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HomeMy WebLinkAbout1999-12-13 00-49 RESOLVECDunCILACICVI item No. 00-49 Date: December 13, 1999 Item/SubjeR: Resolve, Supporting We Adoption of ID 2339, "An Act to Ensure Civil Will and prevent Discrimination.' Responsible Department: City Council The attached resolve has been prepared and is presentetl at the request of CouMlrr Vaidamis W2239 will be considered in the rest IedlslatNe session. It wood ensure that all dozen, regardless of Meir serval orientation, love the same dvil rights prctections now guaranteed in emphhymenp Musing, public attpnmodMions and credit to citizens an the one of race, prior, reglrn, seri age, national origin, and physical ar mesal handicap. The bill makes b clear thatthis change in the Maine Hunan Right AR does not const kgisWbve approval of or slowed right to anyone or any group. The cll also requires Mat this change in law M submitted to the voters at We next general election. The attl reaches will Indicate that the Oty Wuncil supports passage of this legislation and directi staff to provide copies of the resolve m cur state legislative deet on and the Cwvernrr. Such a resolve has no legally binding effect on the Oty of Dango w b mWent. It does, however, state the adopted opinion of the Caun aM will serve as an amhorbadon for sm W speak In favor of this pmpnsal on behab cr the qty. This Wob%sal was reviewed by We Municipal Operations ( rnmahe which recommends consideration and approval by We full Counol. At the meeting, there were some concerns miser as to whether adopdre such desolutlon falls within the appopriate robe of the City Council. Ths issue may core forwaml on Monday for Hassion. Department Head MaMgel's Commenl City Manager Associated! Information: Resolvy LD 3339 Rnance Director Legal Approval: Ciry 9rlidmr Introducedfer Passage _ Fest ReadingFi page_ M Referralltto Finance ennigane to Councilor Varaais Dece ar 13, 1999 CITY OF BANGOR (TIRE.) Resolve, Supporting the Adoption of LD 2239, "An Act to Ensure Civil Rights and Prevent Discrimination." By the City Cbunay of the Ory ofBangor.' RESOLPED WHEREAS, the City of Bangor Is opposed to all forms of discrimination; and WHEREAS, there is currently legislation before the 119th Maine Legislature, namely LD 2239, "An Act to Ensure Civil Rights and Prevent Discrimination"; and WHEREAS, Bald legislation shall amend <We;t g Maine law to include a prohibition against discrimination based upon one's sexual orientation; and WHEREAS, LD 2239 requires that this legislation be submitted to the electorate at the next General electbn for the dtixens of the State to vote on the acceptance or rejection of this act; and WHEREAS, the City of Bangor believes that all tltizens, regardless of their sexual orientation, should have the same civil rights protections currently guarenteed to others in won areas as employmeM horsing, public accommodations and credit arid WHEREAS, this proposal also makes it clear that this charge in the Maine Human Rights Ad does not confer legislative approval of or special rights to anyone or any group. NOW, THEREFORE, BE rr RESOLVED by the qty Council of the pry of Bangor that we support the passage of LD 2239, "An Act to Ensure CMI Rights and Prevent Discrimination." And be it further RESOLVED that a copy of the Council Resolve be seM W the City of Bangoes legislative delegation and the Governor. IN CITY COINCIL December 13. 1999 Motion for Passage Nada and seconded Ron gorses. 157 Boneless. thanked Cowell for their support of 192239 Ralph Poster. opposed to special - rights for Particular groups of people. Sohn Hanson. Ranges, sup- ported this Council Attlee Passed 0137 CI.9P� Title, supporting the Adoption of LD 2239 "Aa Act to goaurc Civil Rights and Prevent Dlscriatnation" 00-49 41 T 119th MAINE LEGISLATURE FIRST REGULAR SESSION -1999 Legislative Document No. 2239 S.P. 840 In Senate, May 24, 1999 An Act to Ensure Gvit Rights and Prevent Discrimination. --Reference to the Committee on Judiciary suggested and ordered printed. . JOY L O'BRIEN Secretary of the Senate Presented by Senator ABROMSON of Cumberland. Cosponsored by Represemauve SAXI- of Portland and Senators: AMERO of Cumberland, President LAWRENCE of York, MacHIHNON of York, MITCHELL of Penobscot, Repre=sentatives: QUINT of Portland, STAN'W OOD of Southwest Harbor, WILLIAMS of Orono, C.iMERON of Rumford, NOR13ERT of Portland, Speaker ROWE of Portland, STEVENS of Orono. 