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5 | 5 | | 2025 -- H 5455 |
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6 | 6 | | ======== |
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7 | 7 | | LC001004 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 STATE AFFAIRS AND GOVERNMENT -- THE CIVIL RIGHTS ACT OF |
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16 | 16 | | 1990 |
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17 | 17 | | Introduced By: Representatives Perez, Finkelman, Baginski, Serpa, Phillips, Noret, |
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18 | 18 | | DeSimone, Newberry, Nardone, and Hopkins |
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19 | 19 | | Date Introduced: February 12, 2025 |
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20 | 20 | | Referred To: House State Government & Elections |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Legislative findings. 1 |
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25 | 25 | | (1) Anti-Semitism and harassment on the basis of actual or perceived national origin, 2 |
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26 | 26 | | shared ancestry, or ethnic characteristics with a religious group remains a persistent, pervasive, and 3 |
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27 | 27 | | disturbing problem in contemporary American society. 4 |
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28 | 28 | | (2) The Jewish people continue to be a targeted minority in the United States. Data shows 5 |
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29 | 29 | | that Jews are among the most likely of all religious groups to be victimized by incidents of hate, 6 |
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30 | 30 | | and such incidents are increasing at an alarming rate. 7 |
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31 | 31 | | (3) State officials and institutions, including educational institutions, have a responsibility 8 |
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32 | 32 | | to protect citizens from acts of hate and bigotry motivated by a discriminatory animus, including 9 |
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33 | 33 | | anti-Semitism, and must be given the tools to do so. 10 |
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34 | 34 | | (4) Valid monitoring, informed analysis and investigation, and effective policy making all 11 |
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35 | 35 | | require uniform definitions. 12 |
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36 | 36 | | (5) While there is no exhaustive definition of anti-Semitism, as it can take many forms, the 13 |
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37 | 37 | | International Holocaust Remembrance Alliance's (IHRA) working definition has been an essential 14 |
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38 | 38 | | tool used to determine contemporary manifestations of anti-Semitism and includes useful examples 15 |
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39 | 39 | | of discriminatory anti-Israel acts that cross the line into anti-Semitism. 16 |
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40 | 40 | | (6) On May 26, 2016, the member states of the IHRA, including the United States, adopted 17 |
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41 | 41 | | the non-legally binding working definition of anti-Semitism at its plenary session in Bucharest. 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001004 - Page 2 of 4 |
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45 | 45 | | This definition is used by various agencies of the federal government and the other thirty-three (33) 1 |
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46 | 46 | | governments that are members of the IHRA. The definition has been recommended for use by the 2 |
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47 | 47 | | European Council and the Secretary General of the Organization of American States, included in 3 |
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48 | 48 | | policy guides prepared by the Organization for Security and Cooperation in Europe, and formally 4 |
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49 | 49 | | adopted by a growing number of European nations. 5 |
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50 | 50 | | (7) Awareness of this conduct-based definition of anti-Semitism, although it is not to be 6 |
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51 | 51 | | taken as an exclusive definition, will increase understanding of the parameters of contemporary 7 |
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52 | 52 | | anti-Jewish crime and discrimination in certain circumscribed areas. 8 |
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53 | 53 | | SECTION 2. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil 9 |
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54 | 54 | | Rights Act of 1990" is hereby amended to read as follows: 10 |
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55 | 55 | | 42-112-1. Discrimination prohibited. 11 |
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56 | 56 | | (a) All persons within the state, regardless of race, color, religion, sex, disability, age, or 12 |
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57 | 57 | | country of ancestral origin, have, except as is otherwise provided or permitted by law, the same 13 |
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58 | 58 | | rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and 14 |
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59 | 59 | | personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and 15 |
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60 | 60 | | proceedings for the security of persons and property, and are subject to like punishment, pains, 16 |
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61 | 61 | | penalties, taxes, licenses, and exactions of every kind, and to no other. 17 |
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62 | 62 | | (b) For the purposes of this section, the right to “make and enforce contracts, to inherit, 18 |
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63 | 63 | | purchase, to lease, sell, hold, and convey real and personal property” includes the making, 19 |
