2022 -- H 8248

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LC005928

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

     

     Introduced By: Representatives Blazejewski, and Filippi

     Date Introduced: May 12, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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ARTICLE I--STATUTORY REENACTMENT

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     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

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     Title 28 of the General Laws of Rhode Island, including every chapter and section therein

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and any chapters and sections of Title 28 not included in this act may be, and are hereby, reenacted

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as if fully set forth herein.

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     SECTION 2. Section 28-2-9 of the general laws in Chapter 28-2 entitled “Duty to Work in

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Time of War” is hereby amended to read as follows:

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     28-2-9. Employment of personnel -- Assistance by other agencies.

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     The director of labor and training is authorized to appoint or employ any employees that

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may be necessary, and to use any agencies that may be available and appropriate, to aid him or her

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in carrying out the provisions of this chapter, and the director may delegate any and all of his or

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her powers and duties prescribed by the provisions of this chapter to the division of employment

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service workforce development services division.

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     SECTION 3. Section 28-3-12 of the general Laws in Chapter 28-3 entitled “Employment

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of Women and Children” is hereby amended to read as follows:

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     28-3-12. Posting of hours and wage rates.

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     Every employer shall post, in one or more places in his or her the employer’s establishment

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where it may be easily seen and read by all employees employed by him or her the employer, a

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printed or typewritten notice stating the minimum rates of pay, including hourly rates, or piece rate

 

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or both, as the case may be, which the employees are receiving for the various types of work

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performed in the establishment, and the number of hours' work required of the person on each day

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of the week, and the hours of commencing and stopping work. The employment of any minor for

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a longer time in a period of twenty-four (24) consecutive hours than so stated shall be deemed a

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violation of § 28-3-11. The provisions of §§ 28-3-11 -- 28-3-12 28-3-11, 28-3-11.1[Repealed], and

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28-3-12 shall not be construed to impair any restriction placed upon the employment of any child

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by the provisions of chapter 19 of title 16.

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     SECTION 4. Section 28-5-37 of the general Laws in Chapter 28-5 entitled “Fair

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Employment Practices” is hereby amended to read as follows:

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     28-5-37. Posting of statutory provisions.

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     Every employer, employment agency, and labor union subject to this chapter shall post in

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a conspicuous place or places on his or her the employer’s, employment agency’s or labor

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union’s premises a notice to be prepared or approved by the commission, which shall set forth

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excerpts of this chapter and any other relevant information which the commission deems necessary

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to explain the chapter. Any employer, employment agency, or labor union refusing to comply with

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the provisions of this section shall be punished by a fine of not less than one hundred dollars ($100)

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nor more than five hundred dollars ($500).

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     SECTION 5. Section 28-6.5-1 of the General Laws in Chapter 28-6.5 entitled “Labor and

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Labor Relations” is hereby amended to read as follows:

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     28-6.5-1. Testing permitted only in accordance with this section.

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     (a) No employer or agent of any employer shall, either orally or in writing, request, require,

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or subject any employee to submit a sample of his or her urine, blood, or other bodily fluid or tissue

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for testing as a condition of continued employment unless that test is administered in accordance

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with the provisions of this section. Employers may require that an employee submit to a drug test

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if:

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     (1) The employer has reasonable grounds to believe based on specific aspects of the

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employee's job performance and specific contemporaneous documented observations, concerning

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the employee's appearance, behavior or speech that the employee may be under the influence of a

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controlled substance, which may be impairing his or her ability to perform his or her job;

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     (2) The employee provides the test sample in private, outside the presence of any person;

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     (3) Employees testing positive are not terminated on that basis, but are instead referred to

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a substance abuse professional (a licensed physician with knowledge and clinical experience in the

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diagnosis and treatment of drug related disorders, a licensed or certified psychologist, social

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worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the

 

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National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in

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Rhode Island)) for assistance; provided, that additional testing may be required by the employer in

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accordance with this referral, and an employee whose testing indicates any continued use of

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controlled substances despite treatment may be terminated;

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     (4) Positive tests of urine, blood or any other bodily fluid or tissue are confirmed by a

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federally certified laboratory by means of gas chromatography/mass spectrometry or technology

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recognized as being at least as scientifically accurate;

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     (5) The employer provides the test to the employee, at the employer's expense, the

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opportunity to have the sample tested or evaluated by an independent testing facility and so advises

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the employee;

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     (6) The employer provides the test to the employee with a reasonable opportunity to rebut

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or explain the results;

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     (7) The employer has promulgated a drug abuse prevention policy which complies with

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requirements of this chapter; and

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     (8) The employer keeps the results of any test confidential, except for disclosing the results

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of a "positive" test only to other employees with a job-related need to know, and to defend against

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any legal action brought by the employee against the employer.

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     (b) Any employer who subjects any person employed by him or her to this test, or causes,

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directly or indirectly, any employee to take the test, except as provided for by this chapter, shall be

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guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or not

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more than one year in jail, or both.

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     (c) In any civil action alleging a violation of this section, the court may:

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     (1) Award punitive damages to a prevailing employee in addition to any award of actual

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damages;

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     (2) Award reasonable attorney's fees and costs to a prevailing employee; and

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     (3) Afford injunctive relief against any employer who commits or proposes to commit a

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violation of this section.

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     (d) Nothing in this chapter shall be construed to impair or affect the rights of individuals

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under chapter 5 of this title.

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     (e) Nothing in this chapter shall be construed to:

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     (1) Prohibit or apply to the testing of drivers regulated under 49 C.F.R. § 40.1 et seq and

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49 C.F.R. part 382 if that testing is performed pursuant to a policy mandated by the federal

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government; or

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     (2) Prohibit an employer in the public utility or mass transportation industry from requiring

 

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testing otherwise barred by this chapter if that testing is explicitly mandated by federal regulation

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or statute as a condition for the continued receipt of federal funds.

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     (3) Prohibit an employer in the highway maintenance industry, which shall include the

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construction, upkeep, maintenance and repair of the state's highways, roads and bridges including

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the repaving or resurfacing of the same, from requiring testing otherwise barred by this chapter,

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provided the testing is performed as regulated under 49 C.F.R. part 40.

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     (f) Notwithstanding the foregoing, this chapter shall not apply to members of the

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International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers and its

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signatory contractors jointly participating in the IMPACT National Substance Abuse Program for

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purposes of pre-qualifying workers for employment on and ensuring the maintenance of designated

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drug free work sites; provided, however, that:

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     (1) Participation by each worker is voluntary; and

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     (2) Workers who refuse to participate shall not be subjected to any adverse employment

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action other than an inability to work on a designated drug free work site; and

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     (3) The penalty for a first "positive" test shall not exceed a thirty (30) day suspension from

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work on designated drug free work sites.

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     SECTION 6. Section 28-7-48 of the general Laws in chapter 28-48 entitled “Labor

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Relations Act” is hereby amended to read as follows:

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     28-7-48. Prohibition against economic benefit to an unfair employer.

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     Except for state payments to health care providers pursuant to the medical assistance

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program in chapter 8 of title 40 and the Rite RIte Start program in § 23-13-18 chapter 12.3 of title

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42, the state of Rhode Island or any subsidiary or agency of the state shall not enter into any new

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contracts with, or provide any new subsidiary, payment, service or state revenue bond money to,

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nor make any favorable administrative ruling which might reasonably lead to the financial gain of,

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any employer who has been found guilty of any unfair labor practice by an administrative law judge

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of the national labor relations board for the duration of any strike by the employer's employees

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     SECTION 7. Section 28-9.2-11 of the General Laws in Chapter 28-9.2 entitled ‘Municipal

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Police Arbitration” is hereby amended to read as follows:

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      28-9.2-11. Fees and expenses of arbitration.

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     Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent

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and the corporate authorities. Notwithstanding any other remedies which a court appointed an

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arbitrator appointed by the chief justice pursuant to § 28-9.2-8 may have, the arbitrator or a party

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who has paid its share of the fees and necessary expenses of a court appointed an arbitrator may

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petition the superior court for sanctions against the party failing to make timely payment of its share

 

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of the arbitrator's fees and expenses, and the superior court is authorized to enforce the sanctions

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against the nonpaying party, including, but not limited to, contempt powers pursuant to § 8-6-1.

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     SECTION 8. Section 28-9.5-2 of the general laws in Chapter 28-9.5 entitled “State Police

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Arbitration” is hereby amended to read as follows:

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     28-9.5-2. Statement of policy.

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     (a) The protection of the public health, safety, and welfare demands that the full-time state

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police officers of the state of Rhode Island not be accorded the right to strike or engage in any work

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stoppage or slowdown. This necessary prohibition does not require the denial to such these state

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employees of other well recognized rights of labor, such as the right to organize, to be represented

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by an organization of their choice, and the right to bargain collectively concerning wages, rates of

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pay, and other terms and conditions of employment.

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     (b) It is declared to be the public policy of this state to accord to the full-time police officers

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of the state all of the rights of labor other than the right to strike or engage in any work stoppage or

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slowdown. To provide for the exercise of these rights, a method of arbitration of disputes is

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established.

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     (c) The establishment of this method of arbitration shall not in any way, be deemed to be

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recognition by the state of compulsory arbitration as a superior method of settling labor disputes

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between employees who possess the right to strike and their employers, but rather is a recognition

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solely of the necessity to provide some alternative mode of settling disputes where employees must

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as a matter of public policy be denied the usual right to strike.

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     SECTION 9. Section 28-9.7-2 of the General Laws in Chapter 28-9.7 entitled” Correctional

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Officers Arbitration” is hereby amended to read as follows:

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     28-9.7-2. Statement of policy.

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     (a) The protection of the public health, safety and welfare demands that the full-time

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correctional officers of the state of Rhode Island not be accorded the right to strike or engage in

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any work stoppage or slowdown. This necessary prohibition does not, however, require the denial

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to such state employees of other well recognized rights of labor, such as the right to organize, to be

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represented by an organization of their choice, and the right to bargain collectively concerning

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wages, rates of pay, and other terms and conditions of employment.

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     (b) It is hereby declared to be the public policy of this state to accord to the full-time

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correctional officers of the state all of the rights of labor other than the right to strike or engage in

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any work stoppage or slowdown. To provide for the exercise of these rights, a method of arbitration

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of disputes is hereby established.

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     (c) The establishment of this method of arbitration shall not, however, in any way whatever

 

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whatsoever, be deemed to be recognized by the state of compulsory arbitration as a superior

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method of settling labor disputes between employees who possess the right to strike and their

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employers, but rather shall be deemed to be a recognition solely of the necessity to provide some

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alternative mode of settling disputes where employees must as a matter of public policy be denied

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the usual right to strike.

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     SECTION 10. Section 28-12-4.3 of the General Laws in Chapter 28-12 entitled “Minimum

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Wages” is hereby amended to read as follows:

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     28-12-4.3. Exemptions.

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     (a) The provisions of §§ 28-12-4.1 and 28-12-4.2 do not apply to the following employees:

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     (1) Any employee of a summer camp when it is open no more than six (6) months of the

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year.

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     (2) Police officers.

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     (3) Employees of the state or political subdivision of the state who may elect through a

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collective bargaining agreement, memorandum of understanding, or any other agreement between

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the employer and representatives of the employees, or if the employees are not represented by an

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exclusive bargaining agent, through an agreement or understanding arrived at between the

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employer and the employee prior to the performance of work, to receive compensatory time off for

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hours worked in excess of forty (40) in a week. The compensatory hours shall at least equal one

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and one-half (1 1/2) times the hours worked over forty (40) in a week. If compensation is paid to

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an employee for accrued compensatory time, the compensation shall be paid at the regular rate

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earned by the employee at the time of payment. At the time of termination, unused accrued

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compensatory time shall be paid at a rate not less than:

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     (i) The average regular rate received by the employee during the last three (3) years of the

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employee's employment; or

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     (ii) The final regular rate received by the employee, whichever is higher.

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     (4) Any employee employed in a bona fide executive, administrative, or professional

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capacity, as defined by the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., compensated

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for services on a salary basis of not less than two hundred dollars ($200) per week.

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     (5) Any employee as defined in subsection (a)(4) of this section unless the wages of the

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employee, if computed on an hourly basis, would violate the applicable minimum wage law.

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     (6) Any salaried employee of a nonprofit national voluntary health agency who elects to

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receive compensatory time off for hours worked in excess of forty (40) hours per week.

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     (7) Any employee, including drivers, driver's helpers, mechanics, and loaders of any motor

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carrier, including private carriers, with respect to whom the U.S. Secretary of Transportation has

 

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power to establish qualifications and maximum hours of service pursuant to the provisions of 49

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U.S.C. § 31502.

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     (8) Any employee who is a salesperson, parts person, or mechanic primarily engaged in

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the sale and/or servicing of automobiles, trucks, or farm implements, and is employed by a non-

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manufacturing employer primarily engaged in the business of selling vehicles or farm implements

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to ultimate purchasers, to the extent that the employers are exempt under the federal Wage-Hour

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and Equal Pay Act, 29 U.S.C. § 201 et seq. and Fair Labor Standards Act of 1938, 29 U.S.C. §

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213(b)(10); provided, that the employee's weekly, bi-weekly, or monthly actual earnings exceed an

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amount equal to the employee's basic contractual hourly rate of pay times the number of hours

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actually worked plus the employee's basic contractual hourly rate of pay times one-half (1/2) the

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number of hours actually worked in excess of forty (40) hours per week.

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     (9) Any employee employed in agriculture; however, this exemption applies to all

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agricultural enterprises that produce greenhouse crops, fruit and vegetable crops, herbaceous crops,

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sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming,

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aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey,

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mushrooms, and nursery stock. This exemption also applies to nursery workers.

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     (10) Any employee of an air carrier subject to the provisions of 45 U.S.C. § 181 et seq., of

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the Railway Labor Act when the hours worked by that employee in excess of forty (40) in a work

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week are not required by the air carrier, but are arranged through a voluntary agreement among

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employees to trade scheduled work hours.

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     (b) Nothing in this section exempts any employee who under applicable federal law is

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entitled to overtime pay or benefits related to overtime pay.

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     SECTION 11. Section 28-14-23 of the General laws in Chapter 28-14 entitled ”Payment

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of Wages” is hereby amended to read as follows:

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     28-14-23. Assignment of wage claims to director -- Prosecution of actions.

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     The director shall have the power and authority to:

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     (1) Take assignments of wage claims and rights of action for penalties as provided by §§

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28-14-17 and 28-14-18 28-14-19 without being bound by any of the technical rules with reference

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to the validity of the assignments;

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     (2) Prosecute actions for the collection of the claims of persons who, in the judgment of

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the director, have claims which are valid and enforceable in the courts; and

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     (3) Join various claimants in one preferred claim or lien, and in case of suit to join them in

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one cause of action.

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     SECTION 12. Section 28-16-1 of the General Laws in Chapter 28-6 entitled “Enforcement

 

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of Wage and Hour Laws” is hereby amended to read as follows:

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     28-16-1. Power of department to assist in enforcement of federal law.

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     The Rhode Island department of labor and training is empowered to assist and cooperate

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with the administrator of the wage and hour and public contracts division and the director of the

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bureau of labor standards of the United States Department of Labor, in the administration and the

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enforcement within this state of the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.

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§ 201 et seq. The department is further authorized to accept payment and/or reimbursement for its

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services as provided by that act. Assistance and cooperation may include the designation by the

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director of the department of labor and training of state employees to investigate federal and state

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violations of wage, hour, and child labor provisions and regulations and may provide for joint

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inspection.

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     SECTION 13. Section 28-21-18 of the General Laws in Chapter 28-21 entitled “Hazardous

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Substances Right-to-Know Act” is hereby amended to read as follows:

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     28-21-18. Labeling.

