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5 | 5 | | 2025 -- H 6122 |
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6 | 6 | | ======== |
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7 | 7 | | LC002429 |
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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 -- CIVIL RIGHTS OF PEOPLE |
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16 | 16 | | WITH DISABILITIES |
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17 | 17 | | Introduced By: Representatives McNamara, Kislak, Chippendale, Casimiro, Spears, |
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18 | 18 | | Knight, Potter, Carson, McEntee, and Cortvriend |
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19 | 19 | | Date Introduced: March 21, 2025 |
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20 | 20 | | Referred To: House Judiciary |
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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. Section 42-87-2 of the General Laws in Chapter 42-87 entitled "Civil Rights 1 |
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25 | 25 | | of People with Disabilities" is hereby amended to read as follows: 2 |
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26 | 26 | | 42-87-2. Discrimination prohibited. 3 |
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27 | 27 | | (a) No otherwise qualified person with a disability shall, solely by reason of the person’s 4 |
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28 | 28 | | disability, be subject to discrimination by any person or entity doing business in the state; nor shall 5 |
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29 | 29 | | any otherwise qualified person with a disability be excluded from participation in or denied the 6 |
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30 | 30 | | benefits of any program, activity, or service of, or, by any person or entity regulated, by the state 7 |
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31 | 31 | | or having received financial assistance from the state or under any program or activity conducted 8 |
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32 | 32 | | by the state, its agents, or any entity doing business with the state. 9 |
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33 | 33 | | (b) Provided, if any provision or provisions of Section 504 of the Rehabilitation Act of 10 |
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34 | 34 | | 1973, prohibiting discrimination based on disability in federally funded programs or activities, 11 |
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35 | 35 | | codified at 29 U.S.C. § 794, and any implementing regulations relating to prohibiting this 12 |
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36 | 36 | | discrimination, are determined by the Rhode Island commission for human rights and the 13 |
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37 | 37 | | governor’s commission on disabilities, to have been repealed or to have been declared invalid or 14 |
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38 | 38 | | nullified by the final judgment of a federal court applicable to the state or by executive or 15 |
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39 | 39 | | administrative action, which shall be deemed to include an action of the federal executive or judicial 16 |
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40 | 40 | | branch that nullifies the effectiveness of 29 U.S.C. § 794 in prohibiting discrimination based on 17 |
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41 | 41 | | disability in federally funded programs or activities, then the following shall apply: 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC002429 - Page 2 of 3 |
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45 | 45 | | (1) Discrimination prohibited under this chapter shall continue to include those acts 1 |
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46 | 46 | | prohibited on the basis of disability by 29 U.S.C. § 794, and any implementing regulations, as those 2 |
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47 | 47 | | regulations were in effect as of the date immediately prior to date of the repeal, revocation, or 3 |
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48 | 48 | | nullification. 4 |
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49 | 49 | | (2) The provisions of this section shall be interpreted broadly and to the fullest extent 5 |
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50 | 50 | | possible under state and federal law, in order to continue the protections afforded persons with 6 |
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51 | 51 | | disabilities under this chapter and throughout the general laws of the state. 7 |
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52 | 52 | | SECTION 2. This act shall take effect upon passage. 8 |
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53 | 53 | | ======== |
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54 | 54 | | LC002429 |
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55 | 55 | | ======== |
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57 | 57 | | |
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58 | 58 | | LC002429 - Page 3 of 3 |
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59 | 59 | | EXPLANATION |
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60 | 60 | | BY THE LEGISLATIVE COUNCIL |
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61 | 61 | | OF |
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62 | 62 | | A N A C T |
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63 | 63 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- CIVIL RIGHTS OF PEOPLE |
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64 | 64 | | WITH DISABILITIES |
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65 | 65 | | *** |
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66 | 66 | | This act would provide that in the event any provision of Section 504 of the Rehabilitation 1 |
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67 | 67 | | Act of 1973, prohibiting discrimination based on disability in federally funded programs or 2 |
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68 | 68 | | activities, codified at 29 U.S.C. § 794, is repealed or nullified by a federal judicial or executive 3 |
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69 | 69 | | branch action, the law applied in Rhode Island would be the law in effect on the date immediately 4 |
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70 | 70 | | prior to the date of the repeal or revocation. 5 |
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71 | 71 | | This act would take effect upon passage. 6 |
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72 | 72 | | ======== |
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73 | 73 | | LC002429 |
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74 | 74 | | ======== |
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