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:

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

Public Places" is hereby amended to read as follows:

     11-24-2. Discriminatory practices prohibited.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Employment Practices" is hereby amended to read as follows:

     28-5-7. Unlawful employment practices.

     It shall be an unlawful employment practice:

     (1) For any employer:

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

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

ancestral origin;

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

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

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

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

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

employees;

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

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

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

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

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

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

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

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

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

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

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

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

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

information shall be disclosed to the complainant;

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

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

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

immunity.

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

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

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

ancestral origin; or

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

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

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

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

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

ancestral origin;

     (3) For any labor organization:

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

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

age, or country of ancestral origin;

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

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

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

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

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

labor agreement or other contract;

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

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

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

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

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

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

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

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

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

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

of any individual, to:

     (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

country of ancestral origin;

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

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

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

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

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

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

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

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

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

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

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

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

ancestral origin of that group;

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

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

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

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

proceeding, or hearing under this chapter;

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

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

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

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

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

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

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

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

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

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

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

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

convicted of any of those offenses; or

     (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

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

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

offenses; and

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

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

federal laws;

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

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

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

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

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

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

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

program.

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

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

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

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

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

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

Management" is hereby amended to read as follows:

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

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

presented by disasters.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

relating to disaster emergencies.

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

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

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

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

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

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

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

emergency response:

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

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

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

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

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

suspension;

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

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

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

thereof for the purpose of performing or facilitating emergency services;

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

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

disaster emergency;

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

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

life or other disaster mitigation, response, or recovery;

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

evacuation;

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

the area, and the occupancy of premises therein;

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

explosives, and combustibles;

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

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

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

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

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

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

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

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

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

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

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

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

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

subsection;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

inconsistent with other provisions of law;

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

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

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

treatment, transportation, and disposal of infectious waste;

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

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

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

transportation, and disposal of corpses; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

     SECTION 5. This act shall take effect upon passage.

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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

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

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

an individual.

     This act would take effect upon passage.

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