| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- H 6065 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC001936 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S TATE OF RHODE IS LAND |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT |
|---|
| 16 | 16 | | Introduced By: Representatives Roberts, Chippendale, Nardone, Rea, and Quattrocchi |
|---|
| 17 | 17 | | Date Introduced: March 03, 2023 |
|---|
| 18 | 18 | | Referred To: House Judiciary |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | It is enacted by the General Assembly as follows: |
|---|
| 22 | 22 | | SECTION 1. Chapter 30-15 of the General Laws entitled "Emergency Management" is 1 |
|---|
| 23 | 23 | | hereby amended by adding thereto the following section: 2 |
|---|
| 24 | 24 | | 30-15-7.1. Limitations to governor's general powers. 3 |
|---|
| 25 | 25 | | (a) Notwithstanding any of the powers or responsibilities bestowed upon the governor 4 |
|---|
| 26 | 26 | | pursuant to §§ 30-15-17 and 30-15-9, the governor's authority regarding declaration or 5 |
|---|
| 27 | 27 | | proclamation of emergency shall be limited as follows: 6 |
|---|
| 28 | 28 | | (1) Any action taken or ordered by the governor regarding the declaration or proclamation 7 |
|---|
| 29 | 29 | | of emergency shall be in conformance with the Rhode Island Constitution. 8 |
|---|
| 30 | 30 | | (2)(i) Any declaration or proclamation of emergency by the governor shall terminate sixty 9 |
|---|
| 31 | 31 | | (60) days after the date on which it was proclaimed unless the general assembly, when in session, 10 |
|---|
| 32 | 32 | | extends the emergency by a joint resolution of a majority of the house and senate members. 11 |
|---|
| 33 | 33 | | (ii) If the general assembly is not in session at the time of the expiration of the declaration 12 |
|---|
| 34 | 34 | | or proclamation of emergency by the governor, then both the president of the senate and the speaker 13 |
|---|
| 35 | 35 | | of the house of representatives may extend the emergency by signing joint proclamations which 14 |
|---|
| 36 | 36 | | shall not exceed sixty (60) days. 15 |
|---|
| 37 | 37 | | (b) The governor shall not issue any declaration or proclamation of emergency that would 16 |
|---|
| 38 | 38 | | result in the elimination of a religious exemption as set forth in § 42-80.1-3. 17 |
|---|
| 39 | 39 | | (c) The governor shall not issue any declaration or proclamation of emergency that would 18 |
|---|
| 40 | 40 | | eliminate a religious exemption regarding a requirement that an individual submit to a flu shot, 19 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC001936 - Page 2 of 7 |
|---|
| 44 | 44 | | injection or other inoculation which has not been proven by scientific data over a minimum of five 1 |
|---|
| 45 | 45 | | (5) years evidencing that the flu shot, injection or other inoculation prevents or eliminates, not 2 |
|---|
| 46 | 46 | | merely reduces the contraction and spreading of the virus or disease. 3 |
|---|
| 47 | 47 | | SECTION 2. Sections 42-80.1-3 and 42-80.1-4 of the General Laws in Chapter 42-80.1 4 |
|---|
| 48 | 48 | | entitled "Religious Freedom Restoration Act" are hereby amended to read as follows: 5 |
|---|
| 49 | 49 | | 42-80.1-3. Religious freedom protected. 6 |
|---|
| 50 | 50 | | (a) Except as provided for in subsection (b), a governmental authority may not restrict a 7 |
|---|
| 51 | 51 | | person’s free exercise of religion. 8 |
|---|
| 52 | 52 | | (b) A governmental authority may restrict a person’s free exercise of religion only if: 9 |
|---|
| 53 | 53 | | (1) The restriction is in the form of a rule of general applicability, and does not intentionally 10 |
|---|
| 54 | 54 | | discriminate against religion, or among religions; and 11 |
|---|
| 55 | 55 | | (2) The governmental authority proves that application of the restriction to the person is 12 |
|---|
| 56 | 56 | | essential to further a compelling governmental interest, and is the least restrictive means of 13 |
|---|
| 57 | 57 | | furthering that compelling governmental interest; 14 |
|---|