00-69 414 MEMORANDUM Ton hal Operation Commune Fro Norman S. Heitmmm N, City Solicitor Re: L 239 An Auto Ensure Civil Rights and Prevent Date: Dec bar 2. 1999 Councilor damiswillinvoducea Council Resoly pportingpassageofL 2339,An Actto Ens ivil Rightsand Prevent Discri ' tion,bythe next sessionof the Maine Ugislature. Ro eascanoftheMainesS Out Project will address the Municipal Operations Consmi in support of solution. A copy of the bill is attached. Iexpeettohaveacopyo cCouro solve for the Committee. LD 2339 adds sexual animistic a classes protected by the Maine Human Rights Act According to the bill's ryr imended to evsme Net all ciTvevs regardless of their sexual ad= nhavethesuv ivil rights protections guarevteed to othercitizenson Nebasiso ce,00lor,religion,sea, e, national origin and physical or mental handicap. Theb' also makes clemthat Nis am em does not confer legislative approval pecial rights to anyone. The bill uires that the amendment be submittod to votus at the next general election. MSI, pc: Edward A. Barrett, City Manager Bangor City Council 009 . Be it enacted by the People of the State of Maine as follows: 2 amended DY PL loot, c. 327, 0"1. rz Sec. 1. 5 MRSA §4552, is 4 further amended to read: 6 §4552. policy g To protect public health, safety and xclfare, ik is declared to be t zePol icy of Uis State to keep mtinualry '� _ licric it of basic human rl_ - to in 10 reviewall _r is and the a s f these practices, ' ° that life with diignicyws ether possible, co _ mended be oormntlny r 12corrective measures may, °a P° nation em °yment, and implemented, end to Prevent discrimination account n -ace, 14 housing o _ to public o h s cal ental dise•i%ity. color P o . dna en _ ent, 16 religion,n ancestry national Q[4'^% o Of the °o' lows discrimination - account E - because lg h assertion of a claimright under former Title 39 0 +- - 18 . in hou rc5 on £ familial mStatus; and .to t_-.% grr 20 din nation the este^ io redor. sexffl sexual Oriente acut. Lital st on <xtus.,u r'l i9iorn discrimination _ rigi%A,_znc to prevent tiscrimims" race,ancestry' nal l o mental c - 23 education or account of sex or physicsisf2ii 24 L9- Orono Of 2e352.Mad 26 28 Sec.2. SMRSA§4553,fiab.§9-C is enacted to reed: rl 30 2S _wALa h3LL` that Orientation 34 Sec 3. 5biRSA §4553, sub-§10, $E, as amended by FL 19a3, c. 36 57E, 52, is fnrtrer amended to read: 38 E. In determining vbether any a personto make - Sas ;s scii-5 as as agent --.°10yee of anot.^. - person soas - the a0 other a etanziDle for his —' _ were ue ioae _ whether 6+e - cif is acts PPahot he 42 actually a ized o subsequently ratified - controll;nc:nand 44 $et. 4. 5 MRSA §4553, sub-§10, IF, as enacted by PL 46 578, 52, is am.e.dea to read. oa F. Unlawful educational discrimination as de`;^-d and limited DY subchapter v-p- and 50 page 1-LR0204(1) 00-49 tV Sec. S. 5MRSA §4553, sub -§10, IG is enacted to read: 2 4 QA the baxi�e,ual Orientation, -,cect that a l' £ands is flaunt from these 8 Sec. m6.e 5 MRSA §4571, as amended by PL 1991, c. 99, §., is 10 further amended to rasa: 12 §45/1. Right to freedom from aiscrimivation in employment 14 The opportunity for an individual to secure amploymant without discrimination because of race, color, =nx el 15 Drientition. physical or mental disability, religion, age, ancestry or national origin is recognized as and declared to be a 10 civil right. 20 Sec. 7. 5 MRSA §4572, mb-§1, TVA, 3 and C, asamendedbyPL 1991, C. Bas, 'Pt. 3, §7 and affected by §47, are further amended 22 to raad:. 24 A. For any eaoloyer to ftS or refuse to hire orotherwise discriminate against my applicant for employment because of 26 color, - physical or ental 'disability, religion, age, ancestry national Origin,_; p28 because of the -appli is previousassertion of a claim o rightunder former Title-,-39or Title 39-A or because of 30 previous actions taken by the applicant that are protected under Title 26, chapter 7, subchapter V -B; because of 32 those re , to discharge a employee or discriminate with respect to Fire, tenure, promotion, transfer,ompen a 34 terms, conditions or privileges of employment or any other matter directly or indirectly related to employment: o 36 recruiting of individuals for employment o n hiring them toutilize any employment agency that the employer knows or 38 has r,asonalalacause to knowdiscriminates against individuals because of theirr a color, Apyypl n 40 o vnysical entaldisability, religion, age, ancestry or national origin, because of their 42 assertionof a claimright under former Title 39 ore Title 39A of because of previous actions that are protected under 44 Title 26, chapter 7,. Subchapter V -a; 46 (1) This Paragraph does not apply to discrimination governed by Title 39-A, section 353; 48 B. For any employment agency to fail o refuse to classify 50 properly, refer for employment Or otherwise discriminate against any individual because of race or color, sex, •e.