APPROVED CHAPTER
JUNE 23, 2021 348
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 987 - L.D. 1336
An Act To Discontinue the Use of the Terms "Handicap," "Handicapped"
and "Hearing Impaired" in State Laws, Rules and Official Documents
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
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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
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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.
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 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.
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 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
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 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