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     (a) The employer shall ensure that each container of designated substances in the workplace

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as listed in § 28-21-3 is labeled, tagged, or marked with the following information:

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     (1) Identity of the designated substance; and

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     (2) Hazard warnings.

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     (b) When stationary containers in a work area have similar contents and hazards, the

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employer may post signs or placards to convey the required information rather than affixing labels

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to each individual container.

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     (c)(1) The employer shall ensure that each container of designated substance present or

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leaving the workplace is labeled, tagged, or marked with the following information:

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     (i) Identity of the designated substance;

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     (ii) Hazard warnings; and

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     (iii) Name and address of the manufacturer or other responsible party who can provide

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additional information on the designated substance and appropriate emergency procedures, if

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necessary.

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     (2) There shall be no conflict with the requirements of the Hazardous Materials

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Transportation Act, 18 U.S.C. § 1801 et seq. 49 U.S.C § 5101 et seq., and regulations issued under

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that act by the department of transportation.

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     (d) The employer need not affix new labels to comply with this section if existing labels

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already convey the necessary information.

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     (e) The employer is not required to label portable containers into which designated

 

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substances are transferred from labeled containers, and which are intended only for the immediate

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use of the employee who performs the transfer.

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     (f) The employer shall not remove or deface existing labels on incoming containers of

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designated substances unless the container is immediately marked with the required information.

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     (g) "Container" as used in this chapter means any receptacle or formed flexible covering,

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including but not limited to bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and

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stationary or mobile storage tanks used solely for the storage of designated substances, but shall

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not include containers used as equipment where the designated substances are formulated,

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chemically reacted, or otherwise processed so long as records are available within the immediate

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location of the piece of equipment to designate the activity taking place in the container.

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      SECTION 14. Section 28-27-24.1 of the General Laws in Chapter 28-27 entitled

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“Mechanical Trades” are hereby amended to read as follows:

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     28-27-24.1. Compelling obedience to subpoenas.

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     In case of failure of any person to comply with any subpoena lawfully issued subpoena or

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subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he

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or she may be lawfully interrogated, it shall be the duty of the district court or any judge of the

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district court, on application by the director, to compel obedience by proceedings in the nature of

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those for contempt.

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     SECTION 15. Section 28-33-5 of the General laws in Chapter 28-33 entitled “Workers

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Compensation – Benefits” is hereby amended to read as follows:

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      28-33-5. Medical services provided by employer.

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     The employer shall, subject to the choice of the employee as provided in § 28-33-8,

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promptly provide for an injured employee any reasonable medical, surgical, dental, optical, or other

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attendance or treatment, nurse and hospital service, medicines, crutches, and apparatus for such

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period as is necessary, in order to cure, rehabilitate or relieve the employee from the effects of his

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injury; provided, that no fee for major surgery shall be paid unless permission for it is first obtained

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from the workers' compensation court, the employer, or the insurance carrier involved, except

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where compliance with it may prove fatal or detrimental to the employee. Irrespective of the date

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of injury, the liability of the employer for hospital service rendered under this section to the injured

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employee shall be the cost to the hospital of rendering the service at the time the service is rendered.

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The director, after consultations with representatives of hospitals, employers, and insurance

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companies, shall establish administrative procedures regarding the furnishing and filing of data and

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the time and method of billing and may accept as representing the costs for both routine and special

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services to patients, costs as computed for the federal Medicare program. Each hospital licensed

 

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under chapter 16 17 of title 23 which renders services to injured employees under the Workers'

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Compensation Act, chapters 29 -- 38 of this title, shall submit and certify to the director, in

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accordance with requirements of the administrative procedures established by him or her, its costs

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for those services. The employer shall also provide all medical, optical, dental, and surgical

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appliances and apparatus required to cure or relieve the employee from the effects of the injury,

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including but not being limited to the following: ambulance and nursing service, eyeglasses,

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dentures, braces and supports, artificial limbs, crutches, and other similar appliances; provided, that

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the employer shall not be liable to pay for or provide hearing aids or other amplification devices.

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     SECTION 16. Sections 28-35-8 and 28-35-41 of the General Laws in Chapter 28-35

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entitled “Workers Compensation – Procedure” are hereby amended to read as follows:

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     28-35-8. Filing of non-prejudicial memorandum of agreement.

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     (a) Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but

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specifically designates that agreement as a "non-prejudicial" or "without prejudice", the employer

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may pay weekly compensation benefits not exceeding thirteen (13) weeks. In these cases, the

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employer shall send a copy of the non-prejudicial memorandum and any amendments to it to the

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employee and his or her attorney or the representative of the decedent and his or her attorney by

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certified mail, return receipt requested, at the same time as it is filed with the department in the

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same manner as if it were a memorandum of agreement. The non-prejudicial memorandum of

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agreement shall contain all information as directed by § 28-35-1. Having done so, the non-

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prejudicial memorandum of agreement and any action taken pursuant to it shall be without

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prejudice to any party subsequently maintaining any position as to employer liability for payments

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under chapters 29 -- 38 of this title, maintainable in the absence of an agreement. If at any time

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within or at the close of the thirteen-week period after payments of compensation have commenced

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the employer or insurer terminates weekly payments to the employee or to those entitled to

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payments on account of death of an employee, the employer or insurer shall notify the employee

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and his or her attorney or the representative of the decedent employee and his or her attorney within

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ten (10) days on a form prescribed by the department that:

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     (1) Payments have terminated;

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     (2) The claim has not been formally accepted; and

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     (3) The employee has the right to file a petition, within the two (2) year limitation as set

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forth in § 28-35-57, to formally establish liability of the employer or insurer.

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     (b) If the employer or insurer makes payments of weekly benefits to the employee or to

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those entitled to payments on account of death of an employee for more than the thirteen (13) week

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period, the payments shall constitute a conclusive admission of liability and ongoing incapacity as

 

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to the injuries set forth in the non-prejudicial memorandum of agreement. The employer or insurer

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shall within ten (10) days of making additional payments file a memorandum of agreement pursuant

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to § 28-35-1.

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     28-35-41. Time for payment or notification to employee of controverted question.

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     For all injuries occurring on or before February 28, 1986, within twenty-one (21) days after

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the employer has notice of an injury or death as provided in chapters 29 -- 38, of this title and has

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received the initial medical report referred to in § 28-35-9 28-33-8, the employer or employer's

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insurer shall either immediately begin the payment of compensation, or advise the director and the

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employee or his or her representative that the right to benefits under those chapters is controverted.

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In the event that the employer or his or her insurer does not immediately begin the payment of

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compensation to the employee, or does not notify the director and the employee that the right to

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benefits under those chapters is controverted, within the time prescribed by this section, the

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employer or employer's insurer may be required to pay to an employee who successfully prosecutes

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a petition for workers' compensation an additional fifty dollars ($50.00), which is to be awarded to

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that employee by the workers' compensation court in its discretion and added to his or her first

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week's compensation.

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     SECTION 17. Section 28-37-1 of the General Laws in chapter 28-37 entitled “Workers

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Compensation Administrative Fund” is hereby amended to read as follows:

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     28-37-1. Establishment -- Sources -- Administration.

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     (a) There is established in the department of labor and training a special account to be

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known as the workers' compensation administrative account, an account within the general fund.

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This account, referred to as the "workers' compensation administrative account," shall consist of

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payments made to it as provided in this chapter, or penalties paid pursuant to this chapter, and of

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all other moneys paid into and received by the fund, of property and securities acquired by and

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through the use of moneys belonging to the fund, and of interest earned upon the moneys belonging

26

to the fund. All moneys in the fund shall be mingled and undivided. The fund shall be administered

27

by the director of labor and training or his or her designee.

28

     (b) The purposes for which this fund shall be used are as follows:

29

     (1) To provide funds to the Chief Judge Robert F. Arrigan rehabilitation center for suitable

30

structures, personnel, and equipment necessary for the rendering of rehabilitative services,

31

including, but not limited to, physical therapy, psychotherapy, and occupational therapy to injured

32

workers coming within the purview of chapters 29 -- 38 of this title;

33

     (2) To provide funds for all expenditures of the education unit created pursuant to § 42-16-

34

4 42-16.1-5 and all expenditures of the workers' compensation fraud prevention unit created

 

LC005928 - Page 11 of 74

1

pursuant to § 42-16.1-12;

2

     (3) To provide funds for all expenditures of the workers' compensation court. The

3

administrator of the fund shall on July 1st of each fiscal year transfer those funds that are reasonable

4

and necessary to fund all expenditures of the workers' compensation court for the fiscal year from

5

the administrative account, to a restricted receipt account to be established in the judicial

6

department. The administrator of the workers' compensation court is authorized to draw funds from

7

the restricted receipt account for all court expenditures;

8

     (4) To provide funds to the department of labor and training for all expenditures incurred

9

in administering its responsibilities under chapters 29 -- 38 of this title;

10

     (5) To provide funds to the department of labor and training for all expenditures incurred

11

in investigating and processing or otherwise administering its responsibilities regarding claims for

12

benefits or payments under §§ 28-35-20, 28-37-4 [Repealed], and 28-37-8;

13

     (6) To provide funds to the department of labor and training for the maintenance and

14

operation of a system of data collection as provided for in § 28-37-31. The director shall be

15

authorized to purchase and/or lease equipment necessary to effectuate the purposes of § 28-37-31;

16

     (7) To provide funds for loans to the state compensation insurance fund as provided in §§

17

27-7.2-19 and 27-7.2-20.1[Repealed]; and

18

     (8) To provide funds for the payment or reimbursement of actual incremental costs of

19

COLA increases mandated by § 28-33-17 respecting injuries occurring prior to September 1, 1990,

20

in such amounts as the director, in his or her sole discretion, deems appropriate. These amounts

21

may be paid out of the fund by order of the director and shall be made by order drawn on the general

22

treasury to be charged against the fund.

23

     (9) To provide funds to the workers' compensation advisory council created pursuant to the

24

provisions of § 28-29-30 for expenditures to carry out its responsibilities.

25

     (10) To provide funds to the department of business regulation relating to the evaluation

26

of rate filings, reviews, and pricing procedures pursuant to the provisions of § 27-9-52.

27

     SECTION 18. Sections 28-39-2 and 28-39-28 of the general laws in Chapter 28-39 entitled

28

“Temporary Disability Insurance – General Provisions” are hereby amended to read as follows:

29

     28-39-2. Definitions.

30

     The following words and phrases, as used in chapters 39 -- 41 of this title, have the

31

following meanings unless the context clearly requires otherwise:

32

     (1) "Average weekly wage" means the amount determined by dividing the individual's total

33

wages earned for services performed in employment within his or her base period by the number

34

of that individual's credit weeks within the base period;

 

LC005928 - Page 12 of 74

1

     (2) "Base period" with respect to an individual's benefit year when the benefit year begins

2

on or after October 7, 1990, means the first four (4) of the most recently completed five (5) calendar

3

quarters immediately preceding the first day of an individual's benefit year; provided, that for any

4

individual's benefit year when the benefit year begins on or after October 4, 1992, and for any

5

individual deemed monetarily ineligible for benefits under the "base period" as defined in this

6

subdivision, the department shall make a re-determination of entitlement based upon an alternate

7

base period which consists of the last four (4) completed calendar quarters immediately preceding

8

the first day of the claimant's benefit year. Notwithstanding anything contained to the contrary in

9

this subdivision, the base period shall not include any calendar quarter previously used to establish

10

a valid claim for benefits; provided, however, that the "base period" with respect to members of the

11

United States military service, the Rhode Island National Guard, or a United States military reserve

12

force, and who served in a United States declared combat operation during their military service,

13

who file a claim for benefits following their release from their state or federal active military service

14

and who are deemed to be monetarily ineligible for benefits under this section, shall mean the first

15

four (4) of the most recently completed five (5) calendar quarters immediately preceding the first

16

day the individual was called into that state or federal active military service; provided, that for any

17

individual deemed monetarily ineligible for benefits under the "base period" as defined in this

18

section, the department shall make a re-determination of entitlement based upon an alternative base

19

period which consists of the last four (4) completed calendar quarters immediately preceding the

20

first day the claimant was called into that state or federal active military service. Notwithstanding

21

any provision of this section of the general or public laws to the contrary, the base period shall not

22

include any calendar quarter previously used to establish a valid claim for benefits;

23

     (3) "Benefit" means the money payable, as provided in chapters 39 -- 41 of this title, to an

24

individual as compensation for his or her unemployment caused by sickness;

25

     (4) "Benefit credits" means the total amount of money payable to an individual as benefits,

26

as provided in § 28-41-7;

27

     (5) "Benefit rate" means the money payable to an individual as compensation, as provided

28

in chapters 39 -- 41 of this title, for his or her wage losses with respect to any week during which

29

his or her unemployment is caused by sickness;

30

     (6) "Benefit year" with respect to any individual who does not already have a benefit year

31

in effect, and who files a valid claim for benefits as of November 16, 1958, or any later date, means

32

fifty-two (52) consecutive calendar weeks, the first of which shall be the week containing the day

33

as of which he or she first files that valid claim in accordance with regulations adopted as

34

subsequently prescribed; provided, that for any benefit year beginning on or after October 7, 1990,

 

LC005928 - Page 13 of 74

1

the benefit year shall be fifty-three (53) consecutive calendar weeks if the subsequent filing of a

2

new valid claim immediately following the end of a previous benefit year would result in the

3

overlapping of any quarter of the base period of the prior new claim. In no event shall a new benefit

4

year begin prior to the Sunday next following the end of the old benefit year;

5

     (i) For benefit years that begin on or after July 1, 2012, an individual's benefit year will

6

begin on the Sunday of the calendar week in which an individual first became unemployed due to

7

sickness and for which the individual has filed a valid claim for benefits;

8

     (7) "Board" means the board of review as created under chapter 19 of title 42 16.1 of title

9

42;

10

     (8) "Calendar quarter" has the same definition as contained in chapter 42 of this title;

11

     (9) "Credit week" means any week within an individual's base period in which that

12

individual earns wages amounting to at least twenty (20) times the minimum hourly wage as

13

defined in chapter 12 of this title, for performing services in employment for one or more employers

14

subject to chapters 39 -- 41 of this title;

15

     (10) "Director" means the director of the department of labor and training;

16

     (11) "Employee" means any person who is or has been employed by an employer subject

17

to chapters 39 -- 41 of this title and in employment subject to those chapters;

18

     (12) "Employer" means any employing unit that is an employer under chapters 42 -- 44 of

19

this title;

20

     (13) "Employing unit" has the same definition as contained in chapter 42 of this title and

21

includes any governmental entity that elects to become subject to the provisions of chapters 39 --

22

41 of this title, in accordance with the provisions of §§ 28-39-3.1 and 28-39-3.2;

23

     (14) "Employment" has the same definition as contained in chapter 42 of this title;

24

     (15) "Employment office" has the same definition as contained in chapter 42 of this title;

25

     (16) "Fund" means the Rhode Island temporary disability insurance fund established by

26

this chapter;

27

     (17) "Partial unemployment due to sickness." For weeks beginning on or after January 1,

28

2006 an individual shall be deemed partially unemployed due to sickness in any week of less than

29

full-time work if he or she fails to earn in wages for services for that week an amount equal to the

30

weekly benefit rate for total unemployment due to sickness to which he or she would be entitled if

31

totally unemployed due to sickness and eligible.

32

     (i) For the purposes of this subdivision and subdivision (22) of this section, "Wages"

33

includes only that part of remuneration for any work, which is in excess of one-fifth (1/5) of the

34

weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

 

LC005928 - Page 14 of 74

1

($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

2

week, and "services" includes only that part of any work for which remuneration in excess of one-

3

fifth (1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of

4

one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in

5

any one week is payable; provided, that nothing contained in this paragraph shall permit any

6

individual to whom remuneration is payable for any work performed in any week in an amount

7

equal to, or greater than, his or her weekly benefit rate to receive benefits under this subdivision

8

for that week.