| 58 | 58 | | (3) For the purpose of this section, the elimination of all religious exemptions is 15 |
|---|
| 59 | 59 | | discriminatory and a prohibited restriction; and 16 |
|---|
| 60 | 60 | | (4) For the purpose of this section, the approval of a religious exemption request shall be 17 |
|---|
| 61 | 61 | | liberally granted, and those charged with the exercise or enforcement are directed to act with strict 18 |
|---|
| 62 | 62 | | regard to the constitutionality protected religious rights of the people. 19 |
|---|
| 63 | 63 | | 42-80.1-4. Remedies. 20 |
|---|
| 64 | 64 | | In any civil action alleging a violation of this chapter, the court may shall: 21 |
|---|
| 65 | 65 | | (1) Afford injunctive and declaratory relief against any governmental authority which 22 |
|---|
| 66 | 66 | | commits a and/or proposes to commit a violation of this chapter, and; 23 |
|---|
| 67 | 67 | | (2) Award a prevailing plaintiff damages, including, but not limited to, lost wages, filing 24 |
|---|
| 68 | 68 | | fees, costs and reasonable attorneys' fees. 25 |
|---|
| 69 | 69 | | SECTION 3. Sections 28-5-2, 28-5-4 and 28-5-7 of the General Laws in Chapter 28-5 26 |
|---|
| 70 | 70 | | entitled "Fair Employment Practices" are hereby amended to read as follows: 27 |
|---|
| 71 | 71 | | 28-5-2. Legislative findings. 28 |
|---|
| 72 | 72 | | (a) The practice or policy of discrimination against individuals because of their race or 29 |
|---|
| 73 | 73 | | color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 30 |
|---|
| 74 | 74 | | ancestral origin is a matter of state concern. Such discrimination foments domestic strife and unrest; 31 |
|---|
| 75 | 75 | | threatens the rights and privileges of the inhabitants of the state; and undermines the foundations 32 |
|---|
| 76 | 76 | | of a free democratic state. The denial of equal employment opportunities because of such 33 |
|---|
| 77 | 77 | | discrimination and the consequent failure to utilize the productive capacities of individuals to their 34 |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | LC001936 - Page 3 of 7 |
|---|
| 81 | 81 | | fullest extent deprive large segments of the population of the state of earnings necessary to maintain 1 |
|---|
| 82 | 82 | | decent standards of living, necessitates their resort to public relief, and intensifies group conflicts, 2 |
|---|
| 83 | 83 | | thereby resulting in grave injury to the public safety, health, and welfare. 3 |
|---|
| 84 | 84 | | (b) The elimination of a religious exemption for any flu shot, injection or other inoculation, 4 |
|---|
| 85 | 85 | | which has not been proven by scientific data over a minimum of five (5) years evidencing that the 5 |
|---|
| 86 | 86 | | flu shot, injection or other inoculation prevents or eliminates, not merely reduces, the contraction 6 |
|---|
| 87 | 87 | | and spreading of the virus or disease, is a violation of this chapter. 7 |
|---|
| 88 | 88 | | 28-5-4. Exercise of police power. 8 |
|---|
| 89 | 89 | | This chapter shall be deemed an exercise of the police power of the state for the protection 9 |
|---|
| 90 | 90 | | of the public welfare, prosperity, health, and peace of the people of the state; provided, the powers 10 |
|---|
| 91 | 91 | | are exercised in strict compliance with the Rhode Island Constitution. 11 |
|---|
| 92 | 92 | | 28-5-7. Unlawful employment practices. 12 |
|---|
| 93 | 93 | | It shall be an unlawful employment practice: 13 |
|---|
| 94 | 94 | | (1) For any employer: 14 |
|---|
| 95 | 95 | | (i) To refuse to hire any applicant for employment because of his or her race or color, 15 |
|---|
| 96 | 96 | | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 16 |
|---|
| 97 | 97 | | ancestral origin; 17 |
|---|
| 98 | 98 | | (ii) Because of those reasons, to discharge an employee or discriminate against him or her 18 |
|---|
| 99 | 99 | | with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any 19 |
|---|
| 100 | 100 | | other matter directly or indirectly related to employment. However, if an insurer or employer 20 |
|---|
