An Act To Discontinue the Use of the Terms "Handicap, Handicapped" and "Hearing Impaired" in State Laws, Rules and Official Documents
Maine Legislature, Session 130, LD 1336
Committee: Judiciary
Sponsors: ZEIGLER, BAILEY, DODGE, BREEN
Amends: 5 MRSA §782, 5 MRSA §783, 5 MRSA §784, 5 MRSA §785, 5 MRSA §786, 5 MRSA §787, 5 MRSA §789, 5 MRSA §1742-D, 5 MRSA §4575, 5 MRSA §12002, 5 MRSA §12002-A, 10 MRSA §1496, 10 MRSA §1661-A, 12 MRSA §12503, 14 MRSA §1202-A, 17 MRSA §1311, 17 MRSA §1312, 17 MRSA §1316, 18-C MRSA §9, 20-A MRSA §1, 20-A MRSA §3254-A, 20-A MRSA §12704, 20-A MRSA §15672, 21-A MRSA §630, 22 MRSA §3571, 22 MRSA §4038-D, 22 MRSA §8101, 22 MRSA §8107, 24 MRSA §2931, 24-A MRSA §2159-A, 25 MRSA §2925, 25 MRSA §2932, 26 MRSA §1192, 26 MRSA §1193, 26 MRSA §1411-A, 30-A MRSA §471, 30-A MRSA §472, 30-A MRSA §3010, 32 MRSA §14203, 32 MRSA §15202, 33 MRSA §124, 34-B MRSA §6204, 35-A MRSA §7101, 35-A MRSA §7503, 35-A MRSA §7505, 36 MRSA §1760, 36 MRSA §2557

Legislative Document
No. 1336
H.P. 987
House of Representatives, March 30, 2021
An Act To Discontinue the Use of the Terms "Handicap," 
"Handicapped" and "Hearing Impaired" in State Laws, Rules and 
Official Documents
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ZEIGLER of Montville.
Cosponsored by Representatives: BAILEY of Gorham, DODGE of Belfast, Senator: BREEN 
of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §782, as amended by PL 1985, c. 388, §1, is further amended to 
read:
§782.  Definition of affirmative action
An affirmative action program includes procedures designed to increase the numbers 
of minorities, women and handicapped persons with disabilities at all levels and in all 
segments of the work force where imbalances exist. Such a program should include an 
assessment of the existing situation, and the development of realistic goals for necessary 
action. These goals and related procedures and timetables should not require rigid quotas, 
but are commitments which that an employer should make every good faith effort to 
achieve.
Sec. 2.  5 MRSA §783, as amended by PL 1985, c. 785, Pt. B, §22, is further amended 
to read:
§783.  Appointment, assignment and promotion of personnel
Officials and supervisory employees shall appoint, assign and promote personnel on 
the basis of merit and fitness, without regard to race, color, religious creed, national origin, 
sex, ancestry, age, or physical handicap or mental handicap disability, unless related to a 
bona fide occupational qualification. Each appointing authority shall designate an 
affirmative action officer. The officer must be so placed within the agency's organizational 
structure that he or she shall have the officer has direct access to the appointing authority. 
Each department or agency shall prepare an affirmative action program for that department 
or agency in accordance with criteria set forth by the Bureau of Human Resources.
Sec. 3.  5 MRSA §784, sub-§1, as amended by PL 1985, c. 388, §2, is further 
amended to read:
1.  State action.  No An agency or individual employee of the State or state related 
agencies will state-related agency may not discriminate because of race, color, religious 
creed, sex, national origin, ancestry, age, or physical handicap or mental handicap disability 
while providing any function or service to the public, in enforcing any regulation, or in any 
education, counseling, vocational guidance, apprenticeship and on-the-job training 
programs.  Similarly, no a state or state related state-related agency contractor, 
subcontractor, or labor union or representative of the workers with which the contractor 
has an agreement, will may not discriminate unless based on a bona fide occupational 
qualification.  State agencies or related agencies may withhold financial assistance to any 
recipient found to be in violation of the Maine Human Rights Act or the Federal federal 
Civil Rights Act.  Any state agency or related agency shall decline any job order carrying 
a specification or limitation as to race, color, religious creed, sex, national origin, ancestry, 
age, or physical handicap or mental handicap disability, unless it is related to a bona fide 
job requirement.
Sec. 4.  5 MRSA §784, sub-§2, ¶A, as amended by PL 1985, c. 388, §2, is further 
amended to read:
A.  The contractor will not discriminate against any employee or applicant for 
employment because of race, color, religious creed, sex, national origin, ancestry, age, 
or physical handicap or mental handicap disability.  Such action shall include includes, 
but is not be limited to, the following: Employment employment, upgrading, 
demotions, transfers, recruitment or recruitment advertising; layoffs or terminations; 
rates of pay or other forms of compensation; and selection for training, including 
apprenticeship.
