2020 -- S 2290 | |
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LC004103 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - GOVERNOR'S COMMISSION | |
ON DISABILITIES | |
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Introduced By: Senator Walter S. Felag | |
Date Introduced: February 04, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 42-51 of the General Laws entitled "Governor's Commission on |
2 | Disabilities" is hereby amended by adding thereto the following section: |
3 | 42-51-13. Appropriate disability language. |
4 | The commission shall, by February 1, 2021, file a report with the general assembly |
5 | proposing amendments to those sections of the general laws that do not use appropriate disability |
6 | language regarding substance use disorders. The report shall be prepared after consultation with |
7 | the: |
8 | (1) American Civil Liberties Union of Rhode Island; |
9 | (2) Department of attorney general; |
10 | (3) Department of behavioral healthcare, developmental disabilities, and hospitals |
11 | (BHDDH); |
12 | (4) Disability Rights Rhode Island; |
13 | (5) Drug court magistrate; |
14 | (6) Governor's council of behavioral health; |
15 | (7) National Alliance on Mental Illness (NAMI) of Rhode Island; |
16 | (8) Office of the health insurance commissioner; |
17 | (9) Office of the mental health advocate; |
18 | (10) Office of the Rhode Island public defender; |
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1 | (11) Substance Use and Mental Health Leadership Council of Rhode Island; |
2 | (12) Mental Health Association of Rhode Island; and |
3 | (13) Mental health consumer advocates of Rhode Island. |
4 | SECTION 2. Section 43-3-7.1 of the General Laws in Chapter 43-3 entitled |
5 | "Construction and Effect of Statutes" is hereby amended to read as follows: |
6 | 43-3-7.1. Use of appropriate disability language. [Effective January 1, 2020.] |
7 | (a) Whenever the terms "the handicapped," "handicap person," or "handicapped person" |
8 | are used in the general laws, the law revision director shall, unless the director determines it could |
9 | alter the intent of the statute, recommend that they be replaced with the words "persons with |
10 | disabilities" or "person with a disability," inclusive, and whenever the term "handicap" is used in |
11 | the general laws, the law revision director shall, unless the director determines it could alter the |
12 | intent of the statute, recommend that it be replaced with the word "disability." |
13 | (b) Whenever the terms "developmental disability" or "developmental disabilities" |
14 | "mental retardation" or "mentally retarded" or "retarded" are used in the general laws, the law |
15 | revision director shall, unless the director determines it could alter the intent of the statute, |
16 | recommend that they be replaced with the words "intellectual and developmental disability" or |
17 | "person with an intellectual and developmental disability," if the context so requires. |
18 | (c) Whenever the terms "substance abuse" or "addict" are used in the general laws, the |
19 | law revision director shall, unless the director determines it could alter the intent of the statute, |
20 | recommend that they be replaced with the words "substance use disorder" or "person with a |
21 | substance use disorder," if the context so requires. |
22 | (d) Whenever an act, resolution, statute, regulation, guideline, directive, or other |
23 | document of a governmental entity refers to people with disabilities, terms that stigmatize, like |
24 | "the handicapped," "the disabled," "the blind," "the deaf," "the hearing impaired," "cerebral |
25 | palsied," "paralytic," "epileptic," "confined to a wheelchair," "wheelchair bound," "lunatic," |
26 | "idiot," "defective," "deformed," "victim," "suffers from," "mentally retarded," "retarded," |
27 | "addict," "substance abuser," etc., shall not be used. Language that puts the "person first," rather |
28 | than the impairment or assistive device, such as "person with a disability," "child who has mental |
29 | illness," "worker who is deaf," "voter who uses a wheelchair," "person who is hard-of-hearing," |
30 | shall be used. |
31 | SECTION 3. This act shall take effect upon passage. |
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LC004103 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - GOVERNOR'S COMMISSION | |
ON DISABILITIES | |
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1 | This act would establish appropriate disability language and would authorize the law |
2 | revision director to replace inappropriate disability language in the general law with appropriate |
3 | disability language. |
4 | This act would take effect upon passage. |
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LC004103 | |
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