It is enacted by the General Assembly as follows

SECTION 1. Sections 11-24-2, 11-24-2.1, 11-24-4 and 11-24-5 of the General Laws in Chapter 11-24 entitled "Hotels and Historic Places" are 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 or country of ancestral origin, {DEL handicap DEL} {ADD disability ADD}, age, sex, or sexual orientation any of the accommodations, advantages, facilities or privileges thereof, and 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 above-mentioned public place shall be refused, withheld from or denied to any person on account of race or color, religion, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , sex or sexual orientation or age or that the patronage or custom thereat of any person belonging to or purporting to be of any particular race or color, religion or country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age, sex , or sexual orientation is unwelcome, objectionable or not acceptable, desired or solicited. The production of any such written, printed or painted communication, notice or advertisement, purporting to relate to any such 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.

11-24-2.1. {DEL Discrimination based on handicap, age or sex prohibited. -- DEL} {ADD Discrimination based on disability, age, or sex prohibited. -- ADD} (A) Whenever in this chapter there shall appear the words "ancestral origin" there shall be inserted immediately thereafter the words " {DEL handicap DEL} {ADD disability ADD} , age or sex."

(1) The term " {DEL handicap DEL} {ADD disability ADD} " means any person who

(a) has a physical or mental impairment which substantially limits one or more major life activities,

(b) has a record of such an impairment, or

(c) is regarded as having such an impairment, and

(d) is otherwise qualified.

(2) "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 psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

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

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

(5) "Regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of those toward such impairment; or has none of the impairments but is treated as having such an impairment.

(6) "Otherwise qualified" means a {DEL handicapped DEL} {ADD disabled ADD} person who meets the essential eligibility requirements for participation in or receipt of benefits from the program or activity.

(B) Any {DEL handicapped DEL} {ADD disabled ADD} persons shall be entitled to full and equal access, as other members of the general public to all public accommodations, subject to the conditions and limitations established by law and applicable alike to all persons.

(C) Every {DEL handicapped DEL} {ADD disabled ADD} person who has a personal assistive animal or who obtains a personal assistive animal, shall be entitled to full and equal access to all public accommodations provided for in this chapter, and shall not be required to pay extra compensation for such personal assistive animal, but shall be liable for any damage done to the premises by such a personal assistive animal.

(D) Nothing in this subsection shall require any person providing a place of public accommodation to, in any way, incur any greater liability or obligation, or provide a higher degree of care for a {DEL handicapped DEL} {ADD disabled ADD} person than for a person who is not {DEL handicapped DEL} {ADD disabled ADD} .

(E) The term "sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of said status, but is intended to assure the basic human rights of persons to partake of public accommodations, regardless of such status.

11-24-4. Enforcement of anti-discrimination provisions. -- The Rhode Island commission against discrimination is empowered and directed, as hereinafter provided, to prevent any person from violating any of the provisions of sections 11-24-1 -- 11-24-3, inclusive, provided, that before instituting a formal hearing it shall attempt by informal methods of conference, persuasion, and conciliation to induce compliance with those sections. Upon the commission's own initiative or whenever an aggrieved individual or an organization chartered for the purpose of combating discrimination or racism or of safeguarding civil liberties, {ADD or rights of persons with disabilities ADD} that individual or organization being hereinafter referred to as the complainant, makes a charge to the commission that any person, agency, bureau, corporation, or association, hereinafter referred to as the respondent, has violated or is violating any of the provisions of sections 11-24-1 -- 11-24-3, inclusive, the commission may proceed in the same manner and with the same powers as provided in sections 28-5-16 -- 28-5-26, inclusive, and the provisions of sections 28-5-13 and 28-5-16 -- 28-5-36, inclusive, as to the powers, duties and rights of the commission, its members, hearing examiners, the complainant, respondent, interviewer and the court shall apply in any proceedings under this section.

11-24-5. Liberal construction of provisions. -- The provisions of sections 11-24-1 to 11-24-6, inclusive, shall be construed liberally for the accomplishment of the purposes thereof, and any law inconsistent with any provisions thereof shall not apply. Nothing contained in said sections shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of race or color, religion or country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or sex or sexual orientation.

SECTION 2. Section 17-9.1-31 of the General Laws in Chapter 17-9.1 entitled "Registration of Voters" is hereby amended to read as follows:

17-9.1-31. Voter registration advisory board. -- (a) The state board of elections shall establish a voter registration advisory board, hereinafter referred to as the advisory board, to assist in the drafting of regulations and the monitoring of implementation of the National Voter Registration Act of 1993, and to help recruit and train the volunteer registrars. The advisory board shall issue an annual report to the state board, governor, and general assembly on its activities.

(b) The advisory board shall consist of eighteen (18) members. The governor shall appoint one member from the League of Women Voters, one member of the Urban League, one member of Common Cause, one member of Ocean State Action, one member of the National Association for the Advancement of Colored People, one member of the R.I. Black Caucus of State Legislators, and one representative of a state employees' union. The speaker of the house shall appoint two (2) members, not more than one from the majority party. The majority leader of the senate shall appoint two (2) members, not more than one from the majority party. In addition, the following shall be members: the secretary of state or her or his designee; the directors or their designees of the registry of motor vehicles, the department of human services, the department of health, and the department of mental health, retardation, and hospitals; and the chairpersons or their designees of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} and the governor's commission on hispanic affairs. The members shall elect annually a chairperson and other officers as are necessary.

(c) Of the number of members appointed originally under this section, one-third (1/3) shall be appointed for a term of one year to be chosen by lot; one-third (1/3) shall be appointed for a term of two (2) years, to be chosen by lot; and one-third (1/3) shall be appointed for a term of three (3) years, to be chosen by lot. Thereafter, vacancies created by expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves. The members of the advisory board shall receive no compensation for their services, but may, at the discretion of the governor, be reimbursed for traveling and other expenses actually incurred in the performance of their official duties.

SECTION 3. Sections 23-27.3-100.1.4, 23-27.3-109.1.4, 23-27.3-127.1 and 23-27.3-127.2.5 of the General Laws in Chapter 23-27.3 entitled "State Building Code" is hereby amended to read as follows:

23-27.3-100.1.4. Appointment and qualifications of the committee. -- (a) The building code standards committee shall be composed of twenty-five (25) members, residents of the state; twenty-two (22) of whom shall be appointed by the governor with the advice and consent of the senate. Seven (7) members are to be appointed for terms of one year each, seven (7) for a term of two (2) years each, and eight (8) for terms of three (3) years each. Annually, thereafter, the governor, with the advice and consent of the senate, shall appoint members to the committee to succeed those whose terms expired; the members to serve for terms of three (3) years each and until their successors are appointed and qualified. Two (2) members shall be architects registered in the state of Rhode Island; three (3) shall be professional engineers registered in the state of Rhode Island, one specializing in mechanical, one specializing in structural, and one specializing in electrical engineering; one landscape architect, registered in the state of Rhode Island; one full-time certified electrical inspector; two (2) shall be builders or superintendents of building construction; one shall be a public health official; one shall be a qualified fire code official; two (2) shall be from the Rhode Island building trades council; one shall be a holder of Class "A" electrician's license; one shall be a master plumber; two (2) shall be from the general public; three (3) shall be building officials in office, one from a municipality with a population of sixty thousand (60,000) persons or more, one from a municipality with a population of over twenty thousand (20,000) persons but less than sixty thousand (60,000), and one from a municipality with a population of less than twenty thousand (20,000) persons; one shall be a member of the state senate, appointed by the majority leader, and one shall be a member of the house of representatives, appointed by the speaker, and one shall be a minimum housing official in office from one of the local municipalities. Within thirty (30) days of May 25, 1988, the governor shall appoint with the advice and consent of the senate, two (2) residents of the state who shall be {DEL disabled or handicapped DEL} persons {ADD with disabilities ADD} as defined in section 28-5-6(9), one of whom shall be appointed for a term of one year, and one of whom shall be appointed for a term of two (2) years. Within thirty (30) days of May 25, 1988, the Governor shall appoint with the advice and consent of the senate, one landscape architect in the state of Rhode Island who shall be appointed for a term of three (3) years.

(b) All members, except members of the state senate and the members of the house of representatives shall have no less than five (5) years practical experience in his or her profession or business. The committee shall elect its own chairman, and adopt rules and regulations for procedure. The state building commissioner shall serve as the executive secretary to the committee. The committee shall have the power, within the limits of appropriations provided therefor, to employ such assistance as may be necessary to conduct business.

The state housing and property maintenance code subcommittee shall be composed of nine (9) members, residents of state. Five (5) of these members are to be current members of the state building code standards committee and are to be appointed by that committee. The four (4) remaining members are to appointed by the governor, with the advice and consent of the senate. The four (4) appointed by the governor, with advice and consent of the senate, shall initially be appointed on a staggered term basis, one (1) for one (1) year, one (1) for two (2) years, and two (2) for three (3) years. Annually thereafter, the building code standards committee, and the governor, with the advice and consent of the senate, shall appoint the subcommittee members, for which they are respectively responsible, to succeed those whose terms have expired; the members to serve for terms of three (3) years each and until their successors are appointed and qualified. Of the members appointed by the committee one (1) shall be a full-time certified electrical inspector; one (1) shall be a master plumber and mechanical equipment expert; one (1) shall be a builder or superintendent of building construction; one (1) member shall be a qualified state fire code official; one (1) shall be a property manager; and one (1) shall be a current minimum housing official from a local municipality. The four (4) members to be appointed by the governor, with the advice and consent of the senate, shall all be current minimum housing officials from local municipalities. One shall be from a municipality with a population of sixty thousand (60,000) persons or more, one from a municipality with a population of over twenty thousand (20,000) persons but less than sixty thousand (60,000), and one from a municipality with a population of less than twenty thousand (20,000) persons.