Sec. 5.  5 MRSA §784, sub-§2, ¶B, as amended by PL 1985, c. 388, §2, is further 
amended to read:
B.  The contractor will, in all solicitations or advertisements for employees placed by 
or on behalf of the contractor, state that all qualified applicants will receive 
consideration for employment without regard to race, color, religious creed, sex, 
national origin, ancestry, age, or physical handicap or mental handicap disability.
Sec. 6.  5 MRSA §785, as amended by PL 1985, c. 388, §2, is further amended to 
read:
§785.  State employment services
Any state agency or state related state-related agency engaged in employment, referral 
or placement service for private industry or public agencies shall fill all job orders on a 
nondiscriminatory basis, and shall decline any job order carrying a specification or 
limitation as to race, color, religious creed, sex, national origin, ancestry, age, or physical 
handicap or mental handicap disability, unless it relates to a bona fide job requirement.
Sec. 7.  5 MRSA §786, as corrected by RR 1993, c. 1, §7, is amended to read:
§786.  Training for job opportunities
All educational and vocational-guidance counseling programs and all apprenticeship 
and on-the-job training programs conducted, supervised or funded by the State or state-
related agency must be conducted to encourage the fullest development of interest and 
aptitudes without regard to race, color, religious creed, sex, national origin, ancestry, age, 
or physical handicap or mental handicap disability, unless sex or age relates to a bona fide 
job requirement.  In the event that any such programs are conducted in conjunction with 
private employers or private educational institutions, the supervising or contracting 
department or agency shall insure that the provisions of this chapter are complied with fully 
by such private employer or private educational institution.
Sec. 8.  5 MRSA §787, as amended by PL 1985, c. 388, §2, is further amended to 
read:
§787.  State financial assistance
No A state agency or state related state-related agency shall may not approve a grant 
of state financial assistance to any recipient who is engaged in discriminatory practices.  
All recipients of state financial assistance shall submit to the Maine Human Rights 
Commission, at its request, information relating to the recipient's operations with regard to 
race, color, religious creed, sex, national origin, ancestry, age, or physical handicap or 
mental handicap disability.  Such information shall must be furnished on a form to be 
prescribed by the Maine Human Rights Commission.
Sec. 9.  5 MRSA §789, last ¶, as amended by PL 1985, c. 388, §3, is further amended 
to read:
All powers and duties granted to the Maine Human Rights Commission under sections 
4551, et seq., as amended, chapter 337 apply to this section. Complaints of discrimination 
based on race, color, religious creed, sex, national origin, age, or physical handicap or 
mental handicap disability should be made to the Maine Human Rights Commission.
Sec. 10.  5 MRSA §1742-D, sub-§2, ¶A, as amended by PL 1999, c. 776, §1, is 
further amended to read:
A.  Standards for occupant safety and comfort in leased space that are consistent with 
law and all applicable building, fire, handicapped accessibility and environmental 
codes; and
Sec. 11.  5 MRSA §4575, sub-§2, as enacted by PL 1985, c. 801, §§3 and 7, is 
amended to read:
2.  Criteria and standards.  A state department or public school may establish 
reasonable criteria and standards of job performance to be used for the purpose of 
determining when employment of its employees should be terminated.  Where there is a 
certified bargaining agent, the establishment of these criteria and standards may be a subject 
of collective bargaining.  These criteria and standards shall must be consistent for all 
employees in the same or similar job classifications, shall must be applied fairly to all 
employees regardless of age and shall must be consistent with the provisions of this Act 
relating to the employment of persons who are physically and mentally handicapped 
persons disabled.
Sec. 12.  5 MRSA §12002, sub-§3-A, as enacted by PL 1985, c. 295, §5, is amended 
to read:
3-A.  Personal care expenses.  "Personal care expenses" means the cost of feeding, 
dressing, toileting, mobility and personal hygiene assistance provided to persons who are 
developmentally or otherwise disabled or handicapped persons who are members or the 
children of members of boards established in this chapter.
Sec. 13.  5 MRSA §12002-A, sub-§2, ¶B, as enacted by PL 1985, c. 295, §6, is 
amended to read:
B.  For those board members who are selected because they are persons who are 
developmentally or otherwise disabled or handicapped or who are the parents or 
guardians of handicapped persons who are disabled, those members may be reimbursed 
for reasonable child care expenses and personal care expenses incurred while engaged 
in the official business of the board.
