It is enacted by the General Assembly as follows:

SECTION 1. Sections 42-87-2 and 42-87-5 of the General Laws in Chapter 42-87 entitled "Discrimination Against Handicapped" are hereby amended to read as follows:

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

{ADD 42-87-5. Enforcement of anti-discrimination provisions. -- ADD} (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 Rhode Island General Laws 42-87-1 to 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 handicaps, 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 Rhode Island General Laws 42-87-1 to 42-87-4, inclusive, the commission may proceed in the same manner and with the same powers as provided in Rhode Island General Laws 28-5-16 to 28-5-26, inclusive, and the provisions of Rhode Island General Laws 28-5-13 and 28-5-16 to 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 handicaps 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 handicaps 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 {DEL part DEL} {ADD party ADD} 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 2. This act shall take effect upon passage.