Rhode Island 2025 Regular Session

Rhode Island House Bill H5455 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE CIVIL RIGHTS ACT OF
1616 1990
1717 Introduced By: Representatives Perez, Finkelman, Baginski, Serpa, Phillips, Noret,
1818 DeSimone, Newberry, Nardone, and Hopkins
1919 Date Introduced: February 12, 2025
2020 Referred To: House State Government & Elections
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2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Legislative findings. 1
2525 (1) Anti-Semitism and harassment on the basis of actual or perceived national origin, 2
2626 shared ancestry, or ethnic characteristics with a religious group remains a persistent, pervasive, and 3
2727 disturbing problem in contemporary American society. 4
2828 (2) The Jewish people continue to be a targeted minority in the United States. Data shows 5
2929 that Jews are among the most likely of all religious groups to be victimized by incidents of hate, 6
3030 and such incidents are increasing at an alarming rate. 7
3131 (3) State officials and institutions, including educational institutions, have a responsibility 8
3232 to protect citizens from acts of hate and bigotry motivated by a discriminatory animus, including 9
3333 anti-Semitism, and must be given the tools to do so. 10
3434 (4) Valid monitoring, informed analysis and investigation, and effective policy making all 11
3535 require uniform definitions. 12
3636 (5) While there is no exhaustive definition of anti-Semitism, as it can take many forms, the 13
3737 International Holocaust Remembrance Alliance's (IHRA) working definition has been an essential 14
3838 tool used to determine contemporary manifestations of anti-Semitism and includes useful examples 15
3939 of discriminatory anti-Israel acts that cross the line into anti-Semitism. 16
4040 (6) On May 26, 2016, the member states of the IHRA, including the United States, adopted 17
4141 the non-legally binding working definition of anti-Semitism at its plenary session in Bucharest. 18
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4545 This definition is used by various agencies of the federal government and the other thirty-three (33) 1
4646 governments that are members of the IHRA. The definition has been recommended for use by the 2
4747 European Council and the Secretary General of the Organization of American States, included in 3
4848 policy guides prepared by the Organization for Security and Cooperation in Europe, and formally 4
4949 adopted by a growing number of European nations. 5
5050 (7) Awareness of this conduct-based definition of anti-Semitism, although it is not to be 6
5151 taken as an exclusive definition, will increase understanding of the parameters of contemporary 7
5252 anti-Jewish crime and discrimination in certain circumscribed areas. 8
5353 SECTION 2. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil 9
5454 Rights Act of 1990" is hereby amended to read as follows: 10
5555 42-112-1. Discrimination prohibited. 11
5656 (a) All persons within the state, regardless of race, color, religion, sex, disability, age, or 12
5757 country of ancestral origin, have, except as is otherwise provided or permitted by law, the same 13
5858 rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and 14
5959 personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and 15
6060 proceedings for the security of persons and property, and are subject to like punishment, pains, 16
6161 penalties, taxes, licenses, and exactions of every kind, and to no other. 17
6262 (b) For the purposes of this section, the right to “make and enforce contracts, to inherit, 18
6363 purchase, to lease, sell, hold, and convey real and personal property” includes the making, 19
6464 performance, modification and termination of contracts and rights concerning real or personal 20
6565 property, and the enjoyment of all benefits, terms, and conditions of the contractual and other 21
6666 relationships. 22
6767 (c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, 23
6868 chapter 5.1 of title 28, or any other remedial programs designed to address past societal 24
6969 discrimination. 25
7070 (d) For the purposes of this section, the terms “sex” and “age” have the same meaning as 26
7171 those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” 27
7272 has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons 28
7373 with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” 29
7474 “reasonable modification,” and “undue hardship” shall have the same meaning as those terms are 30
7575 defined in § 42-87-1.1. 31
7676 (e) For purposes of this section, the term “definition of anti-Semitism” shall include: 32
7777 (1) The definition of anti-Semitism adopted on May 26, 2016, by the International 33
7878 Holocaust Remembrance Alliance, which has been adopted by the United States Department of 34
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8282 State; 1
8383 (2) Contemporary examples of anti-Semitism identified by the International Holocaust 2
8484 Remembrance Alliance; and 3
8585 (3) Does not include criticism of Israel similar to that leveled against any other country. 4
8686 (f) Nothing in this section may be construed to: 5
8787 (1) Diminish or infringe upon any rights protected under the First Amendment to the United 6
8888 States Constitution or Article I of the Rhode Island State Constitution; or 7
8989 (2) Conflict with federal or state discrimination laws. 8
9090 (g) In reviewing, investigating, or deciding whether there has been a specific instance of 9
9191 discrimination that violates a state law prohibiting discrimination or is otherwise subject to the 10
9292 authority of the commission, the state, any of its agencies, or local subdivisions of state agencies, 11
9393 shall take into consideration the definition of anti-Semitism for purposes of determining whether 12
9494 the instance of discrimination was motivated by anti-Semitic intent. 13
9595 (h) A discriminatory act includes any harassing conduct that is so severe, pervasive, or 14
9696 persistent so as to interfere with or limit the ability of the victim to participate in or benefit from 15
9797 any service, activity, opportunity, or privilege. 16
9898 SECTION 3. This act shall take effect upon passage. 17
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105105 EXPLANATION
106106 BY THE LEGISLATIVE COUNCIL
107107 OF
108108 A N A C T
109109 RELATING TO STATE AFFAIRS AND GOVERNME NT -- THE CIVIL RIGHTS ACT OF
110110 1990
111111 ***
112112 This act would define “anti-Semitism” for the state human affairs commission to use while 1
113113 investigating and working to resolve complaints of discrimination and for the commission against 2
114114 prejudice and bias to use in defining hate crimes. 3
115115 This act would take effect upon passage. 4
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