9

     (18) "Reserve fund" means the temporary disability insurance reserve fund established by

10

§ 28-39-7;

11

     (19) "Services" means all endeavors undertaken by an individual that are paid for by

12

another or with respect to which the individual performing the services expects to receive wages or

13

profits;

14

     (20) "Sickness." An individual shall be deemed to be sick in any week in which, because

15

of his or her physical or mental condition, including pregnancy, he or she is unemployed and unable

16

to perform his or her regular or customary work or services;

17

     (21)(i) "Taxes" means the money payments required by chapters 39 -- 41 of this title, to be

18

made to the temporary disability insurance fund or to the temporary disability insurance reserve

19

fund.

20

     (ii) Wherever and whenever in chapters 39 -- 41 of this title, the words "contribution"

21

and/or "contributions" appear, those words shall be construed to mean the "taxes," as defined in

22

this subdivision, which are the money payments required by those chapters to be made to the

23

temporary disability insurance fund or to the temporary disability insurance reserve fund;

24

     (22) "Wages" has the same definition as contained in chapter 42 of this title; provided, that

25

no individual shall be denied benefits under chapters 39 -- 41 of this title because his or her

26

employer continues to pay to that individual his or her regular wages, or parts of them, while he or

27

she is unemployed due to sickness and unable to perform his or her regular or customary work or

28

services. The amount of any payments, whether or not under a plan or system, made to or on behalf

29

of an employee by his or her employer after the expiration of six (6) calendar months following the

30

last calendar month in which the employee performed actual bona fide personal services for his or

31

her employer, shall not be deemed to be wages either for the purpose of paying contributions

32

thereon under chapter 40 of this title, or for the purpose of being used as a basis for paying benefits

33

under chapter 41 of this title; and

34

     (23) "Week" has the same definition as contained in chapter 42 of this title.

 

LC005928 - Page 15 of 74

1

     28-39-28. Disposition of fines.

2

     All fines specified or provided for in §§ 28-39-23 -- 28-39-32 28-39-27 shall be paid to the

3

temporary disability insurance reserve fund.

4

     SECTION 19. Sections 28-41-13 and 28-41-35 of the General Laws in Chapter 28-41

5

entitled “Temporary Disability Insurance – Benefits” are hereby amended to read as follows:

6

     28-41-13. Disqualification by receipt of unemployment compensation benefits.

7

     (a)(1) An individual shall be disqualified from receiving benefits during any week with

8

respect to which he or she will receive remuneration in the form of benefits under an unemployment

9

compensation law of any state or of the United States.

10

     (2) Notwithstanding any provisions of chapters 39 -- 41 of this title to the contrary, an

11

individual receiving unemployment compensation and who is injured while unemployed and who

12

is then denied unemployment compensation as a result of those injuries, shall, if otherwise eligible,

13

be entitled to receive temporary disability insurance benefits without serving a waiting period as

14

required in § 28-41-12.[repealed]

15

     (b) Notwithstanding any provisions of chapters 39 -- 41 of this title to the contrary, if an

16

individual has been determined to have been paid unemployment compensation benefits and/or

17

dependents' allowances under chapters 42 -- 44 of this title, for the same week or weeks with respect

18

to which the individual was entitled to receive temporary disability insurance benefits and/or

19

dependents' allowances under chapters 39 -- 41 of this title, that individual shall, at the discretion

20

of the director, be liable to have that sum deducted from any benefits payable to him or her under

21

chapters 39 -- 41 of this title for the same week or weeks, to reimburse the director for the

22

employment security fund.

23

     28-41-35. Benefits.

24

     (a) Subject to the conditions set forth in this chapter, an employee shall be eligible for

25

temporary caregiver benefits for any week in which he or she is unable to perform his or her regular

26

and customary work because he or she is:

27

     (1) Bonding with a newborn child or a child newly placed for adoption or foster care with

28

the employee or domestic partner in accordance with the provisions of § 28-41-36(c)(1) 28-41-

29

36(c); or

30

     (2) Caring for a child, parent, parent-in-law, grandparent, spouse, or domestic partner, who

31

has a serious health condition, subject to a waiting period in accordance with the provisions of §

32

28-41-12 [repealed]. Employees may use accrued sick time during the eligibility waiting period in

33

accordance with the policy of the individual's employer.

34

     (b) Temporary caregiver benefits shall be available only to the employee exercising his or

 

LC005928 - Page 16 of 74

1

her right to leave while covered by the temporary caregiver insurance program. An employee shall

2

file a written intent with his or her employer, in accordance with rules and regulations promulgated

3

by the department, with a minimum of thirty (30) days' notice prior to commencement of the family

4

leave. Failure by the employee to provide the written intent may result in delay or reduction in the

5

claimant's benefits, except in the event the time of the leave is unforeseeable or the time of the leave

6

changes for unforeseeable circumstances.

7

     (c) Employees cannot file for both temporary caregiver benefits and temporary disability

8

benefits for the same purpose, concurrently, in accordance with all provisions of this act and

9

chapters 39 -- 41 of this title.

10

     (d) Temporary caregiver benefits may be available to any individual exercising his or her

11

right to leave while covered by the temporary caregiver insurance program, commencing on or

12

after January 1, 2014, which shall not exceed the individual's maximum benefits in accordance with

13

chapters 39 -- 41 of this title. The benefits for the temporary caregiver program shall be payable

14

with respect to the first day of leave taken after the waiting period and each subsequent day of leave

15

during that period of family temporary disability leave. Benefits shall be in accordance with the

16

following:

17

     (1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum

18

of four (4) weeks in a benefit year;

19

     (2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum

20

of five (5) weeks in a benefit year;

21

     (3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum

22

of six (6) weeks in a benefit year.

23

     (e) In addition, no individual shall be paid temporary caregiver benefits and temporary

24

disability benefits that together exceed thirty (30) times his or her weekly benefit rate in any benefit

25

year.

26

     (f) Any employee who exercises his or her right to leave covered by temporary caregiver

27

insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by

28

the employer to the position held by the employee when the leave commenced, or to a position with

29

equivalent seniority, status, employment benefits, pay, and other terms and conditions of

30

employment including fringe benefits and service credits that the employee had been entitled to at

31

the commencement of leave.

32

     (g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain

33

any existing health benefits of the employee in force for the duration of the leave as if the employee

34

had continued in employment continuously from the date he or she commenced the leave until the

 

LC005928 - Page 17 of 74

1

date the caregiver benefits terminate; provided, however, that the employee shall continue to pay

2

any employee shares of the cost of health benefits as required prior to the commencement of the

3

caregiver benefits.

4

     (h) No individual shall be entitled to waiting period credit or temporary caregiver benefits

5

under this section for any week beginning prior to January 1, 2014. An employer may require an

6

employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No.

7

103-3 and/or the Rhode Island Parental and Family Medical Leave Act, § 28-48-1 et seq., who

8

exercises his or her right to benefits under the temporary caregiver insurance program under this

9

chapter, to take any temporary caregiver benefits received, concurrently, with any leave taken

10

pursuant to the federal Family and Medical Leave Act and/or the Rhode Island Parental and Family

11

Medical Leave Act.

12

     (i) Temporary caregiver benefits shall be in accordance with the federal Family and

13

Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island Parental and Family Medical

14

Leave Act in accordance with § 28-48-1 et seq. An employer may require an employee who is

15

entitled to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the

16

Rhode Island Parental and Family Medical Leave Act, § 28-48-1 et seq., who exercises his or her

17

right to benefits under the temporary caregiver insurance program under this chapter, to take any

18

temporary caregiver benefits received, concurrently, with any leave taken pursuant to the federal

19

Family and Medical Leave Act and/or the Rhode Island Parental and Family Medical Leave Act.

20

     SECTION 20. Sections 28-42-3, 28-42-14.1, 28-42-38.1, 28-42-38.2, 28-42-67, 28-42-69

21

and 28-42-78 of the General Laws in chapter 28-42 entitled “Employment Security – General

22

Provisions” are hereby amended to read as follows:

23

     28-42-3. Definitions.

24

     The following words and phrases, as used in chapters 42 -- 44 of this title, have the

25

following meanings unless the context clearly requires otherwise:

26

     (1) "Administration account" means the employment security administration account

27

established by this chapter.

28

     (2) "Average weekly wage" means the amount determined by dividing the individual's total

29

wages earned for service performed in employment within the individual's base period by the

30

number of that individual's credit weeks within the individual's base period.

31

     (3) "Base period," with respect to an individual's benefit year, means the first four (4), of

32

the most recently completed five (5) calendar quarters immediately preceding the first day of an

33

individual's benefit year. For any individual's benefit year, and for any individual deemed

34

monetarily ineligible for benefits for the "base period" as defined in this subdivision, the department

 

LC005928 - Page 18 of 74

1

shall make a re-determination of entitlement based upon the alternate base period that consists of

2

the last four (4) completed calendar quarters immediately preceding the first day of the claimant's

3

benefit year. Notwithstanding anything contained to the contrary in this subdivision, the base period

4

shall not include any calendar quarter previously used to establish a valid claim for benefits;

5

provided, that notwithstanding any provision of chapters 42 -- 44 of this title to the contrary, for

6

the benefit years beginning on or after October 4, 1992, whenever an individual who has received

7

workers' compensation benefits is entitled to reinstatement under § 28-33-47, but the position to

8

which reinstatement is sought does not exist or is not available, the individual's base period shall

9

be determined as if the individual filed for benefits on the date of the injury.

10

     (4) "Benefit" means the money payable to an individual as compensation for the

11

individual's wage losses due to unemployment as provided in these chapters.

12

     (5) "Benefit credits" means the total amount of money payable to an individual as benefits,

13

as determined by § 28-44-9.

14

     (6) "Benefit rate" means the money payable to an individual as compensation, as provided

15

in chapters 42 -- 44 of this title, for the individual's wage losses with respect to any week of total

16

unemployment.

17

     (7) "Benefit year," with respect to any individual who does not already have a benefit year

18

in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks,

19

the first of which shall be the week containing the day as of which he or she first files a valid claim

20

in accordance with regulations adopted as hereinafter prescribed; provided, that the benefit year

21

shall be fifty-three (53) weeks if the filing of a new, valid claim would result in overlapping any

22

quarter of the base period of a prior new claim previously filed by the individual. In no event shall

23

a new benefit year begin prior to the Sunday next following the end of the old benefit year.

24

     (8) "Calendar quarter" means the period of three (3) consecutive calendar months ending

25

March 31, June 30, September 30, and December 31; or the equivalent thereof, in accordance with

26

regulations as subsequently prescribed.

27

     (9) "Contributions" means the money payments to the state employment security fund

28

required by those chapters.

29

     (10) "Credit amount," effective July 6, 2014, means earnings by the individual in an amount

30

equal to at least eight (8) times the individual's weekly benefit rate.

31

     (11) "Credit week," prior to July 1, 2012, means any week within an individual's base

32

period in which that individual earned wages amounting to at least twenty (20) times the minimum

33

hourly wage as defined in chapter 12 of this title for performing services in employment for one or

34

more employers subject to chapters 42 -- 44 of this title, and for the period July 1, 2012, through

 

LC005928 - Page 19 of 74

1

July 5, 2014, means any week within an individual's base period in which that individual earned

2

wages amounting to at least the individual's weekly benefit rate for performing services in

3

employment for one or more employers subject to chapters 42 -- 44 of this title.

4

     (12) "Crew leader," for the purpose of subdivision (19) of this section, means an individual

5

who:

6

     (i) Furnishes individuals to perform service in agricultural labor for any other person;

7

     (ii) Pays (either on the crew leader's own behalf or on behalf of that other person) the

8

individuals so furnished by the crew leader for the service in agricultural labor performed by them;

9

and

10

     (iii) Has not entered into a written agreement with that other person (farm operator) under

11

which that individual (crew leader) is designated as an employee of that other person (farm

12

operator).

13

     (13) "Director" means the head of the department of labor and training or the director's

14

authorized representative.

15

     (14) "Domestic service employment." "Employment" includes domestic service in a

16

private home performed for a person who paid cash remuneration of one thousand dollars ($1,000)

17

or more in any calendar quarter in the current calendar year, or the preceding calendar year, to

18

individuals employed in that domestic service.

19

     (15) "Employee" means any person who is, or has been, employed by an employer subject

20

to those chapters and in employment subject to those chapters.

21

     (16) "Employer" means:

22

     (i) Any employing unit that was an employer as of December 31, 1955;

23

     (ii) Any employing unit that for some portion of a day on and after January 1, 1956, has,

24

or had, in employment, within any calendar year, one or more individuals; except, however, for

25

"domestic service employment," as defined in subdivision (14) of this section;

26

     (iii) For the effective period of its election pursuant to § 28-42-12, any other employing

27

unit that has elected to become subject to chapters 42 -- 44 of this title; or

28

     (iv) Any employing unit not an employer by reason of any other paragraph of this

29

subdivision for which, within either the current or preceding calendar year, service is, or was,

30

performed with respect to which that employing unit is liable for any federal tax against which

31

credit may be taken for contributions required to be paid into this state's employment security fund;

32

or which, as a condition for approval of chapters 42 -- 44 of this title for full tax credit against the

33

tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., is required, pursuant

34

to that act, to be an "employer" under chapters 42 -- 44 of this title.

 

LC005928 - Page 20 of 74

1

     (17) "Employing unit" means any person, partnership, association, trust, estate, or

2

corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver,

3

or trustee, or the legal representative of a deceased person, that has, or had, in the unit's employ,

4

one or more individuals. For the purposes of subdivision (14) of this section, a private home shall

5

be considered an employing unit only if the person for whom the domestic service was performed

6

paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the

7

current calendar year, or the preceding calendar year, to individuals employed in that domestic

8

service in that private home.

9

     (18)(i) "Employment," subject to §§ 28-42-4 -- 28-42-10, means service, including service

10

in interstate commerce, performed for wages, or under any contract of hire, written or oral, express

11

or implied; provided, that service performed shall also be deemed to constitute employment for all

12

the purposes of chapters 42 -- 44 of this title if performed by an individual in the employ of a

13

nonprofit organization as described in subdivision (25) of this section, except as provided in § 28-

14

42-8(7).

15

     (ii) Notwithstanding any other provisions of this section, "Employment" also means service

16

with respect to which a tax is required to be paid under any federal law imposing a tax against

17

which credit may be taken for contributions required to be paid into this state's employment security

18

fund or which, as a condition for full tax credit against the tax imposed by the Federal

19

Unemployment Tax Act, is required to be covered under chapters 42 -- 44 of this title.

20

     (iii) Employment not to include owners. Employment does not include services performed

21

by sole proprietors (owners), partners in a partnership, limited liability company -- single member

22

filing as a sole proprietor with the IRS, or members of a limited liability company filing as a

23

partnership with the IRS.

24

     (19) "Employment -- Crew leader." For the purposes of subdivision (12) of this section:

25

     (i) Any individual who is a member of a crew furnished by a crew leader to perform service

26

in agricultural labor for any other person shall be treated as an employee of that crew leader if:

27

     (A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal

28

Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq., or substantially all members of that

29

crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other

30

mechanized equipment that is provided by that crew leader; and

31

     (ii) That individual is not an employee of the other person within the meaning of

32

subdivision (15) of this section; and

33

     (iii) In the case of any individual who is furnished by a crew leader to perform service in

34

agricultural labor for any other person and who is not treated as an employee of that crew leader:

 

LC005928 - Page 21 of 74

1

     (A) That other person, and not the crew leader, shall be treated as the employer of that

2

individual; and

3

     (B) That other person shall be treated as having paid cash remuneration to that individual

4

in an amount equal to the amount of cash remuneration paid to that individual by the crew leader

5

(either on the crew leader's own behalf or on behalf of that other person) for the service in

6

agricultural labor performed for that other person.

