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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5884 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001497 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL OFFENSES -- HOTELS AND PUBLIC PLACES |
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| 16 | 16 | | Introduced By: Representatives Noret, Casimiro, Vella-Wilkinson, Corvese, Craven, |
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| 17 | 17 | | Casey, Place, Lima, Costantino, and Phillips |
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| 18 | 18 | | Date Introduced: March 01, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 11-24-2 of the General Laws in Chapter 11-24 entitled "Hotels and 1 |
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| 24 | 24 | | Public Places" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 11-24-2. Discriminatory practices prohibited. 3 |
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| 26 | 26 | | No person, being the owner, lessee, proprietor, manager, superintendent, agent, or 4 |
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| 27 | 27 | | employee of any place of public accommodation, resort, or amusement shall directly or indirectly 5 |
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| 28 | 28 | | refuse, withhold from, or deny to any person on account of race or color, religion, country of 6 |
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| 29 | 29 | | ancestral origin, disability, age, sex, sexual orientation, gender identity or expression, or refusal of 7 |
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| 30 | 30 | | the individual to receive a vaccine or to provide proof of vaccination, any of the accommodations, 8 |
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| 31 | 31 | | advantages, facilities, or privileges of that public place. No person shall directly or indirectly 9 |
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| 32 | 32 | | publish, circulate, issue, display, post, or mail any written, printed or painted communication, 10 |
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| 33 | 33 | | notice, or advertisement, to the effect that any of the accommodations, advantages, facilities, and 11 |
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| 34 | 34 | | privileges of any public accommodation place shall be refused, withheld from, or denied to any 12 |
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| 35 | 35 | | person on account of race or color, religion, country of ancestral origin, disability, sex or sexual 13 |
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| 36 | 36 | | orientation, gender identity or expression, or age or for refusal to be vaccinated or to provide proof 14 |
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| 37 | 37 | | of vaccination or that the patronage or custom at that place of any person belonging to or purporting 15 |
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| 38 | 38 | | to be of any particular race or color, religion, country of ancestral origin, disability, age, sex, sexual 16 |
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| 39 | 39 | | orientation, vaccination status or gender identity or expression is unwelcome, objectionable, or not 17 |
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| 40 | 40 | | acceptable, desired, or solicited. The production of any written, printed, or painted communication, 18 |
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| 41 | 41 | | notice, or advertisement, purporting to relate to any public place and to be made by any person 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001497 - Page 2 of 10 |
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| 45 | 45 | | being its owner, lessee, proprietor, superintendent, or manager, shall be presumptive evidence in 1 |
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| 46 | 46 | | any action that its production was authorized by that person. 2 |
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| 47 | 47 | | SECTION 2. Section 28-5-7 of the General Laws in Chapter 28-5 entitled "Fair 3 |
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| 48 | 48 | | Employment Practices" is hereby amended to read as follows: 4 |
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| 49 | 49 | | 28-5-7. Unlawful employment practices. 5 |
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| 50 | 50 | | It shall be an unlawful employment practice: 6 |
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| 51 | 51 | | (1) For any employer: 7 |
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| 52 | 52 | | (i) To refuse to hire any applicant for employment because of his or her race or color, 8 |
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| 53 | 53 | | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 9 |
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| 54 | 54 | | ancestral origin; 10 |
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| 55 | 55 | | (ii) Because of those reasons, to discharge an employee or discriminate against him or her 11 |
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| 56 | 56 | | with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any 12 |
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| 57 | 57 | | other matter directly or indirectly related to employment. However, if an insurer or employer 13 |
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| 58 | 58 | | extends insurance-related benefits to persons other than or in addition to the named employee, 14 |
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| 59 | 59 | | nothing in this subdivision shall require those benefits to be offered to unmarried partners of named 15 |
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| 60 | 60 | | employees; 16 |
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| 61 | 61 | | (iii) In the recruiting of individuals for employment or in hiring them, to utilize any 17 |
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| 62 | 62 | | employment agency, placement service, training school or center, labor organization, or any other 18 |
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| 63 | 63 | | employee referring source that the employer knows, or has reasonable cause to know, discriminates 19 |
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| 64 | 64 | | against individuals because of their race or color, religion, sex, sexual orientation, gender identity 20 |