•uas Page 1-LR0204(1) 0 riennt`tic physical Or ental disability, religion, age, 2 ancestry o- national origin, because of the individual's previous assertion of &-claim or right under former Title 39 4 r Title 39-> or because of previous actions taken by the individual that are protected udderTitle 26, chapter ), 6 subchapter V -B; or to comely with an employer's request far the referral of job applicants if a request indicates either 6 directly o- indirectly that the employer will not afford full and camel employment opoortunities to individuals 30 regardless f their r color, 1 physical o ental disability, religion, age, ancestry or 12 national origin, because of v assertion oa claim o right a former Title 3gre r Title39-A or because of 14 previous actions that are protected under Title 26, chanter ], subchaoter V -B) 16 C. For any labor organization to exclude from 1B apprentic-shipr membership to deny full and equal embershir, rightsto any applicant for membership because of 20 race or color. nal _ physical o ental disability, religion, age, ancestry n r national origin, 22 becauseof the applit' cems previous assertion of a claim Or righto under former Title, -39 o Title 39-A 'because of 24 previous actions taken by she applicant that are protected under Title 26, chapter 9, subchapter V -B; or, because of 26 those reasons, ¢ - , to deny a ember fall and equal membership rights, excel from membership penaliz otherwise 2B discriminate with mrespect to hire, tenure promotion', transfer,sation, terms, conditions privileges of 30 employment,orepre enation, grievances or any other matter directly o. indirectly related tomembership or employment, 32 whether or not authorized o required by the c nstitutiou o bylaws ofthat labor organisation or by a Collective labor 34 agreement or other contract) to fail Or refuse to classify properly or refer for employment or otherwise discriminate 36 against any member because ofrace or color, seats, physical ental disability, religio age, 38 try o haligin because of the ember's previous assertion pof a claim or right under former Title 39 40 or Title 39-k or because of pre actions taken by the member that protected underprevious 26, chapter ], 42 subchavter V -Br r tocause or attempt to c medicine to discriminate againstan in violation of this 44 section, s evt that it r lawful for labor organizations and melovers to adopt amaximum age limitation in 46 apprenticeship programs, if the employer or labor organization obtains prior approval from the Maine Human 48 Bights Commission of any maximum age limitation employed in an apprenticeship progr em. The commission shall approve the 50 age limitation if a reasonable relationship exists between Page 3-LBO204(1) 0049 tjeq the maxinum age limitation employed and a legitimate 2 expectation of the employerin receiving a noble return upon the em_mloyer's investment apprenticeship 4 program. The moloyer reor lahor organization ation bears the burden of demonstrating that such a relationship exr¢ts, 6 Sec. S. 5 MRSA §4513, sub -§l, ID, as amended by P1 1995, n a 393, §12, is further amended to read: 30 O. For any employer, employment agency or labor organ ,r to employment or admission to membership 12 of any individual,to: - 14 (1) Elicit or attempt to elicit information directly or indirectly pertaining to race or calor, , sexual lfi - physical ental disability, P religion, agesc estry national origin,any previous 18 assertion of a claim or right under former Title 390 Title 39-A or any previous actions that are protected 20 under Title 26, chapter ], sumo apter V -B; 22 (2) Make or keep a record of race or color, ^•^1 ori nS�)nn physical or mental disability, -24 religion, age,estry national rigid any -pre assertion v of a claim right under former 26 Title 39 or Title 39-A or any pre actions nota _' protected under Title. 