7

     (20) "Employment office" means a free, public-employment office, or its branch, operated

8

by the director or by this state as part of a system of free, public-employment offices, or any other

9

agency that the director may designate with the approval of the Social Security Administration.

10

     (21) "Fund" means the employment security fund established by this chapter.

11

     (22) "Governmental entity" means state and local governments in this state and includes

12

the following:

13

     (i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of

14

the state, or any of its instrumentalities;

15

     (ii) Any instrumentality of more than one of these entities; or

16

     (iii) Any instrumentality of any of these entities and one or more other states or political

17

subdivisions.

18

     (23) "Hospital" means an institution that has been licensed, certified, or approved by the

19

department of health as a hospital.

20

     (24)(i) "Institution of higher education" means an educational institution in this state that:

21

     (A) Admits, as regular students, only individuals having a certificate of graduation from a

22

high school, or the recognized equivalent of such certificate;

23

     (B) Is legally authorized within this state to provide a program of education beyond high

24

school;

25

     (C) Provides:

26

     (I) An educational program for which it awards a bachelor's or higher degree, or a program

27

that is acceptable for full credit toward such a degree;

28

     (II) A program of post-graduate or post-doctoral studies; or

29

     (III) A program of training to prepare students for gainful employment in a recognized

30

occupation; and

31

     (D) Is a public or other nonprofit institution.

32

     (ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and

33

universities in this state are institutions of higher education for purposes of this section.

34

     (25) "Nonprofit organization" means an organization, or group of organizations, as defined

 

LC005928 - Page 22 of 74

1

in 26 U.S.C. § 501(c)(3), that is exempt from income tax under 26 U.S.C. § 501(a).

2

     (26)(i) "Partial unemployment." An employee shall be deemed partially unemployed in any

3

week of less than full-time work if the employee fails to earn in wages for that week an amount

4

equal to the weekly benefit rate for total unemployment to which the employee would be entitled

5

if totally unemployed and eligible. For weeks beginning on or after May 23, 2021, through June

6

30, 2022, an employee shall be deemed partially unemployed in any week of less than full-time

7

work if the employee fails to earn wages for that week in an amount equal to or greater than one

8

hundred and fifty percent (150%) of the weekly benefit rate for total unemployment to which the

9

employee would be entitled if totally unemployed and eligible.

10

     (ii) For the purposes of this subdivision and subdivision (28) of this section, "wages"

11

includes only that part of remuneration for any work that is in excess of one-fifth (1/5) of the weekly

12

benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to

13

which the individual would be entitled if totally unemployed and eligible in any one week, and

14

"services" includes only that part of any work for which remuneration in excess of one-fifth (1/5)

15

of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

16

($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

17

week is payable; provided, that nothing contained in this paragraph shall permit any individual to

18

whom remuneration is payable for any work performed in any week in an amount equal to or greater

19

than his or her weekly benefit rate to receive benefits under this subdivision for that week.

20

     (iii) Notwithstanding the foregoing, for weeks ending on or after May 23, 2021, through

21

June 30, 2022, "wages" includes only that part of remuneration for any work that is in excess of

22

fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the next lower

23

multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and

24

eligible in any one week, and "services" includes only that part of any work for which remuneration

25

in excess of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the

26

next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally

27

unemployed and eligible in any one week is payable. Provided, that, during the period defined in

28

this subdivision, nothing contained in this subdivision shall permit any individual to whom

29

remuneration is payable for any work performed in any week in an amount equal to or greater than

30

one hundred fifty percent (150%) of their weekly benefit rate to receive benefits under this

31

subdivision for that week.

32

     (iv) Notwithstanding anything contained to the contrary in this subdivision, "services," as

33

used in this subdivision and in subdivision (28) of this section, does not include services rendered

34

by an individual under the exclusive supervision of any agency of this state, or any of its political

 

LC005928 - Page 23 of 74

1

subdivisions, by which the services are required solely for the purpose of affording relief, support,

2

or assistance to needy individuals performing those services, or services performed by members of

3

the national guard and organized reserves in carrying out their duties in weekly drills as members

4

of those organizations. "Wages," as used in this subdivision and in subdivision (28) of this section,

5

does not include either remuneration received by needy individuals for rendering the

6

aforementioned services when that remuneration is paid exclusively from funds made available for

7

that purpose out of taxes collected by this state or any of its political subdivisions, or remuneration

8

received from the federal government by members of the national guard and organized reserves, as

9

drill pay, including longevity pay and allowances.

10

     (27) "Payroll" means the total amount of all wages paid by the employer to the employer's

11

employees for employment.

12

     (28) "Total unemployment." An individual shall be deemed totally unemployed in any

13

week in which the individual performs no services (as used in subdivision (26) of this section) and

14

for which the individual earns no wages (as used in subdivision (26) of this section), and in which

15

the individual cannot reasonably return to any self-employment in which the individual has

16

customarily been engaged.

17

     (29) "Wages" means all remuneration paid for personal services on or after January 1, 1940,

18

including commissions and bonuses and the cash value of all remuneration paid in any medium

19

other than cash, and all other remuneration that is subject to a tax under a federal law imposing a

20

tax against which credit may be taken for contributions required to be paid into a state

21

unemployment fund. Gratuities customarily received by an individual in the course of the

22

individual's employment from persons other than the individual's employing unit shall be treated

23

as wages paid by the individual's employing unit. The reasonable cash value of remuneration paid

24

in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and

25

determined in accordance with rules prescribed by the director; except that for the purpose of this

26

subdivision and of §§ 28-43-1 -- 28-43-14 28-43-1 – 28-43-8.1, 28-43-8.2[Repealed], 28-43-8.3,

27

28-43-8.4[Repealed], 28-43-8.5 – 28-43-8.10, 28-43-11[Repealed] and 28-43-12 – 28-43-14, this

28

term does not include:

29

     (i) That part of remuneration that is paid by an employer to an individual with respect to

30

employment during any calendar year, after remuneration equal to the amount of the taxable wage

31

base as determined in accordance with § 28-43-7 has been paid during that calendar year by the

32

employer or the employer's predecessor to that individual; provided, that if the definition of

33

"wages" as contained in the Federal Unemployment Tax Act is amended to include remuneration

34

in excess of the taxable wage base for that employment, then, for the purposes of §§ 28-43-1 -- 28-

 

LC005928 - Page 24 of 74

1

43-14, "wages" includes the remuneration as previously set forth, up to an amount equal to the

2

dollar limitation specified in the federal act. For the purposes of this subdivision, "employment"

3

includes services constituting employment under any employment security law of another state or

4

of the federal government;

5

     (ii) The amount of any payment made to, or on behalf of, an employee under a plan or

6

system established by an employer that makes provision for employees generally, or for a class or

7

classes of employees (including any amount paid by an employer or an employee for insurance or

8

annuities, or into a fund, to provide for any such payment), on account of:

9

     (A) Retirement;

10

     (B) Sickness or accident disability;

11

     (C) Medical and hospitalization expenses in connection with sickness or accident

12

disability; or

13

     (D) Death; provided, that the employee has not the:

14

     (I) Option to receive, instead of provision for that death benefit, any part of that payment

15

or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by

16

the individual's employer; and

17

     (II) Right, under the provisions of the plan or system or policy of insurance providing for

18

that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit

19

either upon the employee's withdrawal from the plan or system providing for that benefit or upon

20

termination of the plan or system or policy of insurance, or of the individual's employment with

21

that employer;

22

     (E) The payment by an employer (without deduction from the remuneration of the

23

employee) of:

24

     (I) The tax imposed upon an employee under 26 U.S.C. § 3101; or

25

     (II) Any payment required from an employee under chapters 42 -- 44 of this title;

26

     (iii) Any amount paid by an employee, or an amount paid by an employer, under a benefit

27

plan organized under the Internal Revenue Code [26 U.S.C. § 125].

28

     (30) "Week" means the seven-day (7) calendar week beginning on Sunday at 12:01 A.M.

29

and ending on Saturday at 12:00 A.M. midnight.

30

     28-42-14.1. Treatment of Indian tribes.

31

     (a) "Employer" includes any Indian tribe for which service in employment as defined under

32

chapters 42 -- 44 of this title is performed.

33

     (b) "Employment" includes service performed in the employ of an Indian tribe, as defined

34

in section 3306(u) of the Federal Unemployment Tax Act (FUTA), 26 U.S.C. § 3306(u), provided

 

LC005928 - Page 25 of 74

1

the service is excluded from "employment" as defined in FUTA solely by reason of section

2

3306(c)(7), FUTA, 26 U.S.C. § 3306(c)(7), and is not otherwise excluded from "employment"

3

under chapters 42 -- 44 of this title. For the purposes of this section, the exclusions from

4

employment in § 28-42-14 shall be applicable to service performed in the employ of an Indian tribe.

5

     (c) Benefits based on service in employment defined in this section shall be payable in the

6

same amount, on the same terms and subject to the same conditions as benefits payable on the basis

7

of other service required to be covered under chapters 42 -- 44 of this title.

8

     (d)(1) Indian tribes or tribal units (subdivisions, subsidiaries or business enterprises wholly

9

owned by such Indian tribes) subject to the provisions of chapters 42 -- 44 of this title shall pay

10

contributions under the same terms and conditions as all other subject employers, unless they elect

11

to pay into the employment security fund amounts equal to the amount of benefits attributable to

12

service in the employ of the Indian tribe.

13

     (2) Indian tribes electing to make payments in lieu of contributions must make that election

14

in the same manner and under the same conditions as provided in §§ 28-43-24 -- 28-43-31 and 28-

15

43-28 – 28-43- 31 pertaining to state and local governments and nonprofit organizations subject to

16

the provisions of chapters 42 -- 44 of this title. Indian tribes will determine if reimbursement for

17

benefits paid will be elected by the tribe as a whole, by individual tribal units, or by combinations

18

of individual tribal units.

19

     (3) Indian tribes or tribal units will be billed for the full amount of benefits attributable to

20

service in the employ of the Indian tribe or tribal unit on the same schedule as other employing

21

units that have elected to make payments in lieu of contributions.

22

     (4) At the discretion of the director, any Indian tribe or tribal unit that elects to become

23

liable for payments in lieu of contributions shall be required within thirty (30) days after the

24

effective date of its election, to:

25

     (A) execute and file with the director a surety bond approved by the director; or

26

     (B) deposit with the director money or securities on the same basis as other employers with

27

the same election option.

28

     (e)(1)(i) Failure of the Indian tribe or tribal unit to make required payments, including

29

assessments of interest and penalty, within ninety (90) days of receipt of the bill will cause the

30

Indian tribe to lose the option to make payments in lieu of contributions, as described in subsection

31

(d), for the following tax year unless payment in full is received before contribution rates for next

32

tax year are computed.

33

     (ii) Indian tribe that loses the option to make payments in lieu of contributions due to late

34

payment or nonpayment, as described in paragraph (i) of this subdivision, shall have that option

 

LC005928 - Page 26 of 74

1

reinstated if, after a period of one year, all contributions have been made timely, provided no

2

contributions, payments in lieu of contributions for benefits paid, penalties or interest remain

3

outstanding.

4

     (2)(i) Failure of the Indian tribe or any of its tribal units to make required payments,

5

including assessments of interest and penalty, after all collection activities deemed necessary by

6

the director have been exhausted, will cause services performed for that tribe to not be treated as

7

"employment" for purposes of subsection (b) of this section.

8

     (ii) The director may determine that any Indian tribe that loses coverage under paragraph

9

(i) of this subdivision may have services performed for that tribe again included as "employment"

10

for purposes of subsection (b) of this section if all contributions, payments in lieu of contributions,

11

penalties and interest have been paid.

12

     (iii) The director will notify the United States Internal Revenue Service and the United

13

States Department of Labor of any termination or reinstatement of coverage made under paragraphs

14

(i) and (ii) of this subdivision.

15

     (f) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall

16

include information that failure to make full payment within the prescribed time frame:

17

     (1) Will cause the Indian tribe to be liable for taxes under FUTA;

18

     (2) Will cause the Indian tribe to lose the option to make payments in lieu of contributions;

19

     (3) Could cause the Indian tribe to be excepted from the definition of "employer," as

20

provided in subsection (a) of this section, and services in the employ of the Indian tribe, as provided

21

in subsection (b) of this section, to be excepted from "employment."

22

     (g) Extended benefits paid under the provisions of § 28-44-62 that are attributable to

23

service in the employ of an Indian tribe and not reimbursed by the federal government shall be

24

financed in their entirety by the Indian tribe.

25

     28-42-38.1. Quarterly wage reports.

26

     (a)(1) The department of labor and training is designated and constituted the agency within

27

this state charged with the responsibility of collecting quarterly wage information, as required by

28

42 U.S.C. § 1320b-7. Each employer shall be required to submit a detailed wage report to the

29

director, for all calendar quarters within thirty (30) days after the end of each quarter in a form and

30

manner prescribed by the director, listing each employee's name; social security account number;

31

the total amount of wages paid to each employee; and any other information that the director deems

32

necessary. All reports shall be in addition to those now required by the department.

33

     (2) The department will utilize the quarterly wage information that it collects from

34

employers to establish an individual's eligibility for unemployment insurance benefits and to

 

LC005928 - Page 27 of 74

1

determine the amount and duration of benefits for all new claims filed.

2

     (3) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

3

department may utilize employee quarterly wage information submitted by employers to measure

4

the progress of the state in meeting the performance measures developed in response to United

5

States Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. § 2801 et seq.)

6

113-128, the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.),

7

further provided however, that the department may verify certain employee quarterly wage

8

information for the local workforce investment board and provide it with the verified data under

9

procedures established by rules and regulations promulgated by the director. The director shall also

10

make the quarterly wage information available, upon request, to the agencies of other states in the

11

performance of their public duties under the Workforce Investment Act of 1998 Workforce

12

Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.) in that state. This information

13

shall be made available only to the extent required by the Secretary of Labor and necessary for the

14

valid administrative needs of the authorized agencies, and all agencies requesting this data shall

15

protect it from unauthorized disclosure. The department shall be reimbursed by the agencies

16

requesting the information for the costs incurred in providing the information.

17

     (4) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

18

department may provide quarterly wage information to the United States Census Bureau for the

19

purpose of participating in a joint local employment dynamics program with the United States

20

Census Bureau and the Bureau of Labor Statistics.

21

     (5) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

22

department may provide employee quarterly wage information to the department's designated

23

research partners for the purpose of its workforce data quality and workforce innovation fund

24

initiatives. The provision of these records will be done in accordance with an approved data-sharing

25

agreement between the department and its designated research partners that protects the security

26

and confidentiality of these records and through procedures established by protocols, rules and/or

27

regulations as determined necessary by the director and appropriately established or promulgated.

28

     (b) Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, an

29

employer who or that fails to file a detailed wage report in the manner and at the times required by

30

subsection (a) of this section for any calendar quarter shall pay a penalty of twenty-five dollars

31

($25.00) for each failure or refusal to file. An additional penalty of twenty-five dollars ($25.00)

32

shall be assessed for each month the report is delinquent; provided, that this penalty shall not exceed

33

two hundred dollars ($200.00) for any one report. This penalty shall be paid into the employment

34

security tardy account fund and if any employer fails to pay the penalty, when assessed, it shall be

 

LC005928 - Page 28 of 74

1

collected by civil action as provided in § 28-43-18.

