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Code of Ordinances Amendment - Title 8 Human Rights_Unfair / Discriminatory Practices Copyrighted December 18, 2017 City of Dubuque Action Items # 5. ITEM TITLE: Code of Ordinances Amendment- Title 8 Human Rights - Unfair and Discriminatory Practices SUMMARY: City Manager recommending approval of an ordinance which amends City of Dubuque Code of Ordinances, Section 8-3-4: Credit, to mirror lowa Code and include familial status as a protected class for credit discrimination purposes. ORDINANCE Amending City of Dubuque Code of Ordinances Title 8 Human Rights, Chapter 3, Unfair and Discriminatory Practices, Section 8-3-4 SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Human Rights-Unfair and Discriminatory Practices- City Manager Memo NNM Memo Staff Memo Staff Memo Ordinance Ordinance Suggested Nbtion Wording Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Human Rights — Unfair and Discriminatory Practices DATE: December 12, 2017 City Attorney Crenna Brumwell recommends City Council approval of an ordinance which amends City of Dubuque Code of Ordinances, Section 8-3-4: Credit, to mirror lowa Code and include familial status as a protected class for credit discrimination purposes. City code can be more protective/restrictive than state code, but cannot be less protective/restrictive. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ���,�� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager DaTe: December 12, 2017 Re: Human Rights — Unfair and Discriminatory Practices Attached is an ordinance which amends City of Dubuque Code of Ordinances, Section 8-3-4: Credit, to mirror lowa Code and include familial status as a protected class for credit discrimination purposes. City code can be more protective/restrictive than state code, but cannot be less protective/restrictive. I would ask that the ordinance be reviewed and forwarded to the City Council for consideration and approval. Please let me know if you have any questions. Thank you. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 47-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS, CHAPTER 3 UNFAIR AND DISCRIMINATORY PRACTICES, SECTION 8-3- 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 8-3-4 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 8-3-4: CREDIT: It shall be an unfair or discriminatory practice for any: A. Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds and current situations because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, sexual orientation, familial status, or gender identity. B. Person authorized or licensed to do business in this state pursuant to chapters 524, 533, 534, 536, or 536A of the code of Iowa to refuse to loan or extend to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, sexual orientation, familial status, or gender identity. C. Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex, sexual orientation, familial status, or gender identity. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by the code of Iowa or United States code. D. The provisions in this section shall not be construed by negative implications or otherwise to narrow or restrict any other provisions of this title. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 18th day ec mb 2017. i i Roy D. Buollayor Attest: KevinFirnstaht, City Clerk ii EFFECT OF AMENDMENT 8-3-4: CREDIT: It shall be an unfair or discriminatory practice for any: A. Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds and current situations because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, sexual orientation, familial status, or gender identity. B. Person authorized or licensed to do business in this state pursuant to chapters 524, 533, 534, 536, or 536A of the code of lowa to refuse to loan or extend to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, sexual orientation, familial status, or gender identity. C. Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex, sexual orientation, familial status, or gender identity. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by the code of lowa or United States code. D. The provisions in this section shall not be construed by negative implications or otherwise to narrow or restrict any other provisions of this title. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: December 22, 2017, and for which the charge is $24.75. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 60, day of ® „ L/ , 20 /7 . Notary Public in and for Dubuque County, Iowa. RY K WESTERMEYER Commission Number 15485 fMv';ommissicin cxi . Feb. 1 2020 OFFICIAL PUBLICATION ORDINANCE NO. 47-17, AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS, CHAPTER 3 UNFAIR AND DISCRIMINATORY PRACTICES, SECTION 8-3-4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 8.3- 4 of the City of Dubuque Code of -Ordinances is hereby amended to read as follows: 8-3-4: CREDIT: It shall be an unfair or discriminatory practice for any: A. Creditor to refuse to enter into a con- sumer credit transac- tion or impose finance charges or other terms or conditions --more- n-those,,_ ed by by prr 'Con- su`mers`of.,similar eco- ;. npmic -?'-backgrounds 'and current situations 'because'of age, color, I creed, national origin, race, religion, marital. status, sex, physical disability,sexual orien- tation, farnilial status, or gender identity. B. Person authorized or licensed to do business in :this state pursuant --to chapters 524,`533; 534; 536, or 536A of the code. of Iowa to refuse, to, loan or extend to persons of similar economic back,. grounds because of age, color;' creed, national origin, race, _religion,marital status, sex, physical disability, sexual orientation, fa- milial status, or gender identity. C. Creditor to refuse to offer credit life or health and. accident insurance because of color; creed, national origin, race, religion, marital status, age, physical disability, sex, sexual. -ori eotatigg,,.'fa- -Mil-Cal status, or gender identity. Refusalb a creditor to offer dr it life or health and`•ac- cident insurance based upon the age or physical disability of :the consumer shall not be an unfair or dis- criminatory practice if such denial ,is based solely upon, bona fide underwriting consider- ations not prohibited by the code of.'Iowa or United States code. D. The provisions in this section shall not be construed by negati0,e implications or otherwise to narrow or restrict any other provisions of this title. ' Section 2. This Ordi- nance shall take effect upon publication. Passed, approved and adopted this 1$t day of December 2017/. i /s/Roy D. Buol, Mayor I Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of December 2017.. /s/Kevin S. Firns6h1, City Clerk' it 12/22