HOUSE BILL No. 5059


     September 20, 2001, Introduced by Reps. Gosselin, Bradstreet, Voorhees and Kooiman and referred to the Committee on Civil Law and the
Judiciary.


        A bill to prohibit discrimination by this state or a politi-

   cal subdivision of this state against a private organization or

   charitable funding organization based on the organization's

   beliefs, expression of beliefs, or exercise of rights protected

   by the constitution of the United States or of this state.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  As used in this act:

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           (a) "Charitable funding organization" means the united way.

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           (b) "Equal access to public property" means that each pri-

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      vate organization has an equal opportunity to use the building,

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      land, facilities, or equipment of this state or political subdi-

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      vision of this state, including a public school.

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           (c) "Political subdivision of this state" means a county,

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      city, township, village, school district, or other governmental

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      unit.


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           (d) "Private organization" means an organization whose

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      purpose is to provide an educational program for boys and young

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      adults to build character, train in the responsibilities of par-

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      ticipating citizenship, and prepare young people to make ethical

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      and moral choices over their lifetimes by instilling the values

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      of duty to God and country, helping other people at all times,

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      and keeping physically strong, mentally awake, and morally

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      straight.

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           (e) "Public property" means a building, land, facilities, or

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      equipment owned, possessed, or leased by this state or a politi-

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      cal subdivision of this state.

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           Sec. 3.  This state or a political subdivision of this state

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      shall not deny equal access to public property by a private

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      organization based on that private organization's beliefs,

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      expression of beliefs, or exercise of rights protected by the

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      constitution of the United States or of this state.

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           Sec. 5.  This state or a political subdivision of this state

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      shall not do either of the following:

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           (a) Deny or withdraw public money from a private organiza-

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      tion or charitable funding organization based on that

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      organization's beliefs, expression of beliefs, or exercise of

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      rights protected by the constitution of the United States or of

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      this state.

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           (b) Except as necessary to comply with an administrative or

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      judicial finding of unlawful discrimination under federal law or

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      the laws of this state, compel or attempt to compel a private

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      organization to hire, employ, enroll, or accept as a member,



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      volunteer, or employee an individual based on the individual's

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      beliefs regarding religion or sexual orientation.

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           Sec. 7.  A charitable funding organization shall not deny or

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      withdraw funding from a private organization based on the private

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      organization's beliefs, expression of beliefs, or exercise of

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      rights protected by the constitution of the United States or of

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      this state if either of the following applies:

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           (a) The charitable funding organization obtained the money

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      used for funding private organizations from the solicitation of

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      voluntary charitable contributions from employees of this state.

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           (b) The charitable funding organization obtained the money

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      used for funding private organizations from the solicitation of

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      voluntary charitable contributions from employees of a political

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      subdivision of this state.





























   03838'01          Final page.                            CAS