Sec. 14.  10 MRSA §1496, sub-§1, ¶A, as enacted by PL 1989, c. 758, is amended 
to read:
A.  "Telefacsimile" means any process in which electronic signals are transmitted by 
means of a telephone system for immediate direct printing as images or written text, 
excluding telecommunication signals transmitted by devices for the deaf, hard of 
hearing impaired or speech impaired.
Sec. 15.  10 MRSA §1661-A, as amended by PL 1995, c. 645, Pt. A, §1, is further 
amended to read:
§1661-A.  Gasoline stations to provide services for handicapped drivers who have 
disabilities
Every full-service gasoline station offering self-service pumping at a lesser cost shall 
require an attendant employed by the station to dispense gasoline to any motor vehicle 
properly displaying a handicapped placard or special designating plates issued under Title 
29‑A, section 521, when the person to whom the placard or plates have been issued is the 
operator of the vehicle, the service is requested, the operator has a driver's license 
designated with a code S, restricted to special equipment, and there is no nonhandicapped 
an adult without a disability is not in the motor vehicle.
Sec. 16.  12 MRSA §12503, sub-§6, as amended by PL 2003, c. 655, Pt. B, §249 
and affected by §422, is further amended to read:
6.  Fishing during event sanctioned by department.  A person who does not hold a 
fishing license may assist a child or a handicapped person who is disabled who is a 
participant in a fishing event sanctioned by the department.
Sec. 17.  14 MRSA §1202-A, as corrected by RR 2017, c. 1, §6, is further amended 
to read:
§1202-A.  Prohibition of discrimination
A citizen may not be excluded from jury service in this State on account of race, color, 
religion, sex, sexual orientation as defined in Title 5, section 4553, subsection 9‑C, national 
origin, ancestry, economic status, marital status, age or physical handicap disability, except 
as provided in this chapter.
Sec. 18.  17 MRSA §1311, as enacted by PL 1971, c. 58, §1, is amended to read:
§1311.  Policy
It is the policy of this State to encourage and enable the persons who are blind, the 
visually handicapped and the impaired or otherwise physically disabled to participate fully 
in the social and economic life of the State and to engage in remunerative employment.
Sec. 19.  17 MRSA §1312, as amended by PL 2015, c. 457, §8, is further amended 
to read:
§1312.  Rights
1.  Streets and public places.  The Persons who are blind, the visually handicapped 
and the impaired or otherwise physically disabled have the same right as the able-bodied 
persons who are not disabled to the full and free use of the streets, highways, sidewalks, 
walkways, public buildings, public facilities and other public places.
2.  Public conveyances.  The Persons who are blind, the visually handicapped and the 
impaired or otherwise physically disabled are entitled to full and equal accommodations, 
advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, 
railroad trains, motor buses, street cars, boats or any other public conveyances or modes of 
transportation, hotels, lodging places, places of public accommodation, amusement or 
resort, and other places to which the general public is invited, subject only to the conditions 
and limitations established by law and applicable alike to all persons.
3.  Service dogs.  Every person who is totally or partially blind or otherwise physically 
or mentally disabled person has the right to be accompanied by a service dog, especially 
specially trained for the purpose, in any of the places listed in subsection 2 without being 
required to pay an extra charge for the service dog; however, the person is liable for any 
damage done to the premises or facilities by such a dog.
4.  Especially Specially trained service dog trainer; access to public facilities; 
responsibilities.  An especially A specially trained service dog trainer, while engaged in 
the actual training process and activities of service dogs, has the same rights, privileges and 
responsibilities described in this section with respect to access to and use of public facilities 
as are applicable to a persons who are blind, visually handicapped impaired or otherwise 
physically or mentally disabled person.
5.  Housing accommodations; persons with service dogs.  Every person who is blind 
or visually handicapped impaired or otherwise physically or mentally disabled individual 
who has a service animal, such as a service dog, is entitled to full and equal access to all 
housing accommodations provided for in this section.  Blind Persons who are blind or 
visually impaired or otherwise physically or mentally disabled individuals may not be 
required to pay extra compensation to keep service animals.  A person who is blind or 
visually impaired or otherwise physically or mentally disabled person is liable for any 
damages done to the premises by the service animal.
6.  Housing accommodations; definitions.  "Housing accommodations," as used in 
this section, means any real property, or portion of real property, which is used or occupied, 
or is intended, arranged or designed to be used or occupied, as the home, residence or 
sleeping place of one or more human beings, including, but not limited to, public housing 
projects and all forms of publicly assisted housing, single and multifamily rental and sale 
units, lodging places, condominiums and cooperative apartments.  "Housing 
accommodations" does not include:
A.  The rental of a housing accommodation in a building which contains housing 
accommodations for not more than 2 families living independently of each other, if the 
owner or members of the owner's family reside in that housing accommodation; or
B.  The rental of a room or rooms in a housing accommodation, if the rental is by the 
occupant of the housing accommodation or by the owner of the housing 
accommodation and the owner or members of the owner's family reside in that housing 
accommodation.