23-27.3-109.1.4. {DEL Handicapped accessibility design criteria. -- DEL} {ADD Accessibility for people with disabilities design criteria. -- ADD} Pursuant to the provisions of section 512.0, the committee shall adopt by rules and regulations the design criteria for making buildings accessible for {DEL the handicapped DEL} {ADD persons with disabilities ADD} . The rules and regulations shall be reasonably consistent with recognized and accepted standards promulgated by national model code and standards organizations, and shall contain provisions for accessible elements and spaces, graphic conventions, and scope of coverage among others.

23-27.3-127.1. Committee to serve as a board of standards and appeals. -- (a) The building code standards committee, after the state building code is adopted and promulgated, will serve as a board of standards and appeals. For the purpose of securing for the public the benefits of new developments in the building industry and insuring public health, safety, and welfare, the board shall make or cause to be made investigations, or may accept authenticated reports from recognized authoritative sources on new materials or modes of construction intended for use in the construction of buildings or structures, and shall promulgate the regulations setting forth the conditions under which the materials or modes of constructions may be used. The regulations and amendments thereto shall have the same force and effect as the provisions of the code. The committee shall as a body or as a sub-committee thereof, have the power to sit as a state board of appeals, and in the absence of a local board, to hear appeals from the decision of the local building official.

(b) An aggrieved party, as defined in subsections (b)(1) through (b)(6) below, may appeal an interpretation, order, requirement, direction, or failure to act by the state building commissioner, charged with the administration or enforcement of this code or any of its rules or regulations directly to the state building code board of standards and appeals. The appeal shall be filed with the board of appeals within thirty (30) days of the mailing or posting of the interpretation, order, requirement, direction, or failure to act.

An aggrieved party shall be defined as follows:

(1) An owner of the building or structure which is subject to any interpretation, order, direction, or failure to act by a local building official, state building commissioner, or a local board of appeal's decision or failure to act.

(2) Property owners within two hundred feet (200') of the property lines of a building or structure which is the subject of any appeal.

(3) The state building commissioner relative to any interpretation, order, requirement, direction, or failure to act by the local building official.

(4) Any person, corporation, or other legal entity served with a notice of violation by the building official or the state building commissioner.

(5) Any person who has reasonable grounds for believing that he or she is about to be subject to discrimination in violation of the {DEL handicapped DEL} accessibility {ADD for persons with disabilities ADD} provisions of this code; provided that the state building commissioner has certified that the building plans are in violation of this code, the American with Disability Act [42 U.S.C. section 12101 et seq.] provisions {DEL and DEL} {ADD or ADD} the Federal Fair Housing Act [42 U.S.C. section 3601 et seq.].

(6) Any person who has reasonable grounds for believing that he or she is about to be subject to discrimination as a result of an appeal to the code's provisions of section 512.0, {DEL physically handicapped DEL} {ADD persons with disabilities ADD} and aged.

23-27.3-127.2.5. Procedures. -- (a) When the building official refuses to issue a building permit in whole or in part, or refuses to approve the mode or manner of construction proposed to be followed or the materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this code do not apply or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of this code and regulations have been misconstrued or wrongly interpreted, within thirty (30) days the owner of the building or structure, whether erected or to be erected, the owner's authorized agent, or other aggrieved party may make an application for an appeal in writing from the decision of the building official to the local board of appeal.

(b) Upon receipt of the application for an appeal, the chairman or secretary of the board of appeal shall appoint a panel of not less than three (3) members of the board to hear each appeal.

(c) Applications filed at least twenty-five (25) days, including Saturdays, Sundays, and legal holidays, prior to the monthly meeting of the board will be advertised for public hearing at the next scheduled meeting. Appeals affecting section 512.0, {DEL Physically Handicapped DEL} {ADD Persons with disabilities ADD} and Aged, shall cite the provisions in said advertisements. A copy of the application for appeal to the provisions of 512.0 shall be sent to the state building commissioner. Unless the appeal is continued, a copy of the decision of the board shall be mailed to the owner, the aggrieved party, and to the building official from whom the appeal has been taken not later than ten (10) days following the date of the hearing.

(d) Applications for appeal must be accompanied by two (2) copies of the required plans for review by the building official and the board of appeals.

(e) The building official shall submit to the board of appeals a notice identifying the reason for the refusal to issue a permit and the code provisions being disputed.

(f) Any aggrieved party affected by the decision of the local board may appeal to the state board of standards and appeals within twenty (20) days after the filing of the local decision with the building official and owner. Any determination made by the local board shall be subject to review de novo by the state board of standards and appeals.

SECTION 4. Sections 28-5-2, 28-5-3, 28-5-5, 28-5-6, 28-5-7, 28-5-7.2, 28-5-7.3, 28-5-13, 28-5-14, 28-5-22, 28-5-38, 28-5-40, 28-5-41, and 28-5-42 of the General Laws in Chapter 28-5 entitled "State Fair Employment Practices" are hereby amended to read as follows:

28-5-2. Statement as to results of discriminatory practices. -- The practice or policy of discrimination against individuals because of their race or color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin is a matter of state concern. Such discrimination moments 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 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.

28-5-3. Public policy. -- It is hereby declared to be the public policy of this state to foster the employment of all individuals in this state in accordance with their fullest capacities, regardless of their race or color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin, and to safeguard their right to obtain and hold employment without such discrimination.

28-5-5. Right to equal employment opportunities. -- The right of all individuals in this state to equal employment opportunities, regardless of race or color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin, is hereby recognized as, and declared to be a civil right.

28-5-6. Definitions. -- When used in this chapter:

(1) "Age" means anyone who is at least forty (40) but not seventy (70) years of age.

(2) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions, and women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in this chapter shall be interpreted to permit otherwise.

(3) "Commission" means the Rhode Island commission against discrimination created by this chapter.

(4) "Discriminate" includes segregate or separate.

(5) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.

(6)(i) "Employer" includes the state and all political subdivisions thereof and any person in this state employing four (4) or more individuals, and any person acting in the interest of an employer directly or indirectly.

(ii) Nothing herein shall be construed to apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities.

(7) "Employment agency" includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place employees.

(8) "Firefighter" means an employee, the duties of whose position includes work connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred or promoted to a supervisory or administrative position.

(9) " {DEL Handicap DEL} {ADD Disability ADD} " means any physical or mental impairment which substantially limits one or more major life activities, has a record of an impairment or is regarded as having such an impairment by any person, employer, labor organization or employment agency subject to this chapter, and shall include any disability which is provided protection under the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq and federal regulations pertaining to the act, 28 CFR 35 and 29 CFR 1630.

As used in this subdivision, the phrase:

(i) "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.

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

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

(iv) "Regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting a limitation; 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 has none of the impairments but is treated as having such an impairment.

(10) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.

(11) "Law enforcement officer" means an employee, the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state, including an employee engaged in such activity who is transferred or promoted to a supervisory or administrative position. For the purpose of this subdivision, "detention" includes the duties of employees assigned to guard individuals incarcerated in any penal institution.

(12) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

(13) "Sexual orientation" means having or being perceived as having an orientation for heterosexualtiy, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of said status, but is intended to assure the basic human rights of persons to obtain and hold employment, regardless of such status.

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, {DEL handicap DEL} {ADD disability ADD} , age, sexual orientation, or country of ancestral origin; or

(ii) Because of such 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, provided however, if an insurer or employer extends insurance related benefits to persons other than or in addition to the named employee, nothing herein shall require those benefits to be offered to unmarried partners of named employees; or

(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, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin; or

(iv) To refuse to reasonably accommodate an employee's or prospective employee's {DEL handicap DEL} {ADD disability ADD} unless the employer can demonstrate that the accommodation would pose a hardship on the employer's program, enterprise or business;

(2) For any employment agency:

(i) To fail or refuse to classify properly or refer for employment or otherwise discriminate against any individual because of his or her race or color, religion, sex, {DEL handicap DEL} {ADD disability ADD} , age, sexual orientation, 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, {DEL handicap DEL} {ADD disability ADD} , 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, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin; or

(ii) Because of such 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; or

(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, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin; or

(iv) To refuse to reasonably accommodate a member's or prospective member's {DEL handicap DEL} {ADD disability ADD} 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 race or color, religion, sex, {DEL handicap DEL} {ADD disability ADD} , age, sexual orientation, or country of ancestral origin;

(ii) Make or keep a record of his or her race or color, religion, sex, {DEL handicap DEL} {ADD disability ADD} , age sexual orientation, 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, {DEL handicap DEL} {ADD disability ADD} , age, sexual orientation, 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, {DEL handicap DEL} {ADD disability ADD} , age, sexual orientation, or country of ancestral origin;

(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, {DEL handicap DEL} {ADD disability ADD} , age, sexual orientation, or country of ancestral origin of such 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 thereunder, 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 thereto, a question inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been arrested or charged with any crime; provided, however,that nothing herein shall prevent an employer from inquiring whether the applicant has ever been convicted of any crime;

(8) 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 sections 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 sections 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; Provided, that where the costs of such benefits on June 7, 1988 are apportioned between employers and employees, the payments or contributions required to comply with sections 28-5-6, 28-5-7 and 28-5-38 may be made by employers and employees in the same proportion: And provided further, That nothing in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with sections 28-5-6, 28-5-7 and 28-5-38.