| 101 | 101 | | extends insurance-related benefits to persons other than or in addition to the named employee, 21 |
|---|
| 102 | 102 | | nothing in this subdivision shall require those benefits to be offered to unmarried partners of named 22 |
|---|
| 103 | 103 | | employees; 23 |
|---|
| 104 | 104 | | (iii) In the recruiting of individuals for employment or in hiring them, to utilize any 24 |
|---|
| 105 | 105 | | employment agency, placement service, training school or center, labor organization, or any other 25 |
|---|
| 106 | 106 | | employee referring source that the employer knows, or has reasonable cause to know, discriminates 26 |
|---|
| 107 | 107 | | against individuals because of their race or color, religion, sex, sexual orientation, gender identity 27 |
|---|
| 108 | 108 | | or expression, disability, age, or country of ancestral origin; 28 |
|---|
| 109 | 109 | | (iv) To refuse to reasonably accommodate an employee’s or prospective employee’s 29 |
|---|
| 110 | 110 | | disability unless the employer can demonstrate that the accommodation would pose a hardship on 30 |
|---|
| 111 | 111 | | the employer’s program, enterprise, or business; or 31 |
|---|
| 112 | 112 | | (v) When an employee has presented to the employer an internal complaint alleging 32 |
|---|
| 113 | 113 | | harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual 33 |
|---|
| 114 | 114 | | orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a 34 |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | LC001936 - Page 4 of 7 |
|---|
| 118 | 118 | | timely manner in writing to that employee the disposition of the complaint, including a description 1 |
|---|
| 119 | 119 | | of any action taken in resolution of the complaint; provided, however, no other personnel 2 |
|---|
| 120 | 120 | | information shall be disclosed to the complainant; 3 |
|---|
| 121 | 121 | | (2)(i) For any employment agency to fail or refuse to properly classify or refer for 4 |
|---|
| 122 | 122 | | employment or otherwise discriminate against any individual because of his or her race or color, 5 |
|---|
| 123 | 123 | | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 6 |
|---|
| 124 | 124 | | ancestral origin; or 7 |
|---|
| 125 | 125 | | (ii) For any employment agency, placement service, training school or center, labor 8 |
|---|
| 126 | 126 | | organization, or any other employee referring source to comply with an employer’s request for the 9 |
|---|
| 127 | 127 | | referral of job applicants if the request indicates, either directly or indirectly, that the employer will 10 |
|---|
| 128 | 128 | | not afford full and equal employment opportunities to individuals regardless of their race or color, 11 |
|---|
| 129 | 129 | | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 12 |
|---|
| 130 | 130 | | ancestral origin; 13 |
|---|
| 131 | 131 | | (3) For any labor organization: 14 |
|---|
| 132 | 132 | | (i) To deny full and equal membership rights to any applicant for membership because of 15 |
|---|
| 133 | 133 | | his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, 16 |
|---|
| 134 | 134 | | age, or country of ancestral origin; 17 |
|---|
| 135 | 135 | | (ii) Because of those reasons, to deny a member full and equal membership rights, expel 18 |
|---|
| 136 | 136 | | him or her from membership, or otherwise discriminate in any manner against him or her with 19 |
|---|
| 137 | 137 | | respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or 20 |
|---|
| 138 | 138 | | any other matter directly or indirectly related to membership or employment, whether or not 21 |
|---|
| 139 | 139 | | authorized or required by the constitution or bylaws of the labor organization or by a collective 22 |
|---|
| 140 | 140 | | labor agreement or other contract; 23 |
|---|
| 141 | 141 | | (iii) To fail or refuse to classify properly or refer for employment, or otherwise to 24 |
|---|
| 142 | 142 | | discriminate against any member because of his or her race or color, religion, sex, sexual 25 |
|---|
| 143 | 143 | | orientation, gender identity or expression, disability, age, or country of ancestral origin; or 26 |