7.  Service dog; definition.  As used in this section, "service dog" means a dog that 
meets the definition of "service animal" in Title 5, section 4553, subsection 9-E.
Sec. 20.  17 MRSA §1316, as enacted by PL 1971, c. 58, §1, is amended to read:
§1316.  Employment
It is the policy of this State that the persons who are blind, the visually handicapped 
and the impaired or otherwise physically disabled shall must be employed in the state 
service, in the service of the political subdivisions of the State, in the public schools and in 
all other employment supported in whole or in part by public funds on the same terms and 
conditions as the able-bodied persons who are not disabled, unless it is shown that the 
particular disability prevents the performance of the work involved.
Sec. 21.  18-C MRSA §9-401, sub-§4, ¶A, as enacted by PL 2017, c. 402, Pt. A, 
§2 and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
A.  Has a physical, mental or emotional handicap disability that makes placement 
difficult;
Sec. 22.  18-C MRSA §9-401, sub-§7, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
7.  Duration of assistance.  The duration of assistance under the program may continue 
until the cessation of legal parental responsibility or until the parents are no longer 
supporting the child, at which time the adoption assistance ceases.  However, if the child 
has need of educational benefits or has a physical, mental or emotional handicap disability, 
adoption assistance may continue until the adoptee has attained 21 years of age if the 
adoptee, the parents and the department agree that the need for care and support exists.
Sec. 23.  20-A MRSA §1, sub-§24-A, ¶C, as enacted by PL 1985, c. 789, §§1 and 
9, is amended to read:
C.  A "specialized children's home," which is a facility licensed to provide care to no 
more than 4 children who are moderately to severely handicapped children disabled by 
a caretaker who is specifically educated and trained to provide for the particular needs 
of each child placed; and
Sec. 24.  20-A MRSA §1, sub-§24-A, ¶D, as amended by PL 2013, c. 179, §3, is 
further amended to read:
D.  A "children's residential care facility," which provides board and care for one or 
more children on a regular, 24-hours-a-day, residential basis.  A children's residential 
care facility does not mean family foster home, specialized children's home or an 
emergency children's shelter.  The term includes, but is not limited to:
(1)  A "group home," which is a children's residential care facility operated by a 
corporation and licensed for the purpose of providing board and care for up to 10 
children;
(2)  A "residential agency," which is a children's residential care facility operated 
by a corporation and licensed for the purpose of providing board and care to more 
than 10 children;
(3)  A "residential treatment center," which is a children's residential care facility 
operated by a corporation and licensed for the purpose of providing therapeutically 
planned, group living situations within which educational, recreational, medical 
and sociopsychotherapeutic components are integrated for children whose present 
handicaps disabilities preclude community outpatient treatment;
(4)  A "residential treatment facility," which is a children's residential care facility 
operated by a corporation and licensed for the purpose of providing board, care and 
treatment for more than 10 children who are moderately to severely handicapped 
children and which disabled that does not contain an educational component; and
(5)  A "therapeutic group home," which is a children's residential care facility 
operated by a corporation and licensed for the purpose of providing board, care and 
treatment for up to 10 children who are moderately to severely handicapped 
children disabled.
Sec. 25.  20-A MRSA §3254-A, sub-§2, as enacted by PL 1985, c. 490, §7, is 
amended to read:
2.  Preschool programs.  The commissioner may establish preschool programs for 
handicapped children with disabilities between the ages of 3 and 5 years or contract with 
school administrative units to provide the programs.
Sec. 26.  20-A MRSA §12704, sub-§6, as enacted by PL 1985, c. 695, §11, is 
amended to read:
6.  Special training and education.  Provide Providing, directly or through contractual 
or other arrangements, remedial and special training and education programs for persons 
who are disadvantaged and handicapped persons or disabled, designed to enable them to 
make maximum use of their aptitudes and abilities and achieve meaningful employment 
and economic self-sufficiency; and
Sec. 27.  20-A MRSA §15672, sub-§30-A, ¶C, as enacted by PL 2005, c. 2, Pt. 