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| 65 | 65 | | or expression, disability, age, or country of ancestral origin; 21 |
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| 66 | 66 | | (iv) To refuse to reasonably accommodate an employee’s or prospective employee’s 22 |
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| 67 | 67 | | disability unless the employer can demonstrate that the accommodation would pose a hardship on 23 |
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| 68 | 68 | | the employer’s program, enterprise, or business; or 24 |
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| 69 | 69 | | (v) When an employee has presented to the employer an internal complaint alleging 25 |
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| 70 | 70 | | harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual 26 |
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| 71 | 71 | | orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a 27 |
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| 72 | 72 | | timely manner in writing to that employee the disposition of the complaint, including a description 28 |
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| 73 | 73 | | of any action taken in resolution of the complaint; provided, however, no other personnel 29 |
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| 74 | 74 | | information shall be disclosed to the complainant; or 30 |
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| 75 | 75 | | (vi) To refuse to hire, or to discharge, penalize or discriminate against any individual, to 31 |
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| 76 | 76 | | include, but not be limited to, any health care professional, with respect to compensation or the 32 |
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| 77 | 77 | | terms, conditions or privileges of employment on the basis of the individual's vaccination history, 33 |
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| 78 | 78 | | the refusal of an individual to receive a vaccine or to provide proof of vaccination and/or immunity. 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001497 - Page 3 of 10 |
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| 82 | 82 | | (2)(i) For any employment agency to fail or refuse to properly classify or refer for 1 |
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| 83 | 83 | | employment or otherwise discriminate against any individual because of his or her race or color, 2 |
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| 84 | 84 | | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 3 |
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| 85 | 85 | | ancestral origin; or 4 |
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| 86 | 86 | | (ii) For any employment agency, placement service, training school or center, labor 5 |
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| 87 | 87 | | organization, or any other employee referring source to comply with an employer’s request for the 6 |
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| 88 | 88 | | referral of job applicants if the request indicates, either directly or indirectly, that the employer will 7 |
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| 89 | 89 | | not afford full and equal employment opportunities to individuals regardless of their race or color, 8 |
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| 90 | 90 | | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 9 |
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| 91 | 91 | | ancestral origin; 10 |
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| 92 | 92 | | (3) For any labor organization: 11 |
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| 93 | 93 | | (i) To deny full and equal membership rights to any applicant for membership because of 12 |
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| 94 | 94 | | his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, 13 |
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| 95 | 95 | | age, or country of ancestral origin; 14 |
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| 96 | 96 | | (ii) Because of those reasons, to deny a member full and equal membership rights, expel 15 |
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| 97 | 97 | | him or her from membership, or otherwise discriminate in any manner against him or her with 16 |
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| 98 | 98 | | respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or 17 |
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| 99 | 99 | | any other matter directly or indirectly related to membership or employment, whether or not 18 |
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| 100 | 100 | | authorized or required by the constitution or bylaws of the labor organization or by a collective 19 |
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| 101 | 101 | | labor agreement or other contract; 20 |
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| 102 | 102 | | (iii) To fail or refuse to classify properly or refer for employment, or otherwise to 21 |
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| 103 | 103 | | discriminate against any member because of his or her race or color, religion, sex, sexual 22 |
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| 104 | 104 | | orientation, gender identity or expression, disability, age, or country of ancestral origin; or 23 |
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| 105 | 105 | | (iv) To refuse to reasonably accommodate a member’s or prospective member’s disability 24 |
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| 106 | 106 | | unless the labor organization can demonstrate that the accommodation would pose a hardship on 25 |
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| 107 | 107 | | the labor organization’s program, enterprise, or business; 26 |
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| 108 | 108 | | (4) Except where based on a bona fide occupational qualification certified by the 27 |
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| 109 | 109 | | commission or where necessary to comply with any federal mandated affirmative action programs, 28 |
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| 110 | 110 | | for any employer or employment agency, labor organization, placement service, training school or 29 |