2

     28-42-38.2. Income and eligibility verification.

3

     (a) The department of labor and training will participate in the income and eligibility

4

verification procedures as required by 42 U.S.C. § 1302b-7 42 U.S.C. § 1320(b)-7, which provides

5

for the exchange of information among agencies administering federally assisted programs for aid

6

to families with dependent children, Medicaid, food stamps, supplemental security income,

7

unemployment insurance, and any other state program under a plan approved under Title I, X, XIV,

8

or XVI of the Social Security Act, 42 U.S.C. § 301 et seq., 1201 et seq., 1351 et seq., or 1381 et

9

seq., respectively.

10

     (b) Notwithstanding any other provisions of this chapter, the director will provide, upon

11

request: (1) quarterly wage information to all authorized agencies for income and eligibility

12

verification purposes and, further, to the appropriate state or local child support enforcement agency

13

operating pursuant to a plan described in 42 U.S.C. § 654 which has been approved by the Secretary

14

of Health and Human Services under Part D of Title IV of the Social Security Act, 42 U.S.C. § 651

15

et seq. (2) quarterly wage information for child support enforcement purposes to the Department

16

of Health and Human Services in accordance with United States P.L. 100-485, Family Support Act

17

of 1988; and (3) quarterly wage information to the Department of Housing and Urban Development

18

and to authorized representatives of public housing agencies in accordance with the Stewart B.

19

McKinney Homeless Assistance Act, 42 U.S.C. § 11301 et seq. This information shall be made

20

available only to the extent necessary for the valid administrative needs of the authorized agencies

21

and all agencies requesting this data shall protect it from unauthorized disclosures. The department

22

shall be reimbursed by the agencies requesting the information for the costs incurred in providing

23

the information.

24

     28-42-67. Disposition of fines.

25

     All fines specified or provided for in §§ 28-42-62 -- 28-42-66 28-42-62[Repealed], 28-42-

26

62.1, 28-42-63[Repealed], 28-42-64, and 28-42-65 – 28-42-66 shall be paid to the employment

27

security tardy account fund.

28

     28-42-69. Complaints to invoke penalties.

29

     The director shall be the party complainant to any complaint and warrant brought to invoke

30

the penalties provided for in §§ 28-42-62 -- 28-42-66 28-42-62[Repealed], 28-42-62.1, 28-42-

31

63[Repealed] and 28-42-63.1 – 28-42-67, and the director shall be exempt from giving surety for

32

costs in any action.

33

     28-42-78. Establishment of employment security tardy account fund -- Sources.

34

     (a)(1) There is created as a restricted receipt account within the general fund the

 

LC005928 - Page 29 of 74

1

employment security tardy account fund, to be administered by the director without liability on the

2

part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of:

3

     (i) All penalties received from employers and paid pursuant to §§ 28-42-62 -- 28-42-66 28-

4

42-62[Repealed] 28-42-62.1, 28-42-63[Repealed] 28-42-64, and 28-42-65 – 28-42-67,

5

     (ii) All other moneys paid into and received by the fund;

6

     (iii) Property and securities acquired by and through the use of moneys belonging to the

7

fund; and

8

     (iv) Interest earned upon the moneys belonging to the fund.

9

     (2) All moneys in the fund shall be mingled and undivided.

10

     (b) All moneys received by the director for account of the employment security tardy

11

account fund shall, upon receipt, be deposited by the director in a clearance account in a bank in

12

this state and shall be exempt from the provisions of § 35-4-27.

13

     SECTION 21. Sections 28-43-2 and 28-43-3 of the General laws in Chapter 28-43 entitled

14

“Employment Security – Contributions” are hereby amended to read as follows:

15

     28-43-2. Balancing account -- Credits and charges.

16

     Subsequent to the establishment of the balancing account as set forth in § 28-43-1(1), the

17

credits and charges to that account shall be determined by the director as follows:

18

     (1) Credits to the balancing account:

19

     (i) All interest earnings received by the fund;

20

     (ii) All transfers to the credit of the account of this state in the unemployment trust fund

21

under 42 U.S.C. § 903(a) 42 U.S.C. § 1103;

22

     (iii) Any plus balance remaining to the credit of an employer's account after he or she has

23

ceased to be subject to chapters 42 -- 44 of this title;

24

     (iv) The entire amount credited to the balancing account under § 28-43-9 relating to the

25

balancing rate;

26

     (v) An amount equal to the amount of any restitution by an employee of benefits, whether

27

that restitution is in cash or in the form of offset against benefits otherwise due, when that restitution

28

is made;

29

     (vi) Any deposits made by employers in connection with an appeal under § 28-44-39,

30

which are not returnable;

31

     (vii) The amount reimbursed or advanced to this state as the federal share of extended

32

benefits paid to individuals under the provisions of § 28-44-62; and

33

     (viii) The amount reimbursed to this state in accordance with the provisions of § 121 of

34

United States P.L. 94-566 Pub. L. 94-566, Oct. 20, 1976, Title I, § 121, 90 STAT 2673.

 

LC005928 - Page 30 of 74

1

     (2) Charges to the balancing account:

2

     (i) Any minus balance of an employer's account after he or she has ceased to be subject to

3

this title, together with an amount equal to benefits subsequently paid based on wages reported by

4

that employer;

5

     (ii) Any disbursements from the fund that are not chargeable to employer accounts;

6

     (iii) Any benefit payments paid to a claimant and charged to an employer's account after a

7

hearing in which the employer appeared and contested the award which is subsequently finally

8

disallowed on appeal, which charges to the employer's account shall be cancelled;

9

     (iv) Any benefit payments based on determinations by the administrative agencies of other

10

states;

11

     (v) Dependent's allowances not otherwise chargeable to an employer's account paid under

12

§ 28-44-6 for benefit years beginning subsequent to September 30, 1985;

13

     (vi) Benefits not chargeable to any individual employer's account;

14

     (vii) Any benefit payments paid to an individual who has left his or her employment for

15

reasons which have been determined not to have been connected with the employment; provided,

16

that the benefits paid to an individual who leaves work pursuant to a retirement plan, system, or

17

program in accordance with the provisions of § 28-44-17 of this title shall be charged in accordance

18

with the provisions of § 28-43-3(2)(ii);

19

     (viii) Any benefits paid for benefit years beginning subsequent to September 30, 1985 to

20

an individual in accordance with the provisions of § 28-44-62, and not otherwise chargeable to an

21

employer's account;

22

     (ix) The foregoing charges to the balancing account shall be limited to benefits paid based

23

on service with an employer required to pay contributions under the provisions of chapters 42 -- 44

24

of this title.

25

     (x) Any benefits paid for benefit years beginning subsequent to July 7, 1996 to an

26

individual unemployed as a result of physical damage to the real property at the employer's usual

27

place of business caused by severe weather conditions, including, but not limited to, hurricanes,

28

snowstorms, ice storms or flooding, or fire except where caused by the employer.

29

     SECTION 22. Sections 28-44-58.1, 28-44-62 and 28-44-69 of the General Laws in Chapter

30

28-44 entitled “Employment Security – Benefits” are hereby amended to read as follows:

31

     28-44-58.1. Child support intercept of benefits.

32

     (a) An individual filing a new claim for benefits shall, at the time of filing the claim,

33

disclose whether or not he or she owes child support obligations as defined under subsection (g) of

34

this section. If any individual discloses that he or she owes child support obligations, and is

 

LC005928 - Page 31 of 74

1

determined to be eligible for benefits, the director shall notify the department of human services,

2

bureau of family support that the individual has been determined to be eligible for benefits.

3

     (b) Notwithstanding any provision of this title to the contrary, the director shall deduct and

4

withhold from any compensation payable to an individual that owes child support obligations as

5

defined under subsection (g) of this section:

6

     (1) The amount specified by the individual to the director to be deducted and withheld

7

under this subsection, if neither subdivision (2) nor (3) of this subsection is applicable; or

8

     (2) The amount determined pursuant to an agreement submitted to the director under 42

9

U.S.C. § 454(20)(B)(i) 42 U.S.C. § 654 (19)(B)(i) by the department of human services, bureau of

10

family support, unless subdivision (3) of this subsection is applicable; or

11

     (3) Any amount otherwise required to be deducted and withheld from the benefits pursuant

12

to legal process, as that term is defined in 42 U.S.C. § 462(e) 42 U.S.C. § 659 (i)(5), properly

13

served upon the director.

14

     (c) Any amount deducted and withheld under subsection (b) of this section shall be paid

15

by the director to the department of human services, bureau of family support.

16

     (d) Any amount deducted and withheld under subsection (b) of this section shall for all

17

purposes be treated as if it were paid to the individual as benefits under chapters 42 -- 44 of this

18

title and paid by that individual to the department of human services, bureau of family support in

19

satisfaction of the individual's child support obligations.

20

     (e) For purposes of subsections (a) through (d) of this section, "benefits" means any

21

compensation payable under this chapter, including amounts payable by the director pursuant to an

22

agreement under any federal law providing for compensation, assistance, or allowances with

23

respect to unemployment.

24

     (f) This section applies only if appropriate arrangements have been made for

25

reimbursement by the department of human services, bureau of family support for the

26

administrative costs incurred by the director under this section which are attributable to child

27

support obligations being enforced by the department of human services, bureau of family support.

28

     (g) "Child support obligations" is defined for purposes of this section as including only

29

obligations which are being enforced pursuant to a plan described in 42 U.S.C. § 454 42 U.S.C. §

30

654 which has been approved by the Secretary of Health and Human Services under Part D of Title

31

IV of the Social Security Act, 42 U.S.C. § 651 et seq.

32

     (h) Upon receipt of funds paid by the director under subsection (c) of this section, the

33

department of human services, bureau of family support shall deposit and hold those funds in an

34

escrow account until credit to the individual's child support obligation is made.

 

LC005928 - Page 32 of 74

1

     28-44-62. Extended benefits.

2

     (a) Definitions. As used in this section, unless the context clearly requires otherwise:

3

     (1) "Eligibility period" of an individual means the period consisting of the weeks in his or

4

her benefit year which begin in an extended period that is in effect in this state and, if his or her

5

benefit year ends within that extended benefit period, any weeks thereafter which begin in that

6

period.

7

     (2) "Extended benefit period" means a period which:

8

     (i) Begins with the third week after the first week for which there is a state "on" indicator;

9

and

10

     (ii) Ends with either of the following weeks, whichever occurs later: (A) the third (3rd)

11

week after the first week for which there is a state "off" indicator; or (B) the thirteenth (13th)

12

consecutive week of that period; provided, that no extended benefit period may begin by reason of

13

a state "on" indicator before the fourteenth week following the end of a prior extended benefit

14

period which was in effect with respect to this state; and provided, further, that no extended benefit

15

period may become effective in this state prior to the sixty-first (61st) day following the date of

16

enactment of the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C.

17

§ 3304), and that, on and after January 1, 1972, either state or national indicators shall be applicable.

18

     (iii) There is a "state 'on' indicator" for this state for a week, beginning after September 25,

19

1982 and prior to December 18, 2010, or beginning on or after January 1, 2012, if:

20

     (A) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

21

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

22

rate of insured unemployment not seasonally adjusted under this chapter:

23

     (I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates

24

for the corresponding thirteen (13) week period ending in each of the preceding two (2) calendar

25

years, and

26

     (II) Equaled or exceeded five percent (5%), or

27

     (B) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

28

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

29

rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six

30

percent (6%), regardless of the insured unemployment rate in previous years, or

31

     (C) With respect to benefits for weeks of unemployment beginning after March 6, 1993,

32

and prior to December 18, 2010, or beginning on or after January 1, 2012, the average rate of total

33

unemployment seasonally adjusted, as determined by the United States Secretary of Labor, for the

34

period consisting of the most recent three (3) months for which data for all states are published

 

LC005928 - Page 33 of 74

1

before the close of that week:

2

     (I) Equals or exceeds 6.5 percent (6.5%), and

3

     (II) Equals or exceeds one hundred ten percent (110%) of such average for either or both

4

of the corresponding three (3) month periods ending in the two (2) preceding calendar years.

5

     (D) Notwithstanding any provision of this subdivision, any week for which there would

6

otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to

7

be a week for which there is a state "off" indicator.

8

     (iv) There is a "state 'on' indicator" for this state for a week, beginning on or after December

9

18, 2010, and ending on or before December 31, 2011, if:

10

     (A) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

11

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

12

rate of insured unemployment not seasonally adjusted under this chapter:

13

     (I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates

14

for the corresponding thirteen (13) week period ending in each of the preceding three (3) calendar

15

years; and

16

     (II) Equaled or exceeded five percent (5%); or

17

     (B) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

18

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

19

rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six

20

percent (6%), regardless of the insured unemployment rate in previous years; or

21

     (C) With respect to benefits for weeks of unemployment beginning on or after December

22

18, 2010, and ending on or before December 31, 2011, the average rate of total unemployment

23

seasonally adjusted, as determined by the United States Secretary of Labor, for the period

24

consisting of the most recent three (3) months for which data for all states are published before the

25

close of that week:

26

     (I) Equals or exceeds six and one-half percent (6.5%); and

27

     (II) Equals or exceeds one hundred ten percent (110%) of such average for any or all of the

28

corresponding three (3) month periods ending in the three (3) preceding calendar years.

29

     (D) Notwithstanding any provision of this subdivision, any week for which there would

30

otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to

31

be a week for which there is a state "off" indicator.

32

     (v)(A) There is a state "off" indicator for this state for a week beginning after March 6,

33

1993 and prior to December 18, 2010, or beginning on or after January 1, 2012, if in the period

34

consisting of the week and the immediately preceding twelve (12) weeks, none of the options

 

LC005928 - Page 34 of 74

1

specified in subparagraphs (iii)(A), (B), and (C) of this subdivision result in an "on" indicator; or

2

     (B) There is a state "off" indicator for this state for a week beginning on or after December

3

18, 2010, and ending on or before December 31, 2011, if in the period consisting of the week and

4

the immediately preceding twelve (12) weeks, none of the options specified in subparagraphs

5

(iv)(A), (B), and (C) of this subdivision result in an "on" indicator.

6

     (3) "Extended benefits" means benefits, including benefits payable to federal civilian

7

employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq., payable to an individual

8

under the provisions of this section for weeks of unemployment in his or her eligibility period.

9

     (4)(i) "Rate of insured unemployment," for purposes of paragraph (2)(iii) of this

10

subsection, means the percentage derived by dividing:

11

     (A) The average weekly number of individuals filing claims for regular benefits for weeks

12

of unemployment with respect to the most recent thirteen (13) consecutive week period, as

13

determined by the director on the basis of reports submitted to the Secretary of Labor, by

14

     (B) The average monthly covered employment for the first four (4) of the most recent six

15

(6) completed calendar quarters ending before the end of the thirteen (13) week period.

16

     (ii) Computations required by the provisions of this subdivision shall be made by the

17

director, in accordance with the regulations prescribed by the Secretary of Labor.

18

     (5) "Regular benefits" means benefits, including dependents' allowances, payable to an

19

individual under chapters 42 -- 44 of this title, or under any other state law, including benefits

20

payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq.,

21

other than extended benefits.

22

     (6) "State" includes any state of the United States of America, the District of Columbia, the

23

Commonwealth of Puerto Rico and the Virgin Islands.

24

     (7) "State law" means the unemployment insurance law of any state, approved by the

25

Secretary of Labor under 26 U.S.C. § 3304.