26, chapter ,p subchapter V_3e '2a except under physical Or mental disability. when an employer requires a physical entalnation 30 prior to employment, privileged record of that examination permissible r ble if madeand kept in 32 COMPlidnce vi th this Act; 34 (3) Use say form of application for employment, or - personnel or membership blank containing questions or 36 entries directly Or indirectly pertaining to race or calor, physical ental 38 disability, religion, age,cestry c national origin, any previous assertion of aclaim or right under former 40 Title 39 or Title 39-A or any previous actions that are - Protected under Title 26, chapter 1, subchapter V-]. 42 This Section does not prohibit any officially cognized government agency from keening records 44 permitted to he kept under this Act in order to provide free services to individuals requesting rehabilitation 46 or employment assistance; 48 (4) Print, publish or e to be printed or published any notice or advertisement relating to employment or 50 membership indicating any preference, limitation, Page 4-6H0204(1) S6 specification or discrimination based Unon race or 2 calor, Sexual orien Lr— _nhvs cal ental disability, religion, age, ancestry or national origin, 4 any previous assertion of a claim o right under former Title 39 orTitle 39-A o any Previouss [net are 6 protected under Title 26, chapter ], aubMwter V-3; or e (5) establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, 10 employment or membership opportunities of any group 'because oe Me calor, m aien 12 physical or entaldisability, religion, age,a aestry or national origin,the pre assertion of claim 19 or right under farmer Title 39 or Title 39-A or because of previous actions that are protected under Title 26, 16 chanter L suMhaoter V -B, of that group; or 18 Sec. 9. 5 MRSA §4573-A, sub -§2, as enacted by PL 1993, c. 393, §21, is amended to read: zo 2. Religious entities leis z Except r via -d _ 22 subMapter does not prohibit a religious orpofatioaassociation, educational 24- institution or societyfom giving preference in employment to individuals of its same religion to perform work connected with 26 - Me rrying by the corporation,association, n educational institution o society of its activities.Under this subchapter,' 28 a religious organization may require that all applicants and employees conform to the religious tenets of Mat organization. 30 Sec. 30. 5 MRSA §4581, first 1, as amended by PL 1991, c. 90, 32 512, is further wended to read: 34 The opportunity for an individual to sse decant housing in accordance with the individual's ability to secure and without 36 discrimination because of race, color, sex, sexual orientation physical or mental disability, religion,aestry, national 38 origin or familial status is hereby recognized s and declared to be a cavil right. 40 Sec 11. 5 MRSA §4582, 2nd, 3rd and 4th IT, as amended by PL 42 1991, C. 99, §14, are further amended to read: 44 For any owner, lessee, sublessee, managing agent o oMer person having the right to sell, rent, lease or manage a housing 46 accommodation, or any agent of these to make or cause to be made any written or oral inquiryco ing the color,colo 48 tphysicalental disability, religio ancestry, national rigid or familial status of any prospective 50 purchaser, occupant or tenant of the housing accommodation; or to Page 5-L20204(1) IGI refuse to show Or refuse to sell, rent, lease, let or otherwise 2 denyto r withhold from any individual housing accommodation becauseofme race or color,Sex, sexual orientation, physical 4 ental disability, religion,ancestry, nationalorigin or familial status of the individual; or to issue any advertisement n 6 relating to the sale, ental leaseof the housing mnodation vkieh L}'a indicates any preference, limitation, 8 specification or discrimination based upon race or color, ggzpaj physical ental disability, religion, 10 try, national nacidic r familial status: r to discriminate against any individual because ofrace color sexual 32 orientation, f physical or mental disability` religion, ancestry, nationalorigin familial status the price, terms, 14 conditions or privileges of the sale, rental orlease of any housing accommodations in nthe furnishing of facilitiec or c lfi ection with any housing a mmodationsoy or to s evict or o attempt to evict any tenant of any chousing accommodation 10 becauseof the race r color, Orientation, entation, physical o meatal disability,religion, ancestry,national origin or 20 familial status of the tenant; 22 For any real estate broker or real estate sales person, or agent of one of them, to fail o refuse to show any applicant for 24 a. housing accommodation any accommodation listed for sale, lease or ental, because of the r color, c _ 26 physical