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art.003/12/003/11/003/10/003/9/003/8/003/7/003/6/003/5/003/4/003/1 | ||
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1 | ARTICLE 3 AS AMENDED | |
2 | RELATING TO GOVERNMENT REFORM AND REORGANIZATION | |
3 | SECTION 1. Section 3-7-14.2 of the General Laws in Chapter 3-7 entitled "Retail | |
4 | Licenses" is hereby amended to read as follows: | |
5 | 3-7-14.2. Class P licenses -- Caterers. | |
6 | (a) A caterer licensed by the department of health and the division of taxation shall be | |
7 | eligible to apply for a Class P license from the department of business regulation. The department | |
8 | of business regulation is authorized to issue all caterers' licenses. The license will be valid | |
9 | throughout this state as a state license and no further license will be required or tax imposed by any | |
10 | city or town upon this alcoholic beverage privilege. Each caterer to which the license is issued shall | |
11 | pay to the department of business regulation an annual fee of five hundred dollars ($500) for the | |
12 | license, and one dollar ($1.00) for each duplicate of the license, which fees are paid into the state | |
13 | treasury. The department is authorized to promulgate rules and regulations for the implementation | |
14 | of this license. In promulgating said rules, the department shall include, but is not limited to, the | |
15 | following standards: | |
16 | (1) Proper identification will be required for individuals who look thirty (30) years old or | |
17 | younger and who are ordering alcoholic beverages; | |
18 | (2) Only valid ID's as defined by these titles are acceptable; | |
19 | (3) An individual may not be served more than two (2) drinks at a time; | |
20 | (4) Licensee's, their agents, or employees will not serve visibly intoxicated individuals; | |
21 | (5) Licensee's may only serve alcoholic beverages for no more than a five (5) hour period | |
22 | per event; | |
23 | (6) Only a licensee, or its employees, may serve alcoholic beverages at the event; | |
24 | (7) The licensee will deliver and remove alcoholic beverages to the event; and | |
25 | (8) No shots or triple alcoholic drinks will be served. | |
26 | (b) Any bartender employed by the licensee shall be certified by a nationally recognized | |
27 | alcohol beverage server training program. | |
28 | (c) The licensee shall purchase at retail all alcoholic beverages from a licensed Class A | |
29 | alcohol retail establishment located in the state, provided, however, any licensee who also holds a | |
30 | Class T license, issued pursuant to the provisions of § 3-7-7, shall be allowed to purchase | |
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1 | alcoholic beverages at wholesale. Any person violating this section shall be fined five hundred | |
2 | dollars ($500) for this violation and shall be subject to license revocation. The provisions of this | |
3 | section shall be enforced in accordance with this title. | |
4 | (d) Violation of subsection (a) of this section is punishable upon conviction by a fine of | |
5 | not more than five hundred dollars ($500). Fines imposed under this section shall be paid to the | |
6 | department of business regulation. | |
7 | SECTION 2. Sections 5-2-1, 5-2-2, 5-2-3 and 5-2-9 of the General Laws in Chapter 5-2 | |
8 | entitled "Bowling Alleys, Billiard Tables, and Shooting Galleries" are hereby amended to read as | |
9 | follows: | |
10 | 5-2-1. City and town regulation and taxation of bowling alleys and billiard tables City | |
11 | and town regulation and taxation of bowling alleys and establishments with three (3) or more | |
12 | billiard tables. | |
13 | The town and city councils of the several towns and cities may tax, regulate, and, if they | |
14 | find it expedient, prohibit and suppress, bowling alleys and establishments with three (3) or more | |
15 | billiard tables in their respective cities and towns, conforming to law. | |
16 | 5-2-2. Refusal of bowling alley, box ball alley, or billiard table keeper to comply with | |
17 | order of the city or town council. | |
18 | The keeper of any bowling alley, box ball alley, or establishment with three (3) or more | |
19 | billiard table tables who refuses or neglects to comply with an order or decree relating to it, which | |
20 | any city or town council is authorized to make, shall be fined fifty dollars ($50.00). | |
21 | 5-2-3. Keeper of bowling alley, box ball alley, or billiard table defined. | |
22 | The owner or occupant of the premises on which any bowling alley, box ball alley, or three | |
23 | (3) or more billiard table is tables are situated is deemed the keeper of that bowling alley, box ball | |
24 | alley, or (3) or more billiard table tables, within the meaning of the provisions of this chapter. | |
25 | 5-2-9. Sunday operation of bowling alleys and billiard tables. | |
26 | (a) Town or city councils or licensing authorities in any city or town may permit licensees | |
27 | operating bowling alleys, or persons paying a tax for the operation of a bowling alley, to operate | |
28 | rooms or places where bowling, or playing of billiards, or pocket billiards at establishments with | |
29 | three (3) or more billiard tables for a fee or charge may be engaged in by patrons of those rooms or | |
30 | places on the first day of the week, subject to any restrictions and regulations that the city or town | |
31 | council or licensing authority designates; provided, that the operation of bowling alleys or rooms | |
32 | or places where bowling, playing of billiards, or pocket billiards at establishments with three (3) or | |
33 | more billiard tables for a fee or charge is permitted on the first day of the week only between the | |
34 | hours of one o'clock (1:00) p.m. and twelve o'clock (12:00) midnight; and provided, that no bowling | |
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1 | alley or rooms or places where bowling, playing of billiards, or pocket billiards for a fee or charge | |
2 | is operated on the first day of the week within two hundred feet (200') of a place of public worship | |
3 | used for public worship. | |
4 | (b) The operation of any bowling alley, room, or place between any hour on the last day of | |
5 | the week and one o'clock (1:00) a.m. on the first day of the week is not a violation of this section. | |
6 | SECTION 3. Chapter 5-2 of the General Laws entitled "Bowling Alleys, Billiard Tables, | |
7 | and Shooting Galleries" is hereby amended by adding thereto the following section: | |
8 | 5-2-3.1. Billiard table defined. | |
9 | As used in this chapter, the term "billiard table" means and shall include billiard tables, | |
10 | pool tables, and pocket billiard tables. | |
11 | SECTION 4. Chapter 5-12 of the General Laws entitled "Hide and Leather Inspection" is | |
12 | hereby repealed. | |
13 | 5-12-1. Town and city inspectors. | |
14 | There may be annually elected by the town councils of the several towns and by the city | |
15 | councils of Providence and Newport an officer to be denominated "inspector of hides and leather," | |
16 | who shall be sworn to the faithful discharge of his or her duties. | |
17 | 5-12-2. Inspection and stamping of hides and leather. | |
18 | City and town inspectors of hides and leather shall examine and inspect all hides and leather | |
19 | that they may be called upon to inspect, within their towns or cities, and stamp upon the inspected | |
20 | hides or leather their quality, as rated in the hides and leather trade, together with the name of the | |
21 | inspector and date of inspection. | |
22 | 5-12-3. Inspection fees. | |
23 | The fee of the inspector shall be at the rate of one dollar ($1.00) per hour for each hour | |
24 | actually employed, paid by the person employing him or her; provided, that not more than five (5) | |
25 | hours shall be paid for by one employer for the same day. | |
26 | 5-12-4. Misconduct by inspectors. | |
27 | Every inspector appointed under the provisions of this chapter who willfully stamps any | |
28 | hides or leather as of a grade above or below that at which it is properly ratable, shall forfeit and | |
29 | pay a penalty of one hundred dollars ($100) and is liable to an action at law for damages to any | |
30 | person injured from the action. | |
31 | SECTION 5. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of | |
32 | Interpreters for the Deaf" is hereby amended to read as follows: | |
33 | 5-71-8. Qualifications of applicants for licenses. | |
34 | (a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator, | |
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1 | the applicant must submit written evidence on forms furnished by the department, verified by oath, | |
2 | that the applicant meets all of the following requirements: | |
3 | (1) Is of good moral character; | |
4 | (2) Meets the screened requirements as defined in regulations promulgated by the | |
5 | department or meets the certification requirements set forth by RID or its successor agency | |
6 | approved by the department in consultation with the board; | |
7 | (3) Pays the department a license fee as set forth in § 23-1-54; | |
8 | (4) Adheres to the National Association of the Deaf (NAD) and the Registry of Interpreters | |
9 | for the Deaf, Inc. (RID) code of professional conduct; and | |
10 | (5) Provides verification of a background check with the bureau of criminal investigation | |
11 | in the office of attorney general at the time of the initial application for license. | |
12 | (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the | |
13 | applicant must meet all of the requirements as described in subsection (a) and must further present | |
14 | proof of successful completion of the educational interpreter performance assessment (EIPA), | |
15 | written and performance tests, or a similar test as approved by the board, at a performance level | |
16 | established by the board. | |
17 | (c) An individual whose license, certification, permit, or equivalent form of permission | |
18 | issued within another state has been revoked, suspended, or currently placed on probation shall not | |
19 | be eligible for consideration for licensure unless they have first disclosed to the department about | |
20 | such disciplinary actions. | |
21 | SECTION 6. Sections 9-5-10.1, 9-5-10.5 and 9-5-10.6 of the General Laws in Chapter 9- | |
