2021 -- H 5989

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LC001149

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES - MANDATORY VACCINATION AGREEMENT

PROHIBITED

     

     Introduced By: Representatives Noret, Casimiro, Vella-Wilkinson, Corvese, Craven,
Casey, Lombardi, and Place

     Date Introduced: February 26, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-24-2 of the General Laws in Chapter 11-24 entitled "Hotels And

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Public Places" is hereby amended to read as follows:

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     11-24-2. Discriminatory practices prohibited.

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     No person, being the owner, lessee, proprietor, manager, superintendent, agent, or

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employee of any place of public accommodation, resort, or amusement shall directly or indirectly

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refuse, withhold from, or deny to any person on account of race or color, religion, country of

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ancestral origin, disability, age, sex, sexual orientation, gender identity or expression, or refusal of

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the individual to receive a vaccine or to provide proof of vaccination, any of the accommodations,

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advantages, facilities, or privileges of that public place. No person shall directly or indirectly

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publish, circulate, issue, display, post, or mail any written, printed or painted communication,

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notice, or advertisement, to the effect that any of the accommodations, advantages, facilities, and

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privileges of any public accommodation place shall be refused, withheld from, or denied to any

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person on account of race or color, religion, country of ancestral origin, disability, sex or sexual

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orientation, gender identity or expression, or age or for refusal to be vaccinated or to provide proof

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of vaccination or that the patronage or custom at that place of any person belonging to or purporting

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to be of any particular race or color, religion, country of ancestral origin, disability, age, sex, sexual

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orientation, or vaccination status or gender identity or expression is unwelcome, objectionable, or

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not acceptable, desired, or solicited. The production of any written, printed, or painted

 

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communication, notice, or advertisement, purporting to relate to any public place and to be made

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by any person being its owner, lessee, proprietor, superintendent, or manager, shall be presumptive

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evidence in any action that its production was authorized by that person.

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     SECTION 2. Section 28-5-7 of the General Laws in Chapter 28-5 entitled "Fair

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Employment Practices" is hereby amended to read as follows:

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     28-5-7. Unlawful employment practices.

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     It shall be an unlawful employment practice:

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     (1) For any employer:

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     (i) To refuse to hire any applicant for employment because of his or her race or color,

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religion, sex, sexual orientation, gender identity or expression, disability, age, or country of

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ancestral origin;

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     (ii) Because of those reasons, to discharge an employee or discriminate against him or her

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with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any

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other matter directly or indirectly related to employment. However, if an insurer or employer

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extends insurance related benefits to persons other than or in addition to the named employee,

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nothing in this subdivision shall require those benefits to be offered to unmarried partners of named

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employees;

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     (iii) In the recruiting of individuals for employment or in hiring them, to utilize any

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employment agency, placement service, training school or center, labor organization, or any other

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employee referring source which the employer knows, or has reasonable cause to know,

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discriminates against individuals because of their race or color, religion, sex, sexual orientation,

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gender identity or expression, disability, age, or country of ancestral origin;

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     (iv) To refuse to reasonably accommodate an employee's or prospective employee's

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disability unless the employer can demonstrate that the accommodation would pose a hardship on

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the employer's program, enterprise, or business; or

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     (v) When an employee has presented to the employer an internal complaint alleging

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harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual

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orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a

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timely manner in writing to that employee the disposition of the complaint, including a description

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of any action taken in resolution of the complaint; provided, however, no other personnel

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information shall be disclosed to the complainant;

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     (vi) To refuse to hire, or to discharge, penalize or discriminate against any individual, to

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include, but not be limited to, any health care professional, with respect to compensation or the

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terms, conditions or privileges of employment on the basis of the individual's vaccination history

 

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or the refusal of an individual to receive a vaccine or to provide proof of vaccination and/or

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immunity.