|---|
| 144 | 144 | | (iv) To refuse to reasonably accommodate a member’s or prospective member’s disability 27 |
|---|
| 145 | 145 | | unless the labor organization can demonstrate that the accommodation would pose a hardship on 28 |
|---|
| 146 | 146 | | the labor organization’s program, enterprise, or business; 29 |
|---|
| 147 | 147 | | (4) Except where based on a bona fide occupational qualification certified by the 30 |
|---|
| 148 | 148 | | commission or where necessary to comply with any federal mandated affirmative action programs, 31 |
|---|
| 149 | 149 | | for any employer or employment agency, labor organization, placement service, training school or 32 |
|---|
| 150 | 150 | | center, or any other employee referring source, prior to employment or admission to membership 33 |
|---|
| 151 | 151 | | of any individual, to: 34 |
|---|
| 152 | 152 | | |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | LC001936 - Page 5 of 7 |
|---|
| 155 | 155 | | (i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to his or her 1 |
|---|
| 156 | 156 | | race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or 2 |
|---|
| 157 | 157 | | country of ancestral origin; 3 |
|---|
| 158 | 158 | | (ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, 4 |
|---|
| 159 | 159 | | gender identity or expression, disability, age, or country of ancestral origin; 5 |
|---|
| 160 | 160 | | (iii) Use any form of application for employment, or personnel or membership blank 6 |
|---|
| 161 | 161 | | containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual 7 |
|---|
| 162 | 162 | | orientation, gender identity or expression, disability, age, or country of ancestral origin; 8 |
|---|
| 163 | 163 | | (iv) Print or publish, or cause to be printed or published, any notice or advertisement 9 |
|---|
| 164 | 164 | | relating to employment or membership indicating any preference, limitation, specification, or 10 |
|---|
| 165 | 165 | | discrimination based upon race or color, religion, sex, sexual orientation, gender identity or 11 |
|---|
| 166 | 166 | | expression, disability, age, or country of ancestral origin; or 12 |
|---|
| 167 | 167 | | (v) Establish, announce, or follow a policy of denying or limiting, through a quota system 13 |
|---|
| 168 | 168 | | or otherwise, employment or membership opportunities of any group because of the race or color, 14 |
|---|
| 169 | 169 | | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 15 |
|---|
| 170 | 170 | | ancestral origin of that group; 16 |
|---|
| 171 | 171 | | (5) For any employer or employment agency, labor organization, placement service, 17 |
|---|
| 172 | 172 | | training school or center, or any other employee referring source to discriminate in any manner 18 |
|---|
| 173 | 173 | | against any individual because he or she has opposed any practice forbidden by this chapter, or 19 |
|---|
| 174 | 174 | | because he or she has made a charge, testified, or assisted in any manner in any investigation, 20 |
|---|
| 175 | 175 | | proceeding, or hearing under this chapter; 21 |
|---|
| 176 | 176 | | (6) For any person, whether or not an employer, employment agency, labor organization, 22 |
|---|
| 177 | 177 | | or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to 23 |
|---|
| 178 | 178 | | be an unlawful employment practice, or to obstruct or prevent any person from complying with the 24 |
|---|
| 179 | 179 | | provisions of this chapter or any order issued pursuant to this chapter, or to attempt directly or 25 |
|---|
| 180 | 180 | | indirectly to commit any act declared by this section to be an unlawful employment practice; 26 |
|---|
| 181 | 181 | | (7) For any employer to include on any application for employment, except applications 27 |
|---|
| 182 | 182 | | for law enforcement agency positions or positions related to law enforcement agencies, a question 28 |
|---|
| 183 | 183 | | inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been 29 |
|---|
| 184 | 184 | | arrested, charged with or convicted of any crime; provided, that: 30 |