22 | 5 entitled "Writs, Summons and Process" are hereby amended to read as follows: | |
23 | 9-5-10.1. Certification of constables. | |
24 | (a) (1) A person at least twenty-one (21) years of age who complies with the statute and | |
25 | the requirements set forth in any regulations promulgated by the department of business regulation | |
26 | may file an application with the department requesting that the applicant be certified as a constable. | |
27 | Once issued by the department, the certification shall be effective for a period of two (2) years or | |
28 | until the approval is withdrawn by the department. A certified constable shall be entitled to serve | |
29 | or execute writs and process in such capacity for any court of the state, anywhere in the state, | |
30 | subject to any terms and limitations as set forth by the court, and in such number as determined by | |
31 | the chief judge of the district court. | |
32 | (2) A person to be certified as a constable shall provide documentation and evidence | |
33 | satisfactory to the department of business regulations that the person possesses the specified | |
34 | minimum qualifications to include: | |
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1 | (i) Sixty (60) hours of earned credit from an accredited college, university, or institution; | |
2 | or | |
3 | (ii) Four (4) years of honorable military service; or | |
4 | (iii) Twenty (20) years of honorable service with a local, state, or federal law enforcement | |
5 | agency; and | |
6 | (iv) United State citizenship; and | |
7 | (v) Possession of a valid motor vehicle operator's license; and | |
8 | (vi) Successful completion of unlawful drug use screening; and | |
9 | (vii) Successful completion of psychological testing approved by the department of | |
10 | business regulation. | |
11 | (b) Certification process. | |
12 | (1) Application. | |
13 | (i) Any person seeking certification pursuant to this section shall complete an application | |
14 | and submit it to the department of business regulation in the form designated by the department for | |
15 | such applications. | |
16 | (ii) The application shall include information determined by the department to be relevant | |
17 | to licensure and shall include a national criminal background check. | |
18 | (2) Referral to certified constables' board. Once the applicant has provided a completed | |
19 | application, the department shall refer the applicant to the certified constables' board by providing | |
20 | a copy of the application to the board and to the chief judge of the district court. | |
21 | (3) Training. | |
22 | (i) Following review of the application, the board shall determine whether the applicant | |
23 | should be recommended for training by the board to be conducted by a volunteer training constable. | |
24 | If the board determines that training is appropriate, the applicant shall be assigned to a training | |
25 | constable who shall be a constable in good standing for a minimum of ten (10) years and who is | |
26 | approved by the chief judge of the district court to train prospective constables department. | |
27 | (ii) Training shall consist of a minimum of ninety (90) hours to be completed no sooner | |
28 | than ninety (90) days from the date of the referral by the board. The department may waive the | |
29 | training requirement of this section for an applicant who has graduated from a certified police or | |
30 | law enforcement academy and who has a minimum of twenty (20) years of honorable service as a | |
31 | police or law enforcement officer. | |
32 | (iii) Within thirty (30) days from the conclusion of training, a written report shall be | |
33 | submitted by the training constable to the board with a copy to the department that reflects the dates | |
34 | and times of training and comments on the aptitude of the trainee. | |
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1 | (iv) If the board concludes that training is not appropriate or if the report of the training | |
2 | constable concludes that the applicant does not have the aptitude to perform the duties of a | |
3 | constable, the board shall so inform the department which shall deny the application on that basis. | |
4 | (4) Oral and written tests. | |
5 | (i) Upon the successful completion of the training period and recommendation from the | |
6 | training constable, within ninety (90) days, the applicant shall complete an oral examination on the | |
7 | legal and practical aspects of certified constables' duties that shall be created and administered by | |
8 | the board. | |
9 | (ii) Upon the successful completion of the oral examination, within sixty (60) days the | |
10 | applicant must complete a written test created by the board and approved by the chief judge of the | |
11 | district court department that measures the applicant's knowledge of state law and court procedure. | |
12 | (iii) If the board concludes that the applicant has not successfully passed either the oral or | |
13 | written test, the board shall so inform the department which shall deny the application on that basis. | |
14 | (5) Final review. The department shall review the application, training record, test scores, | |
15 | and such other information or documentation as required and shall determine whether the applicant | |
16 | shall be approved for certification and the person authorized to serve process in the state. | |
17 | (c) Any person certified as a constable on the effective date of this act shall continue to be | |
18 | certified without complying with the certification requirements prescribed by this act. | |
19 | 9-5-10.5. Suspension, revocation or review of certification of certified constables. | |
20 | (a) Upon the receipt of a written complaint, request of the board, request of a judge of any | |
21 | court, or upon its own initiative, the department shall ascertain the facts and, if warranted, hold a | |
22 | hearing for the reprimand, suspension, or revocation of a certification. The director, or his or her | |
23 | designee, has the power to refuse a certification for cause or to suspend or revoke a certification or | |
24 | place an applicant on probation for any of the following reasons: | |
25 | (1) The certification was obtained by false representation or by fraudulent act or conduct; | |
26 | (2) Failure to report to the department any of the following within thirty (30) days of the | |
27 | occurrence: | |
28 | (i) Any criminal prosecution taken in any jurisdiction. The constable shall provide the | |
29 | initial complaint filed and any other relevant legal documents; | |
30 | (ii) Any change of name, address or other contact information; | |
31 | (iii) Any administrative action taken against the constable in any jurisdiction by any | |
32 | government agency within or outside of this state. The report shall include a copy of all relevant | |
33 | legal documents. | |
34 | (3) Failure to respond to the department within ten (10) days to any written inquiry from | |
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1 | the department; | |
2 | (4) Where a certified constable, in performing or attempting to perform any of the acts | |
3 | mentioned in this section, is found to have committed any of the following: | |
4 | (i) Inappropriate conduct that fails to promote public confidence, including failure to | |
5 | maintain impartiality, equity, and fairness in the conduct of his or her duties; | |
6 | (ii) Neglect, misfeasance, or malfeasance of his or her duties; | |
7 | (iii) Failure to adhere to court policies, rules, procedures, or regulations; | |
8 | (iv) Failure to maintain the highest standards of personal integrity, honesty, and | |
9 | truthfulness, including misrepresentation, bad faith, dishonesty, incompetence, or an arrest or | |
10 | conviction of a crime. | |
11 | (5) A copy of the determination of the director of department of business regulation, or his | |
12 | or her designee, shall be forwarded to the chief judge of the district court within ten (10) business | |
13 | days. | |
14 | (b) Nothing herein shall be construed to prohibit the chief of any court from suspending | |
15 | the certification of a constable to serve process within his or her respective court pending the | |
16 | outcome of an investigation consistent with the provisions of chapter 35 of title 42. | |
17 | (c) The department is authorized to levy an administrative penalty not exceeding one | |
18 | thousand dollars ($1,000) for each violation for failure to comply with the provisions of this chapter | |
19 | or with any rule or regulation promulgated by the department. | |
20 | 9-5-10.6. Certified constables' board. | |
21 | (a) There shall be created a certified constables' board that shall review each applicant and | |
22 | recommend him or her for training, conduct the oral examination of each applicant, and that shall | |
23 | serve as a resource to the chief judge and the department in the consideration of the practical aspects | |
24 | of constable practice. The board shall consist of five (5) members appointed by the governor: two | |
25 | (2) who shall be constables in good standing who have served for at least ten (10) years, one of | |
26 | whom shall be appointed recommended by the Rhode Island Constables, Inc. and one appointed | |
27 | recommended by the Rhode Island Constables Association; and three (3) attorneys who shall be | |
28 | licensed to practice law by the supreme court in good standing who shall be appointed by the chief | |
29 | judge of the district court. Members of the constables' board shall serve for terms of five (5) years | |
30 | until a successor is appointed and qualified. | |
31 | (b) A representative of the board may attend hearings in order to furnish advice to the | |
32 | department. The board may also consult with the department of business regulation from time to | |
33 | time on matters relating to constable certification. | |
34 | SECTION 7. Chapter 28.10 of the General Laws entitled "Opioid Stewardship Act" is | |
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1 | hereby amended by adding thereto the following section: | |
2 | 21-28.10-14. Transfer of powers and duties. | |
3 | The employee responsible for performing fiscal functions associated with the management | |
4 | of the opioid stewardship fund within the department of health shall be transferred to the executive | |
5 | office. | |
6 | SECTION 8. Sections 21-28.10-1, 21-28.10-2, 21-28.10-3, 21-28.10-4, 21-28.10-5, 21- | |