D, §36 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
C.  The following preschool handicapped disability services:
(1)  The salary and benefit costs of certified professionals, assistants and aides or 
persons contracted to perform preschool handicapped disability services that have 
been approved by the commissioner; and
(2)  The cost of tuition to other schools for programs that have been approved by 
the commissioner; and
Sec. 28.  21-A MRSA §630, as amended by PL 2011, c. 613, §24 and affected by 
§29, is further amended by amending the section headnote to read:
§630.  Accessible voting places for the physically handicapped persons with physical 
disabilities
Sec. 29.  22 MRSA §3571, sub-§2, as enacted by PL 1985, c. 484; amended by PL 
1995, c. 560, Pt. K, §82 and affected by §83; and amended by PL 2001, c. 354, §3 and PL 
2003, c. 689, Pt. B, §6, is further amended to read:
2.  Counseling and support services; Department of Health and Human Services.  
The Department of Health and Human Services shall institute programs of family 
counseling and support services for families with children who are developmentally 
disabled children aged 0 to 5 years.  The purpose of these counseling and support services 
shall must be to increase the family's understanding of the child's special needs and to 
enhance family members' abilities to cope with the physical and emotional strains 
experienced by families with handicapped disabled children.
Sec. 30.  22 MRSA §3571, sub-§3, as amended by PL 1989, c. 700, Pt. A, §81, is 
further amended to read:
3.  Preschool coordination projects; Department of Education.  The Department of 
Education through the preschool coordination projects shall assure ensure the provision of 
comprehensive developmental services, including physical therapy, speech and language 
therapy and occupational therapy to preschool handicapped children who are disabled or 
delayed children.  To the maximum extent possible, these programs shall must make use 
of existing 3rd party payors and coordinate services with local resources.  In instances 
where needed services are not available, the department shall use authorized funds to enable 
preschool coordination projects to work with local providers, including public and private 
agencies and school units to develop new or expand existing service to meet these needs.
In addition, the Department of Education shall ensure that comprehensive health 
educational programs are available in state schools and that teacher training programs in 
the State include preparation in conduct of health educational programs.
Sec. 31.  22 MRSA §4038-D, sub-§5, as amended by PL 2011, c. 402, §13, is 
further amended to read:
5.  Duration of guardianship subsidy.  A guardianship subsidy may be provided for 
a period of time based on the needs of a child.  The subsidy may continue until the 
termination of the permanency guardianship or until the permanency guardian is no longer 
caring for the child, at which time the guardianship subsidy ceases.  If the child has need 
of educational benefits or has a physical, mental or emotional handicap disability, the 
guardianship subsidy may continue until the child has attained 21 years of age if the child, 
the parents and the department agree that the need for care and support exists.
Sec. 32.  22 MRSA §8101, sub-§5, as enacted by PL 1981, c. 260, §4, is amended 
to read:
5.  Specialized children's home.  "Specialized children's home" means a children's 
home where care is provided to no more than 4 children who are moderately to severely 
handicapped children disabled by a caretaker who is specifically educated and trained to 
provide for the particular needs of each child placed. The total number of children in a 
specialized children's home may not exceed 4, including the caretaker's legal children under 
years of age, with no more than 2 children under the age of 2.
Sec. 33.  22 MRSA §8107, sub-§2, as amended by PL 1985, c. 706, §10, is further 
amended to read:
2.  Handicapped Disabled child; placement.  The definitions used shall do not 
preclude the department from placing a child who is moderately to severely handicapped 
child disabled in any appropriate child care facility at the department's discretion, subject 
to the limitations on the number of children specified in section 8101, subsections 1 and 3.
Sec. 34.  24 MRSA §2931, sub-§3, as enacted by PL 1985, c. 804, §§16 and 22, is 
amended to read:
3.  Birth of unhealthy child; damages limited.  Damages for the birth of an unhealthy 
child born as the result of professional negligence shall be are limited to damages associated 
with the disease, defect or handicap disability suffered by the child.
Sec. 35.  24 MRSA §2931, sub-§4, as enacted by PL 1985, c. 804, §§16 and 22, is 
amended to read:
4.  Other causes of action.  This section shall does not preclude causes of action based 
on claims that, but for a wrongful act or omission, maternal death or injury would not have 
occurred or handicap disability, disease, defect or deficiency of an individual prior to birth 
would have been prevented, cured or ameliorated in a manner that preserved the health and 
life of the affected individual.
Sec. 36.  24-A MRSA §2159-A, last ¶, as repealed and replaced by PL 1985, c. 
445, is amended to read:
No An insurer authorized to transact business in this State may not refuse to insure or 
continue to insure, limit the amount, extent or kind of coverage available to an individual 
or charge an individual a rate different from that normally charged for the same coverage 
solely because the insured or the applicant for insurance has a physical or mental handicap 
disability, as defined in Title 5, section 4553, subsection 7‑A, other than blindness or partial 
blindness, unless the basis for that action is clearly demonstrated through sound actuarial 
evidence.