26

     (8) "Suitable work" means, with respect to any individual, any work that is within that

27

individual's capabilities; provided, however:

28

     (i) That the gross average weekly remuneration payable for the work must exceed the sum

29

of the individual's weekly benefit amount as determined under subsection (g) of this section plus

30

the amount, if any, of supplemental unemployment benefits 26 U.S.C. § 50(C)(17)(D), as defined

31

in 26 U.S.C. § 501 (c)(17) (D), payable to that individual for that week, and

32

     (ii) That wages for such work are not less than the higher of:

33

     (A) The minimum wage provided by 29 U.S.C. § 206(a)(1) without regard to any

34

exemption, or

 

LC005928 - Page 35 of 74

1

     (B) The applicable state or local minimum wage.

2

     (b) Effect of state law provisions relating to regular benefits on claims for, and the payment

3

of extended benefits. Except when the result would be inconsistent with the other provisions of this

4

section and as otherwise provided in the employment security rules, the provisions of chapters 42

5

-- 44 of this title which apply to claims for, or the payment of, regular benefits shall apply to claims

6

for, and the payment of, extended benefits provided under this section.

7

     (c) Eligibility requirements for extended benefits. An individual shall be eligible to receive

8

extended benefits with respect to any week of unemployment in his or her eligibility period only if

9

the director finds that:

10

     (1) He or she has, prior to that week, exhausted all of his or her rights to regular benefits

11

provided under chapters 42 -- 44 of this title because either:

12

     (i) He or she has received all of those benefits that were available to him or her in his or

13

her current benefit year, or

14

     (ii) His or her benefit year has expired prior to that week, and he or she has insufficient

15

wages and/or insufficient weeks of employment on which to establish a new benefit year which

16

would include that week; and

17

     (2) With respect to that week of unemployment:

18

     (i) He or she has exhausted all his or her rights to regular benefits available to him or her

19

under any state law, including benefits payable to federal civilian employees and ex-servicepersons

20

under § 5 U.S.C. § 8501 et seq.;

21

     (ii) He or she has no rights to allowances or unemployment benefits under any other federal

22

law, such as the Railroad Unemployment Insurance Act [45 U.S.C. § 351 et seq.];

23

     (iii) He or she has not received unemployment benefits under the law of Canada; and

24

     (iv) He or she is not disqualified or ineligible for benefits under any provisions of chapters

25

42 -- 44 of this title, to the extent that those provisions, pursuant to paragraph (ii) of this subdivision

26

or the regulations adopted pursuant to that paragraph, are applicable to the claims for, and the

27

payment of, extended benefits provided under this section; provided, that for purposes of

28

subdivision (1) of this subsection, an individual shall be deemed to have exhausted his or her regular

29

benefit rights with respect to any week of unemployment when he or she may become entitled to

30

regular benefits with respect to that week, or future weeks, but those benefits are not payable at the

31

time he or she claims extended benefits because final action has not yet been taken on a pending

32

appeal with respect to regular benefits based on wages and/or employment which were not

33

considered in the prior determination of his or her benefits.

34

     (3) Notwithstanding the provisions of this subsection, an individual filing an initial claim

 

LC005928 - Page 36 of 74

1

for extended benefits effective March 7, 1993, or after shall not be eligible for extended

2

compensation for any week of unemployment, unless in the base period with respect to which the

3

individual exhausted all rights to regular benefits provided under chapters 42 -- 44 of this title, the

4

individual:

5

     (i) Had earnings in insured employment under chapters 42 -- 44 of this title which equaled

6

or exceeded forty (40) times the individual's weekly benefit amount, including dependent's

7

allowance, or

8

     (ii) Had been paid wages for insured employment under chapters 42 -- 44 of this title which

9

equaled or exceeded one and one-half (1 1/2) times the individual's insured wages in the calendar

10

quarter of the base period in which the individual's insured wages were the highest, or

11

     (iii) Had twenty (20) weeks of full-time work in insured employment under chapters 42 --

12

44 of this title.

13

     (d)(1) Suitable work and work search requirements for extended benefits. Notwithstanding

14

the provisions of subsection (b) of this section, an individual shall be ineligible for payment of

15

extended benefits for any week of unemployment beginning on or after April 1, 1981, if the director

16

finds that during that period:

17

     (i) He or she failed to accept an offer of suitable work as defined under subsection (a) of

18

this section or failed to apply for any suitable work to which he or she was referred by the director;

19

or

20

     (ii) He or she failed to actively engage in seeking work as prescribed under subdivision (3)

21

of this subsection;

22

     (2) Any individual who has been found ineligible for extended benefits by reason of the

23

provisions in subdivision (1) of this subsection shall also be denied benefits beginning the first day

24

of the week following the week in which that failure occurred and until he or she has been

25

employed, except in self-employment, in each of four (4) subsequent weeks, whether or not

26

consecutive, and has earned remuneration equal to not less than four (4) times the extended weekly

27

benefit amount. No individual shall be denied extended benefits for failure to accept an offer of or

28

to apply for any job which meets the definition of suitability as described in subsection (a) of this

29

section if:

30

     (i) The position was not offered to that individual in writing or was not listed with the

31

employment service;

32

     (ii) The failure would not result in a denial of benefits under the definition of suitable work

33

for regular benefit claimants in § 28-44-20 to the extent that the criteria of suitability in that section

34

are not inconsistent with the provisions of subsection (a) of this section; or

 

LC005928 - Page 37 of 74

1

     (iii) The individual furnishes satisfactory evidence to the director that his or her prospects

2

for obtaining work in his or her customary occupation within a reasonably short period are good.

3

If that evidence is deemed satisfactory for this purpose, the determination of whether any work is

4

suitable with respect to that individual shall be made in accordance with the definition of suitable

5

work for regular benefit claimants in § 28-44-20 without regard to the definition specified by

6

subsection (a) of this section.

7

     (3) For the purpose of paragraph (1)(ii) of this subsection, an individual shall be treated as

8

actively engaged in seeking work during any week if:

9

     (i) The individual has engaged in a systematic and sustained effort to obtain work during

10

that week;

11

     (ii) The individual furnishes tangible evidence that he or she has engaged in that effort

12

during that week; and

13

     (iii) The director shall give written notice of the minimum requirements necessary to satisfy

14

the requirements of this subsection prior to the individual's exhaustion of regular benefits provided

15

under chapters 42 -- 44 of this title.

16

     (4) Notwithstanding the provisions of subdivision (a)(8) of this section to the contrary, no

17

work shall be deemed to be suitable work for an individual which does not accord with the labor

18

standard provisions required by 26 U.S.C. § 3304(a)(5) and set forth under § 28-44-20(a) and (b).

19

     (e) Cessation of extended benefits when paid under interstate claim in a state where

20

extended benefit period is not in effect.

21

     (1) Except as provided in subdivision (2) of this subsection, an individual shall not be

22

eligible for extended benefits for any week beginning on or after June 1, 1981, if:

23

     (i) Extended benefits are payable for that week pursuant to an interstate claim filed in any

24

state under the interstate benefit payment plan; and

25

     (ii) No extended benefit period is in effect for that week in that state.

26

     (2) Subdivision (1) of this subsection shall not apply with respect to the first two (2) weeks

27

for which extended benefits are payable, determined without regard to this subsection, pursuant to

28

an interstate claim filed under the interstate benefit payment plan to the individual from the

29

extended benefit account established for the individual with respect to the benefit year.

30

     (f) Suitable work. The employment service shall refer any claimant entitled to extended

31

benefits under chapters 42 -- 44 of this title to any suitable work which meets the criteria prescribed

32

in subsection (a) of this section.

33

     (g) Weekly extended benefit amount. The weekly extended benefit amount payable to an

34

individual for a week of total unemployment in his or her eligibility period shall be an amount equal

 

LC005928 - Page 38 of 74

1

to the weekly benefit amount, including dependent's allowances, payable to him or her for a week

2

of total unemployment during his or her benefit year.

3

     (h) Maximum extended benefit amount.

4

     (1) The maximum extended benefit amount payable to any eligible individual with respect

5

to the applicable benefit year shall be the least of the following amounts, determined on the basis

6

of the specified regular benefit amounts which were payable, or paid, whichever is applicable, to

7

the individual in the benefit year:

8

     (i) Fifty percent (50%) of the maximum potential regular benefits, including dependents'

9

allowances, which were payable to the individual under chapters 42 -- 44 of this title in the benefit

10

year, or

11

     (ii) Thirteen (13) times the individual's weekly benefit amount, including dependents'

12

allowances, which was payable to the individual under chapters 42 -- 44 of this title for a week of

13

total unemployment in the benefit year.

14

     (2) Effective with respect to weeks beginning in a high unemployment period, the

15

maximum extended benefit amount payable to any eligible individual with respect to the applicable

16

benefit year shall be the least of the following amounts, determined on the basis of the specified

17

regular benefit amounts which were payable, or paid, whichever is applicable, to the individual in

18

the benefit year:

19

     (i)(A) Eighty percent (80%) of the maximum potential regular benefits, including

20

dependents' allowances, which were payable to the individual under chapters 42 -- 44 of this title

21

in the benefit year, or

22

     (B) Twenty (20) times the individual's weekly benefit amount, including dependents'

23

allowances, which was payable to the individual under chapters 42 -- 44 of this title in the benefit

24

year.

25

     (ii) For the purposes of this subdivision, the term "high unemployment period" means any

26

period during which an extended benefit period would be in effect if item (a)(1)(iii)(C)(I) or item

27

(a)(1)(iv)(C)(I) of this section were applied by substituting "eight percent" ("8%") for "6.5 percent"

28

("6.5%").

29

     (3) Notwithstanding any other provisions of this chapter, if the benefit year of any

30

individual ends within an extended benefit period, the remaining balance of extended benefits that

31

the individual would, but for this subsection, be entitled to receive in that extended benefit period,

32

with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced,

33

but not below zero (0), by the product of the number of weeks for which the individual received

34

any amounts as trade readjustment allowances within that benefit year, multiplied by the

 

LC005928 - Page 39 of 74

1

individual's weekly benefit amount for extended benefits.

2

     (i) Beginning and termination of extended benefit period. Whenever an extended benefit

3

period is to become effective in this state as a result of a state "on" indicator, or an extended benefit

4

period is to be terminated in this state as a result of a state "off " indicator, the director shall make

5

an appropriate public announcement.

6

     (j) If the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C.

7

§ 3304) is amended so as to authorize this state to pay benefits for an extended benefit period in a

8

manner other than that currently provided by this section, then, and in that case, all the terms and

9

conditions contained in the amended provisions of that federal law shall become a part of this

10

section to the extent necessary to authorize the payment of benefits to eligible individuals as

11

permitted under that amended provision.

12

     28-44-69. Work-sharing benefits.

13

     (a) Definitions. As used in this section, unless the context clearly requires otherwise:

14

     (1) "Affected unit" means a specified plant, department, shift, or other definable unit

15

consisting of two (2) or more employees to which an approved work-sharing plan applies.

16

     (2) "Eligible employee" means an individual who usually works for the employer

17

submitting a work-sharing plan.

18

     (3) "Eligible employer" means any employer who has had contributions credited to his or

19

her account and benefits have been chargeable to this account, or who has elected to reimburse the

20

fund in lieu of paying contributions, and who is not delinquent in the payment of contributions or

21

reimbursements as required by chapters 42 -- 44, inclusive of this title.

22

     (4) "Fringe benefits" include, but are not limited to, health insurance, retirement benefits,

23

paid vacation and holidays, sick leave, and similar advantages that are incidents of employment.

24

     (5) "Intermittent employment" means employment that is not continuous but may consist

25

of periodic intervals of weekly work and intervals of no weekly work.

26

     (6) "Seasonal employment" means employment with an employer who displays a twenty

27

percent (20%) difference between its highest level of employment and its lowest level of

28

employment each year for the three (3) previous calendar years as reported to the department of

29

labor and training, or as shown in the information that is available and satisfactory to the director.

30

     (7) "Temporary employment" means employment where an employee is expected to

31

remain in a position for only a limited period of time and/or is hired by a temporary agency to fill

32

a gap in an employer's workforce.

33

     (8) "Usual weekly hours of work" means the normal hours of work each week for an

34

employee in an affected unit when that unit is operating on a full-time basis, not to exceed forty

 

LC005928 - Page 40 of 74

1

(40) hours and not including overtime.

2

     (9) "Work-sharing benefits" means benefits payable to employees in an affected unit under

3

an approved work-sharing plan.

4

     (10) "Work-sharing employer" means an employer with an approved work-sharing plan in

5

effect.

6

     (11) "Work-sharing plan" means a plan submitted by an employer under which there is a

7

reduction in the number of hours worked by the employees in the affected unit in lieu of layoffs of

8

some of the employees.

9

     (b)(1) Criteria for approval of a work-sharing plan. An employer wishing to participate in

10

the work-sharing program shall submit a signed, written work-sharing plan to the director for

11

approval. The director shall approve a work-sharing plan only if the following requirements are

12

met:

13

     (i) The plan identifies the affected unit, or units, and specifies the effective date of the plan;

14

     (ii) The employees in the affected unit, or units, are identified by name; social security

15

number; the usual weekly hours of work; proposed wage and hour reduction; and any other

16

information that the director shall require;

17

     (iii) The plan certifies that the reduction in the usual weekly hours of work is in lieu of

18

layoffs that would have affected at least 10 percent (10%) of the employees in the affected unit, or

19

units, to which the plan applies and that would have resulted in an equivalent reduction in work

20

hours;

21

     (iv) The usual weekly hours of work for employees in the affected unit, or units, are reduced

22

by not less than 10 percent (10%) and not more than 50 percent (50%);

23

     (v) If the employer provides health benefits and/or retirement benefits under a defined-

24

benefit plan as defined in 26 U.S.C. § 414(j) of the Internal Revenue Code or contributions under

25

a defined-contribution plan as defined in 26 U.S.C. § 414(i) of the Internal Revenue Code to any

26

employee whose workweek is reduced under the program, the employer certifies that such benefits

27

will continue to be provided to employees participating in the work-sharing program under the

28

same terms and conditions as though the workweek of such employee had not been reduced or to

29

the same extent as other employees not participating in the work-sharing program;

30

     (vi) In the case of employees represented by a collective bargaining agent or union, the

31

plan is approved in writing by the collective bargaining agents or unions that cover the affected

32

employees. In the absence of any collective bargaining agent or union, the plan must contain a

33

certification by the employer that the proposed plan, or a summary of the plan, has been made

34

available to each employee in the affected unit;

 

LC005928 - Page 41 of 74

1

     (vii) The plan will not serve as a subsidy of seasonal employment during the off season,

2

nor as a subsidy for temporary or intermittent employment;

3

     (viii) The employer agrees to furnish reports relating to the proper conduct of the plan and

4

agrees to allow the director, or his or her authorized representatives, access to all records necessary

5

to verify the plan prior to approval and, after approval, to monitor and evaluate application of the

6

plan;

7

     (ix) The employer describes the manner in which the requirements of this section will be

8

implemented (including a plan for giving notice, where feasible, to an employee whose workweek

9

is to be reduced) together with an estimate of the number of layoffs that would have occurred absent

10

the ability to participate in the work-sharing program and such other information as the director of

11

the department of labor and training determines is appropriate;

12

     (x) The employer attests that the terms of the employer's written plan and implementation

13

are consistent with the employer's obligations under applicable federal and state laws; and

14

     (xi) In addition to the matters previously specified in this section, the director shall take

15

into account any other factors that may be pertinent to proper implementation of the plan.

16

     (c) Approval or rejection of the plan. The director shall approve or reject a plan in writing.

17

The reasons for rejection shall be final and not subject to appeal. The employer shall be allowed to

18

submit another plan for consideration and that determination will be made based upon the new data

19

submitted by the interested employer.