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| 111 | 111 | | center, or any other employee referring source, prior to employment or admission to membership 30 |
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| 112 | 112 | | of any individual, to: 31 |
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| 113 | 113 | | (i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to his or her 32 |
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| 114 | 114 | | race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or 33 |
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| 115 | 115 | | country of ancestral origin; 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001497 - Page 4 of 10 |
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| 119 | 119 | | (ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, 1 |
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| 120 | 120 | | gender identity or expression, disability, age, or country of ancestral origin; 2 |
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| 121 | 121 | | (iii) Use any form of application for employment, or personnel or membership blank 3 |
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| 122 | 122 | | containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual 4 |
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| 123 | 123 | | orientation, gender identity or expression, disability, age, or country of ancestral origin; 5 |
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| 124 | 124 | | (iv) Print or publish, or cause to be printed or published, any notice or advertisement 6 |
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| 125 | 125 | | relating to employment or membership indicating any preference, limitation, specification, or 7 |
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| 126 | 126 | | discrimination based upon race or color, religion, sex, sexual orientation, gender identity or 8 |
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| 127 | 127 | | expression, disability, age, or country of ancestral origin; or 9 |
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| 128 | 128 | | (v) Establish, announce, or follow a policy of denying or limiting, through a quota system 10 |
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| 129 | 129 | | or otherwise, employment or membership opportunities of any group because of the race or color, 11 |
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| 130 | 130 | | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 12 |
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| 131 | 131 | | ancestral origin of that group; 13 |
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| 132 | 132 | | (5) For any employer or employment agency, labor organization, placement service, 14 |
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| 133 | 133 | | training school or center, or any other employee referring source to discriminate in any manner 15 |
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| 134 | 134 | | against any individual because he or she has opposed any practice forbidden by this chapter, or 16 |
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| 135 | 135 | | because he or she has made a charge, testified, or assisted in any manner in any investigation, 17 |
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| 136 | 136 | | proceeding, or hearing under this chapter; 18 |
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| 137 | 137 | | (6) For any person, whether or not an employer, employment agency, labor organization, 19 |
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| 138 | 138 | | or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to 20 |
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| 139 | 139 | | be an unlawful employment practice, or to obstruct or prevent any person from complying with the 21 |
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| 140 | 140 | | provisions of this chapter or any order issued pursuant to this chapter, or to attempt directly or 22 |
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| 141 | 141 | | indirectly to commit any act declared by this section to be an unlawful employment practice; 23 |
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| 142 | 142 | | (7) For any employer to include on any application for employment, except applications 24 |
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| 143 | 143 | | for law enforcement agency positions or positions related to law enforcement agencies, a question 25 |
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| 144 | 144 | | inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been 26 |
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| 145 | 145 | | arrested, charged with or convicted of any crime; provided, that: 27 |
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| 146 | 146 | | (i) If a federal or state law or regulation creates a mandatory or presumptive disqualification 28 |
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| 147 | 147 | | from employment based on a person’s conviction of one or more specified criminal offenses, an 29 |
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| 148 | 148 | | employer may include a question or otherwise inquire whether the applicant has ever been 30 |
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| 149 | 149 | | convicted of any of those offenses; or 31 |
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| 150 | 150 | | (ii) If a standard fidelity bond or an equivalent bond is required for the position for which 32 |
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| 151 | 151 | | the applicant is seeking employment and his or her conviction of one or more specified criminal 33 |
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| 152 | 152 | | offenses would disqualify the applicant from obtaining such a bond, an employer may include a 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001497 - Page 5 of 10 |
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| 156 | 156 | | question or otherwise inquire whether the applicant has ever been convicted of any of those 1 |
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| 157 | 157 | | offenses; and 2 |
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| 158 | 158 | | (iii) Notwithstanding, any employer may ask an applicant for information about his or her 3 |
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| 159 | 159 | | criminal convictions at the first interview or thereafter, in accordance with all applicable state and 4 |