7 | 28.10-6, 21-28.10-7, 21-28.10-8, 21-28.10-9, 21-28.10-10, 21-28.10-11 and 21-28.10-13 of the | |
8 | General Laws in Chapter 28.10 entitled "Opioid Stewardship Act" are hereby amended to read as | |
9 | follows: | |
10 | 21-28.10-1. Definitions. | |
11 | Unless the context otherwise requires, the following terms shall be construed in this chapter | |
12 | to have the following meanings: | |
13 | (1) "Department" means the Rhode Island department of health. | |
14 | (2) "Director" means the director of the Rhode Island department of health. | |
15 | (3)(1) "Distribute" means distribute as defined in § 21-28-1.02. | |
16 | (4)(2) "Distributor" means distributor as defined in § 21-28-1.02. | |
17 | (5)(3) "Executive Office" means the executive office of health and human services. | |
18 | (5)(4) "Manufacture" means manufacture as defined in § 21-28-1.02. | |
19 | (6)(5) "Manufacturer" means manufacturer as defined in § 21-28-1.02. | |
20 | (7)(6) "Market share" means the total opioid stewardship fund amount measured as a | |
21 | percentage of each manufacturer's, distributor's and wholesaler's gross, in-state opioid sales in | |
22 | dollars from the previous calendar year as reported to the U.S. Drug Enforcement Administration | |
23 | (DEA) on its Automation of Reports and Consolidated Orders System (ARCOS) report. | |
24 | (7) "Secretary" means the secretary of the executive office of health and human services. | |
25 | (8) "Wholesaler" means wholesaler as defined in § 21-28-1.02. | |
26 | 21-28.10-2. Opioid registration fee imposed on manufacturers, distributors, and | |
27 | wholesalers. | |
28 | All manufacturers, distributors, and wholesalers licensed or registered under this title or | |
29 | chapter 19.1 of title 5 (hereinafter referred to as "licensees"), that manufacture or distribute opioids | |
30 | shall be required to pay an opioid registration fee. On an annual basis, the director secretary shall | |
31 | certify the amount of all revenues collected from opioid registration fees and any penalties imposed, | |
32 | to the general treasurer. The amount of revenues so certified shall be deposited annually into the | |
33 | opioid stewardship fund restricted receipt account established pursuant to § 21-28.10-10. | |
34 | 21-28.10-3. Determination of market share and registration fee. | |
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1 | (1) The total opioid stewardship fund amount shall be five million dollars ($5,000,000) | |
2 | annually, subject to downward adjustments pursuant to § 21-28.10-7. | |
3 | (2) Each manufacturer's, distributor's, and wholesaler's annual opioid registration fee shall | |
4 | be based on that licensee's in-state market share. | |
5 | (3) The following sales will not be included when determining a manufacturer's, | |
6 | distributor's, or wholesaler's market share: | |
7 | (i) The gross, in-state opioid sales attributed to the sale of buprenorphine or methadone; | |
8 | (ii) The gross, in-state opioid sales sold or distributed directly to opioid treatment | |
9 | programs, data-waivered practitioners, or hospice providers licensed pursuant to chapter 17 of title | |
10 | 23; | |
11 | (iii) Any sales from those opioids manufactured in Rhode Island, but whose final point of | |
12 | delivery or sale is outside of Rhode Island; | |
13 | (iv) Any sales of anesthesia or epidurals as defined in regulation by the department; and | |
14 | (v) Any in-state intracompany transfers of opioids between any division, affiliate, | |
15 | subsidiary, parent, or other entity under complete and common ownership and control. | |
16 | (4) The department executive office shall provide to the licensee, in writing, on or before | |
17 | October 15, 2019 annually, the licensee's market share for the 2018 previous calendar year. | |
18 | Thereafter, tThe department executive office shall notify the licensee, in writing, on or before | |
19 | October 15 of each year, of its market share for the prior calendar year based on the opioids sold | |
20 | or distributed for the prior calendar year. | |
21 | 21-28.10-4. Reports and records. | |
22 | (a) Each manufacturer, distributor, and wholesaler licensed to manufacture or distribute | |
23 | opioids in the state of Rhode Island shall provide to the director secretary a report detailing all | |
24 | opioids sold or distributed by that manufacturer or distributor in the state of Rhode Island. Such | |
25 | report shall include: | |
26 | (1) The manufacturer's, distributor's, or wholesaler's name, address, phone number, DEA | |
27 | registration number, and controlled substance license number issued by the department; | |
28 | (2) The name, address, and DEA registration number of the entity to whom the opioid was | |
29 | sold or distributed; | |
30 | (3) The date of the sale or distribution of the opioids; | |
31 | (4) The gross receipt total, in dollars, of all opioids sold or distributed; | |
32 | (5) The name and National Drug Code of the opioids sold or distributed; | |
33 | (6) The number of containers and the strength and metric quantity of controlled substance | |
34 | in each container of the opioids sold or distributed; and | |
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1 | (7) Any other elements as deemed necessary or advisable by the director secretary. | |
2 | (b) Initial and future reports. This information shall be reported annually to the department | |
3 | executive office via ARCOS or in such other form as defined or approved by the director secretary; | |
4 | provided, however, that the initial report provided pursuant to subsection (a) shall consist of all | |
5 | opioids sold or distributed in the state of Rhode Island for the 2018 calendar year, and shall be | |
6 | submitted by September 1, 2019. Subsequent annual reports shall be submitted by April 15 of each | |
7 | year based on the actual opioid sales and distributions of the prior calendar year. | |
8 | 21-28.10-5. Payment of market share. | |
9 | The licensee shall make payments annually to the department executive office with the first | |
10 | payment of its market share due on December 31, 2019; provided, that the amount due on December | |
11 | 31, 2019, shall be for the full amount of the payment for the 2018 calendar year, with subsequent | |
12 | payments to be due and owing on the last day of every year thereafter. | |
13 | 21-28.10-6. Rebate of market share. | |
14 | In any year for which the director secretary determines that a licensee failed to report | |
15 | information required by this chapter, those licensees complying with this chapter shall receive a | |
16 | reduced assessment of their market share in the following year equal to the amount in excess of any | |
17 | overpayment in the prior payment period. | |
18 | 21-28.10-7. Licensee opportunity to appeal. | |
19 | (a) A licensee shall be afforded an opportunity to submit information to the department | |
20 | secretary documenting or evidencing that the market share provided to the licensee (or amounts | |
21 | paid thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The | |
22 | department executive office may consider and examine such additional information that it | |
23 | determines to be reasonably related to resolving the calculation of a licensee's market share, which | |
24 | may require the licensee to provide additional materials to the department executive office. If the | |
25 | department executive office determines thereafter that all or a portion of such market share, as | |
26 | determined by the director secretary pursuant to § 21-28.10-3(4), is not warranted, the department | |
27 | executive office may: | |
28 | (1) Adjust the market share; | |
29 | (2) Adjust the assessment of the market share in the following year equal to the amount in | |
30 | excess of any overpayment in the prior payment period; or | |
31 | (3) Refund amounts paid in error. | |
32 | (b) Any person aggrieved by a decision of the department executive office relating to the | |
33 | calculation of market share may appeal that decision to the superior court, which shall have power | |
34 | to review such decision, and the process by which such decision was made, as prescribed in chapter | |
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1 | 35 of title 42. | |
2 | (c) A licensee shall also have the ability to appeal its assessed opioid registration fee if the | |
3 | assessed fee amount exceeds the amount of profit the licensee obtains through sales in the state of | |
4 | products described in § 21-28.10-3. The department executive office may, exercising discretion as | |
5 | it deems appropriate, waive or decrease fees as assessed pursuant to § 21-28.10-3 if a licensee can | |
6 | demonstrate that the correctly assessed payment will pose undue hardship to the licensee's | |
7 | continued activities in state. The department executive office shall be allowed to request, and the | |
8 | licensee shall furnish to the department, any information or supporting documentation validating | |
9 | the licensee's request for waiver or reduction under this subsection. Fees waived under this section | |
10 | shall not be reapportioned to other licensees which have payments due under this chapter. | |
11 | 21-28.10-8. Departmental annual reporting Annual reporting. | |
12 | By January of each calendar year, the department of health, the department of behavioral | |
13 | healthcare, developmental disabilities and hospitals (BHDDH), the executive office of health and | |
14 | human services (EOHHS), the department of children, youth and families (DCYF), the Rhode | |
15 | Island department of education (RIDE), the Rhode Island office of veterans services, the | |
16 | department of corrections (DOC), the department of labor and training (DLT), and any other | |
17 | department or agency receiving opioid stewardship funds shall report annually to the governor, the | |
18 | speaker of the house, and the senate president which programs in their respective departments were | |
19 | funded using monies from the opioid stewardship fund and the total amount of funds spent on each | |
20 | program. | |
21 | 21-28.10-9. Penalties. | |
22 | (a) The department executive office may assess a civil penalty in an amount not to exceed | |
23 | one thousand dollars ($1,000) per day against any licensee that fails to comply with this chapter. | |
