There is established within the executive department a permanent commission to be known as the 'governor's commission on disabilities,' hereinafter referred to as the commission.

History

42-51-2. Composition of commission.

Statute text

The commission shall be composed of a minimum of twenty-four (24) members, and any additional members the governor may appoint. Insofar as practicable, the commission shall consist of state leaders of industry, labor, business, veterans, women, and federal, state, and local governments, and representatives of religious, charitable, business, labor, industrial, fraternal, civic, educational, medical, legal, veterans, welfare, and other professional groups and organizations.

History

42-51-3. Officers.

Statute text

The governor shall designate one member of the commission to serve as its chairperson during the governor's term of office or until he or she appoints another member of the commission to serve in that capacity. The commission shall elect from its own membership a vice-chairperson, who shall serve until his or her successor is elected, and who is authorized to act as chairperson pro tempore of the commission should there be a vacancy for any cause in the office of the chairperson. The commission shall elect from its own membership other officers it deems necessary. The commission shall appoint an executive secretary to serve as executive officer and secretary of the commission, who shall be a full time employee. The commission may appoint additional personnel as may be necessary for the efficient performance of the duties prescribed by this chapter.

History

42-51-4. Term of office.

Statute text

Of the number of members appointed originally under this chapter, one-third (1/3) shall be appointed for a term of one 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 the expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves.

History

42-51-5. Compensation and expenses.

Statute text

The members of the commission 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.

History

42-51-6. Duties.

Statute text

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:

(1) Promoting on behalf of the people with disabilities and assuring, on behalf of the state, that people with disabilities are afforded the opportunities to exercise all of the rights and responsibilities accorded to citizens of this state;

(2) Arousing community interest in the concerns of people with 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;

(3) Coordinating compliance with federal and state laws protecting the rights of individuals with disabilities by state agencies;

(4) Providing technical assistance to public and private agencies, businesses, and citizens in complying with federal and state laws protecting the rights of individuals with disabilities; and

(5) 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 further legislation concerning abuses and discrimination based on disability that may be desirable.

History

Annotations

42-51-6.1. Hearing boards.

(1) The commission's chairperson shall appoint five (5) commissioners as the hearing board for the purpose of conducting hearings and rendering decisions on matters relating to the provisions of chapter 87 of title 42 and sections 37-8-15.1 and 42-46-13 within the jurisdiction of the commission.

(2) Three (3) commissioners shall constitute a quorum of a hearing board.

(3) The hearing board is empowered to:

(i) Receive, investigate, and act upon charges of unlawful practices within its jurisdiction; and

(ii) In connection with any investigation or hearing held on any matter within its jurisdiction to hold hearings, administer oaths, take the testimony of any person under oath, and to require the production for examination of any books and papers relating to any matter under investigation or in question before the hearing board.

42-51-6.2. Committees and mediation teams.

(1) The commission is authorized to create advisory committees and mediation teams to perform tasks within the jurisdiction of the commission.

(2) The commission may itself, or it may empower these committees and mediation teams to:

(i) Study the concerns of people with disabilities in reaching the maximum in independent living and human development and exercising all of the rights and responsibilities accorded to citizens of this state;

(ii) Arouse community interest in the concerns of people with disabilities;

(iii) Foster through community effort or otherwise good will among the groups and elements of the population of the state towards people with disabilities; and

(iv) Attempt by informal methods of conference, persuasion, and conciliation, to induce compliance with matters within the jurisdiction of the commission.

(3) The committees and teams may make recommendations to the commission for the development of policies and procedures in general.

(4) Advisory committees and mediation teams created by the commission shall be composed of representative citizens serving without pay, but with reimbursement for actual and necessary traveling expenses.

(5) Three (3) members of a committee constitutes a quorum for the purpose of conducting the business of that committee.

42-51-7. Gifts, grants, and donations.

Statute text

The commission is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, and to disburse and administer them in accordance with the terms of its program.

History

42-51-8. Transfer of personnel.

Statute text

(a) All of the personnel and employees of the 'governor's committee on employment of the handicapped' shall be transferred to the 'governor's commission on the handicapped'. No person in the classified, non-classified, or unclassified service of the state on May 28, 1985 shall be discharged, separated from service, or downgraded in service by reason of the enactment of this chapter as provided by law or in the personnel rules and regulations of the state applicable to affected personnel.

(b) All of the personnel and employees of the state building commission who enforce § 42-87-5 on the effective date of this act [August 1, 2002] shall be transferred to the governor's commission on disabilities. No person in the classified, non-classified, or unclassified service of the state on the effective date of this act [August 1, 2002] shall be discharged, separated from service, or downgraded in service by reason of the enactment of this act as provided by law or in applicable personnel rules and regulations.

History

Annotations

42-51-9. Definitions.