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| 160 | 160 | | federal laws; 5 |
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| 161 | 161 | | (8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment 6 |
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| 162 | 162 | | or by making contributions to a fringe benefit fund or insurance program, benefits in violation with 7 |
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| 163 | 163 | | §§ 28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988, or if 8 |
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| 164 | 164 | | there is an applicable collective bargaining agreement in effect on June 7, 1988, until the 9 |
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| 165 | 165 | | termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-10 |
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| 166 | 166 | | 38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either 11 |
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| 167 | 167 | | directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance 12 |
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| 168 | 168 | | program. 13 |
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| 169 | 169 | | (ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers 14 |
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| 170 | 170 | | and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-15 |
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| 171 | 171 | | 5-38 may be made by employers and employees in the same proportion. 16 |
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| 172 | 172 | | (iii) Nothing in this section shall prevent the readjustment of benefits or compensation for 17 |
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| 173 | 173 | | reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38. 18 |
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| 174 | 174 | | SECTION 3. Section 30-15-9 of the General Laws in Chapter 30-15 entitled "Emergency 19 |
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| 175 | 175 | | Management" is hereby amended to read as follows: 20 |
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| 176 | 176 | | 30-15-9. Governor’s responsibilities relating to disaster emergencies. 21 |
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| 177 | 177 | | (a) The governor shall be responsible for meeting the dangers to the state and people 22 |
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| 178 | 178 | | presented by disasters. 23 |
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| 179 | 179 | | (b) A state of emergency shall be declared by executive order or proclamation of the 24 |
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| 180 | 180 | | governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is 25 |
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| 181 | 181 | | imminent. The state of disaster emergency shall continue until the governor finds that the threat or 26 |
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| 182 | 182 | | danger has passed or the disaster has been dealt with to the extent that emergency conditions no 27 |
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| 183 | 183 | | longer exist and terminates the state of disaster emergency by executive order or proclamation, but 28 |
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| 184 | 184 | | no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the 29 |
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| 185 | 185 | | governor. The general assembly, by concurrent resolution, may terminate a state of disaster 30 |
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| 186 | 186 | | emergency at any time. Thereupon, the governor shall issue an executive order or proclamation 31 |
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| 187 | 187 | | ending the state of disaster emergency and what actions are being taken to control the emergency 32 |
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| 188 | 188 | | and what action the public should take to protect themselves. All executive orders or proclamations 33 |
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| 189 | 189 | | issued under this subsection shall indicate the nature of the disaster, the area or areas threatened, 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001497 - Page 6 of 10 |
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| 193 | 193 | | and the conditions that have brought it about or that make possible termination of the state of 1 |
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| 194 | 194 | | disaster emergency. An executive order or proclamation shall be disseminated promptly by means 2 |
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| 195 | 195 | | calculated to bring its contents to the attention of the general public and, unless the circumstances 3 |
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| 196 | 196 | | attendant upon the disaster prevent or impede, promptly filed with the agency, the secretary of state, 4 |
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| 197 | 197 | | and the city and town clerks in the area to which it applies. 5 |
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| 198 | 198 | | (c) An executive order or proclamation of a state of disaster emergency, shall activate the 6 |
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| 199 | 199 | | state and local disaster emergency plans applicable to the political subdivision or area in question 7 |
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| 200 | 200 | | and shall be authority for the deployment and use of any forces to which the plan or plans apply 8 |
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| 201 | 201 | | and for the use or distribution of any supplies, equipment, and materials and facilities assembled, 9 |
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| 202 | 202 | | stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law 10 |
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| 203 | 203 | | relating to disaster emergencies. 11 |
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| 204 | 204 | | (d) During the continuance of any state of disaster emergency the governor is commander-12 |
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| 205 | 205 | | in-chief of the organized and unorganized militia and of all other forces available for emergency 13 |