28-5-7.2. Proof of unlawful employment practices in disparate impact cases. -- (a) An unlawful employment practice prohibited by section 28-5-7 may be established by proof of disparate impact. An unlawful employment practice by proof of disparate impact is established when:

(1) a complainant demonstrates that an employment practice results in a disparate impact on the basis of race, color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin, and the respondent fails to demonstrate that the practice is required by business necessity; or

(2) a complainant demonstrates that a group of employment practices results in disparate impact on the basis of race, color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin, and the respondent fails to demonstrate that the practices are required by business necessity; provided that:

(i) if a complainant demonstrates that a group of employment practices results in a disparate impact, the complainant shall not be required to demonstrate which specific practice or practices within the group results in the disparate impact, and

(ii) if the respondent demonstrates that a specific employment practice within such group of employment practices does not contribute to the disparate impact, the respondent shall not be required to demonstrate that the practice is required by business necessity.

(b) A demonstration that an employment practice is required by business necessity may be used as a defense only against a claim under this section.

(c) As used in this section:

(1) The terms "complainant" and "respondent" mean those individuals or entities defined as such in section 28-5-17;

(2) the term "demonstrates" means meets the burdens of production and persuasion;

(3) the term "group of employment practices" means a combination of employment practices or an overall employment process; and

(4) the term "required by business necessity" means essential to effective job performance.

(d) Nothing contained herein shall be construed as limiting the methods of proof of unlawful employment practices under section 28-5-7 to the methods set in this section.

28-5-7.3. Discriminatory practice need not be sole motivating factor. -- An unlawful employment practice may be established in an action or proceeding under this chapter when the complainant demonstrates that race, color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin was a motivating factor for any employment practice, even though the practice was also motivated by other factors. Nothing contained herein shall be construed as requiring direct evidence of unlawful intent or as limiting the methods of proof of unlawful employment practices under section 28-5-7.

28-5-13. Powers and duties of commission. -- The commission shall have the following powers and duties:

(1) To establish and maintain a principal office in the city of Providence, Rhode Island, and such other offices within the state as it may deem necessary.

(2) To meet and function at any place within the state.

(3) To appoint such attorneys, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. Provided, however, That the provisions of chapter 4 of title 36 shall not apply to this chapter.

(4) To adopt, promulgate, amend, and rescind rules and regulations to effectuate the provisions of this chapter, and the policies and practice of the commission in connection therewith.

(5) To formulate policies to effectuate the purposes of this chapter.

(6) To receive, investigate, and pass upon charges of unlawful employment practices.

(7)(i) In connection with any investigation or hearing held pursuant to the provisions of this chapter, to hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and, in connection therewith, to require the production for examination of any books and papers relating to any matter under investigation or in question before the commission.

(ii) The commission may make rules as to the issuance of subpoenas by individual commissioners.

(iii) Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt punishable, upon the application of the commission, by the superior court in the county in which the hearing is held or in which the witness resides or transacts business.

(8) To utilize voluntary and uncompensated services of private individuals and organizations as may from time to time be offered and needed.

(9)(i) To create such advisory agencies and conciliation councils, local or state-wide, as will aid in effectuating the purposes of this chapter. The commission may itself, or it may empower these agencies and councils to:

(A) Study the problems of discrimination in all or specific fields of human relationships when based on race or color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , or country of ancestral origin, and

(B) Foster through community effort or otherwise good will among the groups and elements of the population of the state.

(ii) Such agencies and councils may make recommendations to the commission for the development of policies and procedure in general.

(iii) Advisory agencies and conciliation councils created by the commission shall be composed of representative citizens serving without pay, but with reimbursement for actual and necessary traveling expenses.

(10) To issue such publications and such results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination based on race or color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin.

(11) From time to time, but not less than once a year, to report to the legislature and the governor, describing the investigations, proceedings, and hearings the commission has conducted and their outcome, the decisions it has rendered, and the other work performed by it, and make recommendations for such further legislation, concerning abuses and discrimination based on race or color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age or country of ancestral origin, as may be desirable.

28-5-14. Educational program. -- In order to eliminate prejudice among the various ethnic groups in this state and to further good will among those groups, the commission and the state department of education are jointly directed to prepare a comprehensive educational program, designed for the students of the public schools of this state and for all other residents thereof, calculated to emphasize the origin of prejudice {DEL against minority groups DEL} {ADD based on race or color, religion, sex, sexual orientation, disability, age or country of ancestral origin ADD} , its harmful effects, and its incompatibility with American principles of equality and fair play.

28-5-22. Evidence of predetermined pattern. -- The commission shall in ascertaining the practices followed by the respondent, take into account all evidence, statistical or otherwise, which may tend to prove the existence of a predetermined pattern of employment or membership; Provided, That nothing herein contained shall be construed to authorize or require any employer or labor organization to employ or admit applicants for employment or membership in the proportion which their race or color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin bears to the total population or in accordance with any criterion other than the individual qualifications of the applicant.

28-5-38. Liberal construction. -- The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof, and any law inconsistent with any provision hereof shall not apply. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of race or color, religion, sex, sexual orientation, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any law of this state relating to parental leave.

28-5-40. Affirmative action report. -- On February 1 of each year the governor shall, in conjunction with the state equal opportunity office, submit to the general assembly a report documenting the status of affirmative action programs for women, {DEL handicapped DEL} {ADD persons with disabilities ADD} , and minorities in each department and state agency. At a minimum, the report shall include statistics for each department and state agency, indicating the employment by race, {DEL handicap DEL} {ADD disability ADD} , and sex of workers in each job category in the department or agency, and containing a comparison of those statistics with those of the previous year, and shall include the plans each department or state agency has adopted for the forthcoming year to correct any continuing deficiencies in the employment of women, {DEL handicapped DEL} {ADD persons with disabilities ADD} , and minorities in the workforce.

28-5-41. Right to fair employment practices. -- Whenever in this chapter there shall appear the terms, "race or color, religion, sex, {DEL handicap DEL} {ADD disability ADD} , age or country of ancestral origin" there shall be inserted immediately thereafter the words "sexual orientation".

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 {DEL handicap DEL} {ADD disability ADD} from obtaining the protections of this chapter.

SECTION 5. Sections 28-5.1-4, 28-5.1-7, 28-5.1-8, 28-5.1-9, and 28-5.1-14 of the General Laws in chapter 28-5.1 entitled "Equal Opportunity and Affirmative Action" are hereby amended to read as follows:

{ADD 28-5.1-4. Employment policies of state agencies. -- ADD} Each appointing authority shall review the recruitment, appointment, assignment, upgrading, and promotion policies and activities for state employees without regard to race, color, religion, sex, age, national origin, or {DEL handicap DEL} {ADD disability ADD} . All appointing authorities shall hire and promote employees without discrimination. Special attention shall be given to the parity of classes of employees doing similar work and the training of supervisory personnel in equal opportunity/affirmative action principles and procedures. Annually, each appointing authority shall include in its budget presentation such necessary programs, goals and objectives as shall improve the equal opportunity aspects of their department's employment policies. Each appointing authority shall make a monthly report to the state equal opportunity office on persons hired, disciplined, terminated, promoted, transferred, and vacancies occurring within their department.

28-5.1-7. State services and facilities. -- (a) Every state agency shall render service to the citizens of this state without discrimination based on race, color, religion, sex, sexual orientation, age, national origin, or {DEL handicap DEL} {ADD disability ADD} . No state facility shall be used in furtherance of any discriminatory practice nor shall any state agency become a party to any agreement, arrangement, or plan which has the effect of sanctioning such patterns or practices.

(b) At the request of the state equal opportunity office, each appointing authority shall critically analyze all of its operations to ascertain possible instances of noncompliance with this policy and shall initiate sustained, comprehensive programs based on the guidelines of the state equal opportunity office to remedy any defects found to exist.

28-5.1-8. Education, training and apprenticeship programs. -- (a) All educational programs and activities of state agencies, or in which state agencies participate, shall be open to all qualified persons, without regard to race, color, religion, sex, sexual orientation, national origin, or {DEL handicap DEL} {ADD disability ADD} . Such programs shall be conducted to encourage the fullest development of the interests, aptitudes, skills, and capacities of all participants.

(b) Those state agencies responsible for educational programs and activities shall take positive steps to insure that all programs are free from either conscious or inadvertent bias, and shall make quarterly reports to the state equal opportunity office with regard to the number of persons being served and to the extent to which the goals of the chapter are being met by the programs.

(c) Expansion of training opportunities shall also be encouraged with a view toward involving larger numbers of participants from those segments of the labor force where the need for upgrading levels of skill is greatest.

28-5.1-9. State employment services. -- All state agencies, including educational institutions which provide employment referral or placement services to public or private employees, shall accept job orders, refer for employment, test, classify, counsel and train only on a nondiscriminatory basis. They shall refuse to fill any job order which has the effect of excluding any persons, because of race, color, religion, sex, sexual orientation, age, national origin, or {DEL handicap DEL} {ADD disability ADD} . The agencies shall advise the commission for human rights promptly of any employers, employment agencies, or unions suspected of practicing unlawful discrimination. They shall assist employers and unions seeking to broaden their recruitment programs to include qualified applicants from minority groups. In addition, the department of employment and training, the department of labor, the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} , the advisory commission on women, and the R.I. Economic Development Corporation shall fully utilize their knowledge of the labor market and economic conditions of the state, and their contacts with job applicants, employers, and unions to promote equal employment opportunities and shall require and assist all persons within their jurisdictions to initiate actions which shall remedy any situations or programs which have a negative impact on protected classes within the state.

