Rhode Island 2025 Regular Session

Rhode Island House Bill H6122 Compare Versions

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55 2025 -- H 6122
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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 -- CIVIL RIGHTS OF PEOPLE
1616 WITH DISABILITIES
1717 Introduced By: Representatives McNamara, Kislak, Chippendale, Casimiro, Spears,
1818 Knight, Potter, Carson, McEntee, and Cortvriend
1919 Date Introduced: March 21, 2025
2020 Referred To: House Judiciary
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2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 42-87-2 of the General Laws in Chapter 42-87 entitled "Civil Rights 1
2525 of People with Disabilities" is hereby amended to read as follows: 2
2626 42-87-2. Discrimination prohibited. 3
2727 (a) No otherwise qualified person with a disability shall, solely by reason of the person’s 4
2828 disability, be subject to discrimination by any person or entity doing business in the state; nor shall 5
2929 any otherwise qualified person with a disability be excluded from participation in or denied the 6
3030 benefits of any program, activity, or service of, or, by any person or entity regulated, by the state 7
3131 or having received financial assistance from the state or under any program or activity conducted 8
3232 by the state, its agents, or any entity doing business with the state. 9
3333 (b) Provided, if any provision or provisions of Section 504 of the Rehabilitation Act of 10
3434 1973, prohibiting discrimination based on disability in federally funded programs or activities, 11
3535 codified at 29 U.S.C. § 794, and any implementing regulations relating to prohibiting this 12
3636 discrimination, are determined by the Rhode Island commission for human rights and the 13
3737 governor’s commission on disabilities, to have been repealed or to have been declared invalid or 14
3838 nullified by the final judgment of a federal court applicable to the state or by executive or 15
3939 administrative action, which shall be deemed to include an action of the federal executive or judicial 16
4040 branch that nullifies the effectiveness of 29 U.S.C. § 794 in prohibiting discrimination based on 17
4141 disability in federally funded programs or activities, then the following shall apply: 18
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4545 (1) Discrimination prohibited under this chapter shall continue to include those acts 1
4646 prohibited on the basis of disability by 29 U.S.C. § 794, and any implementing regulations, as those 2
4747 regulations were in effect as of the date immediately prior to date of the repeal, revocation, or 3
4848 nullification. 4
4949 (2) The provisions of this section shall be interpreted broadly and to the fullest extent 5
5050 possible under state and federal law, in order to continue the protections afforded persons with 6
5151 disabilities under this chapter and throughout the general laws of the state. 7
5252 SECTION 2. This act shall take effect upon passage. 8
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5959 EXPLANATION
6060 BY THE LEGISLATIVE COUNCIL
6161 OF
6262 A N A C T
6363 RELATING TO STATE AFFAIRS AND GOVERNMENT -- CIVIL RIGHTS OF PEOPLE
6464 WITH DISABILITIES
6565 ***
6666 This act would provide that in the event any provision of Section 504 of the Rehabilitation 1
6767 Act of 1973, prohibiting discrimination based on disability in federally funded programs or 2
6868 activities, codified at 29 U.S.C. § 794, is repealed or nullified by a federal judicial or executive 3
6969 branch action, the law applied in Rhode Island would be the law in effect on the date immediately 4
7070 prior to the date of the repeal or revocation. 5
7171 This act would take effect upon passage. 6
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