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| 206 | 206 | | duty. To the greatest extent practicable, the governor shall delegate or assign command authority 14 |
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| 207 | 207 | | by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein 15 |
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| 208 | 208 | | restricts the governor’s authority to do so by orders issued at the time of the disaster emergency. 16 |
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| 209 | 209 | | (e) In addition to any other powers conferred upon the governor by law, the governor may 17 |
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| 210 | 210 | | exercise the following powers, subject to the provisions of subsection (g) of this section, limited in 18 |
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| 211 | 211 | | scope and duration as is reasonably necessary for emergency response: 19 |
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| 212 | 212 | | (1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct 20 |
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| 213 | 213 | | of state business, or the orders, rules, or regulations of any state agency, if strict compliance with 21 |
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| 214 | 214 | | the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay 22 |
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| 215 | 215 | | necessary action in coping with the emergency, provided that the suspension of any statute, order, 23 |
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| 216 | 216 | | rule or regulation will be limited in duration and scope to the emergency action requiring said 24 |
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| 217 | 217 | | suspension; 25 |
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| 218 | 218 | | (2) Utilize all available resources of the state government as reasonably necessary to cope 26 |
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| 219 | 219 | | with the disaster emergency and of each political subdivision of the state; 27 |
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| 220 | 220 | | (3) Transfer the direction, personnel, or functions of state departments and agencies or units 28 |
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| 221 | 221 | | thereof for the purpose of performing or facilitating emergency services; 29 |
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| 222 | 222 | | (4) Subject to any applicable requirements for compensation under § 30-15-11, 30 |
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| 223 | 223 | | commandeer or utilize any private property if the governor finds this necessary to cope with the 31 |
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| 224 | 224 | | disaster emergency; 32 |
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| 225 | 225 | | (5) Direct and compel the evacuation of all or part of the population from any stricken or 33 |
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| 226 | 226 | | threatened area within the state if the governor deems this action necessary for the preservation of 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001497 - Page 7 of 10 |
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| 230 | 230 | | life or other disaster mitigation, response, or recovery; 1 |
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| 231 | 231 | | (6) Prescribe routes, modes of transportation, and destinations in connection with 2 |
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| 232 | 232 | | evacuation; 3 |
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| 233 | 233 | | (7) Control ingress and egress to and from a high risk area, the movement of persons within 4 |
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| 234 | 234 | | the area, and the occupancy of premises therein; 5 |
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| 235 | 235 | | (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, 6 |
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| 236 | 236 | | explosives, and combustibles; 7 |
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| 237 | 237 | | (9) Make provision for the availability and use of temporary emergency shelter; 8 |
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| 238 | 238 | | (10) Make and promulgate such rules and regulations as the governor may deem advisable 9 |
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| 239 | 239 | | for the assigning, detailing, and making available for duty and use in any city or town of this state 10 |
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| 240 | 240 | | any of the personnel, apparatus, or equipment of any police or fire department of any other city or 11 |
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| 241 | 241 | | town, or of any volunteer fire company, or of any fire district, and that personnel shall have the 12 |
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| 242 | 242 | | same powers, duties, rights, privileges, and immunities as if performing their duties in the city or 13 |
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| 243 | 243 | | town in which they normally would be employed, but the personnel shall obey the orders of the 14 |
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| 244 | 244 | | police and fire authorities of the city or town to which assigned, detailed, or made available. When 15 |
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| 245 | 245 | | assigned, detailed, or made available as aforesaid, the city or town in which the police or firefighters 16 |
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| 246 | 246 | | shall perform outside duties shall provide them with subsistence or pay them a reasonable 17 |
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| 247 | 247 | | allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred 18 |
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| 248 | 248 | | while being so used; provided, however, that a city or town shall be reimbursed by the state out of 19 |
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| 249 | 249 | | the general fund of the state for all expenses incurred under the foregoing provisions of this 20 |
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| 250 | 250 | | subsection; 21 |