ental, disability, religionancestry,ientati national origin or familial Status 6f the applicant or of any: intended 28` cupant of the accommodation,or r to misrepresent, for the 'purpose of discriminating because of the color, 30 gid Physical ental disability, religion ancestry, national origin or familial status of the applicant o 32 intended occupant, the availability or asking price of a housing accommodation listed for sale, lease or rental; or for any reason 34 to fail to communicate to the person having the right to sell o lease the housing accem,odation any offer for the same made by 36 any applicant; or in any other manner r to discriminate against any applicant for housing ofrace or color,sex, sexual 30 ie s r physical ental disability, religion,ancestry, nationalr origin or famili5l stats of the applicant o of any c 40 intended occupant of the housing o accommodation, to make o cause to be made any written o oral inquiry o record concerning 42 ther color,F orientation, physical o ental disability, religion, ar ancestry, national origin familial 44 status of any applicant or intended occupant, r to accept for listing any boozingmmodation when the person having the 46 right to sell lease thehas directly or indirectly indicated intention of discriminatingq among prospective 40 tenants or purchasers on the ground of their r color 'e? OrieS;S_ physical ental disability, religion, 50 ancestry, national origin or familial status, or when the broker Page 6-LR0204(1) 2 4 6 8 30 32 14 16 is 20 22 24 26 28 30 32 34 36 38 40 42 44 45 48 s0 52 knows or has reason o know that the person having the right to sell lease the housing accommodation has made a practice of discrimination since July 1, 1972; For any person to whom a_a_alication is ade for a loan o other form of ncialas cui istance for the sition, construction, habilitation, repair maintenance of any - housing accommodation, whether secured red o red, o agent of s the pec make to be madeunsecured, oral or written inquiry concerning calor, o physical ental an disability, religion, nationaltry, tional origin or familial status of any individual seeking financial assistance, or of existing or prospective occupants or tenants of - hou ingmmodations; to discriminate the grafting of financialcassistance, or in the terms, conditions or privileges - relating to the obtaining or use of any financial assistance, against any applicant because of the race or color, sex, sexual orientation, ' physical o ental disability, religion, ancestry, nationalorigin or familial status of the applicant or of the existing or prospective occupants or tenants; Sef.12. 5 MRSA §4583, as amended by PL 1991, c. 99, §L9,. i further amended to read: - §4583. Application Nothing in this Act may be construed to prohibit or limit the exercise of the privilege- of every person and. the agent of s any person having the right to sell, rent, lease Or Manage r housing accommodation to set up and enforcespecifications in the selling, ranting, leasing or letting or in n the furnishings, of r facilities o services in connection withthe facilities wlieh S are at basedonthe race, color, physical ental disability,, religion,country of ancestral astral origin, familial status or the receipt of publicistance r payments of any prospective o actual purchaser, lessee, tenant or cupaa4 Nothing in this Act may bec n nstrued to. prohibit r limit the exercise _of the privilege of every per and the agent of any person y making loans for offering financial assistance in the acquisition, construction, rehabilitation, repair maintenance of housing accommodations, to set standards and pcefere,cest terms, conditions, limitations or specifications for the granting of loans or financial assistance which that are not based on the r color, sex, sexual orientation. physical or ental disability, religion,country of ancestral trials, familial status or the receipt of public asSISIcance payments of the applicant for a loan or financial assistance or, of any existing or prospective owner, lessee, tenant or occupant of housing a commodatso^_. Page 7-Ld0204(1) Page 0-LR0204(l) Sec. 13. 5 MRSA §4591, as amended by pl 1991, c. 99, 520, is 2 further amended to read: 4 §4391. Equal access to Publicaccommodations 6 The opportunity for every individual to have steel access to places of public accommodation mmodation Without discrimination because of 0 color, physical or mental disability, religio entry o national origin is recognized 10 as and declared to be a civil right. 