2023 -- H 6065

========

LC001936

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT

     Introduced By: Representatives Roberts, Chippendale, Nardone, Rea, and Quattrocchi

     Date Introduced: March 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 30-15 of the General Laws entitled "Emergency Management" is

hereby amended by adding thereto the following section:

     30-15-7.1. Limitations to governor's general powers.

     (a) Notwithstanding any of the powers or responsibilities bestowed upon the governor

pursuant to §§ 30-15-17 and 30-15-9, the governor's authority regarding declaration or

proclamation of emergency shall be limited as follows:

     (1) Any action taken or ordered by the governor regarding the declaration or proclamation

of emergency shall be in conformance with the Rhode Island Constitution.

     (2)(i) Any declaration or proclamation of emergency by the governor shall terminate sixty

(60) days after the date on which it was proclaimed unless the general assembly, when in session,

extends the emergency by a joint resolution of a majority of the house and senate members.

     (ii) If the general assembly is not in session at the time of the expiration of the declaration

or proclamation of emergency by the governor, then both the president of the senate and the speaker

of the house of representatives may extend the emergency by signing joint proclamations which

shall not exceed sixty (60) days.

     (b) The governor shall not issue any declaration or proclamation of emergency that would

result in the elimination of a religious exemption as set forth in § 42-80.1-3.

     (c) The governor shall not issue any declaration or proclamation of emergency that would

eliminate a religious exemption regarding a requirement that an individual submit to a flu shot,

injection or other inoculation which has not been proven by scientific data over a minimum of five

(5) years evidencing that the flu shot, injection or other inoculation prevents or eliminates, not

merely reduces the contraction and spreading of the virus or disease.

     SECTION 2. Sections 42-80.1-3 and 42-80.1-4 of the General Laws in Chapter 42-80.1

entitled "Religious Freedom Restoration Act" are hereby amended to read as follows:

     42-80.1-3. Religious freedom protected.

     (a) Except as provided for in subsection (b), a governmental authority may not restrict a

person’s free exercise of religion.

     (b) A governmental authority may restrict a person’s free exercise of religion only if:

     (1) The restriction is in the form of a rule of general applicability, and does not intentionally

discriminate against religion, or among religions; and

     (2) The governmental authority proves that application of the restriction to the person is

essential to further a compelling governmental interest, and is the least restrictive means of

furthering that compelling governmental interest;

     (3) For the purpose of this section, the elimination of all religious exemptions is

discriminatory and a prohibited restriction; and

     (4) For the purpose of this section, the approval of a religious exemption request shall be

liberally granted, and those charged with the exercise or enforcement are directed to act with strict

regard to the constitutionality protected religious rights of the people.

     42-80.1-4. Remedies.

     In any civil action alleging a violation of this chapter, the court may shall:

     (1) Afford injunctive and declaratory relief against any governmental authority which

commits a and/or proposes to commit a violation of this chapter, and;

     (2) Award a prevailing plaintiff damages, including, but not limited to, lost wages, filing

fees, costs and reasonable attorneys' fees.

     SECTION 3. Sections 28-5-2, 28-5-4 and 28-5-7 of the General Laws in Chapter 28-5

entitled "Fair Employment Practices" are hereby amended to read as follows:

     28-5-2. Legislative findings.

     (a) The practice or policy of discrimination against individuals because of their race or

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

ancestral origin is a matter of state concern. Such discrimination foments domestic strife and unrest;

threatens the rights and privileges of the inhabitants of the state; and undermines the foundations

of a free democratic state. The denial of equal employment opportunities because of such

discrimination and the consequent failure to utilize the productive capacities of individuals to their

LC001936 - Page 2 of 7

fullest extent deprive large segments of the population of the state of earnings necessary to maintain

decent standards of living, necessitates their resort to public relief, and intensifies group conflicts,

thereby resulting in grave injury to the public safety, health, and welfare.

     (b) The elimination of a religious exemption for any flu shot, injection or other inoculation,

which has not been proven by scientific data over a minimum of five (5) years evidencing that the

flu shot, injection or other inoculation prevents or eliminates, not merely reduces, the contraction

and spreading of the virus or disease, is a violation of this chapter.

     28-5-4. Exercise of police power.

     This chapter shall be deemed an exercise of the police power of the state for the protection

of the public welfare, prosperity, health, and peace of the people of the state; provided, the powers

are exercised in strict compliance with the Rhode Island Constitution.

     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 that 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

LC001936 - Page 3 of 7

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;

     (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:

LC001936 - Page 4 of 7

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

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

LC001936 - Page 5 of 7

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

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 or that, 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.; and

     (9) That for the purpose of this section, the elimination of all religious exemptions is

discriminatory and a prohibited and unlawful employment practice.

     SECTION 4. This act shall take effect upon passage.

========

LC001936

========

LC001936 - Page 6 of 7

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT

***

     This act would limit the duration of the governor's declaration or proclamation of

emergency to sixty (60) days unless extended by the general assembly and prohibit the elimination

of any religious exemption to submit to mandatory health injections or inoculations. This act would

also expand religious freedom in the State of Rhode Island by declaring that elimination of all

religious exemptions is discriminatory and a prohibited restriction and an unlawful employment

practice.

     This act would take effect upon passage.

========

LC001936

========

LC001936 - Page 7 of 7