The following words and terms, unless the context clearly indicates a different meaning, shall have the following meanings:

(1) 'People with disabilities' or 'individuals with disabilities' means any person who:

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

(ii) Has a record of that impairment; or

(iii) Is regarded as having that impairment.

(2) 'Federal and state laws protecting the rights of individuals with 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. I, § 2; the provisions of chapter 87 of title 42 and §§ 23-6-22, 37-8-15, 37-8-15.1 and 42-46-13.

(3) '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.

(4) 'Coordinating compliance' means the authority to:

(i) Issue guidelines, directives, or instructions that are necessary to effectuate compliance with federal and state laws protecting the rights of individuals with 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 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 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.

(5) 'Providing technical assistance to public and private agencies, businesses, and citizens on complying with federal and state laws protecting the rights of individuals with disabilities' means information dissemination and training designed to encourage the voluntary compliance with laws protecting the rights of individuals with disabilities; conducting disability accessibility surveys and providing advice on how to overcome any barriers to accessibility; and a mediation service to assist parties who voluntarily chose to utilize that service to resolve allegations of discrimination on the basis of disability.

(6) 'Promoting on behalf of the people with disabilities and assuring, on behalf of the state, that people with disabilities are afforded the opportunities to exercise all of the rights and responsibilities accorded to citizens of this state' means the authority to act and appear on behalf of the people with disabilities to present evidence and make arguments before any federal, state or local agency or public body regarding matters pending before that agency or public body that may have an adverse effect on persons with disabilities.

History

Annotations

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 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 president of the senate; 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 those additional representatives the chairperson of the governor's commission on disabilities 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. Each member shall serve at the pleasure of the appointing authority. The chairperson of the governor's commission on disabilities shall preside at meetings of the committee. The executive secretary of the governor's commission on disabilities shall serve as vice chairperson of the committee.

History

Annotations

42-51-11. Mary Brennan fellowship fund.

(a) There is established the Mary Brennan fellowship fund ('the fellowship fund'), which shall be utilized to create a fellowship program for college students with disabilities.

(b) These fellowships shall provide a semester-long, part-time placement with the commission in RI, working on disability policy and research. Each fellow will be assigned to a specific placement, providing assistance to the commission in disability policy. Mentor experiences will introduce the fellows to disability policy issues and actions at the local, state and federal levels. The fellowships will offer students an opportunity to:

(1) Gain perspective on the role and responsibility of the commission;

(2) Knowledge of national/state disability programs;

(3) Policy issues and research;

(4) Meet with decision makers, experts and critics in disability and related policy fields; and

(5) Develop networks with local, regional, and national based experts, and researchers who can assist in career development and future endeavors.

(c) The commission will provide each fellow with a stipend of at least one thousand five hundred dollars ($1,500) and reimbursement for authorized travel.

(d) This fellowship program is designed for individuals with demonstrated leadership and expertise in policy and research affecting people with disabilities. Applicants must have:

(1) Completed at least three (3) semesters of college-level study;

(2) Be enrolled as a full or part-time student in an accredited college or university in Rhode Island;

(3) Leadership ability;

(4) The endorsement of a current/former supervisor;

(5) Approval on the part of the college/university to receive credit for the fellowship if selected; and

(6) The ability to participate in the semester-long program in Providence for at least two hundred and forty (240) hours during the spring and fall semesters or in the summer.

(e) The commission shall give preference in its selection of fellows to Rhode Island residents who are:

(1) College students with disabilities, and then to

(2) College students enrolled in a course of study in education and/or human services for persons with disabilities.

(f) The general assembly shall appropriate ten thousand dollars ($10,000) for the fiscal year ending June 30, 1998 and annually the sums it deems necessary to implement the purposes of this section.

(g) The commission is authorized and empowered to receive donations and grants from sources including, but not limited to, the federal government, governmental and private foundations, and corporate and individual donors; these donations and grants to be deposited in the fellowship fund. The commission may create additional fellowships from available funds.

History

RI Constitution

Article I. Declaration Of Certain Constitutional Rights And Principles

Section 2. Laws for good of whole - Burdens to be equally distributed - Due process - Equal protection - Discrimination - No right to abortion granted.

All free governments are instituted for the protection, safety, and happiness of the people. All laws, therefore, should be made for the good of the whole; and the burdens of the state ought to be fairly distributed among its citizens. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection of the laws. No otherwise qualified person shall, solely by reason of race, gender or handicap be subject to discrimination by the state, its agents or any person or entity doing business with the state. Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.

Title 23 Health and Safety

Chapter 6 Prevention And Suppression Of Contagious Diseases

23-6-11. Definitions.

As used in §§ 23-6-10 - 23-6-24:

(1) "AIDS" means the medical condition known as acquired immune deficiency syndrome, caused by infection of an individual by the human immunodeficiency virus (HIV).