12 Sec. 14. 5 MRSA §4592, sub.§§l and 2, as amended by pc 1995, c. 393, 522, are further amend to read: 14 1. Denial of public accommodations. For any public 16 accommodation or any person whos the o lessor, lessee, proprietor, operator, manager, superintendent, agent or employee 10 of any place of public accommodation to directly or indirectly refuse, discriminate against in any mannerwithhold from 20 deny the full and coral enjoyment to any person, on unt of race or color, Malophysical ental 22 disability, religion, ancestry 0 national origin, any of the accommodationst advantages facilities, goods, services 24 privileges of public n mmdatde, o inany carriers cdiscriminate - against any person is the price, termso conditions upon which 26es to accommodation, advantages facilities, goods, services and privileges may depend. 20 _ For purposes Of this subsection, unlawful discrimination also 30 includes, but is not limited to: 32 A. The imposition or application of eligibility criteria that screenOut or tend to ¢ out an individual with a c 34 disabilityorany class of individuals with disabilities from fully and equally enjoying .any goods, services, 30 facilities,r leges advantages accommodations, unless a The criteria can be shown to be necessary for the provision 30 of the goods, facilities, privileges, advantages or accommodations being offered; 40 9. A failure to make reasonable modifications i policies, 42 practices o _' pcedures,when modifications a necessary to afford the goods, facilities, vilep 44 advantages accommodations to individuals W oth ls i disabilities, unless, n the c of a private entity, the 40 private entity can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, 40 facilities, privileges, advantages Or accommodations; Page 0-LR0204(l) C. d failure to take steps that may be necessary to a ses*f 2 that n a: vidual vita a disability isxclutedrv ied services, segregated o otherwise treated differently than 4 other a v'duals because of the absence of auxiliary aids and s v _ unless, rn the c of a private entity, the 6 private ev n demonstrate that taking to _ would fundamentally n alter the ature of the podsvice 8 facility, vilege, advantage accommodation a being offered or would result in an undue burden; 30 D. A orivate entity's failure toremove architectural r 12 ba[ and communication barriers chat uctn:al in naturen s existing facilities and transpor ation barriers in 19 existingvehicles and rail passenger cars used by an establishment for transporting individuals, not including 16 barriers that can be removed only through the retrafitting of vehicles or ail passenger cars by the installation of a o: 18 hydraulic other lift, where the ranoval is readily achievable; 20 When the entitycan demonstrate that the re.'noval of o 22 barrier der thisparagraph is not readily achievable, , failure to sake the goods,. services, facilities, privileges, 24 advantages o ,madetioas available through alternative methods if alternative methods are readily achievable; and 26 E. A qualified individual with a disability, by reason of 28 _ that disability,being excluded from participationin or ' being denied the benefits of theervices, programs or 30 activities of a public entity, orbeing subjected to discrimination by any such entity: 32 2. Communication, notice or advertisement. For any Person 34 to directly or indirectly publish, display -O tate any notice or advertisement to the effect that m nof the 36 accomusidations, advantages, facilities and privileges of any place of public accuamodatioeare refused, withheld f on or 38 denied to any o account ofrace o color, s-'ual orientatrn, . physical o m ental disability,religion, ancestry o o 40 national origin, thatthe patronage custom of any p belonging to or purporting to be of any particular r color, 42 _ . , _ _ p. physical a ental disability, religion, ancis estry or nationalorigin unwelcome,objectionable not 49 acceptable, desired solicited, that the clientele is restricted to any particular race or color, sexual 46 physical mental disability, religion, ancestry orientation.or onational origin. Meroduction of any cation, notice or 48 advertisement ourporting to relate to any place of accomamonation is presumptive evidence in any action that the action was 50 authorized by its comer, manager or proprietor; Page g-Ld0204(1) z Sec. 15. 