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     (2)(i) For any employment agency to fail or refuse to properly classify or refer for

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employment or otherwise discriminate against any individual because of his or her race or color,

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religion, sex, sexual orientation, gender identity or expression, disability, age, or country of

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ancestral origin; or

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     (ii) For any employment agency, placement service, training school or center, labor

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organization, or any other employee referring source to comply with an employer's request for the

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referral of job applicants if the request indicates either directly or indirectly that the employer will

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not afford full and equal employment opportunities to individuals regardless of their race or color,

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religion, sex, sexual orientation, gender identity or expression, disability, age, or country of

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ancestral origin;

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     (3) For any labor organization:

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     (i) To deny full and equal membership rights to any applicant for membership because of

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his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability,

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age, or country of ancestral origin;

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     (ii) Because of those reasons, to deny a member full and equal membership rights, expel

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him or her from membership, or otherwise discriminate in any manner against him or her with

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respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or

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any other matter directly or indirectly related to membership or employment, whether or not

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authorized or required by the constitution or bylaws of the labor organization or by a collective

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labor agreement or other contract;

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     (iii) To fail or refuse to classify properly or refer for employment, or otherwise to

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discriminate against any member because of his or her race or color, religion, sex, sexual

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orientation, gender identity or expression, disability, age, or country of ancestral origin; or

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     (iv) To refuse to reasonably accommodate a member's or prospective member's disability

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unless the labor organization can demonstrate that the accommodation would pose a hardship on

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the labor organization's program, enterprise, or business;

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     (4) Except where based on a bona fide occupational qualification certified by the

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commission or where necessary to comply with any federal mandated affirmative action programs,

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for any employer or employment agency, labor organization, placement service, training school or

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center, or any other employee referring source, prior to employment or admission to membership

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of any individual, to:

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     (i) Elicit or attempt to elicit any information directly or indirectly pertaining to his or her

 

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race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or

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country of ancestral origin;

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     (ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation,

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gender identity or expression, disability, age, or country of ancestral origin;

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     (iii) Use any form of application for employment, or personnel or membership blank

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containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual

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orientation, gender identity or expression, disability, age, or country of ancestral origin;

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     (iv) Print or publish or cause to be printed or published any notice or advertisement relating

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to employment or membership indicating any preference, limitation, specification, or

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discrimination based upon race or color, religion, sex, sexual orientation, gender identity or

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expression, disability, age, or country of ancestral origin; or

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     (v) Establish, announce, or follow a policy of denying or limiting, through a quota system

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or otherwise, employment or membership opportunities of any group because of the race or color,

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religion, sex, sexual orientation, gender identity or expression, disability, age, or country of

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ancestral origin of that group;

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     (5) For any employer or employment agency, labor organization, placement service,

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training school or center, or any other employee referring source to discriminate in any manner

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against any individual because he or she has opposed any practice forbidden by this chapter, or

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because he or she has made a charge, testified, or assisted in any manner in any investigation,

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proceeding, or hearing under this chapter;

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     (6) For any person, whether or not an employer, employment agency, labor organization,

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or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to

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be an unlawful employment practice, or to obstruct or prevent any person from complying with the

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provisions of this chapter or any order issued pursuant to this chapter, or to attempt directly or

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indirectly to commit any act declared by this section to be an unlawful employment practice;

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     (7) For any employer to include on any application for employment, except applications

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for law enforcement agency positions or positions related to law enforcement agencies, a question

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inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been

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arrested, charged with or convicted of any crime; provided, that:

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     (i) If a federal or state law or regulation creates a mandatory or presumptive disqualification

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from employment based on a person's conviction of one or more specified criminal offenses, an

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employer may include a question or otherwise inquire whether the applicant has ever been

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convicted of any of those offenses; or

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     (ii) If a standard fidelity bond or an equivalent bond is required for the position for which

 

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the applicant is seeking employment and his or her conviction of one or more specified criminal

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offenses would disqualify the applicant from obtaining such a bond, an employer may include a

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question or otherwise inquire whether the applicant has ever been convicted of any of those

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offenses; and

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     (iii) Notwithstanding, any employer may ask an applicant for information about his or her

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criminal convictions at the first interview or thereafter, in accordance with all applicable state and

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federal laws;

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     (8)(i) For any person who, on June 7, 1988, is providing either by direct payment or by

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making contributions to a fringe benefit fund or insurance program, benefits in violation with §§

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28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988 or if

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there is an applicable collective bargaining agreement in effect on June 7, 1988, until the

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termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-

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38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either

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directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance

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program.

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     (ii) Where the costs of these benefits on June 7, 1988 are apportioned between employers

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and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-

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5-38 may be made by employers and employees in the same proportion.

