Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0297 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0297
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7	7	LC001515
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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 COMMERCI AL LAW--GENERAL REGULATORY PROVISION S --
16	16	CONSUMER PROTECTION FROM MANDATED INDEMN IFIED (LIABILITY-FREE)
17	17	PRODUCTS ACT
18	18	Introduced By: Senators E Morgan, Rogers, de la Cruz, DeLuca, Paolino, Raptakis, and
19	19	F. Lombardi
20	20	Date Introduced: February 16, 2023
21	21	Referred To: Senate Health & Human Services
22	22
23	23
24	24	It is enacted by the General Assembly as follows:
25	25	SECTION 1. Title 6 of General Laws entitled "Commercial Law – General Regulatory 1
26	26	Provisions" is hereby amended by adding thereto the following chapter: 2
27	27	CHAPTER 13.4 3
28	28	CONSUMER PROTECTION FROM INDEMNIFIED (LIABILITY -FREE) PRODUCTS ACT 4
29	29	6-13.4-1. Short title. 5
30	30	This chapter shall be known and may be cited as the "Consumer Protection from 6
31	31	Indemnified (Liability-Free) Products Act". 7
32	32	6-13.4-2. Definitions. 8
33	33	As used in this chapter, the following terms shall have the following meaning, unless the 9
34	34	context requires otherwise: 10
35	35	(1) "Consumer" means an individual who enters into a transaction primarily for personal, 11
36	36	family, or household purposes. 12
37	37	(2) "Educational institution" means an institution of learning not operated for profit that is 13
38	38	empowered to confer diplomas, educational, literary, or academic degrees; that has a regular 14
39	39	faculty, curriculum, and organized body of pupils or students in attendance throughout the usual 15
40	40	school year; that keeps and furnishes to students and others records required and accepted for 16
41	41	entrance to schools of secondary, collegiate, or graduate rank. 17
42	42	(3) "Employer" means the state and all political subdivisions of the state and any person in 18
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46	46	this state employing four (4) or more individuals, and any person acting in the interest of an 1
47	47	employer directly or indirectly. 2
48	48	(4) "Employment" means an individual's entire service, if the service is localized in the 3
49	49	state. Service is deemed to be localized in the state if: 4
50	50	(i) The service is performed entirely within the state; or 5
51	51	(ii) The service is performed both within and without the state; however, the service 6
52	52	performed without the state is incidental to the individual's service within the state; 7
53	53	(iii)(A) Employment shall include an individual's service, performed within and without 8
54	54	the state, if the service is not localized in any state; however, some of the service is performed in 9
55	55	the state; and 10
56	56	(B) The individual's base of operation is in the state; or 11
57	57	(C) If there is no base of operations, then the place for which the service is directed or 12
58	58	controlled is in the state; or 13
59	59	(D) The individual's base of operations or place from which the service is directed or 14
60	60	controlled is not in any state in which some part of the service is performed; however, the 15
61	61	individual's residence is in the state. 16
62	62	(iv) In the event that any employee is denied or fails to receive wage, benefits, or wage 17
63	63	supplements as a result of a violation of this chapter, the employee shall have available civil and 18
64	64	other remedies available at law or equity. The department of labor and training may take any and 19
65	65	all appropriate actions to enforce the provisions of this chapter, including, but not limited to, 20
66	66	injunctions, cease and desist orders, and other penalties provided by law. 21
67	67	(v) Recovery pursuant to a violation of this chapter shall be applicable to secure recovery 22
68	68	against the merged, consolidated, or resulting corporation or other successor employer, 23
69	69	notwithstanding anything contained in this chapter or elsewhere to the contrary. 24
70	70	(vi) This section is enacted in order to protect the employment interests of all persons 25
71	71	engaged in employment in the state under existing labor contracts and shall be liberally construed 26
72	72	in every case in order to achieve that purpose. 27
73	73	(5) "Government agencies" means any department, division, office, bureau, board, 28
74	74	commission, authority, nonprofit community organization, or any other agency or instrumentality 29
75	75	created by any municipality or by the state, or to which the state is a party, which is responsible for 30
76	76	the regulation, inspection, visitation, or supervision of facilities or which provides services to 31
77	77	residents of facilities. 32