(2) (i) "Exposure evaluation group" means three (3) impartial health care providers designated to determine if a health care provider has been involved in a significant exposure. No member of the group shall be directly involved in the exposure.

(ii) For inpatient services in a licensed health care facility hospital setting the group shall consist of the patient's attending physician or designee, the chief of service or designee and a staff nurse. For other non-inpatient exposures in a licensed health care facility, the third member of the exposure evaluation group shall be a representative from the employee health office. If the exposure involves the attending physician, another physician shall be designated by the chief of service.

(iii) In any other licensed health care facility or in a private office of a physician the group shall consist of three (3) physicians.

(3) "HIV" means the human immunodeficiency virus, the pathogenic organism responsible for the acquired immunodeficiency syndrome (AIDS).

(4) "HIV informed consent form" means a standardized form provided by the Rhode Island department of health. The form shall be developed by the department and shall contain the following information:

(i) The public health rationale for HIV testing;

(ii) The availability and cost of HIV testing and counseling;

(iii) That test results are confidential with certain exceptions;

(iv) A list of exceptions to confidentiality of test results;

(v) That the test is voluntary and that an informed consent form must be signed before testing;

(vi) That by signing this form the person is only acknowledging that the AIDS test and counseling have been offered.

(5) "HIV test" means any currently medically accepted diagnostic test for determining infection of an individual by HIV.

(6) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, state or political subdivision or instrumentality of a state.

(7) "Physician" means a person licensed to practice allopathic or osteopathic medicine pursuant to the provisions of chapter 37 of title 5.

(8) "Services" means health care and social support services.

(P.L. 1988, ch. 405, § 1; P.L. 1989, ch. 411, § 1; P.L. 2000, ch. 171, § 1.)

23-6-22. Discrimination prohibited.

No person, agency, organization, or corporate body may discriminate against a person on the basis of a positive HIV test result, or perception of a positive test, in housing, employment, the granting of credit, public accommodation, or delivery of services, nor shall an HIV test be required as a condition of employment, except where nondiscrimination can be shown, on the testimony of competent medical authorities, to constitute a clear and present danger of HIV transmission to others.

Title 28 Labor and Labor Relations

Chapter 5.1 Equal Opportunity And Affirmative Action

28-5.1-1. Declaration of policy - Annual reports - Applicability to collective bargaining agreements.

(a) (1) Equal opportunity and affirmative action toward its achievement is the policy of all units of Rhode Island state government, including all public and quasi-public agencies, commissions, boards and authorities; and in the classified, unclassified, and nonclassified services of state employment. This policy applies in all areas where the state dollar is spent, in employment, public service, grants and financial assistance, and in state licensing and regulation. All policies, programs, and activities of state government are periodically reviewed and revised to assure their fidelity to this policy.

(2) Each department head makes a report to the governor and the general assembly not later than September 30 of each year on the statistical results of the implementation of this chapter and to the state equal opportunity office; provided, that the mandatory provisions of this section do not apply to the legislative branch of state government.

(b) This chapter in no way impair any contract or collective bargaining agreement currently in effect. Any contract or collective bargaining agreements entered into or renewed after July 6, 1994 are subject to the provisions of this chapter.

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, gender identity or expression, age, national origin, or disability. 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 labor and training, the governor's commission on disabilities, the advisory commission on women, and the Rhode Island 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 will remedy any situations or programs which have a negative impact on protected classes within the state.

Title 37 Public Properties and Works

Chapter 2 State Purchases

37-2-7. Definitions.

The words defined in this section have the meanings set forth below whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section, group of sections, or provision:

(16) "Public agency" shall mean the Rhode Island industrial recreational building authority, the Rhode Island economic development corporation, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit authority, the Rhode Island student loan authority, the Howard development corporation, the water resources board corporate, the Rhode Island health and education building corporation, the Rhode Island higher education assistance authority, the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the Narragansett Bay water quality management district commission, the Rhode Island telecommunications authority, the convention center authority, the Channel 36 foundation, the Rhode Island lottery commission their successors and assigns, any other body corporate and politic which has been or will be created or established within this state excepting cities and towns, and the board of governors for higher education for all purchases which are funded by restricted, sponsored, or auxiliary monies.

(28) "State agency" means any department, commission, council, board, bureau, committee, institution, or other governmental entity of the executive or judicial branch of this state not otherwise established as a body corporate and politic, and includes, without limitation, the board of governors for higher education except for purchases which are funded by restricted, sponsored, or auxiliary moneys and the board of regents for elementary and secondary education.

(29) "Governmental entity" means any department, commission, council, board, bureau, committee, institution, legislative body, agency, or government corporation of the executive, legislative, or judicial branches of state, federal, and/or local governments.