28-5.1-14. State licensing and regulatory agencies. -- State agencies shall not discriminate by considering race, color, religion, sex, age, national origin, or {DEL handicap DEL} {ADD disability ADD} in granting, denying, or revoking a license or charter, nor shall any person, corporation, or business firm which is licensed or chartered by the state unlawfully discriminate against or segregate any person on such grounds. All businesses licensed or chartered by the state shall operate on a nondiscriminatory basis, according to equal employment treatment and access to their services to all persons, except unless otherwise exempted by the laws of the state. Any licensee, charter holder, or retail sales permit holder who fails to comply with this policy shall be subject to such disciplinary action as is consistent with the legal authority and rules and regulations of the appropriate licensing or regulatory agency. State agencies which have the authority to grant, deny, or revoke licenses or charters will cooperate with the state equal opportunity office to prevent any person, corporation, or business firm from discriminating because of race, color, religion, sex, age, national origin, or {DEL handicap DEL} {ADD disability ADD} or from participating in any practice which may have a disparate effect on any protected class within the population. The state equal opportunity office shall monitor the equal employment opportunity activities and affirmative action plans of all such organizations.

SECTION 6. Section 28-27-32 of the General Laws in chapter 28-27 entitled "Pipefitters and Refrigeration Technicians, Fire Protection Sprinkler Contractors and Journeypersons Sprinkler Fitters and Oil Heat Contractors" is hereby amended to read as follows:

28-27-32. Discrimination. -- The department of labor shall not grant, deny, suspend, or revoke the license of any person on the grounds of race, color, religious creed, sex, age, national origin, {DEL handicap DEL} {ADD disability ADD} , or ancestry.

SECTION 7. Section 30-15-6 of the General Laws in chapter 30-15 entitled "Defense Civil Preparedness" is hereby amended to read as follows:

30-15-6. Advisory council. -- (a) There is hereby created the Rhode Island defense civil preparedness advisory council (hereinafter in this chapter called the "council"). The council will consist of twenty-eight (28) members as follows:

(1) Fifteen (15) ex officio members as follows:

(i) The lieutenant governor;

(ii) The adjutant general;

(iii) The law revision officer of the joint committee on legislative services;

(iv) The director of health;

(v) The director of transportation;

(vi) The director of human services;

(vii) The superintendent of state police;

(viii) The public utilities administrator;

(ix) The director of department of the environment;

(x) The director of mental health, retardation and hospitals;

(xi) The director of elderly affairs;

(xii) The chairperson of the state water resources board;

(xiii) The chairperson of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} ;

(xiv) The chairperson of the Rhode Island public transit authority; and

(xv) The executive director of the coastal resources management council or his or her designee;

(2) Ten (10) members appointed by and serving at the pleasure of the governor, as follows:

(i) Two (2) members of the senate not more than one of whom shall be from the same political party;

(ii) Two (2) members of the house of representatives not more than one of whom shall be from the same political party;

(iii) One representative of the electric industry;

(iv) One representative of the gas industry;

(v) One representative of the telephone industry;

(vi) The executive director of the Rhode Island Petroleum Association or other similarly situated person.

(vii) Two (2) representatives of the general public; one who shall have expertise in disaster preparedness;

(viii) One representative of the Rhode Island League of Cities and Towns;

(ix) One representative of E-911, the uniform emergency telephone authority; and

(x) One representative of the media.

(b) It shall be the duty of the council to advise the governor and the adjutant general on all matters pertaining to disaster preparedness. The lieutenant governor shall serve as chairperson of the council and the adjutant general shall serve as vice-chairperson. In providing advice to the governor and the adjutant general, the council shall, among other matters reasonably related to their authority, do the following:

(1) Establish a regular meeting schedule and form subcommittees as may be appropriate;

(2) Review disaster preparedness plans and other matters as may be acted upon or otherwise provided for in this chapter;

(3) Establish priorities and goals on Civil Defense preparedness matters on an annual basis;

(4) Study disaster preparedness plans in conjunction with the adjutant general, and otherwise conduct such other studies as may be deemed appropriate;

(5) Review the plans and coordination of the state's Civil Defense programs with appropriate authorized agencies and conduct studies on the programs as may be necessary;

(6) Review the plans and operations of the various cities and towns in disaster preparedness in conjunction with the director and his or her office;

(7) Provide for a payment of twenty-five dollars ($25.00) per meeting not to exceed three hundred dollars ($300.00) per year for meetings attended; and

(8) Provide an annual report on its activities in conjunction with the adjutant general.

SECTION 8. Sections 34-37-1, 34-37-2, 34-37-3, 34-37-4, 34-37-4.2, 34-37-4.3, 34-37-5.2, 34-37-5.3, 34-37-5.4, and 34-37-9 of the General Laws in Chapter 34-37 entitled "Rhode Island Fair Housing Practices Act" are hereby amended to read as follows:

34-37-1. Finding and declaration of policy. -- (a) In the State of Rhode Island and Providence Plantations, hereinafter referred to as the state, many people are denied equal opportunity in obtaining housing accommodations and are forced to live in circumscribed areas because of discriminatory housing practices based upon race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status. These practices tend unjustly to condemn large groups of inhabitants to dwell in segregated districts or under depressed living conditions in crowded, unsanitary, substandard and unhealthful accommodations. These conditions breed intergroup tension as well as vice, disease, juvenile delinquency and crime; increase the fire hazard; endanger the public health; jeopardize the public safety, general welfare and good order of the entire state; and impose substantial burdens on the public revenues for the abatement and relief of conditions so created. These discriminatory and segregative housing practices are inimical to and subvert the basic principles upon which the colony of Rhode Island and Providence Plantations was founded and upon which the state and the United States were later established. Discrimination and segregation in housing tend to result in segregation in our public schools and other public facilities, which is contrary to the policy of the state and the constitution of the United States. Further, discrimination and segregation in housing adversely affect urban renewal programs and the growth, progress and prosperity of the state. In order to aid in the correction of these evils, it is necessary to safeguard the right of all individuals to equal opportunity in obtaining housing accommodations free of discrimination.

(b) It is hereby declared to be the policy of the state to assure to all individuals regardless of race, color, religion, sex, sexual orientation, marital status, country of ancestral origin or {DEL handicap DEL} {ADD disability ADD} , age or familial status equal opportunity to live in decent, safe, sanitary and healthful accommodations anywhere within the state in order that the peace, health, safety and general welfare of all the inhabitants of the state may be protected and insured.

(c) The practice of discrimination in rental housing based on the potential or actual tenancy of a person with a minor child is declared to be against public policy.

(d) 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.

34-37-2. Right to equal housing opportunities -- Civil rights. -- The right of all individuals in the state to equal housing opportunities and regardless of race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status, is hereby recognized as, and declared to be, a civil right.

34-37-3. Definitions. -- When used in this chapter:

(1) "Age" means anyone over the age of eighteen (18).

(2) "Commission" means the Rhode Island Commission for Human Rights created by section 28-5-8.

(3) "Discriminate" includes segregate, separate or otherwise differentiate between or among individuals, because of race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age, or familial status or because of the race or color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status of any person with whom they are or may wish to be associated.

(4)(i) "Familial status" means one or more individuals who have not attained the age of eighteen (18) years being domiciled with:

(A) A parent or another person having legal custody of the individual or individuals; or

(B) The designee of the parent or other person having the custody, with the written permission of the parent or other person provided that if the individual is not a relative or legal dependent of the designee, that the individual shall have been domiciled with the designee for at least six (6) months.

(ii) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

(5)(i) " {DEL Handicap DEL} {ADD Disability ADD} " means any person who:

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

(B) has a record of such an impairment; or

(C) is regarded as having such an impairment; and

(D) is otherwise qualified;

(ii) but the term does not include current, illegal use of or addiction to a controlled substance, as defined in 21 U.S.C. 802.

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

(7) "Housing accommodation" includes any building or structure, or portion thereof, or any parcel of land, developed or undeveloped, which is occupied or is intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or residence of one or more persons.

{DEL (8) "Infirm person" means a person who is disabled or suffering from a chronic illness. DEL}

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

(10) "Otherwise qualified" includes any {DEL handicapped DEL} person {ADD with a disability ADD} who with respect to the rental of property, personally or with assistance arranged by said {DEL handicapped DEL} person {ADD with a disability ADD} is capable of performing all the responsibilities of a tenant as contained in chapter 34-18-24.

(11) "Owner" includes any person having the right to sell, rent, lease or manage a housing accommodation.

(12) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, labor organizations, mutual companies, joint-stock companies, trusts, receivers, legal representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as defined in chapter 20.5 of title 5.

(13) "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.

(14) "Regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of those toward the impairment; or has none of the impairments but is treated as having an impairment.

(15) "Senior citizen" means a person (62) years of age or older.

(16) The term "sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of said status, but is intended to assure the basic human rights of persons to hold and convey property and to give and obtain credit, regardless of such status.

34-37-4. Unlawful housing practices. -- (a) No owner having the right to sell, rent, lease or manage a housing accommodation as defined in subsection (B) of section 34-37-3, or an agent of any of these shall, directly or indirectly, make or cause to be made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin or {DEL handicap DEL} {ADD disability ADD} , age or familial status of any prospective purchaser, occupant or tenant of such housing accommodation; or shall, directly or indirectly, refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual such housing accommodation because of the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status of such individual or the race, color, religion, sex, sexual orientation, marital status country of ancestral origin or {DEL handicap DEL} {ADD disability ADD} , age or familial status of any person with whom the individual is or may wish to be associated; or shall, directly or indirectly, issue any advertisement relating to the sale, rental or lease of such housing accommodation which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status or shall, directly or indirectly, discriminate against any individual because of his or her race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith. Nothing in this subsection shall be construed to prohibit any oral or written inquiry as to whether the prospective purchaser or tenant is over the age of eighteen (18).

(b) No person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured shall directly or indirectly, make or cause to be made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status of any individual seeking such financial assistance, or of existing or prospective occupants or tenants of such housing accommodation; nor shall any person to whom the application is made in the manner provided, directly or indirectly, discriminate in the terms, conditions or privileges relating to the obtaining or use of any financial assistance against any applicant because of the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status of the applicant or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).