24 | (b) (1) In addition to any other civil penalty provided by law, where a licensee has failed | |
25 | to pay its market share in accordance with § 21-28.10-5, the department executive office may also | |
26 | assess a penalty of no less than ten percent (10%) and no greater than three hundred percent (300%) | |
27 | of the market share due from such licensee. | |
28 | (2) In addition to any other criminal penalty provided by law, where a licensee has failed | |
29 | to pay its market share in accordance with § 21-28.10-5, the department executive office may also | |
30 | assess a penalty of no less than ten percent (10%) and no greater than fifty percent (50%) of the | |
31 | market share due from such licensee. | |
32 | 21-28.10-10. Creation of opioid stewardship fund. | |
33 | (a) There is hereby established, in the custody of the department, executive office, a | |
34 | restricted-receipt account to be known as the "opioid stewardship fund." | |
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| |
1 | (b) Monies in the opioid stewardship fund shall be kept separate and shall not be | |
2 | commingled with any other monies in the custody of the department executive office. | |
3 | (c) The opioid stewardship fund shall consist of monies appropriated for the purpose of | |
4 | such account; monies transferred to such account pursuant to law; contributions consisting of | |
5 | promises or grants of any money or property of any kind or value, or any other thing of value, | |
6 | including grants or other financial assistance from any agency of government; and monies required | |
7 | by the provisions of this chapter or any other law to be paid into or credited to this account. | |
8 | (d) Monies of the opioid stewardship fund shall be available to provide opioid treatment, | |
9 | recovery, prevention, education services, and other related programs, subject to appropriation by | |
10 | the general assembly. | |
11 | (e) The budget officer is hereby authorized to create restricted receipt accounts entitled | |
12 | "opioid stewardship fund allocation" in any department or agency of state government wherein | |
13 | monies from the opioid stewardship fund are appropriated by the general assembly for the | |
14 | programmatic purposes set forth in subsection (d) of this section. | |
15 | 21-28.10-11. Allocation. | |
16 | The monies, when allocated, shall be paid out of the opioid stewardship fund and subject | |
17 | to the approval of the director secretary and the approvals of the directors of the departments of | |
18 | health and behavioral healthcare, developmental disabilities and hospitals (BHDDH), pursuant to | |
19 | the provisions of this chapter. | |
20 | 21-28.10-13. Rules and regulations. | |
21 | The director secretary may prescribe rules and regulations, not inconsistent with law, to | |
22 | carry into effect the provisions of this chapter 28.10 of title 21, which rules and regulations, when | |
23 | reasonably designed to carry out the intent and purpose of this chapter, are prima facie evidence of | |
24 | its proper interpretation. Such rules and regulations may be amended, suspended, or revoked, from | |
25 | time to time and in whole or in part, by the director secretary. The director secretary may prescribe, | |
26 | and may furnish, any forms necessary or advisable for the administration of this chapter. | |
27 | SECTION 9. Sections 23-26-7.1, 23-26-11, 23-26-12, 23-26-13, 23-26-15, 23-26-25, 23- | |
28 | 26-26, 23-26-27, 23-26-30 and 23-26-31 of the General Laws in Chapter 23-26 entitled "Bedding | |
29 | and Upholstered Furniture" are hereby amended to read as follows: | |
30 | 23-26-7.1. Sterilization, disinfection and disinfestation of bedding and materials. | |
31 | (a) No person shall sell, offer for sale or include in a sale any item of secondhand bedding | |
32 | or any item of bedding of any type manufactured in whole or in part from secondhand material, | |
33 | including their component parts or wiping rags, unless such material has been sterilized, disinfected | |
34 | and cleaned, by a method approved by the department of business regulation; provided, further, | |
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| |
1 | that any product used for sterilization or disinfection of secondhand bedding must be registered as | |
2 | consumer and health benefit products and labeled for use on bedding and upholstered furniture by | |
3 | the EPA in accordance with § 23-25-6 of this title. The department of business regulation shall | |
4 | promulgate rules and regulations consistent with the provisions of this chapter. | |
5 | (b) No person shall use in the manufacture, repair and renovation of bedding of any type | |
6 | any material which has been used by a person with an infectious or contagious disease, or which is | |
7 | filthy, oily or harbors loathsome insects or pathogenic bacteria. | |
8 | (c) No person shall sell, or offer for sale or include in a sale any material or bedding which | |
9 | under the provisions of this chapter or regulations requires treatment unless there is securely | |
10 | attached in accordance with regulations, a yellow tag not less than twelve square inches in size, | |
11 | made of substantial cloth or a material of equal quality. Upon the tag there shall be plainly printed, | |
12 | in black ink, in the English language, a statement showing: | |
13 | (1) That the item or material has been treated by a method approved by the department of | |
14 | business regulation, and the method of treatment applied. | |
15 | (2) The lot number and the tag number of the item treated. | |
16 | (3) The license registration number of the person applying treatment. | |
17 | (4) The name and address of the person for whom treated. | |
18 | (d) The tag required by this section shall be in addition to any other tag required pursuant | |
19 | to the provisions of this chapter. Holders of licenses registrations to apply sterilization, disinfection | |
20 | or disinfestation treatment shall be required to keep an accurate record of all materials which have | |
21 | been subjected to treatment, including the source of material, date of treatment, and the name and | |
22 | address of the receiver of each. Such records shall be available for inspection at any time by | |
23 | authorized representatives of the department. | |
24 | (e) Violations of this section shall be punishable by a fine not to exceed five hundred dollars | |
25 | ($500). | |
26 | 23-26-11. Counterfeit stamps and permits Counterfeit stamps and registrations. | |
27 | No person shall have in his or her possession or shall make, use, or sell any counterfeit or | |
28 | colorable imitation of the inspection stamp or permit registration required by this chapter. Each | |
29 | counterfeited or imitated stamp or permit registration made, used, sold, offered for sale, delivered, | |
30 | or consigned for sale contrary to the provisions of this chapter shall constitute a separate offense. | |
31 | 23-26-12. Sterilization permits Sterilization registrations. | |
32 | Any sterilization process, before being used in connection with this chapter, must receive | |
33 | the approval of the director. Every person, firm, or corporation desiring to operate the sterilization | |
34 | process shall first obtain a numbered permit registration from the director and shall not operate the | |
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| |
1 | process unless the permit registration is kept conspicuously posted in the establishment. Fee for | |
2 | original permit registration shall be eighty-four dollars ($84.00). Application for the permit | |
3 | registration shall be accompanied by specifications in duplicate, in such form as the director shall | |
4 | require. Each permit registration shall expire one year from date of issue. Fee for annual renewal | |
5 | of a sterilizing permit registration shall be one-half (1/2) the original fee. | |
6 | 23-26-13. Contents of tag on bedding articles for sale. | |
7 | Every article of bedding made for sale, sold, or offered for sale shall have attached thereto | |
8 | a tag which shall state the name of the material used, that the material used is new, or second-hand | |
9 | and, when required to be sterilized, that the material has been sterilized, and the number of the | |
10 | sterilizing permit registration. The tag shall also contain the name and address of the maker or the | |
11 | vendor and the registry number of the maker. All tags attached to new articles shall be legibly | |
12 | stamped or marked by the retail vendor with the date of delivery to the customer. | |
13 | 23-26-15. Contents of tag on shipments of filling material. | |
14 | Any shipment or delivery, however contained, of material used for filling articles of | |
15 | bedding shall have firmly and conspicuously attached thereto a tag which shall state the name of | |
16 | the maker, preparer or vendor, and the address of the maker, preparer, or vendor, the name of the | |
17 | contents and whether the contents are new or second-hand, and, if sterilized, the number of the | |
18 | sterilizing permit registration. | |
19 | 23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits | |
20 | Rules, regulations, and findings -- Suspension or revocation of registrations. | |
21 | (a) The director is hereby authorized and empowered to make general rules and regulations | |
22 | and specific rulings, demands, and findings for the enforcement of this chapter, in addition hereto | |
23 | and not inconsistent herewith. The director may suspend or revoke any permit or registration for | |
24 | violation of any provision of this chapter, or any rule, regulation, ruling, or demand made pursuant | |
25 | to the authority granted by this chapter. (b) The director of the department of health shall investigate | |
26 | and enforce the provisions of § 23-26-3.1, and promulgate rules and regulations deemed necessary | |
27 | to enforce it. | |
28 | 23-26-26. Appeal of director's decisions. | |
29 | Any person aggrieved by the action of the director in denying an application for a permit | |
30 | or for registration, or in revoking or suspending any permit or registration, or by any order or | |
31 | decision of the director, shall have the right to appeal to the supreme court and the procedure in | |
32 | case of the appeal shall be the same as that provided in § 42-35-15. | |
33 | 23-26-27. Penalty for violations. | |
34 | Any person who: | |