20

     (d) Effective date and duration of the plan. A work-sharing plan shall be effective on the

21

date that is mutually agreed upon by the employer and the director, which shall be specified in the

22

notice of approval sent to the employer. It shall expire at the end of the twelfth, full-calendar month

23

after its effective date, or on the date specified in the plan if that date is earlier; provided that the

24

plan is not previously revoked by the director. If a plan is revoked by the director, it shall terminate

25

on the date specified in the director's written order of revocation.

26

     (e) Revocation of approval. The director may revoke approval of a work-sharing plan for

27

good cause. The revocation order shall be in writing and shall specify the date the revocation is

28

effective and the reasons for it. The revocation order shall be final and not subject to appeal.

29

     (1) Good cause shall include, but not be limited to: (i) Failure to comply with assurances

30

given in the plan; (ii) Unreasonable revision of productivity standards for the affected unit; (iii)

31

Conduct or occurrences tending to defeat the intent and effective operation of the plan; and (iv)

32

Violation of any criteria on which approval of the plan was based.

33

     (2) The action may be taken at any time by the director on his or her own motion; on the

34

motion of any of the affected unit's employees; or on the motion of the collective bargaining agent

 

LC005928 - Page 42 of 74

1

or agents. The director shall review the operation of each qualified employer plan at least once

2

during the period the plan is in effect to assure its compliance with the work-sharing requirements.

3

     (f) Modification of the plan. An operational approved, work-sharing plan may be modified

4

by the employer with the consent of the collective bargaining agent or agents, if any, if the

5

modification is not substantial and is in conformity with the plan approved by the director, provided

6

the modifications are reported promptly to the director by the employer. If the hours of work are

7

increased or decreased substantially beyond the level in the original plan, or any other conditions

8

are changed substantially, the director shall approve or disapprove the modifications without

9

changing the expiration date of the original plan. If the substantial modifications do not meet the

10

requirements for approval, the director shall disallow that portion of the plan in writing. The

11

decision of the director shall be final and not subject to appeal.

12

     (g) Eligibility for work-sharing benefits. An individual is eligible to receive work-sharing

13

benefits, subsequent to serving a waiting period as prescribed by the director, with respect to any

14

week only if, in addition to meeting other conditions of eligibility for regular benefits under this

15

title that are not inconsistent with this section, the director finds that:

16

     (1) During the week, the individual is employed as a member of an affected unit under an

17

approved work-sharing plan that was approved prior to that week, and the plan is in effect with

18

respect to the week for which work-sharing benefits are claimed.

19

     (2) The individual is able to work and is available for the normal work week with the work-

20

sharing employer.

21

     (3) Notwithstanding any other provisions of this chapter to the contrary, an individual is

22

deemed unemployed in any week for which remuneration is payable to him or her as an employee

23

in an affected unit for less than his or her normal weekly hours of work as specified under the

24

approved work-sharing plan in effect for the week.

25

     (4) Notwithstanding any other provisions of this title to the contrary, an individual shall

26

not be denied work-sharing benefits for any week by reason of the application of provisions relating

27

to the availability for work and active search for work with an employer other than the work-sharing

28

employer.

29

     (5) Notwithstanding any other provisions of this title to the contrary, eligible employees

30

may participate, as appropriate, in training (including employer-sponsored training or worker

31

training funded under the Workforce Investment Act of 1998 United States Public Law 113-128,

32

the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.) to enhance

33

job skills if such program has been approved by the state agency.

34

     (h)(1) Work-sharing benefits. The work-sharing weekly benefit amount shall be the

 

LC005928 - Page 43 of 74

1

product of the regular, weekly benefit rate, including any dependents' allowances, multiplied by the

2

percentage reduction in the individual's usual weekly hours of work as specified in the approved

3

plan. If the work-sharing, weekly benefit amount is not an exact multiple of one dollar ($1.00), then

4

the weekly benefit amount shall be rounded down to the next, lower multiple of one dollar ($1.00).

5

     (2) An individual may be eligible for work-sharing benefits or regular unemployment

6

compensation, as appropriate, except that no individual shall be eligible for combined benefits in

7

any benefit year in an amount more than the maximum entitlement established for unemployment

8

compensation, nor shall an individual be paid work-sharing benefits for more than fifty-two (52)

9

weeks, whether or not consecutive, in any benefit year pursuant to an approved work-sharing plan.

10

     (3) The work-sharing benefits paid shall be deducted from the maximum-entitlement

11

amount established for that individual's benefit year.

12

     (4) If an employer approves time off and the worker has performed some work during the

13

week, the individual is eligible for work-sharing benefits based on the combined work and paid

14

leave hours for that week. If the employer does not grant time off, the question of availability must

15

be investigated.

16

     (5) If an employee was sick and consequently did not work all the hours offered by the

17

work-sharing employer in a given week, the employee will be denied work-sharing benefits for that

18

week.

19

     (6) Claims for work-sharing benefits shall be filed in the same manner as claims for

20

unemployment compensation or as prescribed in regulations by the director.

21

     (7) Provisions applicable to unemployment compensation claimants shall apply to work-

22

sharing claimants to the extent that they are not inconsistent with the established work-sharing

23

provisions. An individual who files an initial claim for work-sharing benefits shall be provided, if

24

eligible for benefits, a monetary determination of entitlement to work-sharing benefits and shall

25

serve a waiting week.

26

     (8) If an individual works in the same week for an employer other than the work-sharing

27

employer, the individual's work-sharing benefits shall be computed in the same manner as if the

28

individual worked solely with the work-sharing employer. If the individual is not able to work, or

29

is not available for the normal work week with the work-sharing employer, then no work-sharing

30

benefits shall be payable to that individual for that week.

31

     (9) An individual who performs no services during a week for the work-sharing employer

32

and is otherwise eligible shall be paid the full, weekly unemployment compensation amount. That

33

week shall not be counted as a week with respect to which work-sharing benefits were received.

34

     (10) An individual who does not work for the work-sharing employer during a week, but

 

LC005928 - Page 44 of 74

1

works for another employer and is otherwise eligible, shall be paid benefits for that week under the

2

partial unemployment compensation provisions of this chapter. That week shall not be counted as

3

a week with respect to which work-sharing benefits were received.

4

     (11) Nothing in the section shall preclude an otherwise eligible individual from receiving

5

total or partial unemployment benefits when the individual's work-sharing benefits have been

6

exhausted.

7

     (i) Benefit charges. Work-sharing benefits shall be charged to employer accounts in the

8

same manner as regular benefits in accordance with the provisions of §§ 28-43-3 and 28-43-29.

9

Notwithstanding the above, any work-sharing benefits paid on or after July 1, 2013, that are eligible

10

for federal reimbursement, shall not be chargeable to employer accounts and employers liable for

11

payments in lieu of contributions shall not be responsible for reimbursing the employment security

12

fund for any benefits paid to their employees on or after July 1, 2013, that are reimbursed by the

13

federal government.

14

     (j) Extended benefits. An individual who has received all of the unemployment

15

compensation or combined unemployment compensation and work-sharing benefits available in a

16

benefit year shall be considered an exhaustee for purposes of extended benefits, as provided under

17

the provisions of § 28-44-62, and, if otherwise eligible under those provisions, shall be eligible to

18

receive extended benefits.

19

     (k) Severability. If any provision of this section, or its application to any person or

20

circumstance, is held invalid under federal law, the remainder of the section and the application of

21

that provision to other persons or circumstances shall not be affected by that invalidity.

22

     SECTION 23. Sections 28-45-14 and 28-45-15 of the General laws in Chapter 28-45

23

entitled “Apprenticeship Programs in Trade and Industry” are hereby amended to read as follows:

24

     28-45-14. State EEO plan.

25

     The apprenticeship program shall operate in conformance with state law, including the

26

EEO equal employment opportunity standards and regulations.

27

     28-45-15. Deregistration of program.

28

     (a) Deregistration of a program may be effected upon the voluntary action of the sponsor

29

by a request for cancellation of the registration, or upon reasonable cause, by the department of

30

labor and training instituting formal deregistration proceedings in accordance with provisions of 29

31

C.F.R. 7 29 C.F.R. 29.8.

32

     (b) The department of labor and training may cancel the registration of an apprenticeship

33

program by written acknowledgment of such request stating the following:

34

     (1) The registration is canceled at sponsor's request, and effective date thereof;

 

LC005928 - Page 45 of 74

1

     (2) That, within fifteen (15) days of the date of the acknowledgment, the sponsor shall

2

notify all apprentices of such cancellation and the effective date; that such cancellation

3

automatically deprives the apprentice of his/her individual registration; and that the deregistration

4

of the program removes the apprentice from coverage for federal purposes which require the

5

secretary of the U.S. department of labor's approval of an apprenticeship program.

6

     (c) The department of labor and training shall conduct formal deregistration proceedings

7

as follows:

8

     (1) Deregistration proceedings may be undertaken when the apprenticeship program is not

9

conducted, operated, and administered in accordance with the registered provisions or the

10

requirements of this chapter, except that deregistration proceedings for violation of equal

11

opportunity requirements shall be processed in accordance with the provisions under 29 C.F.R. part

12

30, as amended;

13

     (2) Where it appears the program is not being operated in accordance with the registered

14

standards or with the requirements of this chapter, the department of labor and training shall so

15

notify the program sponsor in writing;

16

     (3) Notice to the sponsor must contain the following elements:

17

     (i) Be sent by registered or certified mail, with return receipt requested;

18

     (ii) State the shortcoming(s) and the remedy required; and

19

     (iii) State that a determination of reasonable cause for deregistration will be made unless

20

corrective action is effected within thirty (30) days.

21

     (d) Upon request by the sponsor for good cause, the thirty (30) day term may be extended

22

for another thirty (30) days. During the period for correction, the sponsor shall be assisted in every

23

reasonable way to achieve conformity;

24

     (e) If the required correction is not effected within the allotted time, the department of labor

25

and training shall send a notice to the sponsor, by registered or certified mail, return receipt

26

requested, stating the following:

27

     (1) The notice is sent pursuant to this subsection;

28

     (2) Certain deficiencies (stating them) were called to the sponsor's attention and remedial

29

measures requested, with dates of such occasions and letters; and that the sponsor has failed or

30

refused to effect correction;

31

     (3) Based upon the stated deficiencies and failure of remedy, a determination of reasonable

32

cause has been made and the program may be deregistered unless, within fifteen (15) days of the

33

receipt of this notice, the sponsor requests a hearing;

34

     (4) If a request for a hearing is not made, the entire matter may be decided by the

 

LC005928 - Page 46 of 74

1

department of labor and training.

2

     (f) If the sponsor requests a hearing, the department of labor and training shall transmit to

3

the U.S. department of labor, administrator, OA office of apprenticeship, a report containing all

4

pertinent facts and circumstances concerning the nonconformity, including the findings and

5

recommendation for deregistration, and copies of all relevant documents and records. Statements

6

concerning interviews, meetings and conferences shall include the time, date, place, and persons

7

present. The administrator shall make a final order on the basis of the record before him. The

8

administrator will refer the matter to the office of administrative law judges. An administrative law

9

judge will convene a hearing in accordance with 29 C.F.R. § 29.10, and issue a decision as required

10

in 29 C.F.R. § 29.10(c).

11

     (g) At his/her discretion, the secretary may allow the sponsor a reasonable time to achieve

12

voluntary corrective action. If the secretary's decision is that the apprenticeship program is not

13

operating in accordance with the registered provisions or requirements of this part, the

14

apprenticeship program shall be deregistered. In each case in which reregistration is ordered, the

15

secretary shall make public notice of the order and shall notify the sponsor.

16

     (h) Every order of deregistration shall contain a provision that the sponsor shall, within

17

fifteen (15) days of the effective date of the order, notify all registered apprentices of the

18

deregistration apprentice or his/her individual registration; and that the deregistration removes the

19

apprentice from coverage for federal purposes which require the secretary of labor's approval of an

20

apprenticeship program.

21

     (i) Any apprenticeship program deregistered pursuant to this part may be reinstated upon

22

presentation of adequate evidence that the apprenticeship program is operating in accordance with

23

this part. Such evidence shall be presented to the administrator, OA office of apprenticeship, if

24

the sponsor had not requested a hearing, or to the secretary, if an order of deregistration was entered

25

pursuant to a hearing.

26

     (j) Within ten (10) days of his/her receipt of a request for a hearing, the administrator of

27

apprenticeship must contact the department of labor's office of administrative law judges to request

28

a designation of an administrative law judge to preside over the hearing. The administrative law

29

judge shall give reasonable notice of such hearing by registered mail, return receipt requested, to

30

the appropriate sponsor. Such notice shall include:

31

     (1) A reasonable time and place of hearing;

32

     (2) A statement of the provisions of this part pursuant to which the hearing is to be held;

33

and

34

     (3) A concise statement of the matters pursuant to which the action forming the basis of

 

LC005928 - Page 47 of 74

1

the hearing is proposed to be taken.

2

     (k) The administrative law judge shall regulate the course of the hearing. Hearings shall be

3

informally conducted. Every party shall have the right to counsel, and a fair opportunity to present

4

his/her case, including such cross-examination as may be appropriate in the circumstances.

5

Administrative law judges shall make their proposed findings and recommended decisions to the

6

secretary upon the basis of the record before him.

7

     SECTION 24. Sections 28-50-4 and 28-50-9 of the General Laws in Chapter 28-50 entitled

8

“The Rhode Island Whistleblowers’ Protection Act” are hereby amended to read as follows:

9

     28-50-4. Relief and damages.

10

     (a) A person who alleges a violation of this act chapter may bring a civil action for

11

appropriate injunctive relief, or treble damages, or both within three (3) years after the occurrence

12

of the alleged violation of this chapter.

13

     (b) An action commenced pursuant to subsection (a) may be brought in the superior court

14

for the county where the alleged violation occurred, the county where the complainant resides, or

15

the county where the person against whom the civil complaint is filed resides or has their principal

16

place of business.

17

     (c) As used in subsection (a) of this section, "damages" means damages for injury or loss

18

caused by each violation of this chapter.

19

     (d) [Deleted by P.L. 2012, ch. 306, § 5 and P.L. 2012, ch. 344, § 5.]

20

      28-50-9. Severability.

21

     If any provision of this chapter or its application to any person or circumstances is held

22

invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or

23

applications of this act chapter which can be given effect without the invalid or unconstitutional

24

provision or application, and to this end the provisions of this chapter are declared to be severable.

25

ARTICLE II--STATUTORY CONSTRUCTION

26

     SECTION 1. Section 5-19.1-2 of the General Laws in chapter 5-19.1 entitled “Pharmacies”

27

is hereby amended to read as follows:

28

     5-19.1-2. Definitions.

29

     (a) "Biological product" means a "biological product" as defined in the "Public Health

30

Service Act," 42 U.S.C. § 262.

31

     (b) "Board" means the Rhode Island board of pharmacy.

32

     (c) "Change of ownership" means:

33

     (1) In the case of a pharmacy, manufacturer, or wholesaler that is a partnership, any change

34

that results in a new partner acquiring a controlling interest in the partnership;

 

LC005928 - Page 48 of 74

1

     (2) In the case of a pharmacy, manufacturer, or wholesaler that is a sole proprietorship, the

2

transfer of the title and property to another person;

3

     (3) In the case of a pharmacy, manufacturer, or wholesaler that is a corporation:

4

     (i) A sale, lease exchange, or other disposition of all, or substantially all, of the property

5

and assets of the corporation; or

6

     (ii) A merger of the corporation into another corporation; or

7

     (iii) The consolidation of two (2) or more corporations resulting in the creation of a new

8

corporation; or

9

     (iv) In the case of a pharmacy, manufacturer, or wholesaler that is a business corporation,

10

any transfer of corporate stock that results in a new person acquiring a controlling interest in the

11

corporation; or

12

     (v) In the case of a pharmacy, manufacturer, or wholesaler that is a non-business

13

corporation, any change in membership that results in a new person acquiring a controlling vote in

14

the corporation.