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     (iii) Nothing in this section shall prevent the readjustment of benefits or compensation for

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reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38.

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     SECTION 3. Section 30-15-9 of the General Laws in Chapter 30-15 entitled "Emergency

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Management" is hereby amended to read as follows:

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     30-15-9. Governor's responsibilities relating to disaster emergencies.

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     (a) The governor shall be responsible for meeting the dangers to the state and people

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presented by disasters.

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     (b) A state of emergency shall be declared by executive order or proclamation of the

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governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is

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imminent. The state of disaster emergency shall continue until the governor finds that the threat or

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danger has passed or the disaster has been dealt with to the extent that emergency conditions no

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longer exist and terminates the state of disaster emergency by executive order or proclamation, but

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no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the

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governor. The general assembly, by concurrent resolution, may terminate a state of disaster

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emergency at any time. Thereupon, the governor shall issue an executive order or proclamation

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ending the state of disaster emergency and what actions are being taken to control the emergency

 

LC001149 - Page 5 of 10

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and what action the public should take to protect themselves. All executive orders or proclamations

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issued under this subsection shall indicate the nature of the disaster, the area or areas threatened,

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and the conditions that have brought it about or that make possible termination of the state of

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disaster emergency. An executive order or proclamation shall be disseminated promptly by means

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calculated to bring its contents to the attention of the general public and, unless the circumstances

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attendant upon the disaster prevent or impede, promptly filed with the agency, the secretary of state,

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and the city and town clerks in the area to which it applies.

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     (c) An executive order or proclamation of a state of disaster emergency, shall activate the

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state and local disaster emergency plans applicable to the political subdivision or area in question

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and shall be authority for the deployment and use of any forces to which the plan or plans apply

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and for the use or distribution of any supplies, equipment, and materials and facilities assembled,

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stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law

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relating to disaster emergencies.

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     (d) During the continuance of any state of disaster emergency the governor is commander-

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in-chief of the organized and unorganized militia and of all other forces available for emergency

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duty. To the greatest extent practicable, the governor shall delegate or assign command authority

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by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein

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restricts the governor's authority to do so by orders issued at the time of the disaster emergency.

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     (e) In addition to any other powers conferred upon the governor by law, the governor may

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exercise the following powers, limited in scope and duration as is reasonably necessary for

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emergency response:

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     (1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct

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of state business, or the orders, rules, or regulations of any state agency, if strict compliance with

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the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay

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necessary action in coping with the emergency, provided that the suspension of any statute, order,

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rule or regulation will be limited in duration and scope to the emergency action requiring said

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suspension;

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     (2) Utilize all available resources of the state government as reasonably necessary to cope

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with the disaster emergency and of each political subdivision of the state;

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     (3) Transfer the direction, personnel, or functions of state departments and agencies or units

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thereof for the purpose of performing or facilitating emergency services;

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     (4) Subject to any applicable requirements for compensation under § 30-15-11,

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commandeer or utilize any private property if the governor finds this necessary to cope with the

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disaster emergency;

 

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     (5) Direct and compel the evacuation of all or part of the population from any stricken or

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threatened area within the state if the governor deems this action necessary for the preservation of

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life or other disaster mitigation, response, or recovery;

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     (6) Prescribe routes, modes of transportation, and destinations in connection with

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evacuation;

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     (7) Control ingress and egress to and from a high risk area, the movement of persons within

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the area, and the occupancy of premises therein;

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     (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms,

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explosives, and combustibles;

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     (9) Make provision for the availability and use of temporary emergency shelter;

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     (10) Make and promulgate such rules and regulations as the governor may deem advisable

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for the assigning, detailing, and making available for duty and use in any city or town of this state

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any of the personnel, apparatus, or equipment of any police or fire department of any other city or

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town, or of any volunteer fire company, or of any fire district, and that personnel shall have the

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same powers, duties, rights, privileges, and immunities as if performing their duties in the city or

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town in which they normally would be employed, but the personnel shall obey the orders of the

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police and fire authorities of the city or town to which assigned, detailed, or made available. When

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assigned, detailed, or made available as aforesaid, the city or town in which the police or firemen

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shall perform outside duties shall provide them with subsistence or pay them a reasonable