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| |
1 | (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or | |
2 | lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this chapter; | |
3 | or | |
4 | (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in | |
5 | preparing cotton or other material therefor that has been used as a mattress, pillow, or bedding in | |
6 | any public or private hospital, or that has been used by or about any person having an infectious or | |
7 | contagious disease, and that after such use has not been sterilized and approved for use, by the | |
8 | director of business regulation; or | |
9 | (3) Counterfeits or imitates any stamp or permit registration issued under this chapter shall | |
10 | be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or | |
11 | by imprisonment for not more than six (6) months or both. | |
12 | (4) Any person or entity who or that violates the provisions of § 23-26-3.1 shall be civilly | |
13 | fined not to exceed five thousand dollars ($5,000) for the first violation and up to ten thousand | |
14 | dollars ($10,000) for each subsequent violation. | |
15 | 23-26-30. License required -- Application -- Issuance and term of license Registration | |
16 | required -- Application -- Issuance and term of registration. | |
17 | No person shall be engaged: (1) as a manufacturer of articles of bedding for sale at | |
18 | wholesale; (2) as a manufacturer of articles of bedding for sale at retail; (3) as a supply dealer; (4) | |
19 | as a repairer-renovator; or (5) as a retailer of second-hand articles of bedding, unless he or she has | |
20 | obtained the appropriate numbered license registration therefor from the director, who is hereby | |
21 | empowered to issue the license registration. Application for the license registration shall be made | |
22 | on forms provided by the director and shall contain such information as the director may deem | |
23 | material and necessary. Based on the information furnished in the application and on any | |
24 | investigation deemed necessary by the director, the applicant's classification shall be determined. | |
25 | Each license registration issued by the director pursuant to this section shall be conspicuously | |
26 | posted in the establishment of the person to whom issued. The director may withhold the issuance | |
27 | of a license registration to any person who shall make any false statement in the application for a | |
28 | license registration under this chapter. The director shall promulgate rules and regulations | |
29 | mandating the term of license registration for each category of license registration issued pursuant | |
30 | to this chapter; however, no license registration shall remain in force for a period in excess of three | |
31 | (3) years. The fee for the initial issuance or renewal of a license registration shall be determined by | |
32 | multiplying the per annum fee by the number of years in the term of the license registration. The | |
33 | entire fee must shall be paid in full for the total number of years of license registration prior to the | |
34 | issuance of the license registration. | |
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| |
1 | 23-26-31. Fees. | |
2 | (a) The per annum fees imposed for licenses registrations issued pursuant to § 23-26-30 | |
3 | shall be as follows: | |
4 | (1) Every applicant classified as a manufacturer of articles of bedding for sale at wholesale | |
5 | or retail or as a supply dealer shall pay, prior to the issuance of a general license registration, a per | |
6 | annum fee of two hundred ten dollars ($210) and the licensee registrant may be engaged in any or | |
7 | all of the following: | |
8 | (i) Manufacture of articles of bedding for sale at wholesale; | |
9 | (ii) Manufacture of articles of bedding for sale at retail; | |
10 | (iii) Supply dealer; | |
11 | (iv) Repairer-renovator. | |
12 | (2) Every applicant classified as a repairer-renovator or retailer of second-hand articles of | |
13 | bedding shall pay, prior to the issuance of a limited license registration, a per annum fee of sixty | |
14 | dollars ($60.00), and the licensee registrant may be engaged in any or all of the following: | |
15 | (i) Repairer-renovator; | |
16 | (ii) Retailer of second-hand articles of bedding; provided, however, that if a licensee | |
17 | registrant is reclassified from one category to another which calls for a higher license registration | |
18 | fee, he or she shall pay a pro rata share of the higher license registration fee for the unexpired period | |
19 | and shall be issued a new license registration to expire on the expiration date of the original license | |
20 | registration. | |
21 | (b) If, through error, a licensee registrant has been improperly classified as of the date of | |
22 | issue of his or her current license registration, the proper fee for the entire period shall be payable. | |
23 | Any overpayment shall be refunded to the licensee registrant. No refunds shall be allowed to any | |
24 | licensee registrant who has discontinued business, or whose license registration has been revoked | |
25 | or suspended or who has been reclassified to a category calling for a greater or lesser | |
26 | licenseregistration fee, except as provided herein. The fee shall be paid to the director of business | |
27 | regulation. For reissuing a revoked or expired license registration the fee shall be the same as for | |
28 | an original license registration. | |
29 | (c) All payments for registration fees, sterilization process, permits, fines and penalties, | |
30 | and other money received under this chapter shall constitute inspection fees for the purpose of | |
31 | enforcing this chapter. | |
32 | SECTION 10. Section 23-90-5 of the General Laws in Chapter 23-90 entitled "Responsible | |
33 | Recycling, Reuse and Disposal of Mattresses" is hereby amended to read as follows: | |
34 | 23-90-5. Mattress stewardship plan. | |
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| |
1 | (a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress | |
2 | stewardship plan for the establishment of a mattress stewardship program to the corporation | |
3 | director for approval. | |
4 | (b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is | |
5 | technologically feasible and economically practical: | |
6 | (1) Identify each producer's participation in the program; | |
7 | (2) Describe the fee structure for the program and propose a uniform stewardship fee that | |
8 | is sufficient to cover the costs of operating and administering the program; | |
9 | (3) Establish performance goals for the first two (2) years of the program; | |
10 | (4) Identify proposed recycling facilities to be used by the program, such facilities shall not | |
11 | require a solid waste management facilities license; | |
12 | (5) Detail how the program will promote the recycling of discarded mattresses; | |
13 | (6) Include a description of the public education program; | |
14 | (7) Describe fee-disclosure language that retailers will be required to prominently display | |
15 | that will inform consumers of the amount and purpose of the fee; and | |
16 | (8) Identify the methods and procedures to facilitate implementation of the mattress | |
17 | stewardship program in coordination with the corporation director and municipalities. | |
18 | (c) Not later than ninety (90) days after submission of the plan pursuant to this section, the | |
19 | corporation shall make a determination whether to: | |
20 | (1) Approve the plan as submitted; or | |
21 | (2) Deny the plan. | |
22 | (d) The corporation director shall approve the plan for the establishment of the mattress | |
23 | stewardship program, provided such plan reasonably meets the requirements of this section. Prior | |
24 | to making such determination, the corporation director shall post the plan for at least thirty (30) | |
25 | days, in accordance with the "Administrative Procedures Act" as set forth in chapter 35 of title 42 | |
26 | on the corporation's website and solicit public comments on the plan to be posted on the website. | |
27 | (e) In the event that the corporation director denies the plan, the corporation director shall | |
28 | provide a notice of determination to the council, within sixty (60) days, detailing the reasons for | |
29 | the disapproval. The council shall revise and resubmit the plan to the corporation director not later | |
30 | than forty-five (45) days after receipt of notice of the corporation director's denial notice. Not later | |
31 | than forty-five (45) days after receipt of the revised plan, the corporation director shall review and | |
32 | approve or deny the revised plan. The council may resubmit a revised plan to the corporation | |
33 | director for approval on not more than two (2) occasions. If the council fails to submit a plan that | |
34 | is acceptable to the corporation director, because it does not meet the criteria pursuant to | |
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| |
1 | subdivisions (b)(1-8), the corporation director shall have the ability to modify the submitted plan | |
2 | and approve it. Not later than one hundred twenty (120) days after the approval of a plan pursuant | |
3 | to this section, the council shall implement the mattress stewardship program. | |
4 | (f) It is the responsibility of the council to: | |
5 | (1) Notify the corporation director whenever there is a proposed substantial change to the | |
6 | program. If the corporation director takes no action on a proposed substantial change within ninety | |
7 | (90) days after notification of the proposed change, the proposed change shall be deemed approved. | |
8 | For the purposes of this subdivision, "substantial change" shall include, but not be limited to: | |
9 | (i) A change in the processing facilities to be used for discarded mattresses collected | |
10 | pursuant to the program; or | |
11 | (ii) A material change to the system for collecting mattresses. | |
12 | (2) Not later than October 1, 2017, the council shall submit to the corporation director for | |
13 | review, updated performance goals that are based on the experience of the program during the first | |
14 | two (2) years of the program. | |
15 | (g) The council shall notify the corporation director of any other changes to the program | |
16 | on an ongoing basis, whenever they occur, without resubmission of the plan to the corporation | |