Sec. 37.  25 MRSA §2925, sub-§1, as amended by PL 1997, c. 291, §1, is further 
amended to read:
1.  Membership.  The E-9-1-1 Council is composed of 17 members; one appointed by 
the Public Utilities Commission; one appointed by the Commissioner of Public Safety; and 
appointed by the Governor, including one who is a municipal official nominated by the 
statewide association of municipalities, one county official nominated by a statewide 
association of county commissioners, one who is a chief of a municipal police department 
nominated by the statewide association of chiefs of police, one who is the chief of a 
municipal fire department nominated by the statewide association of fire chiefs, one who 
is a county sheriff nominated by the statewide association of sheriffs, one who represents 
small telephone companies, one who represents the largest provider of local exchange 
telephone services, one who represents cellular or wireless service providers, one who 
represents a direct provider of emergency medical services, one who is a dispatcher 
nominated by the statewide association of dispatchers, one who is a member of a volunteer 
fire department, one to represent the persons who are deaf and hard of hearing impaired 
and 3 to represent the public-at-large.  Each member may name a designee who may attend 
meetings of the council and act on that member's behalf in council proceedings.
Sec. 38.  25 MRSA §2932, sub-§1, as amended by PL 2015, c. 62, §1, is further 
amended to read:
1.  Designated emergency telephone number.  The primary telephone number to be 
used in a telephone exchange to request emergency services following the activation of E-
9-1-1 services for that exchange, including the number for telecommunications devices for 
communication for the persons who are deaf, hard-of-hearing and speech-impaired hard of 
hearing or speech impaired, is 9-1-1.  A person may not advertise or promote for emergency 
response services any telephone number other than 9-1-1.
Sec. 39.  26 MRSA §1192, sub-§3, as amended by PL 2017, c. 453, §1, is further 
amended to read:
3.  Is able and available for work.  The individual is able to work and is available for 
full-time work at the individual's usual or customary trade, occupation, profession or 
business or in such other trade, occupation, profession or business for which the individual's 
prior training or experience shows the individual to be fitted or qualified, as long as the 
geographic region in which the work will take place is not greater than 35 miles from the 
individual's primary residence; and in addition to having complied with subsection 2 is 
actively seeking work in accordance with the regulations of the commission; provided 
except that no ineligibility may be found solely because the claimant is unable to accept 
employment on a shift, the greater part of which falls between the hours of midnight to 5 
a.m., and is unavailable for that employment because of parental obligation, the need to 
care for an immediate family member or the unavailability of a personal care attendant 
required to assist the unemployed individual who is has a handicapped person disability; 
and provided except that an unemployed individual who is neither able nor available for 
work due to good cause as determined by the deputy is eligible to receive prorated benefits 
for that portion of the week during which the individual was able and available.
A.  Notwithstanding this subsection, beginning January 1, 2004, an individual who is 
not available for full-time work as required in this subsection is not disqualified from 
receiving benefits if:
(1)  The individual worked less than full time for a majority of the weeks during 
that individual's base period and the individual is able and available for and actively 
seeking part-time work for at least the number of hours in a week comparable to 
those customarily worked in part-time employment during that individual's base 
period; or
(2)  The individual worked full time for a majority of the weeks during that 
individual's base period, but is able and available for and actively seeking only 
part-time work because of the illness or disability of an immediate family member 
or because of limitations necessary for the safety or protection of the individual or 
individual's immediate family member.
Sec. 40.  26 MRSA §1193, sub-§3, ¶B, as amended by PL 2011, c. 645, §7, is 
further amended by amending subparagraph (5) to read:
(5)  If the position offered is on a shift, the greater part of which falls between the 
hours of midnight and 5 a.m., and is refused because of parental obligation, the 
need to care for an immediate family member or the unavailability of a personal 
care attendant required to assist the unemployed individual who is a handicapped 
person with a disability;
Sec. 41.  26 MRSA §1411-A, sub-§6, ¶D, as enacted by PL 1995, c. 560, Pt. F, 
§13, is amended to read:
D.  Interpreting and other specific services necessary to meet the unique needs of those 
persons who are deaf or who have impaired hard of hearing.  These services must 
include the aid of qualified personnel and interpreters who can relate to and 
communicate on an effective and meaningful basis with persons who are deaf or have 
impaired hard of hearing;
Sec. 42.  30-A MRSA §471, sub-§1, as enacted by PL 1989, c. 104, Pt. A, §11 and 
Pt. C, §10, is amended to read:
1.  Programs established.  Each sheriff's department may establish a program to 
deputize volunteer parking enforcement specialists to enforce handicapped disabled 
parking restrictions in private parking lots within the county, in areas which that are not 
within the jurisdiction of a municipal police department, pursuant to enforcement 
agreements entered into between the sheriff's department and the owners of those lots under 
section 3009, subsection 1, paragraph D.