(c) Nothing in this section contained shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person having the right to sell, rent, lease or manage a housing accommodation to establish standards and preferences and set terms, conditions, limitations or specifications in the selling, renting, leasing or letting thereof or in the furnishing of facilities or services in connection therewith which do not discriminate on the basis of the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD}, age, or familial status of any prospective purchaser, lessee, tenant or occupant thereof or on the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD}, age, or familial status of any person with whom the prospective purchaser, lessee, tenant or occupant is or may wish to be associated. Nothing contained in this section shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations, or specifications for the granting of loans or financial assistance which do not discriminate on the basis of the race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD}, age, or familial status of the applicant for the loan or financial assistance or of any existing or prospective owner, lessee, tenant or occupant of housing accommodation.

(d) An owner may not refuse to allow a {DEL handicapped DEL} person {ADD with a disability ADD} to make, at his/her expense, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that, in the case of a rental, the owner may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. Where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of the a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in the account shall accrue to the benefit of the tenant. The restoration deposition shall be exempt from section 34-18-19(a) but will be subject to 34-18-19(b) - (f).

(e)(1) An owner may not refuse to make reasonable accommodations in rules, policies, practices, or services, when these accommodations may be necessary to afford an {DEL handicapped DEL} occupant {ADD with a disability ADD} equal opportunity to use and enjoy a dwelling.

(2) Every {DEL totally or partially blind person or other handicapped DEL} person {ADD with a disability ADD} who has a guide dog, or other personal assistive animal, or who obtains a guide dog, or other personal assistive animal, shall be entitled to full and equal access to all housing accommodations provided for in this section, and shall not be required to pay extra compensation for the guide dog, or other personal assistive animal, but shall be liable for any damage done to the premises by the a guide dog or other personal assistive animal. For the purposes of this subsection a "personal assistive animal" is an animal specifically trained, by a certified animal training program, to assist a {DEL handicapped DEL} person {ADD with a disability to ADD} perform independent living tasks.

(f) Any housing accommodation of four (4) units or more constructed for first occupancy after March 13, 1991 shall be designed and constructed in such a manner that:

(1) The public use and common use portions of the dwellings are readily accessible to and useable by {DEL handicapped DEL} persons {ADD with disabilities ADD} ;

(2) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons {ADD with disabilities ADD} in wheelchairs;

(3) All premises within the dwellings contain the following features of adaptive design:

(i) Accessible route into and through the dwelling;

(ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

(iv) Useable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. To the extent that any state or local building codes, statutes or ordinances are inconsistent with this section, they are hereby repealed. The state building code standards committee is hereby directed to adopt rules and regulations consistent with this section as soon as possible, but no later than September 30, 1990.

(g) Compliance with the appropriate requirements of the American national standard for buildings and facilities providing accessibility and useability for physically handicapped people (commonly cited as ANSI A117.1) suffices to satisfy the requirements of subsection (f).

(h) As used in subsection (f), the term "housing accommodation of four (4) units or more" means:

(1) buildings consisting of four (4) or more units if those buildings have one (1) or more elevators; and

(2) ground floor units in other buildings consisting of four (4) or more units;

(i) Nothing in subsection (f) shall be construed to limit any law, statute or regulation which requires a greater degree of accessibility to {DEL handicapped DEL} persons {ADD with disabilities ADD} .

(j) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, sublessee or assignee from advertising or selecting a person of the same or opposite gender to rent, lease or share the housing unit which the owner, lessee, sublessee or assignee will occupy with the person selected.

(l) No person shall aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful housing practice, or obstruct or prevent any person from complying with the provisions of this chapter or any order issued thereunder, or attempt directly or indirectly to commit any act declared by this section to be an unlawful housing practice.

(m) No owner, person defined in section 34-37-3(12), no person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured, no financial organization governed by the provisions of title 19 or any other credit granting commercial institution, no respondent under this chapter or any agent of these shall 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.

34-37-4.2. Exemptions -- Religious organizations and private clubs. -- (a) Nothing in this chapter shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than commercial purposes to persons of the same religion or from giving preference to such persons unless membership in the religion is restricted on account of sex, sexual orientation, race, color or national origin or {DEL handicap DEL} {ADD disability ADD} . Nor shall anything in this chapter prohibit a private club not in fact open to the public which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.

(b) Nothing in this chapter limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

34-37-4.3. Discrimination in granting credit or loans prohibited. -- No financial organization governed by the provisions of title 19 of the general laws, entitled "Financial Institutions" 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, race or color, religion or country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} or age or familial status, or sexual orientation 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.

34-37-5.2. Discrimination in brokerage services. -- It shall be unlawful to deny any person who meets licensing and other non-discriminatory requirements which are also applied to other applicants and members access to or membership or participation in any real estate listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling, leasing or renting a housing accommodation, or to discriminate against him or her in the terms or conditions of the access, membership, or participation, on account of race, color, religion, sex, sexual orientation, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age or familial status.

34-37-5.3. Fostering of segregated housing prohibited. -- It shall be an unlawful discriminatory housing practice to, for profit, induce, or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, marital status, country of ancestral origin, sex, sexual orientation, age, {DEL handicap DEL} {ADD disability ADD} or familial status.

34-37-5.4. Discrimination in residential real estate-related transactions. -- (a) It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms and conditions of such a transaction, because of race, color, religion, marital status, country of ancestral origin, sex, sexual orientation, age, {DEL handicap DEL} {ADD disability ADD} or familial status.

(b) As used in this section, the term "residential real estate-related transaction" means any of the following:

(1) The making or purchasing of loans or providing other financial assistance:

(i) For purchasing constructing, improving, repairing, or maintaining a dwelling; or

(ii) Secured by residential real estate.

(2) The selling, brokering, or appraising of residential real property.

(c) Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, marital status, country of ancestral origin, sex, sexual orientation, age, {DEL handicap DEL} {ADD disability ADD} or familial status.

34-37-9. Construction. -- The provisions of this chapter shall be construed liberally for the accomplishment of the purposes intended and any provisions of any law inconsistent with any provisions hereof shall not apply. Nothing contained in this chapter shall be construed to repeal any of the provisions of any law of the state prohibiting discrimination based on race or color, religion, sex, marital status, country of ancestral origin, {DEL handicap DEL} {ADD disability ADD} , age, or familial status. Nothing contained in this chapter shall restrict the original jurisdiction of the courts to proceed with evictions as provided in chapter 18 of this title.

SECTION 9. Sections 36-3-10 and 36-3-11 of the General Laws in Chapter 36-3 entitled "Division of Personnel Administration" is hereby amended to read as follows:

36-3-10. Appeals to appeal board. -- (a) The personnel appeal board shall hear appeals:

(1) By any person with provisional, probationary or permanent status in a position in the classified service aggrieved by an action of the administrator of adjudication for the department of administration on matters of personnel administration.

(2) By any person with provisional, probationary, or permanent status in a position in the classified service who has been discharged, demoted, suspended, or laid off by any appointing authority.

(3) By any person who holds the belief that he or she has been discriminated against because of his or her race, sex, age, {DEL handicap, DEL} {ADD disability ADD} or his or her political or religious beliefs in any personnel action.

(4) By any person who by the personnel policy of the state of Rhode Island or by contractual agreement with the state of Rhode Island is vested with the right of appeal to the board.

(b) Appeals shall be taken in accordance with the provisions of this chapter and chapter 4 of this title of the personnel rules provided, however, that the personnel appeal board may dismiss the appeal of a person who has already appealed or seeks to appeal the same matter under provisions of a contractual agreement or other law or regulation.

36-3-11. Statutory references to previous agencies and officials. -- (a) Wherever in any general or public law the words "civil service commission" appear or are implied, there shall be substituted therefor the words, "director of administration," except that wherever the words "civil service commission" appear in relation to the rights of any person to appeal against an action of an appointing authority resulting in a dismissal, demotion, discrimination because of race, sex, age, {DEL handicap DEL} {ADD disability ADD} or political or religious beliefs, suspension or layoff, the words "personnel appeal board" shall be substituted.

(b) Wherever in any general or public law the words "director of civil service" appear or are implied there shall be substituted therefor the words, "personnel administrator."

SECTION 10. Sections 36-4-42, 36-4-50, and 36-4-61 are hereby amended to read as follows:

36-4-42. Appeal from appointing authority to appeal board. -- Any state employee with provisional, probationary, or permanent status who feels aggrieved by an action of an appointing authority resulting in a demotion, suspension, layoff, or dismissal or by any personnel action which an appointing authority might take which causes the person to believe that he or she had been discriminated against because of his or her race, sex, age, {DEL handicap DEL} {ADD disability ADD} , or his or her political or religious beliefs, may, within thirty (30) calendar days of the mailing of the notice of that action, appeal in writing to the personnel appeal board for a review or public hearing. Within thirty (30) days after conclusion of the hearing the personnel appeal board shall render a decision and shall notify the affected employee and other interested parties of the decision which may confirm or reduce the demotion, suspension, layoff, or dismissal of the employee or may reinstate the employee and the board may order payment of part or all of the salary to the employee for the period of time he or she was demoted, suspended, laid off, or dismissed. The decision of the board shall be final and binding upon all parties concerned, and upon the finding of the personnel administrator, or upon appeal, in favor of the employee, the employee shall be forthwith returned to his or her office or position without loss of compensation, seniority or any other benefits he or she may have enjoyed, or under such terms as the appeal board shall determine. The employee who is returned to his or her office or position by the appeal board following a review or public hearing shall be granted by the state of Rhode Island counsel fees, payable to his or her representative counsel, of fifty dollars ($50.00) for each day his or her counsel is required to appear before the appeal board in the behalf of the aggrieved employee.