17 | director for approval. Such changes shall include, but not be limited to, a change in the composition, | |
18 | officers, or contact information of the council. | |
19 | (h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose | |
20 | a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform | |
21 | fee more frequently than once every two (2) years if the council determines such change is needed | |
22 | to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent | |
23 | auditor to ensure that such assessment does not exceed the costs of the mattress stewardship | |
24 | program described in subsection (b) of this section and to maintain financial reserves sufficient to | |
25 | operate the program over a multi-year period in a fiscally prudent and responsible manner. Not | |
26 | later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall | |
27 | render an opinion to the corporation director as to whether the proposed mattress stewardship fee | |
28 | is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress | |
29 | stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90) | |
30 | days after the auditor notifies the corporation director that the fee is reasonable. If the auditor | |
31 | concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council | |
32 | with written notice explaining the auditor's opinion. Specific documents or information provided | |
33 | to the auditor by the council, along with any associated internal documents or information held by | |
34 | the council, shall be made available to the corporation for its review upon request but shall not be | |
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| |
1 | made public if the documents and information contain trade secrets or commercial or financial | |
2 | information of a privileged or confidential nature, pursuant to chapter 2 of title 38 ("access to public | |
3 | records"). Not later than fourteen (14) days after the council's receipt of the auditor's opinion, the | |
4 | council may either propose a new mattress stewardship fee, or provide written comments on the | |
5 | auditor's opinion. If the auditor concludes that the fee is not reasonable, the corporation director | |
6 | shall decide, based on the auditor's opinion and any comments provided by the council, whether to | |
7 | approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The | |
8 | cost of any work performed by such auditor pursuant to the provisions of this subsection and | |
9 | subsection (i) of this section shall be funded by the council. | |
10 | (i)(1) On and after the implementation of the mattress stewardship program, each retailer | |
11 | shall add the amount of the fee established pursuant to subsection (b) of this section and described | |
12 | in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee | |
13 | shall be remitted by the retailer to the council. The council may, subject to the corporation director's | |
14 | approval, establish an alternative, practicable means of collecting or remitting such fee. | |
15 | (2) On and after the implementation date of the mattress stewardship program, no producer, | |
16 | distributor or retailer shall sell or offer for sale a mattress to any person in the state if the producer | |
17 | is not a member of the council. | |
18 | (3) No retailer or distributor shall be found to be in violation of the provisions of this | |
19 | section, if, on the date the mattress was ordered from the producer or its agent, the producer of said | |
20 | mattress was listed on the corporation's website in accordance with the provisions of this chapter. | |
21 | (j) Not later than October 1, 2016, and annually thereafter, the council shall submit an | |
22 | annual report to the corporation director. The corporation director shall post such annual report on | |
23 | the corporation's website. Such report shall include, but not be limited to: | |
24 | (1) The weight of mattresses collected pursuant to the program from: | |
25 | (i) Municipal and/or transfer stations; | |
26 | (ii) Retailers; and | |
27 | (iii) All other covered entities; | |
28 | (2) The weight of mattresses diverted for recycling; | |
29 | (3) Identification of the mattress recycling facilities to which mattresses were delivered for | |
30 | recycling; | |
31 | (4) The weight of discarded mattresses recycled, as indicated by the weight of each of the | |
32 | commodities sold to secondary markets; | |
33 | (5) The weight of mattresses, or parts thereof, sent for disposal at each of the following: | |
34 | (i) Rhode Island resource recovery corporation; and | |
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| |
1 | (ii) Any other facilities; | |
2 | (6) Samples of public education materials and methods used to support the program; | |
3 | (7) A description of efforts undertaken and evaluation of the methods used to disseminate | |
4 | such materials; | |
5 | (8) Updated performance goals and an evaluation of the effectiveness of the methods and | |
6 | processes used to achieve performance goals of the program; and | |
7 | (9) Recommendations for any changes to the program. | |
8 | (k) Two (2) years after the implementation of the program and upon the request of the | |
9 | corporation director, but not more frequently than once a year, the council shall cause an audit of | |
10 | the program to be conducted by the auditor described in subsection (h) of this section. Such audit | |
11 | shall review the accuracy of the council's data concerning the program and provide any other | |
12 | information requested by the corporation director. Such audit shall be paid for by the council. The | |
13 | council shall maintain all records relating to the program for not less than three (3) years. | |
14 | (l) No covered entity that participates in the program shall charge for receipt of mattresses | |
15 | generated in the state. Covered entities may charge a fee for providing the service of collecting | |
16 | mattresses and may restrict the acceptance of mattresses by number, source or physical condition. | |
17 | (m) Covered entities that, upon the date of this act's passage, have an existing program for | |
18 | recycling discarded mattresses may continue to operate such program without coordination of the | |
19 | council, so long as the entities are able to demonstrate, in writing, to the corporation director that | |
20 | the facilities to which discarded mattresses are delivered are engaged in the business of recycling | |
21 | said mattresses and the corporation director approves the written affirmation that the facility | |
22 | engages in mattress recycling of mattresses received by the covered entity. A copy of the written | |
23 | affirmation and the corporation's approval shall be provided to the council by the corporation | |
24 | director in a timely manner. | |
25 | (e) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly | |
26 | on the operation of the statewide system for collection, transportation and recycling of mattresses. | |
27 | SECTION 11. Section 31-2-6 of the General Laws in Chapter 31-2 entitled "Division of | |
28 | Motor Vehicles" is hereby amended to read as follows: | |
29 | 31-2-6. Offices. | |
30 | The administrator shall maintain offices in those places in the state that he or she may deem | |
31 | necessary to properly carry out the powers and duties vested in the division of motor vehicles. The | |
32 | administrator shall maintain branch offices provide direct, in-person services in the towns of | |
33 | Warren and Westerly and keep the services in Warren office open available for business at least | |
34 | three (3) days per week and keep the services in Westerly office open available at least one day per | |
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1 | week. | |
2 | SECTION 12. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit | |
3 | System" is hereby amended to read as follows: | |
4 | 36-4-16.4. Salaries of directors. | |
5 | (a) In the month of March of each year, the department of administration shall conduct a | |
6 | public hearing to determine salaries to be paid to directors of all state executive departments for the | |
7 | following year, at which hearing all persons shall have the opportunity to provide testimony, orally | |
8 | and in writing. In determining these salaries, the department of administration will take into | |
9 | consideration the duties and responsibilities of the aforenamed officers, as well as such related | |
10 | factors as salaries paid executive positions in other states and levels of government, and in | |
11 | comparable positions anywhere that require similar skills, experience, or training. Consideration | |
12 | shall also be given to the amounts of salary adjustments made for other state employees during the | |
13 | period that pay for directors was set last. | |
14 | (b) Each salary determined by the department of administration will be in a flat amount, | |
15 | exclusive of such other monetary provisions as longevity, educational incentive awards, or other | |
16 | fringe additives accorded other state employees under provisions of law, and for which directors | |
17 | are eligible and entitled. | |
18 | (c) In no event will the department of administration lower the salaries of existing directors | |
19 | during their term of office. | |
20 | (d) Upon determination by the department of administration, the proposed salaries of | |
21 | directors will be referred to the general assembly by the last day in April of that year to go into | |
22 | effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting | |
23 | concurrently within that time. | |
24 | (e) Notwithstanding the provisions of this section, for 2015 2022 only, the time period for | |
25 | the department of administration to conduct the public hearing shall be extended to July September | |
26 | and the proposed salaries shall be referred to the general assembly by August 30 October 30. The | |
27 | salaries may take effect before next year, but all other provisions of this section shall apply. | |
28 | (f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only, | |
29 | the salaries of the director of the department of transportation, the secretary of health and human | |
30 | services, and the director of administration shall be determined by the governor. | |
31 | (g)(f) Notwithstanding the provisions of this section or any law to the contrary, for 2021 | |
