An Act To Protect against Discrimination by Public Entities
Maine Legislature, Session 130, LD 0982
Committee Amendment CA_A_H1033 (House)
Amends: 5 MRSA §4553, 5 MRSA §4592, 5 MRSA §4630

COMMITTEE AMENDMENT ,.fr,, to H.P. 728, L.D. 982, "An Act To Protect 
against Discrimination by Public Entities" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §4553, sub-§8-D, 1A, as amended by PL 2019, c. 464, §1, is 
further amended to read: 
A. Subchapter 3 (employment)t-aH:d.:. 
Sec. 2. 5 MRSA §4553, sub-§8-D, ~, as amended by PL 2019, c. 464, §1, is 
repealed. 
Sec. 3. 5 MRSA §4553, sub-§8-D, as amended by PL 2019, c. 464, §1, is further 
amended by repealing the last blocked paragraph. 
Sec. 4. 5 MRSA §4553, sub-§10, ~, as amended by PL 2005, c. 10, §5, is further 
amended to read: 
F. Unlawful educational discrimination as defined and limited by subchapter 5-B; and 
Sec. 5. 5 MRSA §4553, sub-§10, 1G, as amended by PL 2021, c. 366, §3, is further 
amended by amending the first blocked paragraph to read: 
Any for-profit organization owned, controlled or operated by a religious association or 
corporation and subject to the provisions of the Internal Revenue Code, 26 United 
States Code, Section 511(a) is not covered by the exemptions set forth in this 
paragraph,; and 
Sec. 6. 5 MRSA §4553, sub-§10, ~ 
is enacted to read: 
H. Unlawful discrimination by public entities as described in section 4630. 
Sec. 7. 5 MRSA §4592, sub-§1, 1C, as enacted by PL 1995, c. 393, §22, is 
amended to read: 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT./ to H.P. 728, L.D. 982 
C. A failure to take steps that may be necessary to ensure that no individual with a 
disability is excluded, denied services, segregated or otherwise treated differently than 
other individuals because of the absence of auxiliary aids and services, unless, in the 
case of a private entity, the private entity can demonstrate that taking those steps would 
fundamentally alter the nature of the good, service, facility, privilege, advantage or 
accommodation being offered or would result in an undue burden; and 
Sec. 8. 5 MRSA §4592, sub-§1, ~' as amended by PL 2021, c. 366, §13, is further 
amended by amending the first blocked paragraph to read: 
When the entity can demonstrate that the removal of a barrier under this paragraph is 
not readily achievable, a failure to make the goods, services, facilities, privileges, 
advantages or accommodations available through alternative methods if alternative 
methods are readily achievable; aoo 
Sec. 9. 5 MRSA §4592, sub-§1, ~' as enacted by PL 1995, c. 393, §22, is 
repealed. 
Sec. 10. 5 MRSA §4630 is enacted to read: 
§4630. Discrimination by public entities prohibited 
1. Unlawful discrimination. It is unlawful for a public entity to discriminate against, 
exclude from participation in or otherwise deny the benefits of the services, programs or 
activities of a public entity to any individual by reason of the individual's race, color, sex, 
sexual orientation, gender identity, age, physical or mental disability, religion, ancestry or 
national origin. 
2. Continued applicability. This section does not diminish the applicability of other 
provisions of this chapter to public entities acting as employers, public accommodations or 
educational institutions or as providers of credit or housing. 
Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration -Attorney General 0310 
Initiative: Establishes one Assistant Attorney General position in the Litigation Division of 
the Office of the Attorney General and provides funding for related All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
2021-22 
2022-23 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$128,275 
All Other 
$0 
$6,173 
OTHER SPECIAL REVENUE FUNDS TOTAL 
ATTORNEY GENERAL, DEPARTMENT OF THE 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
$0 
2021-22 
$0 
COMMITTEE AMENDMENT 
$134,448 
2022-23 
$134,448 
COMMITTEE AMENDMENT «/1'" to H.P. 728, L.D. 982 
... 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$134,448 
\ 
~ 
CORRECTIONS, DEPARTMENT OF 
Administration - Corrections 0141 
Initiative: Provides funding to reimburse the Attorney General's office for costs incurred 
on behalf of the department. 
GENERAL FUND 
2021-22 
2022-23 
All Other 
$0 
$134,448 
GENERAL FUND TOTAL 
$0 
$134,448 
Correctional Center 0162 
Initiative: Provides funding for one Prison Administration Coordinator position and related 
costs to review, process and investigate additional claims of discrimination. 
GENERAL FUND 
2021-22 
2022-23 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$113,859 
All Other 
$0 
$6,980 
GENERAL FUND TOTAL 
$0 
$120,839 
Mountain View Correctional Facility 0857 
Initiative: Provides funding for one Prison Administration Coordinator position and related 
costs to review, process and investigate additional claims of discrimination. 
GENERAL FUND 
2021-22 
2022-23 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$113,859 
All Other 
$0 
$6,980 
GENERAL FUND TOTAL 
$0 
$120,839 
State Prison 0144 
Initiative: Provides funding for one Prison Administration Coordinator position and related 
costs to review, process and investigate additional claims of discrimination. 
GENERAL FUND 
2021-22 
2022-23 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$113,859 
All Other 
$0 
$6,980 
GENERAL FUND TOTAL 
$0 
$120,839 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
2021-22 
2022-23 
GENERAL FUND 
$0 
$496,965 
( 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT ,/1,, to H.P. 728, L.D. 982 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
$0 
2021-22 
$0 
$0 
$0 
$496,965 
2022-23 
$496,965 
$134,448 
$631,413 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. It creates a new section in the Maine Human Rights 
Act that states it is unlawful discrimination for a public entity to discriminate against, 
exclude from participation in or otherwise deny the benefits of the services, programs or 
activities of a public entity to any individual by reason of the individual's race, color, sex, 
sexual orientation, gender identity, age, physical or mental disability, religion, ancestry or 
national origin. It amends existing sections of the Maine Human Rights Act to create 
consistency with the new section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
( 
Approved: 04/06/22 hae 
LD982 
LR 1812(02) 
An Act To Protect against Discrimination by Public Entities 
Fiscal Note for Bill as Amended by Committee Amendment /f (//-/0!;>3) 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
ppropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
$0 
$0 
$0 
FY 2022-23 
$496,965 
$496,965 
$134,448 
Projections 
FY2023-24 
$519,547 
$519,547 
$138,553 
Projectipns 
FY 2024-25 
$553,294 
$553,294 
$142,789 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases filed in the court system does not require additional funding at this time. The collection 
of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The bill includes General Fund appropriations of $496,965 in fiscal year 2022-23 to the Department of Corrections for 
Prison Administration Coordinator positions, related costs to review, process and investigate additional claims of 
discrimination and to reimburse the Attorney General's office for work performed on the department's behalf. 
The bill also includes an Other Special Revenue Funds allocation of $134,448 beginning in fiscal year 2022-23 to 
establish one Assistant Attorney General position in the Litigation Division of the Office of the Attorney General and 
provide funding for related All Other costs. 
Any additional costs to the Maine Human Rights Commission du~ to an increase in complaints filed are expected to 
be minor and can be absorbed within existing budgeted resources. 
. 
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