5 MRSA §4595, a solea and replaced by PL 1615, c. no, §40, s amended to :eaa repealed 4 §4595. Right to freedom from discrimination solely on the basis 6 of age, race, color, sea, sexual orientation, marital status, ancestry, religion or national origin in Any 8 credit transaction 10 The opportunity for eery individual to be extended credit without discrimination solely because of my one or more of the 12 following factors: Aga pgg; color; sex; sexual orientation - marital status; ancestry; religionnational origin is 14 recognized as and declared to he a civil right. 16 Sec. 16. 5 MRSA §4596, a repealed and replaced by PL 1975, c. n0, §41, is amended to read:. le §4596. Unlawful credit extension discrimination 20 It shall be unlawful credit discrimination for any creditor 22 to refuse the ,extension of credit to any per solely on the bas of any o of the following factors: Age fgn; race; 24, color) sexual orirn n 'name rital status; entry; religio onational Origin i6 any credit cr dit transaction. it shall 26 yq not. be unlawful credit discrimination to comply with the terms and, conditions. of any bone fide Stung credit life,: accident and -'28" ' health 'insurance (plane for financial institution extending ,:credit . to a riled .person to require beetlethehusband 'and the 30 wife to sign a and a mortgage and to deny Creditto persons - under the age of 1R or to c sider a person's age in determining 32 she terms upon which credit will be extended. M Sec. 17. 5 MRSA §4612, sub.§4, RA, as emended by PL 1993, c 303, §2, is further amended to read: 16 A. If themme n finds reasonable grounds to believe 30 that unlawful discrimination haaired, and further believe, that irreparable injury or greatinconvenience will 40 be caused ttie victim of such discrimination nor to matters of sal, color, sex, a sexual . physical o .ental 42 disability, religious, nationality groupoace grace if s relief not immediately granted, conciliation ciliation 44 efforts under subsection 3 - have not succeeded, the commission may filei the Super Court a civil action 46 seekinguch relief as is appropriate, including temxrary restraining orders. Page 30-LR0204(1) 2 4 6 0 to 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 49 50 52 00 69 56 Sec. 18. Statutory referendum procedure; submission at general election; form of question; effective date. This Act Rust be submitted to the legal soters of the State of Maine at Che vert general election in t`S .e -Ch of November following passage of this Act. The m val n "• of this State shall notify to inhabitants of their c respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, to vote on the accamtanCe or rejection of this Act by voting on the following question: "Oo you gave. ratifying the action of the 119th Legislature whereby it _ sedAct extending to all citizens regardlessn- their sexual orentation the s civil rights protections x v guaranteed to citizens on the basis of cs r n color, ___ age, national origin and physical ental disability a the sof mvloyment, housing, public e-.nodationsand credit and where Use Act expressly States that nothing in the Act confers legislative approval of, or special rights to, any personorgroup of persons?" The legal voters of each city, town and plantation shall vote by ballot on this questiev and shall designate their choice by across r check mark placed within a corresponding square below the word "Yea' "No." The ballotsmust be received, orted,sunted aid declared a open ward, town and plantation meetings and returns made to the Secretary of State in the sarre manner as votes lfor member of the. Legislature. The Governor shallw the _ and, if it appearsthat a majority of can legal votes acast in fewer of the Act, the Governor shall proclaim that fact without delay, and the Act takes effect 30 days after the dab of the proclamation. _ The Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this Act necessary to carry out the purpose of this referendum. SUMMARY This bill-=acresthat all citizens, regardless of their serual entatiohave thevil rights protections now guaranteed employment, housing s publiccom. modations and credit to citizens o s the basis of color, religion,sax age, national origin and. physicalo ental handicap. A religious organization that does not public funds is exempt from the prohibition against discrimination based on sexual osentation The bill makes it clear that this change in the Maine ¢wzn Bights Act does not confer legislative a val Of special fights to anyoneany group. The bill also requires that thin change in law be submitted to the voters at the next general election. Page 11-LP.0204(1)