32 | 2022 only, the salary of the director of the department of children, youth and families shall be | |
33 | determined by the governor. | |
34 | SECTION 13. Section 41-5.2-2 of the General Laws in Chapter 41-5.2 entitled "Mixed | |
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1 | Martial Arts" is hereby amended to read as follows: | |
2 | (a) Except as provided in subsection (b) of this section, no No mixed-martial-arts match or | |
3 | exhibition for a prize or a purse, or at which an admission fee is charged, either directly or | |
4 | indirectly, in the form of dues or otherwise, shall take place or be conducted in this state unless | |
5 | licensed by the division of gaming and athletics licensing in accordance with this chapter. | |
6 | (b) The provisions of this section shall not apply to any mixed-martial-arts match or | |
7 | exhibition in which the contestants are amateurs and that is conducted under the supervision and | |
8 | control of: | |
9 | (1) Any educational institution recognized by the council on postsecondary education and | |
10 | the council on elementary and secondary education of this state; or | |
11 | (2) Any religious or charitable organization or society engaged in the training of youth and | |
12 | recognized as such by the division of gaming and athletics licensing in this state. | |
13 | (c) For the purposes of this section, an "amateur" means a person who engages in mixed- | |
14 | martial-arts matches or exhibitions for which no cash prizes are awarded to the participants, and | |
15 | for which the prize competed for, if any, shall not exceed in value the sum of twenty-five dollars | |
16 | ($25.00). | |
17 | SECTION 14. Chapter 41-5.2 of the General Laws entitled "Mixed Martial Arts" is hereby | |
18 | amended by adding thereto the following section: | |
19 | 41-5.2-30. Fees of officials. | |
20 | The fees of the referee and other licensed officials, as established by this chapter, shall be | |
21 | fixed by the division of gaming and athletics licensing, and shall be paid by the licensed | |
22 | organization prior to the exhibition. | |
23 | SECTION 15. Section 42-11-2.9 of the General Laws in Chapter 42-11 entitled | |
24 | "Department of Administration" is hereby amended to read as follows: | |
25 | 42-11-2.9. Division of capital asset management and maintenance established. | |
26 | (a) Establishment. Within the department of administration there shall be established the | |
27 | division of capital asset management and maintenance ("DCAMM"). Any prior references to the | |
28 | division of facilities management and/or capital projects, if any, shall now mean DCAMM. Within | |
29 | the DCAMM there shall be a director of DCAMM who shall be in the classified service and shall | |
30 | be appointed by the director of administration. The director of DCAMM shall have the following | |
31 | responsibilities: | |
32 | (1) Oversee, coordinate, and manage the operating budget, personnel, and functions of | |
33 | DCAMM in carrying out the duties described below; | |
34 | (2) Review agency capital-budget requests to ensure that the request is consistent with | |
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1 | strategic and master facility plans for the state of Rhode Island; | |
2 | (3) Promulgate and adopt regulations necessary to carry out the purposes of this section. | |
3 | (b) Purpose. The purpose of the DCAMM shall be to manage and maintain state property | |
4 | and state-owned facilities in a manner that meets the highest standards of health, safety, security, | |
5 | accessibility, energy efficiency, and comfort for citizens and state employees and ensures | |
6 | appropriate and timely investments are made for state property and facility maintenance. | |
7 | (c) Duties and responsibilities of DCAMM. DCAMM shall have the following duties and | |
8 | responsibilities: | |
9 | (1) To oversee all new construction and rehabilitation projects on state property, not | |
10 | including property otherwise assigned outside of the executive department by Rhode Island general | |
11 | laws or under the control and supervision of the judicial branch; | |
12 | (2) To assist the department of administration in fulfilling any and all capital-asset and | |
13 | maintenance-related statutory duties assigned to the department under chapter 8 of title 37 (public | |
14 | buildings) or any other provision of law, including, but not limited to, the following statutory duties | |
15 | provided in § 42-11-2: | |
16 | (i) To maintain, equip, and keep in repair the state house, state office buildings, and other | |
17 | premises, owned or rented by the state, for the use of any department or agency, excepting those | |
18 | buildings, the control of which is vested by law in some other agency; | |
19 | (ii) To provide for the periodic inspection, appraisal, or inventory of all state buildings and | |
20 | property, real and personal; | |
21 | (iii) To require reports from state agencies on the buildings and property in their custody; | |
22 | (iv) To issue regulations to govern the protection and custody of the property of the state; | |
23 | (v) To assign office and storage space, and to rent and lease land and buildings, for the use | |
24 | of the several state departments and agencies in the manner provided by law; | |
25 | (vi) To control and supervise the acquisition, operation, maintenance, repair, and | |
26 | replacement of state-owned motor vehicles by state agencies; | |
27 | (3) To generally manage, oversee, protect, and care for the state's properties and facilities, | |
28 | not otherwise assigned by Rhode Island general laws, including, but not limited to, the following | |
29 | duties: | |
30 | (i) Space management, procurement, usage, and/or leasing of private or public space; | |
31 | (ii) Care, maintenance, cleaning, and contracting for such services as necessary for state | |
32 | property; | |
33 | (iii) Capital equipment replacement; | |
34 | (iv) Security of state property and facilities unless otherwise provided by law; | |
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1 | (v) Ensuring Americans with Disabilities Act (ADA) compliance; | |
2 | (vi) Responding to facilities emergencies; | |
3 | (vii) Managing traffic flow on state property; | |
4 | (viii) Grounds keeping/landscaping/snow-removal services; | |
5 | (ix) Maintenance and protection of artwork and historic artifacts; | |
6 | (x) On or before August 31 of 2022 and each April 1 thereafter to submit to the division of | |
7 | municipal finance a comprehensive list of all real property owned by the state as of the preceding | |
8 | December 31 to facilitate the purposes of § 45-13-5.1. The comprehensive list and all other | |
9 | information provided shall be in a format prescribed by the division of municipal finance. The | |
10 | division of municipal finance shall subsequently provide to DCAMM a certified list of all | |
11 | properties eligible under § 45-13-5.1 for identification in the statewide database established under | |
12 | § 42-11-2.9(d). Any changes to the comprehensive list of all real property owned by the state after | |
13 | the list has been supplied to the division of municipal finance shall require notification to the | |
14 | division of municipal finance within thirty (30) days. | |
15 | (4) To manage and oversee state fleet operations. | |
16 | (d) All state agencies shall participate in a statewide database and/or information system | |
17 | for capital assets, that shall be established and maintained by DCAMM. | |
18 | (1) Beginning January 1, 2023, all state agencies, departments, boards, commissions, | |
19 | corporations, authorities, quasi-state agencies, councils, or other political subdivisions that utilize | |
20 | real property shall provide DCAMM any information, documentary and otherwise, that may be | |
21 | necessary or desirable to facilitate the purposes of § 42-11-2.9(c)(3)(x) by March 1 annually, or § | |
22 | 42-11-2.9(d) as required by DCAMM. The administrative head of each submitting entity shall attest | |
23 | to the accuracy and completeness of the information in writing. | |
24 | (e) Offices and boards assigned to DCAMM. DCAMM shall oversee the following boards, | |
25 | offices, and functions: | |
26 | (1) Office of planning, design, and construction (PDC); | |
27 | (2) Office of facilities management and maintenance (OFMM); | |
28 | (3) [Deleted by P.L. 2018, ch. 47, art. 3, § 7]. | |
29 | (4) [Deleted by P.L. 2018, ch. 47, art. 3, § 7]. | |
30 | (5) Office of risk management (§ 37-11-1 et seq.); | |
31 | (6) [Deleted by P.L. 2018, ch. 47, art. 3, § 7]. | |
32 | (7) Office of state fleet operations (§ 42-11-2.4(d)). | |
33 | (f) The boards, offices, and functions assigned to DCAMM shall: | |
34 | (1) Exercise their respective powers and duties in accordance with their statutory authority | |
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1 | and the general policy established by the director of DCAMM or in accordance with the powers | |
2 | and authorities conferred upon the director of DCAMM by this section; | |
3 | (2) Provide such assistance or resources as may be requested or required by the director of | |
4 | DCAMM or the director of administration; | |
5 | (3) Provide such records and information as may be requested or required by the director | |
6 | of DCAMM or the director of administration; and | |
7 | (4) Except as provided herein, no provision of this chapter or application thereof shall be | |
8 | construed to limit or otherwise restrict the offices stated above from fulfilling any statutory | |
9 | requirement or complying with any valid rule or regulation. | |
10 | SECTION 16. Section 42-142-8 of the General Laws in Chapter 42-142 entitled | |
11 | "Department of Revenue" is hereby amended to read as follows: | |
12 | 42-142-8. Collection unit. | |
13 | (a) The director of the department of revenue is authorized to establish within the | |
14 | department of revenue a collection unit for the purpose of assisting state agencies in the collection | |
15 | of debts owed to the state. The director of the department of revenue may enter into an agreement | |
16 | with any state agency(ies) to collect any delinquent debt owed to the state. | |
17 | (b) The director of the department of revenue shall initially implement a pilot program to | |
18 | assist the agency(ies) with the collection of delinquent debts owed to the state. | |