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| 251 | 251 | | (11) Designate as a special emergency health and sanitation area, any area within the state 22 |
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| 252 | 252 | | that has been seriously damaged by disaster, or in which the existence of any military, naval, or air 23 |
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| 253 | 253 | | establishment of the United States of America or of any industrial establishment constructed or 24 |
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| 254 | 254 | | enlarged for purposes of national defense, has caused an increase in the population of that area to 25 |
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| 255 | 255 | | such an extent as to produce unusual problems of health and sanitation. It is the duty of state health 26 |
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| 256 | 256 | | authorities and the local code enforcement officials to make and enforce rules and regulations 27 |
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| 257 | 257 | | designed to prevent the introduction of any contagious or infectious disease and to safeguard the 28 |
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| 258 | 258 | | public health within the area. The governor may promulgate and enforce additional rules and 29 |
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| 259 | 259 | | regulations for the protection of the public health within areas as may be necessary; 30 |
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| 260 | 260 | | (12) Whenever, in the governor’s opinion, due to a disaster there is liable to be a serious 31 |
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| 261 | 261 | | shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other 32 |
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| 262 | 262 | | pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal 33 |
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| 263 | 263 | | authorities are not adequately dealing with the situation, promulgate such rules and regulations as 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001497 - Page 8 of 10 |
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| 267 | 267 | | he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those 1 |
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| 268 | 268 | | necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering 2 |
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| 269 | 269 | | from, those necessities; additionally, during a declared time of state or national emergency, no 3 |
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| 270 | 270 | | person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail 4 |
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| 271 | 271 | | immediately prior to the proclamation of emergency or during the proclaimed state of emergency. 5 |
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| 272 | 272 | | Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs 6 |
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| 273 | 273 | | during the normal course of business. Any person, firm, or corporation who or that violates any 7 |
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| 274 | 274 | | provision of this subsection shall be fined not more than one hundred dollars ($100); 8 |
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| 275 | 275 | | (13) Do all other things necessary to effectively cope with disasters in the state not 9 |
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| 276 | 276 | | inconsistent with other provisions of law; 10 |
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| 277 | 277 | | (14) Adopt and enforce measures to provide for the safe disposal of infectious waste as 11 |
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| 278 | 278 | | may be reasonable and necessary for emergency response due to a state disaster emergency. Such 12 |
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| 279 | 279 | | measures may include, but are not limited to, the collection, storage, handling, destruction, 13 |
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| 280 | 280 | | treatment, transportation, and disposal of infectious waste; 14 |
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| 281 | 281 | | (15) Adopt and enforce measures to provide for the safe disposal of corpses as may be 15 |
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| 282 | 282 | | reasonable and necessary for emergency response due to a state disaster emergency. Such measures 16 |
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| 283 | 283 | | may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, 17 |
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| 284 | 284 | | transportation, and disposal of corpses; and 18 |
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| 285 | 285 | | (16) Compel a person to submit to a physical examination and/or testing as necessary to 19 |
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| 286 | 286 | | diagnose or treat the person. The medical examination and/or testing may be performed by any 20 |
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| 287 | 287 | | qualified person authorized by the department of health and must not be reasonably likely to result 21 |
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| 288 | 288 | | in serious harm to the affected individual. The medical examination and/or testing shall be 22 |
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| 289 | 289 | | performed immediately upon the order of the department of health without resort to judicial or 23 |
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| 290 | 290 | | quasi-judicial authority. If the department of health is uncertain whether a person who refuses to 24 |
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| 291 | 291 | | undergo medical examination and/or testing may have been exposed to an infectious disease or 25 |
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| 292 | 292 | | otherwise poses a danger to public health, the department of health may subject the individual to 26 |
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| 293 | 293 | | isolation or quarantine pursuant to § 23-8-4. 27 |
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| 294 | 294 | | (f) Nothing contained herein shall be construed to limit or restrict the power of the general 28 |