Sec. 43.  30-A MRSA §471, sub-§2, as enacted by PL 1989, c. 104, Pt. A, §11 and 
Pt. C, §10, is amended by amending the first blocked paragraph to read:
The sheriff's department should seek applicants who are handicapped have disabilities.
Sec. 44.  30-A MRSA §471, sub-§3, ¶A, as enacted by PL 1989, c. 104, Pt. A, §11 
and Pt. C, §10, is amended to read:
A.  Issue parking citations, tickets or oral warnings to operators of motor vehicles 
parked in violation of any handicapped disabled parking restriction in private parking 
lots, pursuant to agreements entered into under section 3009, subsection 1, paragraph 
D; and
Sec. 45.  30-A MRSA §472, sub-§1, as enacted by PL 1989, c. 104, Pt. A, §11 and 
Pt. C, §10, is amended to read:
1.  Programs established.  Each municipal police department, with the approval of the 
municipal officers, may establish a program or contract with the sheriff to carry out a 
program to deputize volunteer parking enforcement specialists to enforce handicapped 
disabled parking restrictions in private lots within the municipality, pursuant to 
enforcement agreements entered into between the police department and the owners of 
those lots under section 3009, subsection 1, paragraph D.
Sec. 46.  30-A MRSA §472, sub-§2, as enacted by PL 1989, c. 104, Pt. A, §11 and 
Pt. C, §10, is amended by amending the first blocked paragraph to read:
The police department should seek applicants who are handicapped have disabilities.
Sec. 47.  30-A MRSA §472, sub-§3, ¶A, as enacted by PL 1989, c. 104, Pt. A, §11 
and Pt. C, §10, is amended to read:
A.  Issue parking citations, tickets or oral warnings to operators of motor vehicles 
parked in violation of any handicapped disabled parking restriction in private parking 
lots, pursuant to agreements entered into under section 3009, subsection 1, paragraph 
D; and
Sec. 48.  30-A MRSA §3010, sub-§6, as amended by PL 2007, c. 548, §2, is further 
amended to read:
6.  Rights of individuals.  A cable system operator may not deny service, deny access 
or otherwise discriminate against subscribers, channel users or general citizens on the basis 
of age, race, religion, sex, physical handicap disability or country of natural origin.
Sec. 49.  32 MRSA §14203, sub-§2, ¶D, as enacted by PL 1991, c. 397, §6, is 
amended to read:
D.  On invalids or handicapped persons with disabilities in those persons' places of 
residence;
Sec. 50.  32 MRSA §15202, sub-§13, as enacted by PL 1995, c. 560, Pt. H, §14 
and affected by §17, is amended to read:
13.  Physically handicapped disabled person.  "Physically handicapped disabled 
person" means a person who has a physiological disability, infirmity, malformation, 
disfigurement or condition that eliminates or severely limits the person's ability to have 
access to the person's environment by normal ambulatory function, necessitating the use of 
crutches, a wheelchair or other similar device for locomotion.
Sec. 51.  33 MRSA §124, sub-§4, as enacted by PL 1991, c. 373, is amended to 
read:
4.  Class of persons to whom residential real estate may be sold.  To restrict the 
class of persons to whom residential real estate may be sold or leased, as long as that 
restriction does not discriminate based upon race, color, sex, physical or mental handicap 
disability, religion, ancestry or national origin and does not otherwise contravene the 
Constitution of Maine or the United States Constitution;
Sec. 52.  34-B MRSA §6204, sub-§2-A, as corrected by RR 2003, c. 2, §107, is 
amended to read:
2-A.  Improvement and expansion of day treatment services for emotionally 
handicapped disabled children.  The department shall work cooperatively with the 
Department of Corrections and Department of Education to improve and expand day 
treatment programs for emotionally handicapped school-age children who are emotionally 
disabled so that they and their families may receive necessary, appropriate and coordinated 
therapeutic and educational services in home and community settings, reducing the 
likelihood that out-of-home or residential treatment placements will be required.  The 
department shall license these programs pursuant to sections 3603 and 3606.  The 
Department of Education shall approve these programs pursuant to Title 20‑A, chapter 206.  
The 2 departments shall jointly develop standards to ensure a consistent high quality 
throughout the State.
Sec. 53.  35-A MRSA §7101, sub-§5, as enacted by PL 2003, c. 553, Pt. B, §1, is 
amended to read:
5.  Homeland security and emergency alerts.  The Legislature further finds that 
seamless, integrated, robust and redundant means of communication, including, but not 
limited to, voice and alphanumeric pagers, landline telephones, wireless telephones, text 
radio and wireless e-mail, create a robust communication system that enables rapid contact 
with first responders, ensures emergency alert notification to all affected persons in the 
State, including at-risk populations such as the persons who have hearing loss or visually 
impaired visual impairments, and enhances homeland security.  It is the policy of the State 
to encourage the deployment of the infrastructure necessary to support such a 
communications system.