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allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred

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while being so used; provided, however, that a city or town shall be reimbursed by the state out of

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the general fund of the state for all expenses incurred under the foregoing provisions of this

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subsection;

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     (11) Designate as a special emergency health and sanitation area, any area within the state

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that has been seriously damaged by disaster, or in which the existence of any military, naval, or air

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establishment of the United States of America or of any industrial establishment constructed or

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enlarged for purposes of national defense, has caused an increase in the population of that area to

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such an extent as to produce unusual problems of health and sanitation. It is the duty of state health

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authorities and the local code enforcement officials to make and enforce rules and regulations

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designed to prevent the introduction of any contagious or infectious disease and to safeguard the

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public health within the area. The governor may promulgate and enforce additional rules and

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regulations for the protection of the public health within areas as may be necessary;

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     (12) Whenever, in the governor's opinion, due to a disaster there is liable to be a serious

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shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other

 

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pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal

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authorities are not adequately dealing with the situation, promulgate such rules and regulations as

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he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those

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necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering

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from, those necessities; additionally, during a declared time of state or national emergency, no

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person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail

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immediately prior to the proclamation of emergency or during the proclaimed state of emergency.

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Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs

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during the normal course of business. Any person, firm, or corporation who or that violates any

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provision of this subsection shall be fined not more than one hundred dollars ($100);

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     (13) Do all other things necessary to effectively cope with disasters in the state not

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inconsistent with other provisions of law;

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     (14) Adopt and enforce measures to provide for the safe disposal of infectious waste as

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may be reasonable and necessary for emergency response due to a state disaster emergency. Such

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measures may include, but are not limited to, the collection, storage, handling, destruction,

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treatment, transportation, and disposal of infectious waste;

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     (15) Adopt and enforce measures to provide for the safe disposal of corpses as may be

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reasonable and necessary for emergency response due to a state disaster emergency. Such measures

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may include, but are not limited to, the embalming, burial, cremation, interment, disinterment,

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transportation, and disposal of corpses; and

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     (16) Compel a person to submit to a physical examination and/or testing as necessary to

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diagnose or treat the person. The medical examination and/or testing may be performed by any

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qualified person authorized by the department of health and must not be reasonably likely to result

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in serious harm to the affected individual. The medical examination and/or testing shall be

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performed immediately upon the order of the department of health without resort to judicial or

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quasi-judicial authority. If the department of health is uncertain whether a person who refuses to

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undergo medical examination and/or testing may have been exposed to an infectious disease or

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otherwise poses a danger to public health, the department of health may subject the individual to

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isolation or quarantine pursuant to § 23-8-4.

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     (f) Nothing contained within this section shall be construed as authorizing the governor by

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executive order or proclamation to require any individual to be vaccinated or to be subject to any

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penalty, either civil or criminal, for refusing to be vaccinated.

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     SECTION 4. Section 34-37-4.3 of the General Laws in Chapter 34-37 entitled "Rhode

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Island Fair Housing Practices Act" is hereby amended to read as follows:

 

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     34-37-4.3. Discrimination in granting credit or loans prohibited.

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     No financial organization governed by the provisions of title 19 or any other credit granting

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commercial institution may discriminate in the granting or extension of any form of loan or credit,

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or the privilege or capacity to obtain any form of loan or credit, on the basis of the applicant's sex,

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marital status, military status as a veteran with an honorable discharge or an honorable or general

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administrative discharge, servicemember in the armed forces, race or color, religion or country of

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ancestral origin, disability or age or familial status, sexual orientation, or gender identity or

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expression or vaccination history and the form of loan and credit shall not be limited to those

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concerned with housing accommodations and the commission shall prevent any violation hereof in

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the same manner as it is to prevent unlawful housing practices under the provisions of this chapter.

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     SECTION 5. This act shall take effect upon passage.

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LC001149

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - MANDATORY VACCINATION AGREEMENT

PROHIBITED

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     This act would prohibit discrimination against individuals for refusal to be vaccinated with

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the respect to employment, public accommodations and credit. This act would also provide that the

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governor has no authority pursuant to an emergency declaration to order mandatory vaccination of

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an individual.

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     This act would take effect upon passage.

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LC001149

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