36-4-50. Merit as basis -- Discrimination prohibited. -- Except as provided in section 36-4-50.1, the determinations of eligibility for appointments, promotions, and demotions in and dismissals from the classified service shall be based solely upon merit, regardless of race or color, religion, sex, age, {DEL handicap, DEL} {ADD disability ADD} or country of origin or ancestral origin, consistent with collective bargaining agreements, and consistent with title VII of the Civil Rights Act of 1964 as amended [42 U.S.C. section 2000e et seq.].

36-4-61. {DEL Handicapped persons -- Special list of eligibles. -- DEL} {ADD Persons with disabilities - Special list of eligibles. -- ADD} (a) The personnel administrator is authorized and empowered to prepare without examination special lists of eligible persons who have a severe physical and/or mental impairment and who are certified by the department of human services as being so impaired and capable and adequately trained to qualify for an entrance level class of positions in the classified service. The administrator, in his or her discretion, may fix the maximum number of persons who may be placed on the special lists of eligibles.

(b) In order to qualify for permanent appointment to the classified service under subsection (a) of this section the {DEL handicapped DEL} person {ADD with a disability ADD} must:

(1) Have a severe physical and/or mental impairment or combination of impairments which resulted in an inability to obtain permanent employment under competitive rules;

(2) Have successfully demonstrated an ability to do a job under temporary appointment, for a period of five (5) months prior to their appointment to probationary status in the classified service; and

(3) Meet minimum qualification standards for the class of positions.

SECTION 11. Chapter 37-2.2 of the General Laws entitled "Products and Services of Handicapped Persons" is hereby amended by changing the title of said chapter to read as follows:

SECTION 12. Sections 37-2.2-1, 37-2.2-2, 37-2.2-3, 37-2.2-3.1 and 37-2.2-4 of chapter 37-2.2 entitled "Products and Services of Handicapped Persons" is hereby amended to read as follows:

37-2.2-1. Short title and purposes. -- This chapter shall be known as the " {DEL Handicapped Products Procurement DEL} {ADD Disability Business Enterprises ADD} Act". The purpose of this chapter is to carry out the state's policy of supporting the fullest possible participation of small disadvantaged businesses owned and controlled by {DEL handicapped DEL} persons {ADD with disabilities ADD} or where seventy-five percent (75%) of the employees are {DEL handicapped DEL} persons {ADD with disabilities ADD} , or non-profit rehabilitation facilities in state funded and state directed public construction and projects and in state purchases of goods and services. This includes assisting disadvantaged {DEL handicapped DEL} {ADD disability ADD} businessese and non-profit rehabilitation facilities throughout the life of contracts in which they participate.

37-2.2-2. Definitions. -- As used in this chapter, the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent:

(a) " {DEL Handicapped person DEL} {ADD Persons with disabilities ADD} " or " {DEL handicapped individual DEL} {ADD person with a disability ADD} " shall mean any individual who is under a physical or mental disability which constitutes a substantial {DEL handicap DEL} {ADD barrier ADD} to employment which is of such a nature that vocational rehabilitation services may reasonably be expected to render him or her fit to engage in a gainful occupation.

(b) "Products" shall mean any goods or merchandise provided by {DEL handicapped DEL} persons {ADD with disabilities ADD} if not less than 75 percent of the man hours or direct labor required for such products are performed by {DEL handicapped DEL} persons {ADD with disabilities ADD} .

(c) "Rehabilitation facility" shall mean a facility which is operated for the primary purpose of providing vocational rehabilitation services to and gainful employment for the {DEL handicapped DEL} individuals {ADD with disabilities ADD} and which provides singly or in combination one or more of the following services for {DEL handicapped DEL} individuals {ADD with disabilities ADD} :

(1) Comprehensive rehabilitation services which shall include under one management medical, psychological, social and vocational services;

(2) Testing, fitting, or training in the use of prosthetic and orthotic services;

(3) Pre-vocational evaluation or recreational therapy;

(4) Physical and occupational therapy;

(5) Speech and hearing services;

(6) Psychological and social services;

(7) Evaluation;

(8) Personal and work adjustment;

(9) Vocational training in combination with other rehabilitation services;

(10) Evaluation or control of special disabilities; and

(11) Transitional or long-term employment for the severely {DEL handicapped DEL} {ADD disabled ADD} who cannot be readily absorbed into the competitive labor market.

(d) "Services" shall mean any services provided by {DEL handicapped DEL} {ADD disabled ADD} persons if not less than 75 percent of the man hours or direct labor required for such services are performed by {DEL handicapped DEL} {ADD disabled ADD} persons.

(e) "Under a physical or mental disability" shall mean an individual who has a physical or mental condition which materially limits, contributes to limiting, or if not corrected will probably result in limiting his or her activities for functioning including behavioral disorders, characterized by deviant behavior, or impaired ability to carry out normal relationships with family and community which may result from vocational, educational, cultural, social, environmental, or other factors.

(f) "Vocational rehabilitation services" shall mean any goods and services including diagnostic and related services necessary to render a {DEL handicapped DEL} {ADD disabled ADD} individual fit to engage in a gainful occupation and services to the families of {DEL handicapped DEL} {ADD disabled ADD} individuals when those services will contribute substantially to the rehabilitation of those individuals.

(g) Small disadvantaged {DEL handicapped DEL} {ADD disabled ADD} businesses owned and controlled by {DEL handicapped DEL} {ADD disabled ADD} persons shall mean small business concern, which is at least fifty-one percent (51%) owned by one or more {DEL handicapped DEL} person {ADD with disabilities ADD} or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more {DEL handicapped DEL} {ADD disabled ADD} person, whose management and daily business operations are controlled by one or more {DEL handicapped DEL} {ADD disabled ADD} person(s), and have fifty or fewer employees.

37-2.2-3. {DEL Preference for products and services produced by handicapped individuals. -- DEL} {ADD Preference for products and services produced by persons with disability.-- ADD} Whenever any products made or manufactured by or services provided by {DEL handicapped DEL} {ADD disabled ADD} persons in nonprofit rehabilitation facilities or in profit making facilities where seventy-five (75%) percent of the employees are {DEL handicapped DEL} {ADD disabled ADD} meet the requirements of any department, institution, or agency supported, in whole or in part, by the state as to quantity, quality, and price, those products shall have preference over products or services from other providers. All departments, institutions, and agencies supported, in whole or in part by the state shall purchase such articles made or manufactured and services provided by {DEL handicapped DEL} persons {ADD with disabilities ADD} . Any political subdivision of the state may purchase those articles and services directly from those agencies. A list describing the styles, designs, sizes, and varieties of articles made by {DEL handicapped DEL} persons {ADD with disabilities ADD} and describing all available services and subcontract work which can be provided by those persons shall be prepared by the governor's commission on {DEL the handicapped, DEL} {ADD disabilities ADD} {DEL handicapped products procurement DEL} {ADD disability business enterprise ADD} committee in cooperation with the state office of rehabilitation services. The governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} shall cooperate with various {DEL handicapped DEL} facilities {ADD for persons with disabilities ADD} by submitting necessary information concerning such products and services to the state purchasing agent.

37-2.2-3.1. Policy and Applicability. -- It is the policy of the state of Rhode Island that small disadvantaged {DEL handicapped DEL} {ADD disability ADD} businesses shall have the maximum opportunity to participate in the performance of procurements and projects as outlined below. This chapter shall apply to any and all state purchasing, including, but not limited to the procurement of goods and services and construction projects or contracts funded in whole or in part by state funds, or funds which, is accordance with a federal grant or otherwise, the state expends or administers or in which the state is a signatory to the construction contract.

37-2.2-4. {DEL Handicapped products procurement committee -- Membership -- Duties. -- DEL} {ADD Disability business enterprise committee -- Membership -- Duties. -- ADD} (a) There is hereby established within the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} a committee, consisting of nine (9) persons, to be known as the {DEL handicapped products procurement DEL} {ADD disability business enterprise ADD} committee.

(b) The committee, shall consist of the director of the department of human services or his or her designee; the director of the department of mental health, retardation, and hospitals or his designee; the director of the economic development corporation or his or her designee; the state purchasing agent or his or her designee, and appointed by the chairperson of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} ; two (2) {DEL handicapped DEL} persons {ADD with disabilities ADD} ; and three (3) representatives of rehabilitation facilities in the state of Rhode Island. All members of the committee shall serve without compensation. Of the number appointed originally under this chapter, one-third (1/3) shall be appointed for a term of one (1) year; one-third (1/3) shall be appointed for a term of two (2) years; and one-third (1/3) shall be appointed for a term of three (3) years. Thereafter, vacancies created by expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves. The chairperson of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} or his or her designee shall serve as chairperson of the committee. The members of the committee shall elect a vice chairperson and other officers as are necessary from amongst themselves, annually.

(c) The commission on {DEL the handicapped DEL} {ADD disabilities ADD} shall promulgate such rules and regulations, in accordance with the Administrative Procedures Act, chapter 35 of title 42 as are necessary and proper to: ensure responsible management, operation and oversight of the committee and ensure that all facilities, both nonprofit and profit-making, referred to in section 37-2.2-3 and 3.1 meet all applicable government regulations and standards, including those of the United States department of labor, the state department of human services and the chief purchasing officer with regard to developing a program which involves small disadvantaged businesses as contractors, section 37-2-9(2)(n).

(d) The committee shall establish a procedure to certify small disadvantaged {DEL handicapped DEL} {ADD disability ADD} businesses and rehabilitation facilities, that qualify under their regulation for a preference under section 37-2.2-3 or 3.1 and submit a list of the certified small disadvantaged {DEL handicapped DEL} {ADD disability ADD} businesses and rehabilitation facilities and the products and services provided by them to the chief purchasing officer at least once a year. The chief purchasing officer shall utilize that list in the program which involves small disadvantaged businesses as contractors established by section 37-2-9(2)(n).