Sec. 54.  35-A MRSA §7503, sub-§3, ¶B, as enacted by PL 1987, c. 628, §6, is 
amended to read:
B.  "Wheelchair accessible" means meeting the most recent applicable standards of the 
American National Standards Institute for accessibility by the physically handicapped 
persons with disabilities at the time of placement.
Sec. 55.  35-A MRSA §7505, as amended by PL 2009, c. 174, §§24 and 25, is further 
amended to read:
§7505.  Telecommunication devices for the persons who are hard of hearing and or 
speech impaired required in public facilities
1.  State buildings.  The Department of Administrative and Financial Services shall 
require the installation and maintenance of telecommunication devices for communication 
for the persons who are deaf, hard of hearing, late deafened and speech-impaired or speech 
impaired who rely on those devices for telephone communications in locations accessible 
to the public in state buildings where a primary function is the delivery of service to the 
general public in accordance with a plan developed by the Department of Administrative 
and Financial Services, Bureau of Information Services and the Department of Labor, 
Bureau of Rehabilitation Services.
2.  Other facilities serving the public.  If public telephones are provided in a public 
facility, it shall be is the responsibility of the owner or manager of the public facility to 
provide equal access by providing at least one telecommunication device for the persons 
who are hard of hearing and or speech impaired in the public facility.
3.  Public facilities.  For the purposes of this section, the following kinds of facilities 
shall be considered public facilities:
A.  Airport terminals serving scheduled flights;
B.  Bus and train depots; and
C.  Hospitals.
4.  Notice.  A sign noting the availability and location of the telecommunication device 
for persons who are hard of hearing and or speech impaired persons shall must be posted 
by the owner of the facility in a conspicuous location within each public facility covered 
by this section.
5.  Devices.  The requirements of this section may be satisfied by installation of 
telecommunications devices for the deaf as defined in section 8702, subsection 6, or other 
devices approved by the Department of Labor, Bureau of Rehabilitation Services, Division 
for the Deaf, Hard of Hearing and Late Deafened.
6.  Relief.  A violation of this section is unlawful public accommodations 
discrimination under Title 5, section 4592, and any person aggrieved may assert that 
person's rights pursuant to Title 5, chapter 337.
Sec. 56.  36 MRSA §1760, sub-§70, as amended by PL 1989, c. 871, §14, is further 
amended to read:
70.  Organizations providing certain services for hearing-impaired persons who 
are hard of hearing.  Sales to incorporated nonprofit organizations whose primary 
purposes are to promote public understanding of hearing impairment loss and to assist 
hearing-impaired persons who are hard of hearing through the dissemination of information 
about hearing impairment loss to the general public and referral to and coordination of 
community resources available to hearing-impaired persons who are hard of hearing.
Sec. 57.  36 MRSA §2557, sub-§25, as enacted by PL 2003, c. 673, Pt. V, §25 and 
affected by §29, is amended to read:
25.  Organizations providing certain services for hearing-impaired persons who 
are hard of hearing.  Sales to incorporated nonprofit organizations whose primary 
purposes are to promote public understanding of hearing impairment loss and to assist 
hearing-impaired persons who are hard of hearing through the dissemination of information 
about hearing impairment loss to the general public and referral to and coordination of 
community resources available to hearing-impaired persons who are hard of hearing;
Sec. 58.  State to discontinue the use of the terms "handicap," 
"handicapped" and "hearing impaired."  Departments, agencies and offices of the 
legislative, executive and judicial branches of State Government shall discontinue the use 
of the terms "handicap," "handicapped" and "hearing impaired" to describe a person or set 
of persons in all laws, rules and official documents.  The Department of Labor shall report 
to the Joint Standing Committee on Labor and Housing by December 1, 2021 regarding 
progress on removing the terms from official documents and a reasonable time frame to 
complete the removal.
SUMMARY
This bill amends the Maine Revised Statutes to remove the terms "handicap," 
"handicapped" and "hearing impaired" where they are used to describe a person or set of 
persons in the Maine Revised Statutes and directs all branches of State Government to 
discontinue the use of the terms.  It directs the Department of Labor to report to the Joint 
Standing Committee on Labor and Housing by December 1, 2021 regarding progress on 
removing the terms from official documents and a reasonable time frame to complete the 
removal.  It also broadens the scope of provisions setting out state policy regarding 
participation in the social and economic life of the State and public employment to cover 
persons who are disabled, not only persons who are physically disabled.