and that many of the complaints the office receives are property‑damage or vandalism matters; giving the AG notice of private filings would help the department coordinate enforcement and protect the public.
No committee action was taken at the hearing; senators asked technical questions about remedies and how the AG's oversight would operate if a private suit were filed. The department noted private filings could increase the unit's caseload and asked the committee to consider that potential resource impact.