78	78	(6) "Employment opportunity" means an opportunity to be employed. 33
79	79	(7) "Guardian" means a person appointed or qualified by a court as a guardian of an 34
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83	83	individual, including a limited guardian, excluding a person who is only a guardian ad litem. 1
84	84	(8) "Harassment" or "harassing" means following a knowing and willful course of conduct 2
85	85	directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and 3
86	86	which serves no legitimate purpose. The course of conduct must be such as would cause a 4
87	87	reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. 5
88	88	(9) "Loss of employment" means a person who is no longer employed. 6
89	89	(10) "Mandate" means to officially require something or to direct or require something. 7
90	90	(11) "Opt out" means to decline or defer. 8
91	91	(12) "Private or public education" means the academic program pursued by the person in 9
92	92	obtaining the bachelor's, master's, or doctorate degree, and that the programs include formal course 10
93	93	work, seminars, and practice. 11
94	94	(13) "Promotion" means employees who have been found qualified through suitable tests 12
95	95	for promotion to positions in other classes under the provisions of chapter 4 of title 36 and the rules 13
96	96	pertaining thereto. 14
97	97	(14) "Recommendation" means representation in favor of a person or thing. 15
98	98	(15) "Requirement" means something that is needed or wanted, compulsory or a necessary 16
99	99	condition. 17
100	100	6-13.4-3. Prohibition of government agencies, employers and educational institutions 18
101	101	making recommendations to consumers to accept indemnified products. 19
102	102	(a) Government agencies, employers, private businesses or educational institutions are 20
103	103	prohibited from mandating liability-free products which would result in a consumer's: 21
104	104	(1) Loss of employment, employment opportunity or promotion; or 22
105	105	(2) Losing the ability to receive a public or private education. 23
106	106	(b) A consumer or guardian of a consumer shall have the right to decline an indemnified 24
107	107	product which an employer, government agency, private business or educational institution is 25
108	108	recommending to the consumer without incurring harassment, loss of employment, loss of an 26
109	109	employment opportunity, promotion, or the ability to receive a private or public education. 27
110	110	6-13.4-4. Enforcement. 28
111	111	The Rhode Island consumer protection unit under the office of the attorney general shall 29
112	112	pursue a case of this nature if loss of or a threat of loss of employment, promotion, employment 30
113	113	opportunity or the loss of the ability to receive a public or private education or harassment occurs 31
114	114	due to a consumer or guardian of a consumer declining an indemnified product which an employer 32
115	115	or government agency has recommended. 33
116	116	6-13.4-5. Public policy. 34
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120	120	Any provision of a contract or agreement of any kind that purports to waive or limit in any 1
121	121	way a consumer's rights under this chapter, including, but not limited to, any right to a remedy or 2
122	122	means of enforcement, shall be deemed contrary to public policy and shall be voided and 3
123	123	unenforceable. This section shall not prevent a consumer or the guardian of a consumer to decline 4
124	124	an indemnified product that is recommended by an employer, government agency or educational 5
125	125	institution. 6
126	126	6-13.4-6. Consumer opt out of indemnified products. 7
127	127	A consumer or guardian of a consumer shall be able to opt out from recommended 8
128	128	indemnified products by submitting in writing that they are opting out and shall not be required to 9
129	129	provide specific reasoning for opting out. 10
130	130	SECTION 2. This act shall take effect upon passage. 11
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137	137	EXPLANATION
138	138	BY THE LEGISLATIVE COUNCIL
139	139	OF
140	140	A N A C T
141	141	RELATING TO COMMERCI AL LAW--GENERAL REGULATORY PROVISIONS --
142	142	CONSUMER PROTECTION FROM MANDATED INDEMN IFIED (LIABILITY-FREE)
143	143	PRODUCTS ACT
144	144	***
145	145	This act prohibits mandating indemnified products to consumers which would result in loss 1
146	146	of employment, loss of employment opportunity, loss of promotion, loss of the ability to receive a 2
147	147	private or public education, or coercion or harassment if a consumer declines an indemnified 3
148	148	product. 4
149	149	This act would take effect upon passage. 5
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151	151	LC001515
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