2025 -- S 0887

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LC002628

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CIVIL RIGHTS OF PEOPLE

WITH DISABILITIES

     Introduced By: Senators DiMario, Lawson, Gallo, Mack, Zurier, Bissaillon, DiPalma,
Murray, McKenney, and Valverde

     Date Introduced: March 27, 2025

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-87-2 of the General Laws in Chapter 42-87 entitled "Civil Rights

of People with Disabilities" is hereby amended to read as follows:

     42-87-2. Discrimination prohibited.

     (a) No otherwise qualified person with a disability shall, solely by reason of the person’s

disability, be subject to discrimination by any person or entity doing business in the state; nor shall

any otherwise qualified person with a disability be excluded from participation in or denied the

benefits of any program, activity, or service of, or, by any person or entity regulated, by the state

or having received financial assistance from the state or under any program or activity conducted

by the state, its agents, or any entity doing business with the state.

     (b) Provided, if any provision or provisions of Section 504 of the Rehabilitation Act of

1973, prohibiting discrimination based on disability in federally funded programs or activities,

codified at 29 U.S.C. § 794, and any implementing regulations relating to prohibiting this

discrimination, are determined by the Rhode Island commission for human rights and the

governor’s commission on disabilities, to have been repealed or to have been declared invalid or

nullified by the final judgment of a federal court applicable to the state or by executive or

administrative action, which shall be deemed to include an action of the federal executive or judicial

branch that nullifies the effectiveness of 29 U.S.C. § 794 in prohibiting discrimination based on

disability in federally funded programs or activities, then the following shall apply:

     (1) Discrimination prohibited under this chapter shall continue to include those acts

prohibited on the basis of disability by 29 U.S.C. § 794, and any implementing regulations, as those

regulations were in effect as of the date immediately prior to date of the repeal, revocation, or

nullification.

     (2) The provisions of this section shall be interpreted broadly and to the fullest extent

possible under state and federal law, in order to continue the protections afforded persons with

disabilities under this chapter and throughout the general laws of the state.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CIVIL RIGHTS OF PEOPLE

WITH DISABILITIES

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     This act would provide that in the event any provision of Section 504 of the Rehabilitation

Act of 1973, prohibiting discrimination based on disability in federally funded programs or

activities, codified at 29 U.S.C. § 794, is repealed or nullified by a federal judicial or executive

branch action, the law applied in Rhode Island would be the law in effect on the date immediately

prior to the date of the repeal or revocation.

     This act would take effect upon passage.

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