19 | (c) The agency(ies) participating in the pilot program shall refer to the collection unit | |
20 | within the department of revenue, debts owed by delinquent debtors where the nature and amount | |
21 | of the debt owed has been determined and reconciled by the agency and the debt is: (i) The subject | |
22 | of a written settlement agreement and/or written waiver agreement and the delinquent debtor has | |
23 | failed to timely make payments under the agreement and/or waiver and is therefore in violation of | |
24 | the terms of the agreement and/or waiver; (ii) The subject of a final administrative order or decision | |
25 | and the debtor has not timely appealed the order or decision; (iii) The subject of final order, | |
26 | judgment, or decision of a court of competent jurisdiction and the debtor has not timely appealed | |
27 | the order, judgment, or decision. The collection unit shall not accept a referral of any delinquent | |
28 | debt unless it satisfies subsection (c)(i), (ii) or (iii) of this section. | |
29 | (d) Any agency(ies) entering into an agreement with the department of revenue to allow | |
30 | the collection unit of the department to collect a delinquent debt owed to the state shall indemnify | |
31 | the department of revenue against injuries, actions, liabilities, or proceedings arising from the | |
32 | collection, or attempted collection, by the collection unit of the debt owed to the state. | |
33 | (e) Before referring a delinquent debt to the collection unit, the agency(ies) must notify the | |
34 | debtor of its intention to submit the debt to the collection unit for collection and of the debtor's right | |
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1 | to appeal that decision not less than thirty (30) days before the debt is submitted to the collection | |
2 | unit. | |
3 | (f) At such time as the agency(ies) refers a delinquent debt to the collection unit, the agency | |
4 | shall: (i) Represent in writing to the collection unit that it has complied with all applicable state and | |
5 | federal laws and regulations relating to the collection of the debt, including, but not limited to, the | |
6 | requirement to provide the debtor with the notice of referral to the collection unit under subsection | |
7 | (e) of this section; and (ii) Provide the collection unit personnel with all relevant supporting | |
8 | documentation including, but not limited to, notices, invoices, ledgers, correspondence, | |
9 | agreements, waivers, decisions, orders, and judgments necessary for the collection unit to attempt | |
10 | to collect the delinquent debt. | |
11 | (g) The referring agency(ies) shall assist the collection unit by providing any and all | |
12 | information, expertise, and resources deemed necessary by the collection unit to collect the | |
13 | delinquent debts referred to the collection unit. | |
14 | (h) Upon receipt of a referral of a delinquent debt from an agency(ies), the amount of the | |
15 | delinquent debt shall accrue interest at the annual rate of interest established by law for the referring | |
16 | agency or at an annual rate of 13%, whichever percentage rate is greater. | |
17 | (i) Upon receipt of a referral of a delinquent debt from the agency(ies), the collection unit | |
18 | shall provide the delinquent debtor with a "Notice of Referral" advising the debtor that: | |
19 | (1) The delinquent debt has been referred to the collection unit for collection; and | |
20 | (2) The collection unit will initiate, in its names, any action that is available under state law | |
21 | for the collection of the delinquent debt, including, but not limited to, referring the debt to a third | |
22 | party to initiate said action. | |
23 | (j) Upon receipt of a referral of a delinquent debt from an agency(ies), the director of the | |
24 | department of revenue shall have the authority to institute, in its name, any action(s) that are | |
25 | available under state law for collection of the delinquent debt and interest, penalties, and/or fees | |
26 | thereon and to, with or without suit, settle the delinquent debt. | |
27 | (k) In exercising its authority under this section, the collection unit shall comply with all | |
28 | state and federal laws and regulations related to the collection of debts. | |
29 | (l) Upon the receipt of payment from a delinquent debtor, whether a full or partial payment, | |
30 | the collection unit shall disburse/deposit the proceeds of the payment in the following order: | |
31 | (1) To the appropriate federal account to reimburse the federal government funds owed to | |
32 | them by the state from funds recovered; and | |
33 | (2) The balance of the amount collected to the referring agency. | |
34 | (m) Notwithstanding the above, the establishment of a collection unit within the department | |
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1 | of revenue shall be contingent upon an annual appropriation by the general assembly of amounts | |
2 | necessary and sufficient to cover the costs and expenses to establish, maintain, and operate the | |
3 | collection unit including, but not limited to, computer hardware and software, maintenance of the | |
4 | computer system to manage the system, and personnel to perform work within the collection unit. | |
5 | (n) In addition to the implementation of any pilot program, the collection unit shall comply | |
6 | with the provisions of this section in the collection of all delinquent debts under this section. | |
7 | (o) The department of revenue is authorized to promulgate rules and regulations as it deems | |
8 | appropriate with respect to the collection unit. | |
9 | (p) By September 1, 2020, and each year thereafter, the department of revenue shall | |
10 | specifically assess the performance, effectiveness, and revenue impact of the collections associated | |
11 | with this section, including, but not limited to, the total amounts referred and collected by each | |
12 | referring agency during the previous state fiscal year to the governor, the speaker of the house of | |
13 | representatives, the president of the senate, the chairpersons of the house and senate finance | |
14 | committees, and the house and senate fiscal advisors. The report shall include the net revenue | |
15 | impact to the state of the collection unit. | |
16 | (q) No operations of a collection unit pursuant to this chapter shall be authorized after June | |
17 | 30, 2023 2033. | |
18 | SECTION 17. Title 42 of the General Laws entitled "State Affairs and Government" is | |
19 | hereby amended by adding thereto the following chapter: | |
20 | CHAPTER 162 | |
21 | ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROGRAM | |
22 | 42-162-1. Legislative findings. | |
23 | The general assembly finds and declares that: | |
24 | (1) The 2021 act on climate establishes mandatory, economy-wide greenhouse gas | |
25 | emissions reduction targets; and | |
26 | (2) To meet these goals, Rhode Island must accelerate its adoption of more sustainable | |
27 | transportation solutions, including electric vehicles; and | |
28 | (3) The widespread adoption of electric vehicles will necessitate investment in and | |
29 | deployment of electric vehicle charging infrastructure; and | |
30 | (4) Electric vehicle charging infrastructure must be made accessible to all Rhode Island | |
31 | citizens and businesses, and deployed in an equitable manner; and | |
32 | (5) The installation of electric vehicle charging infrastructure and other clean energy | |
33 | investments will support statewide economic development and job growth in the clean energy | |
34 | sector. | |
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1 | 42-162-2. Definitions. | |
2 | As used in this chapter, the following terms, unless the context requires a different | |
3 | interpretation, shall have the following meanings: | |
4 | (1) "Department" means the department of transportation. | |
5 | (2) "Electric vehicle charging infrastructure" means equipment that supplies electricity to | |
6 | charge electric vehicles, including charging stations and balance of plant. | |
7 | (3) "Electric vehicle charging infrastructure funds" means but is not limited to, federal | |
8 | funds allocated for electric vehicle charging infrastructure from the federal infrastructure | |
9 | investment and jobs act and any funds allocated as state match to federal funds. | |
10 | (4) "Federal funds" means monies allocated for electric vehicle charging infrastructure | |
11 | from the infrastructure investment and jobs act. | |
12 | (5) "Office" means the office of energy resources. | |
13 | 42-162-3. Implementation of the electric vehicle charging infrastructure investment | |
14 | program. | |
15 | (a) There is hereby established an electric vehicle charging infrastructure investment | |
16 | program. The department and office shall, in consultation with the department of environmental | |
17 | management, establish the electric vehicle charging infrastructure investment program to be | |
18 | administered by the office in consultation with the department. | |
19 | (b) The department and office, in consultation with the department of environmental | |
20 | management, shall propose draft program and investment criteria on the electric vehicle charging | |
21 | infrastructure investment program and accept public comment for thirty (30) days. The draft shall | |
22 | specify the incentive levels, eligibility criteria, and program rules for electric vehicle charging | |
23 | infrastructure incentives. The program and investment criteria shall be finalized by the office and | |
24 | department after the public comment period closes and include responses to submitted public | |
25 | comments. | |
26 | (c) The department and office shall provide a website for the electric vehicle charging | |
27 | infrastructure investment program to support public accessibility. | |
28 | 42-162-4. Reporting. | |
29 | The department and office shall provide a report to the governor and general assembly by | |
30 | December 31, 2023, on the results of the electric vehicle charging infrastructure investment | |
31 | program. The department and office shall provide an annual report to the governor and general | |
32 | assembly until the federal funds have been completely utilized. | |
33 | SECTION 18. This article shall take effect upon passage. | |
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