Contracts between state agencies, boards or commissions and religious organizations for the provision of goods or services must ensure that:

1.__Independence of religious organization.__A religious organization with a contract described in this subchapter retains its independence from federal, state and municipal governments, including the religious organization's control over the definition, development, practice and expression of its religious beliefs.__State agencies, boards or commissions may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible to contract to provide assistance or to accept forms of disbursement funded under any program or public contract.

2.__Alternative providers.__If a person who applies for or receives goods, services or disbursements objects to the religious character of the organization or institution from which the person receives or would receive assistance funded under any program, the state agency, board or commission shall provide the person, within a reasonable period of time after the date of the objection, with assistance from an alternative provider that is accessible to the person, if an alternative provider is available, and the value of which is not less than the value of assistance that the person would have received from the religious organization.__Organizations shall provide notice to people receiving assistance of the right to object under this subsection.

3.__Employment practices.__A religious organization's exemption provided under Section 702 of the Civil Rights Act of 1964 Public Law 88-352; 78 STAT. 255; 42 United States Code, Section 2000 e-l(a), regarding employment practices is not affected by its participation in or receipt of funds from programs described in this subchapter.__Nothing in this subchapter allows religious organizations to discriminate in employment practices on the basis of race, age, color, sex or national origin.

4.__Prohibition against discrimination in rendering assistance.__Except as otherwise provided by law, a religious organization may not discriminate against a person with respect to rendering assistance funded under any program on the basis of religion, a religious belief or refusal to participate in a religious practice or on the basis of race, age, color, sex or national origin.

5.__Accounting for funds.__Except as provided for in subsection 6, any religious organization that contracts to provide goods, services or assistance funded under any program is subject to the same rules as other contractors to account in accordance with generally accepted accounting principles for the use of the funds provided under the program.

6.__Limitation on audits.__If a religious organization segregates into separate accounts public funds provided under the programs contracted for pursuant to this subchapter, only the programs funded by financial assistance provided with these funds are subject to financial and performance audits.

7.__Appeals.__Appeals of the decisions of the commissioner or director of a state agency, board or commission may be made to the Commissioner of Administrative and Financial Services in accordance with section 1825-E that governs bid appeal procedures or the rules established pursuant to section 1831.

8.__Limitation on expenditures.__No funds provided directly to institutions or organizations to provide services and to administer programs may be spent for sectarian worship, instruction or proselytization.__This subsection does not apply to the contracting for the services of chaplains by a public body.

Sec. 2. 22 MRSA §6-D is enacted to read:

§6-D.__Liaisons to faith-based organizations

The commissioner shall designate one department employee in each of the department's service delivery regions established under this chapter to serve as a liaison to faith-based organizations in the region that may have the ability to provide community services for persons in need of public assistance pursuant to Title 5, chapter 155, subchapter III.__The commissioner shall ensure that the primary functions of each employee designated as a liaison are to:

1.__Communicate need for services.__Communicate with faith- based organizations regarding the need for private community services to benefit persons in need of assistance under public programs administered by the department;

2.__Promote involvement.__Promote the involvement of faith- based organizations working to meet community needs for assistance; and

3.__Coordinate with other agencies.__Coordinate the department's efforts to promote involvement of faith-based

organizations in providing community services with similar efforts of other state agencies.

SUMMARY

This bill clarifies the relationship between state agencies and faith-based organizations in the provision of contracted goods or services, particularly goods or services provided under the Maine Revised Statutes, Title 22. The bill also specifies the limitations on such contracts and requires the Commissioner of Human Services to designate a liaison to faith-based organizations in each service delivery region.