SECTION 13. Sections 37-8-15 and 37-8-15.1 of the General Laws in chapter 37-8 entitled "Public Buildings" are hereby amended to read as follows:

37-8-15. {DEL Access for physically disabled. -- DEL} {ADD Access for people with disabilities.-- ADD} The design of all public buildings to be constructed, to be leased, or to be rented by the state or any municipality of the state must be in compliance with all the standards promulgated by the Rhode Island State Building Code which make buildings and facilities accessible to and usable by the {DEL physically handicapped DEL} {ADD people with disabilities ADD} .

37-8-15.1. {DEL Handicapped accessibility of leased or rented facilities. -- DEL} {ADD Accessibility of leased or rented facilities for people with disabilities. -- ADD} (a) No governmental body or public agency, as defined in section 37-2-7, who acting as lessee, shall lease or rent facilities that are not accessible to and usable by individuals with {DEL handicaps DEL} {ADD disabilities ADD} . Prior to a governmental body or public agency leasing or renting any facility, or renewing a lease:

(1) The state building commissioner with the assistance of the governor's commission on the handicapped shall certify that the facility to be leased or rented conforms to the {DEL handicapped DEL} accessibility {ADD for people with disabilities ADD} provisions of the state building code;

(2) The state building commissioner with the assistance of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} shall certify that plans for renovation of the facility to be leased or rented conform to the state building code, and the accessibility renovations shall be completed within six (6) months of the signing of the lease; or

(3) The governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} grants a waiver from some provisions of the state building code's {DEL handicapped DEL} accessibility {ADD for people with disabilities ADD} provisions with respect to state agency leasing the facility and the state building commissioner with the assistance of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} certifies the facility to be leased or rented conforms to the remaining {DEL handicapped DEL} accessibility {ADD for people with disabilities ADD} provisions of the state building code.

(b) The governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} may only grant waivers when the waiver is sought:

(1) Would not operationally serve to deny any individual with a {DEL handicap DEL} {ADD disability ADD} access to a service or program operated by the governmental body or public agency;

(2) Would not operationally serve to deny an employee with a {DEL handicap DEL} {ADD disability ADD} or job applicant with a handicap employment or advancement in that governmental body or public agency; and

(3) Total compliance with the {DEL handicapped DEL} {ADD disabilities ADD} accessibility provisions of the state building code was structurally infeasible.

(c) The state building commissioner with the assistance of the governor's commission on {DEL the handicapped DEL} {ADD disability ADD} shall reinspect all facilities leased or rented under subsections (a)(2) or (a)(3) prior to the date(s) established in the certification or waiver for completion of any renovations required. If the state building commissioner is unable to issue a certification of compliance with the {DEL handicapped DEL} {ADD accessibility for people with disabilities ADD} provisions of the building code or the variance, then he/she shall inform the director of the department of administration that the facility is in noncompliance. The director of the department of administration shall take steps to ensure compliance or forward a report to the attorney general for legal action to terminate the lease.

SECTION 14. Section 42-46-13 of the General Laws in Chapter 42-46 entitled "Open Meetings" is hereby amended to read as follows:

{DEL 42-46-13. Handicapped accessibility. -- DEL} {ADD 42-46-13. Accessibility for persons with disabilities. -- ADD} (a) All public bodies, to comply with the nondiscrimination on the basis of {DEL handicap DEL} {ADD disability ADD} requirements of Rhode Island Constitution, Article 1, Section 2 and applicable federal and state nondiscrimination laws (29 USC 794, RI GL 42-87 and RI GL 11-24) shall develop a transition plan setting forth the steps necessary to ensure that all open meetings at said public bodies are accessible to {DEL handicapped DEL} persons {ADD with disabilities ADD} .

(b) The state building code standards committee shall, by September 1, 1989 adopt a {DEL handicapped DEL} accessibility of meetings {ADD for persons with disabilities ADD} standard that includes provisions ensuring that the meeting location is accessible to and usable by all {DEL handicapped DEL} persons {ADD with disabilities ADD} .

(c) This section does not require the public body to make each of its existing facilities accessible to and usable by {DEL handicapped DEL} persons {ADD with disabilities ADD} so long as all meetings required to be open to the public pursuant to chapter 46 of this title are held in accessible facilities by the dates specified in subsection (e).

(d) The public body may comply with the requirements of this section through such means as reassignment of meetings to accessible facilities, alteration of existing facilities or construction of new facilities. The public body is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section.

(e) The public body shall comply with the obligations established under this section by July 1, 1990, except that where structural changes in facilities are necessary in order to comply with this section, such changes shall be made by December 30, 1991, but in any event as expeditiously as possible unless an extension is granted by the state building commission for good cause.

(f) Each municipal government and school district shall, with the assistance of the state building commission, complete a transition plan covering the location of meetings for all public bodies under their jurisdiction. Each chief executive of each city or town and the superintendent of schools will submit their transition plan to the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} for review and approval. The governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} with assistance from the state building commission shall approve or modify, with the concurrence of the municipal government or school district, the transition plans.

(g) The provisions of sections 45-13-7 through 45-13-10, inclusive, shall not apply to this section.

SECTION 15. Chapter 42-51 of the General Laws entitled "Governor's Commission on the Handicapped" is hereby amended by changing the title of said chapter to read as follows:

SECTION 16. Sections 42-51-1, 42-51-6, 42-51-9,and 42-51-10 of the General Laws in Chapter 42-51 entitled "Governor's Commission on the Handicapped" are hereby amended to read as follows:

42-51-1. Establishment of commission. -- There is hereby established within the executive department a permanent commission to be known as the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} , hereinafter referred to as the commission.

42-51-6. Duties. -- It shall be the duty of the commission to work in cooperation with the national council on disability and other interested federal, state, and local agencies, organizations, and employers in:

(a) Promoting on behalf of the people with {DEL handicaps or DEL} disabilities and assuring, on behalf of the state, that people with {DEL handicaps or DEL} disabilities are afforded the opportunities to exercise all of the rights and responsibilities accorded to citizens of this state;

(b) Arousing community interest in the concerns of people with {DEL handicaps or DEL} disabilities through the utilization of whatever community and state resources the commission may deem necessary to accomplish the maximum in independent living and human development;

(c) Coordinating compliance with federal and state laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities by state agencies; and

(d) Providing technical assistance to public and private agencies, businesses, and citizens on complying with federal and state laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities.

42-51-9. Definitions. -- The following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meanings:

(a) "People with {DEL handicaps or DEL} disabilities" or "individuals with {DEL handicaps or DEL} disabilities" means any person who:

(i) Has a physical or mental impairment, which substantially limits one or more of the person's major life activities;

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

(iii) Is regarded as having such an impairment.

(b) "Federal and state laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities" means but is not limited to the Americans with Disabilities Act of 1990, 42 USC 12101 et. seq.; title V of the Rehabilitation Act of 1973, 29 USC 794; R.I. Const., Art. 1, Sec. 2; the provisions of chapter 42-87 and sections 23-6-22, 37-8-15, {ADD 37-8-15.1 ADD} and 42-46-13 of the general laws.

(c) "State agency" means any department, division, agency, commission, board, office, bureau, council, or authority, either branch of the Rhode Island general assembly or any agency or any committee thereof, or any other agency that is in any branch of Rhode Island state government and which exercises governmental functions.

(d) "Coordinating compliance" means the authority to:

(i) Issue guidelines, directives, or instructions as are necessary to effectuate compliance with federal and state laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities;

(ii) Establish a grievance procedure to promptly and equitably resolve complaints of noncompliance with federal and state laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities involving state agencies, including the power to investigate possible discrimination and eliminate unlawful practices by informal methods of conference, conciliation, and persuasion;

(iii) Initiate complaints against any state agency that willfully fails to comply with federal and state laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities to the appropriate state or federal agency; and

(iv) Develop, make periodic revisions to, and oversee the implementation of a transition plan for the removal of environmental and communication barriers in state owned facilities.

(e) "Providing technical assistance to public and private agencies, businesses, and citizens on complying with federal and state laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities" means: information dissemination and training designed to encourage the voluntary compliance with laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities; conducting {DEL handicapped DEL} {ADD disability ADD} accessibility surveys and providing advice on how to overcome any barriers to accessibility; and a mediation service to assist the parties, that voluntarily chose to utilize said service, resolve an allegation of discrimination on the basis of {DEL handicap or DEL} disability.

42-51-10. State coordinating committee on disability rights. -- The commission shall establish a state coordinating committee on disability rights to advise and assist the commission to implement self evaluation and compliance plans as required by federal and state laws protecting the rights of individuals with {DEL handicaps or DEL} disabilities. The committee shall be composed of thirteen (13) members who shall be as follows: one representative of each of the general officers of the state, appointed by that general officer; one representative of the house of representatives, appointed by the speaker of house; one representative of the senate, appointed by the senate majority leader; one representative of the judiciary, appointed by the chief justice of the supreme court; one representative of each of the boards of education, appointed by the chairperson of that board; one representative of the public transit authority, appointed by the chairperson of the authority, and such additional representatives as the chairperson of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} may appoint from the executive branch and the general public. Those persons acting as committee members on July 21, 1992 shall continue to so act until their successors are appointed as herein provided. Each member shall serve at the pleasure of the appointing authority. The chairperson of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} shall preside at meetings of the committee. The executive secretary of the governor's commission on {DEL the handicapped DEL} {ADD disabilities ADD} shall serve as vice-chairperson of the committee.

