It is enacted by the General Assembly as follows:

SECTION 1. Section 42-87-1 of the General Laws in Chapter 42-87 entitled "Discrimination Against Handicapped" is hereby amended to read as follows:

42-87-1. Definitions. -- As used in this chapter:

(a) "Discrimination" includes those acts prohibited on the basis of race by 42 USC Sections 1981, 1983 and those on the basis of handicap by 29 USC Section 794, and those on the basis of disability by 42 USC Section 12101 et seq., and those on the basis of handicap by chapter 5 of title 28.

(b) "Handicap" means any condition or characteristic that renders a person a handicapped person as defined in subdivision (b).

(c) "Handicapped person" means any person who:

(1) Has a physical or mental impairment which substantially limits one or more major life activities; or

(2) Has a record of such an impairment; or

(3) Is regarded as having such an impairment.

(d) "Has a record of such an impairment" means has a history of or has been misclassified as having a physical or mental impairment that substantially limits one or more major life activities.

(e) "Is regarded as having an impairment" means:

(1) Has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation; or

(2) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(3) Has none of the impairments defined in subdivision (b) but is treated as having such an impairment.

(f) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(g) "Physical or mental impairment" means any physiological disorder or condition cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(h) "Otherwise qualified" means: (1) With respect to employment, a handicapped person who, with reasonable accommodations, can perform the essential functions of the job in question;

(2) With respect to the rental of property, a handicapped person who personally or with assistance arranged by the handicapped person is capable of performing all the responsibilities of a tenant as contained in chapter 34-18-24; and

(3) With respect to any other program or activity, a handicapped person who meets the essential eligibility requirements for participation in or receipt of benefits from the program or activity . {ADD ; and ADD}

{ADD (4) The fact that an individual has applied for, received or continues to receive private insurance or government assistance based upon his or her handicap shall not be determinative as to whether the individual is otherwise qualified as defined herein; nor shall it constitute an estoppel or otherwise serve as a basis to deny the individual the protections of this chapter. ADD}

SECTION 2. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is hereby amended by adding thereto the following section:

{ADD 28-5-42. Receipt of assistance -- No estoppel effect. -- The fact that an individual has applied for, received or continues to receive private insurance or government assistance on the basis of a physical or mental impairment shall not, by itself, relieve or excuse any employer, employment agency or labor organization from its obligations under this chapter, but may be considered as evidence by the commission or court in its determination, nor shall such a fact serve as an estoppel or otherwise preclude an individual with a handicap from obtaining the protections of this chapter. ADD}

SECTION 3. This act shall take effect upon passage.