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)
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00 69
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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)