SECTION 17. Chapter 42-87 of the General Laws entitled "Civil Rights of Individuals with Handicaps" is hereby amended by changing the title of said chapter to read as follows:

SECTION 18. Sections 42-87-1, 42-87-2, 42-87-3, 42-87-4 and 42-87-5 of the General Laws in Chapter 42-87 entitled "Civil Rights of Individuals with Handicaps" are 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 {DEL handicap DEL} {ADD disability ADD} 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 {DEL handicap DEL} {ADD disability ADD} by chapter 5 of title 28.

(b) {DEL "Handicap" DEL} {ADD "Disability" ADD} means any condition or characteristic that renders a person a {DEL handicapped DEL} person {ADD with a disability ADD} as defined in subdivision (b).

(c) {DEL "Handicapped" DEL} {ADD "Disabled ADD} person {ADD with a disability" ADD} 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 {DEL handicapped DEL} person {ADD with a disability ADD} who, with reasonable accommodations, can perform the essential functions of the job in question;

(2) With respect to the rental of property, a {DEL handicapped DEL} person {ADD with a disability ADD} who personally or with assistance arranged by the {DEL handicapped DEL} person {ADD with a disability ADD} 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 {DEL handicapped DEL} person {ADD with a disability ADD} who meets the essential eligibility requirements for participation in or receipt of benefits from the program or activity; and

(4) The fact that an individual has applied for, received or continues to receive private insurance or government assistance based upon his or her {DEL handicap DEL} {ADD disability ADD} 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.

42-87-2. Discrimination prohibited. -- No otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} shall, solely by reason of his or her {DEL handicap DEL} {ADD disability ADD} , be subject to discrimination by any person or entity doing business in the state; nor shall any otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} 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 entity doing business with the state.

42-87-3. Discriminatory acts. -- The discriminatory acts prohibited by section 42-87-2 include, but are not limited to, the following activities:

(a) Notwithstanding any law to the contrary, no person or entity licensed or regulated by the state, or having received financial assistance from the state, or doing business within the state, shall:

(1) Deny an otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} the opportunity to participate in or benefit from any aid, benefit or service;

(2) Afford an otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} an opportunity to participate in or benefit from any aid, benefit, or service that is not equal to that afforded others;

(3) Provide an otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} with an aid, benefit, or service that is not as effective as that provided to others;

(4) Provide different or separate aid, benefits, or services to otherwise qualified {DEL handicapped DEL} persons {ADD with a disability ADD} or to any class of otherwise qualified {DEL handicapped DEL} persons {ADD with a disability ADD} unless that action is necessary to provide otherwise qualified {DEL handicapped DEL} persons {ADD with a disability ADD} with aid, benefits, or services that are as effective as those provided to others;

(5) Aid or perpetuate discrimination against an otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} by providing significant assistance to an agency, organization, or person that discriminates on the basis of {DEL handicap DEL} {ADD disability ADD} in providing any aid, benefit, or service to beneficiaries of the recipients program;

(6) Deny an otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} the opportunity to participate as a member of planning or advisory boards; or

(7) Otherwise limit an otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service.

(b) Notwithstanding any inconsistent terms of any collective bargaining agreement, no otherwise qualified {DEL handicapped DEL} person {ADD with a disability ADD} shall, solely on the basis of {DEL handicap DEL} {ADD disability ADD} , who with reasonable accommodation and with no major cost can perform the essential functions of the job in question, be subjected to discrimination in employment by any person or entity receiving financial assistance from the state, or doing business within the state. The provisions of this subsection apply to the following activities:

(1) Recruitment, advertising, and the processing of applications for employment;

(2) Hiring, upgrading, promotion, award to tenure, demotion, transfer, layoff, termination, right to return from layoff, and rehiring;

(3) Rates of pay or any other form of compensation and changes in compensation;

(4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

(5) Leave of absence, sick leave, or any other leave;

(6) Fringe benefits available by virtue of employment, whether or not administered by the recipient;

(7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

(8) Employer sponsored activities including social or recreational programs; and

(9) Any other term, condition, or privilege of employment.

(c) Any {DEL handicapped DEL} persons {ADD with a disability ADD} shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.

(d) Every {DEL handicapped DEL} person {ADD with a disability ADD} who has a personal assistive animal, or who obtains a personal assistive animal, shall be entitled to full and equal access to all housing and other public accommodations provided for in this chapter and shall not be required to pay extra compensation for personal assistive animal, but shall be liable for any damage done to the premises by a personal assistive animal. For the purposes of this subsection a "personal assistive animal" is an animal specifically trained, by a certified animal training program, to assist a {DEL handicapped DEL} person {ADD with a disability ADD} perform independent living tasks.

(e) No qualified individual with a disability, as defined in the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq., nor any individual or entity because of a known relationship or association with an individual with a disability shall be:

(1) Discriminated against on the basis of {DEL handicap DEL} {ADD disability ADD} in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation or commercial facilities covered by the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.;

(2) Excluded from participation in or be denied the benefits of the services, programs, or activities of, or be subjected to discrimination by a public entity covered by, the Americans with Disabilities Act 42 U.S.C. Section 12101 et seq.;

(3) Subject to discrimination in employment by a public entity or employer covered by the Americans with Disabilities Act 42 U.S.C. Section 12101 et seq.

(f) The application, exemptions, definitions, requirements, standards, and deadlines for compliance with subsection (e) shall be in accordance with the requirements of the Americans with Disabilities Act, 42 U.S.C., Section 12101 et seq. and the federal regulations pertaining to the act, 28 CFR 36, 28 CFR 35, and 29 CFR 1630.

42-87-4. Civil liability. -- (a) Any {DEL handicapped DEL} person {ADD with a disability ADD} who is the victim of discrimination prohibited by this chapter may bring an action in the Superior Court against the person or entity causing the discrimination for equitable relief, compensatory and/or punitive damages or for such other relief as the court deems appropriate.

(b) No {DEL handicapped DEL} person {ADD with a disability ADD} whose action for discrimination is otherwise within the jurisdiction of the commission for human rights under chapter 5 of title 28, chapter 24 of title 11 or chapter 37 of title 34 may bring an action under this section, unless the commission for human rights has failed to act upon that person's complaint within sixty (60) days of filing, or the commission has issued a final order on the complaint.

42-87-5. Enforcement of anti-discrimination provisions. -- (a) Except as specifically set forth in subsections (b) and (c), the Rhode Island commission for human rights is empowered and directed, as hereinafter provided, to prevent any person from violating any of the provisions of sections 42-87-1 -- 42-87-4, inclusive, provided that before instituting a formal hearing it shall attempt by informal methods of conference, persuasion and conciliation, to induce compliance with those sections. Upon the commission's own initiative or whenever an aggrieved individual or an organization chartered for the purpose of combating discrimination or of safeguarding civil liberties or rights of persons with {DEL handicaps DEL} {ADD disabilities ADD} , such individual or organization being hereinafter referred to as the complainant, makes a charge to the commission that any person, agency, bureau, corporation or association, hereinafter referred to as the respondent, has violated or is violating any of the provisions of sections 42-87-1 -- 42-87-4, the commission may proceed in the same manner and with the same powers as provided in sections 28-5-16 -- 28-5-26, inclusive, and the provisions of sections 28-5-13 and 28-5-16 -- 28-5-36, as to the powers, duties and rights of the commission, its members, hearing examiners, the complainant, respondent, interviewer and the court shall apply in any proceedings under this section.

(b) The state building commissioner is empowered and directed to investigate and hear all complaints relating to violations of this chapter concerning the physical inaccessibility of buildings and structures.

The state building commissioner shall have the power and duties to adopt, promulgate, amend and rescind rules and regulations to effectuate the provisions of this section.

(1) Prior to instituting a formal hearing, the commissioner shall attempt by informal methods of conference, persuasion and conciliation, to induce compliance with this chapter. If the complaint or any portion thereof cannot be resolved by such informal methods, the commissioner shall conduct a hearing as provided by this section.

(2) If the hearing officer shall upon all the evidence find that the respondent has not engaged in violations of the civil rights of individuals with {DEL handicaps DEL} {ADD disabilities ADD} caused by the physical inaccessibility of buildings and structures, the hearing official shall state his or her findings of fact and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such respondent.

(3) If upon all the testimony taken, the hearing officer shall determine that the respondent has engaged in violations of the civil rights of individuals with {DEL handicaps DEL} {ADD disabilities ADD} cause by the physical inaccessibility of buildings and structures, then the hearing officer shall state his or her findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent to cease and desist from such unlawful practices, and to take such further affirmative or other action as will effectuate the purposes of this chapter.

(4) Any complainant or respondent claiming to be aggrieved by a final order of the hearing officer may obtain judicial review thereof, any party may obtain an order of court for enforcement of a final order of the hearing officer. Such proceedings shall be brought in the superior court of the state within any county wherein the unlawful practices which are the subject of the hearing officer's order were committed or wherein any respondent, required in the order to cease and desist from unlawful practices or to take other affirmative action resides or transacts business.

(c) The Rhode Island department of education is empowered and directed to hear all complaints relating to violations of this chapter in the area of elementary and secondary education. Those complaints shall be heard in accordance with the process set forth in chapter 39 of title 16.

SECTION 19. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil Rights Act of 1990" is hereby amended to read as follows:

42-112-1. Discrimination prohibited. -- (a) All persons within the state, regardless of race, color, religion, sex, {DEL handicap DEL} {ADD disability ADD} , age, or country of ancestral origin, shall have, except as is otherwise provided or permitted by law, the same rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.

(b) For purposes of this section, the right to "make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and personal property" shall include the making, performance, modification and termination of the contracts and rights concerning real or personal property, and the enjoyment of all benefits, terms, and conditions of the contractual and other relationships.

(c) Nothing contained herein shall be construed to affect chapter 14.1 of title 37, chapter 5.1 of title 28 or any other remedial programs designed to address past societal discrimination.

SECTION 20. This act shall take effect upon passage.