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64 | 64 | | performance, modification and termination of contracts and rights concerning real or personal 20 |
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65 | 65 | | property, and the enjoyment of all benefits, terms, and conditions of the contractual and other 21 |
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66 | 66 | | relationships. 22 |
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67 | 67 | | (c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, 23 |
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68 | 68 | | chapter 5.1 of title 28, or any other remedial programs designed to address past societal 24 |
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69 | 69 | | discrimination. 25 |
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70 | 70 | | (d) For the purposes of this section, the terms “sex” and “age” have the same meaning as 26 |
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71 | 71 | | those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” 27 |
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72 | 72 | | has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons 28 |
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73 | 73 | | with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” 29 |
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74 | 74 | | “reasonable modification,” and “undue hardship” shall have the same meaning as those terms are 30 |
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75 | 75 | | defined in § 42-87-1.1. 31 |
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76 | 76 | | (e) For purposes of this section, the term “definition of anti-Semitism” shall include: 32 |
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77 | 77 | | (1) The definition of anti-Semitism adopted on May 26, 2016, by the International 33 |
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78 | 78 | | Holocaust Remembrance Alliance, which has been adopted by the United States Department of 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001004 - Page 3 of 4 |
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82 | 82 | | State; 1 |
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83 | 83 | | (2) Contemporary examples of anti-Semitism identified by the International Holocaust 2 |
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84 | 84 | | Remembrance Alliance; and 3 |
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85 | 85 | | (3) Does not include criticism of Israel similar to that leveled against any other country. 4 |
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86 | 86 | | (f) Nothing in this section may be construed to: 5 |
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87 | 87 | | (1) Diminish or infringe upon any rights protected under the First Amendment to the United 6 |
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88 | 88 | | States Constitution or Article I of the Rhode Island State Constitution; or 7 |
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89 | 89 | | (2) Conflict with federal or state discrimination laws. 8 |
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90 | 90 | | (g) In reviewing, investigating, or deciding whether there has been a specific instance of 9 |
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91 | 91 | | discrimination that violates a state law prohibiting discrimination or is otherwise subject to the 10 |
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92 | 92 | | authority of the commission, the state, any of its agencies, or local subdivisions of state agencies, 11 |
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93 | 93 | | shall take into consideration the definition of anti-Semitism for purposes of determining whether 12 |
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94 | 94 | | the instance of discrimination was motivated by anti-Semitic intent. 13 |
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95 | 95 | | (h) A discriminatory act includes any harassing conduct that is so severe, pervasive, or 14 |
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96 | 96 | | persistent so as to interfere with or limit the ability of the victim to participate in or benefit from 15 |
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97 | 97 | | any service, activity, opportunity, or privilege. 16 |
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98 | 98 | | SECTION 3. This act shall take effect upon passage. 17 |
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99 | 99 | | ======== |
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100 | 100 | | LC001004 |
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102 | 102 | | |
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103 | 103 | | |
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104 | 104 | | LC001004 - Page 4 of 4 |
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105 | 105 | | EXPLANATION |
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106 | 106 | | BY THE LEGISLATIVE COUNCIL |
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107 | 107 | | OF |
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108 | 108 | | A N A C T |
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109 | 109 | | RELATING TO STATE AFFAIRS AND GOVERNME NT -- THE CIVIL RIGHTS ACT OF |
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110 | 110 | | 1990 |
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111 | 111 | | *** |
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112 | 112 | | This act would define “anti-Semitism” for the state human affairs commission to use while 1 |
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113 | 113 | | investigating and working to resolve complaints of discrimination and for the commission against 2 |
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114 | 114 | | prejudice and bias to use in defining hate crimes. 3 |
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115 | 115 | | This act would take effect upon passage. 4 |
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116 | 116 | | ======== |
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117 | 117 | | LC001004 |
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