|---|
| 185 | 185 | | (i) If a federal or state law or regulation creates a mandatory or presumptive disqualification 31 |
|---|
| 186 | 186 | | from employment based on a person’s conviction of one or more specified criminal offenses, an 32 |
|---|
| 187 | 187 | | employer may include a question or otherwise inquire whether the applicant has ever been 33 |
|---|
| 188 | 188 | | convicted of any of those offenses; or 34 |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | LC001936 - Page 6 of 7 |
|---|
| 192 | 192 | | (ii) If a standard fidelity bond or an equivalent bond is required for the position for which 1 |
|---|
| 193 | 193 | | the applicant is seeking employment and his or her conviction of one or more specified criminal 2 |
|---|
| 194 | 194 | | offenses would disqualify the applicant from obtaining such a bond, an employer may include a 3 |
|---|
| 195 | 195 | | question or otherwise inquire whether the applicant has ever been convicted of any of those 4 |
|---|
| 196 | 196 | | offenses; and 5 |
|---|
| 197 | 197 | | (iii) Notwithstanding, any employer may ask an applicant for information about his or her 6 |
|---|
| 198 | 198 | | criminal convictions at the first interview or thereafter, in accordance with all applicable state and 7 |
|---|
| 199 | 199 | | federal laws; 8 |
|---|
| 200 | 200 | | (8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment 9 |
|---|
| 201 | 201 | | or by making contributions to a fringe benefit fund or insurance program, benefits in violation with 10 |
|---|
| 202 | 202 | | §§ 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 11 |
|---|
| 203 | 203 | | there is an applicable collective bargaining agreement in effect on June 7, 1988, until the 12 |
|---|
| 204 | 204 | | termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-13 |
|---|
| 205 | 205 | | 38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either 14 |
|---|
| 206 | 206 | | directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance 15 |
|---|
| 207 | 207 | | program. 16 |
|---|
| 208 | 208 | | (ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers 17 |
|---|
| 209 | 209 | | and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-18 |
|---|
| 210 | 210 | | 5-38 may be made by employers and employees in the same proportion. 19 |
|---|
| 211 | 211 | | (iii) Nothing in this section shall prevent the readjustment of benefits or compensation for 20 |
|---|
| 212 | 212 | | reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38.; and 21 |
|---|
| 213 | 213 | | (9) That for the purpose of this section, the elimination of all religious exemptions is 22 |
|---|
| 214 | 214 | | discriminatory and a prohibited and unlawful employment practice. 23 |
|---|
| 215 | 215 | | SECTION 4. This act shall take effect upon passage. 24 |
|---|
| 216 | 216 | | ======== |
|---|
| 217 | 217 | | LC001936 |
|---|
| 218 | 218 | | ======== |
|---|
| 219 | 219 | | |
|---|
| 220 | 220 | | |
|---|
| 221 | 221 | | LC001936 - Page 7 of 7 |
|---|
| 222 | 222 | | EXPLANATION |
|---|
| 223 | 223 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 224 | 224 | | OF |
|---|
| 225 | 225 | | A N A C T |
|---|
| 226 | 226 | | RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT |
|---|
| 227 | 227 | | *** |
|---|
| 228 | 228 | | This act would limit the duration of the governor's declaration or proclamation of 1 |
|---|
| 229 | 229 | | emergency to sixty (60) days unless extended by the general assembly and prohibit the elimination 2 |
|---|
| 230 | 230 | | of any religious exemption to submit to mandatory health injections or inoculations. This act would 3 |
|---|
| 231 | 231 | | also expand religious freedom in the State of Rhode Island by declaring that elimination of all 4 |
|---|
| 232 | 232 | | religious exemptions is discriminatory and a prohibited restriction and an unlawful employment 5 |
|---|
| 233 | 233 | | practice. 6 |
|---|
| 234 | 234 | | This act would take effect upon passage. 7 |
|---|
| 235 | 235 | | ======== |
|---|
| 236 | 236 | | LC001936 |
|---|
| 237 | 237 | | ======== |
|---|