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| 295 | 295 | | assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35-29 |
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| 296 | 296 | | 4-22.1. 30 |
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| 297 | 297 | | (g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this 31 |
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| 298 | 298 | | section for disaster emergency response shall not exceed a period of one hundred eighty (180) days 32 |
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| 299 | 299 | | from the date of the emergency order or proclamation of a state of disaster emergency, unless and 33 |
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| 300 | 300 | | until the general assembly extends the one hundred eighty (180) day period by concurrent 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001497 - Page 9 of 10 |
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| 304 | 304 | | resolution. 1 |
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| 305 | 305 | | (h) Nothing contained in subsection (g) of this section shall be construed to apply to the 2 |
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| 306 | 306 | | following executive orders issued by the governor that shall remain in effect and may be extended 3 |
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| 307 | 307 | | by further executive order up to, but not beyond, September 1, 2021: 4 |
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| 308 | 308 | | (1) 20-06; 5 |
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| 309 | 309 | | (2) 20-19; 6 |
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| 310 | 310 | | (3) 20-37; 7 |
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| 311 | 311 | | (4) 20-46 as amended by 21-60; 8 |
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| 312 | 312 | | (5) 20-72; 9 |
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| 313 | 313 | | (6) 21-26; 10 |
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| 314 | 314 | | (7) 21-67; and 11 |
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| 315 | 315 | | (8) 21-68, limited to paragraph 8. 12 |
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| 316 | 316 | | (i) Nothing contained within this section shall be construed as authorizing the governor by 13 |
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| 317 | 317 | | executive order or proclamation to require any individual to be vaccinated or to be subject to any 14 |
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| 318 | 318 | | penalty, either civil or criminal, for refusing to be vaccinated. 15 |
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| 319 | 319 | | SECTION 4. Section 34-37-4.3 of the General Laws in Chapter 34-37 entitled "Rhode 16 |
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| 320 | 320 | | Island Fair Housing Practices Act" is hereby amended to read as follows: 17 |
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| 321 | 321 | | 34-37-4.3. Discrimination in granting credit or loans prohibited. 18 |
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| 322 | 322 | | No financial organization governed by the provisions of title 19 or any other credit granting 19 |
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| 323 | 323 | | commercial institution may discriminate in the granting or extension of any form of loan or credit, 20 |
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| 324 | 324 | | or the privilege or capacity to obtain any form of loan or credit, on the basis of the applicant’s sex, 21 |
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| 325 | 325 | | marital status, military status as a veteran with an honorable discharge or an honorable or general 22 |
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| 326 | 326 | | administrative discharge, servicemember in the armed forces, race or color, religion or country of 23 |
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| 327 | 327 | | ancestral origin, disability or age or familial status, sexual orientation, or gender identity or 24 |
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| 328 | 328 | | expression or vaccination history and the form of loan and credit shall not be limited to those 25 |
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| 329 | 329 | | concerned with housing accommodations and the commission shall prevent any violation hereof in 26 |
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| 330 | 330 | | the same manner as it is to prevent unlawful housing practices under the provisions of this chapter. 27 |
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| 331 | 331 | | SECTION 5. This act shall take effect upon passage. 28 |
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| 333 | 333 | | LC001497 |
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| 335 | 335 | | |
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| 336 | 336 | | |
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| 337 | 337 | | LC001497 - Page 10 of 10 |
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| 338 | 338 | | EXPLANATION |
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| 339 | 339 | | BY THE LEGISLATIVE COUNCIL |
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| 340 | 340 | | OF |
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| 341 | 341 | | A N A C T |
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| 342 | 342 | | RELATING TO CRIMINAL OFFENSES -- HOTELS AND PUBLIC PLACES |
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| 343 | 343 | | *** |
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| 344 | 344 | | This act would prohibit discrimination against individuals for refusal to be vaccinated with 1 |
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| 345 | 345 | | the respect to employment, public accommodations and credit. This act would also provide that the 2 |
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| 346 | 346 | | governor has no authority pursuant to an emergency declaration to order mandatory vaccination of 3 |
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| 347 | 347 | | an individual. 4 |
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| 348 | 348 | | This act would take effect upon passage. 5 |
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| 349 | 349 | | ======== |
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| 350 | 350 | | LC001497 |
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