15

     (d) "Compounding" means the act of combining two (2) or more ingredients as a result of

16

a practitioner's prescription or medication order occurring in the course of professional practice

17

based upon the individual needs of a patient and a relationship between the practitioner, patient,

18

and pharmacist. Compounding does not mean the routine preparation, mixing, or assembling of

19

drug products that are essentially copies of a commercially available product. Compounding shall

20

only occur in the pharmacy where the drug or device is dispensed to the patient or caregiver and

21

includes the preparation of drugs or devices in anticipation of prescription orders based upon

22

routine, regularly observed prescribing patterns.

23

     (e) "Controlled substance" means a drug or substance, or an immediate precursor of such

24

drug or substance, so designated under, or pursuant to, the provisions of chapter 28 of title 21.

25

     (f) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one

26

person to another of a drug or device, whether or not there is an agency relationship.

27

     (g) "Device" means instruments, apparatus, and contrivances, including their components,

28

parts, and accessories, intended:

29

     (1) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans

30

or other animals; or

31

     (2) To affect the structure or any function of the body of humans or other animals.

32

     (h) "Director" means the director of the Rhode Island state department of health.

33

     (i) "Dispense" means the interpretation of a prescription or order for a drug, biological

34

product, or device and, pursuant to that prescription or order, the proper selection, measuring,

 

LC005928 - Page 49 of 74

1

compounding, labeling, or packaging necessary to prepare that prescription or order for delivery or

2

administration.

3

     (j) "Distribute" means the delivery of a drug or device other than by administering or

4

dispensing.

5

     (k) "Drug" means:

6

     (1) Articles recognized in the official United States Pharmacopoeia or the Official

7

Homeopathic Pharmacopoeia of the U.S.;

8

     (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention

9

of disease in humans or other animals;

10

     (3) Substances (other than food) intended to affect the structure, or any function, of the

11

body of humans or other animals; or

12

     (4) Substances intended for use as a component of any substances specified in subsection

13

(k)(1), (k)(2), or (k)(3), but not including devices or their component parts or accessories.

14

     (l) "Equivalent and interchangeable" means a drug, excluding a biological product, having

15

the same generic name, dosage form, and labeled potency, meeting standards of the United States

16

Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation

17

of the requirements of the United States Food and Drug Administration, or its successor agency, or

18

the Rhode Island department of health.

19

     (m) "Interchangeable biological product" means a biological product that the United States

20

Food and Drug Administration has:

21

     (1) Licensed and determined meets the standards for interchangeability pursuant to 42

22

U.S.C. § 262(k)(4) or lists of licensed, biological products with reference product exclusivity and

23

biosimilarity or interchangeability evaluations; or

24

     (2) Determined is therapeutically equivalent as set forth in the latest edition of, or

25

supplement to, the United States Food and Drug Administration's Approved Drug Products with

26

Therapeutic Equivalence Evaluations.

27

     (n) "Intern" means:

28

     (1) A graduate of an American Council on Pharmaceutical Education (ACPE)-accredited

29

program of pharmacy;

30

     (2) A student who is enrolled in at least the first year of a professional ACPE-accredited

31

program of pharmacy; or

32

     (3) A graduate of a foreign college of pharmacy who has obtained full certification from

33

the FPGEC (Foreign Pharmacy Graduate Equivalency Commission) administered by the National

34

Association of Boards of Pharmacy.

 

LC005928 - Page 50 of 74

1

     (o) "Legend drugs" means any drugs that are required by any applicable federal or state

2

law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.

3

     (p) "Limited-function test" means those tests listed in the federal register under the Clinical

4

Laboratory Improvement Amendments of 1988 (CLIA) as waived tests. For the purposes of this

5

chapter, limited-function test shall include only the following: blood glucose, hemoglobin A1c,

6

cholesterol tests, and/or other tests that are classified as waived under CLIA and are approved by

7

the United States Food and Drug Administration for sale to the public without a prescription in the

8

form of an over-the-counter test kit.

9

     (q) "Manufacture" means the production, preparation, propagation, compounding, or

10

processing of a drug or other substance or device or the packaging or repackaging.

11

     (r) "Non-legend" or "nonprescription drugs" means any drugs that may be lawfully sold

12

without a prescription.

13

     (s) "Person" means an individual, corporation, government, subdivision, or agency,

14

business trust, estate, trust, partnership, or association, or any other legal entity.

15

     (t) "Pharmaceutical care" is the provision of drugs and other pharmaceutical services

16

intended to achieve outcomes related to cure or prevention of a disease, elimination or reduction of

17

a patient's symptoms, or arresting or slowing of a disease process. "Pharmaceutical care" includes

18

the judgment of a pharmacist in dispensing an equivalent and interchangeable drug or device in

19

response to a prescription after appropriate communication with the prescriber and the patient.

20

     (u) "Pharmacist in charge" means a pharmacist licensed in this state as designated by the

21

owner as the person responsible for the operation of a pharmacy in conformance with all laws and

22

regulations pertinent to the practice of pharmacy and who is personally in full and actual charge of

23

such pharmacy and personnel.

24

     (v) "Pharmacy" means that portion or part of a premise where prescriptions are

25

compounded and dispensed, including that portion utilized for the storage of prescription or legend

26

drugs.

27

     (w) "Pharmacy technician" means an individual who meets minimum qualifications

28

established by the board, that are less than those established by this chapter as necessary for

29

licensing as a pharmacist, and who works under the direction and supervision of a licensed

30

pharmacist.

31

     (x) "Practice of pharmacy" means the interpretation, evaluation, and implementation of

32

medical orders; the dispensing of prescription drug orders; participation in drug and device

33

selection; the compounding of prescription drugs; drug regimen reviews and drug or drug-related

34

research; the administration of adult immunizations and, medications approved by the department

 

LC005928 - Page 51 of 74

1

of health in consultation with the board of pharmacy for administration by a pharmacist except as

2

provided by § 5-25-7, pursuant to a valid prescription or physician-approved protocol and in

3

accordance with regulations, to include training requirements as promulgated by the department of

4

health; the administration of all forms of influenza immunizations to individuals between the ages

5

of nine (9) years and eighteen (18) years, inclusive, pursuant to a valid prescription or prescriber-

6

approved protocol, in accordance with the provisions of § 5-19.1-31 and in accordance with

7

regulations, to include necessary training requirements specific to the administration of influenza

8

immunizations to individuals between the ages of nine (9) years and eighteen (18) years, inclusive,

9

as promulgated by the department of health; provision of patient counseling and the provision of

10

those acts or services necessary to provide pharmaceutical care; the responsibility for the

11

supervision for compounding and labeling of drugs and devices (except labeling by a manufacturer,

12

repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and

13

devices), proper and safe storage of drugs and devices, and maintenance of proper records for them;

14

and the performance of clinical laboratory tests, provided such testing is limited to limited-function

15

tests as defined herein. Nothing in this definition shall be construed to limit or otherwise affect the

16

scope of practice of any other profession.

17

     (y) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly

18

authorized by law in the state in which they practice to prescribe drugs.

19

     (z) "Preceptor" means a pharmacist registered to engage in the practice of pharmacy in this

20

state who has the responsibility for training interns.

21

     (aa) "Prescription" means an order for drugs or devices issued by the practitioner duly

22

authorized by law in the state in which he or she practices to prescribe drugs or devices in the course

23

of his or her professional practice for a legitimate medical purpose.

24

     (bb) "Wholesaler" means a person who buys drugs or devices for resale and distribution to

25

corporations, individuals, or entities other than consumers.

26

     SECTION 2. Section 5-37.7-3 of the general laws in chapter 5-37.7 entitled “Rhode Island

27

Health Information Exchange Act of 2008” is hereby amended to read as follows:

28

     5-37.7-3. Definitions.

29

     As used in this chapter:

30

     (1) "Authorized representative" means:

31

     (i) A person empowered by the patient to assert or to waive confidentiality, or to disclose

32

or authorize the disclosure of confidential information, as established by this chapter. That person

33

is not, except by explicit authorization, empowered to waive confidentiality or to disclose or

34

consent to the disclosure of confidential information; or

 

LC005928 - Page 52 of 74

1

     (ii) A person appointed by the patient to make healthcare decisions on his or her behalf

2

through a valid durable power of attorney for health care as set forth in § 23-4.10-2; or

3

     (iii) A guardian or conservator, with authority to make healthcare decisions, if the patient

4

is decisionally impaired; or

5

     (iv) Another legally appropriate medical decision maker temporarily if the patient is

6

decisionally impaired and no healthcare agent, guardian, or conservator is available; or

7

     (v) If the patient is deceased, his or her personal representative or, in the absence of that

8

representative, his or her heirs-at-law; or

9

     (vi) A parent with the authority to make healthcare decisions for the parent's child; or

10

     (vii) A person authorized by the patient or his or her authorized representative to access

11

their confidential healthcare information from the HIE, including family members or other proxies

12

as designated by the patient, to assist the patient participant with the coordination of their care.

13

     (2) "Business associate" means a business associate as defined by HIPAA.

14

     (3) "Confidential healthcare information" means all information relating to a patient's

15

healthcare history, diagnosis, condition, treatment, or evaluation.

16

     (4) "Coordination of care" means the process of coordinating, planning, monitoring, and/or

17

sharing information relating to, and assessing a care plan for, treatment of a patient.

18

     (5) "Data-submitting partner" means an individual, organization, or entity who or that has

19

entered into a business associate agreement with the RHIO and submits a patient's confidential

20

healthcare information through the HIE.

21

     (6) "Department of health" means the Rhode Island department of health.

22

     (7) "Disclosure report" means a report generated by the HIE relating to the record of access

23

to, review of, and/or disclosure of a patient's confidential healthcare information received, accessed,

24

or held by the HIE.

25

     (8) "Electronic mobilization" means the capability to move confidential health information

26

electronically between disparate healthcare information systems while maintaining the accuracy of

27

the information being exchanged.

28

     (9) "Emergency" means the sudden onset of a medical, mental, or substance use, or other

29

condition manifesting itself by acute symptoms of severity (e.g., severe pain) where the absence of

30

medical attention could reasonably be expected, by a prudent layperson, to result in placing the

31

patient's health in serious jeopardy, serious impairment to bodily or mental functions, or serious

32

dysfunction of any bodily organ or part.

33

     (10) "Healthcare provider" means any person or entity licensed by this state to provide or

34

lawfully providing healthcare services, including, but not limited to, a physician, hospital,

 

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1

intermediate-care facility or other healthcare facility, dentist, nurse, optometrist, podiatrist,

2

physical therapist, psychiatric social worker, pharmacist, or psychologist, and any officer,

3

employee, or agent of that provider acting in the course and scope of his or her employment or

4

agency related to or supportive of healthcare services.

5

     (11) "Healthcare services" means acts of diagnosis, treatment, medical evaluation, referral,

6

or counseling, or any other acts that may be permissible under the healthcare licensing statutes of

7

this state.

8

     (12) "Health Information Exchange" or "HIE" means the technical system operated, or to

9

be operated, by the RHIO under state authority allowing for the statewide electronic mobilization

10

of confidential healthcare information, pursuant to this chapter.

11

     (13) "Health plan" means an individual plan or a group plan that provides, or pays the cost

12

of, healthcare services for a patient.

13

     (14) "HIE Advisory Commission" means the advisory body established by the department

14

of health in order to provide community input and policy recommendations regarding the use of

15

the confidential healthcare information of the HIE.

16

     (15) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as

17

amended.

18

     (16) "Opt out" means the ability of a patient to choose to not have their confidential

19

healthcare information disclosed from HIE in accordance with § 5-37.7-7.

20

     (17) "Patient” means a person who receives healthcare services from a provider participant.

21

     (18) "Provider participant" means a pharmacy, laboratory, healthcare provider, or health

22

plan who or that is providing healthcare services or pays for the cost of healthcare services for a

23

patient and/or is submitting and/or accessing healthcare information through the HIE and has

24

executed an electronic and/or written agreement regarding disclosure, access, receipt, retention, or

25

release of confidential healthcare information from the HIE.

26

     (19) "Regional health information organization" or "RHIO" means the organization

27

designated as the RHIO by the state to provide administrative and operational support to the HIE.

28

     SECTION 3. Section 8-6-2 of the general laws in Chapter 8-6 entitled “General Powers of

29

Supreme and Superior Courts” is hereby amended to read as follows:

30

     8-6-2. Rules of practice and procedure.

31

     (a) The supreme court, the superior court, the family court, the district court and the

32

workers' compensation court, by a majority of their members, shall have the power to make rules

33

for regulating practice, procedure, and business therein. The chief magistrate of the traffic tribunal

34

shall have the power to make rules for regulating practice, procedure and business in the traffic

 

LC005928 - Page 54 of 74

1

tribunal. The rules of the superior, family, district court, workers' compensation court and the traffic

2

tribunal shall be subject to the approval of the supreme court. Such rules, when effective, shall

3

supersede any statutory regulation in conflict therewith.

4

     (b) In prescribing such rules, the court shall have regard to the simplification of the system

5

of pleading, practice, and procedure in the courts in which the rules shall apply in order to promote

6

the speedy determination of litigation on the merits; provided, however, that each respective court

7

shall not in the rules of procedure require a party to a civil action to produce either by discovery,

8

motion, to produce or interrogatory an income tax return, W-2 statement, or copies thereof. The

9

rules presently in effect in the courts of the judicial system shall remain and continue in force and

10

effect until revised, amended, repealed, or superseded by rules adopted in accordance with this

11

section.

12

     SECTION 4. Section 12-19-9 of the General Laws in chapter 12-19 entitled “Sentence and

13

Execution” is hereby amended to read as follows:

14

     12-19-9. Violation of terms of probation -- Notice to attorney general -- Revocation or

15

continuation of suspension.

16

     (a) Whenever any person who has been placed on probation pursuant to § 12-9-8 12-19-8

17

violates the terms and conditions of his or her probation as fixed by the court, the police or the

18

probation authority shall inform the attorney general of the violation, and the attorney general shall

19

cause the defendant to appear before the court. The department of corrections division of

20

rehabilitative services shall promptly render a report relative to the conduct of the defendant, and

21

the information contained in any report under § 12-13-24.1. The division of rehabilitative services

22

may recommend that the time served up to that point is a sufficient response to a violation that is

23

not a new alleged crime. The court may order the defendant held without bail for a period not

24

exceeding ten (10) days, excluding Saturdays, Sundays, and holidays.

25

     (b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by the

26

defendant to determine whether the defendant has violated the terms and conditions of his or her

27

probation, at which hearing the defendant shall have the opportunity to be present and to respond.

28

Upon a determination by a fair preponderance of the evidence that the defendant has violated the

29

terms and conditions of his or her probation, the court, in open court and in the presence of the

30

defendant, may:

31

     (1) Remove the suspension and order the defendant committed on the sentence previously

32

imposed, or on a lesser sentence;

33

     (2) Impose a sentence if one has not been previously imposed;

34

     (3) Stay all or a portion of the sentence imposed after removal of the suspension;

 

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1

     (4) Continue the suspension of a sentence previously imposed; or

2

     (5) Convert a sentence of probation without incarceration to a suspended sentence.

3

     (c) The court shall sentence for a violation under subsection (b) of this section in

4

accordance with judicial sentencing benchmarks.

5

     SECTION 5. Section 13-8.1-3 of the general laws in chapter 13-8.1 entitled “Medical and

6

Geriatric Parole” is hereby amended to read as follows:

7

     13-8.1-3. Definitions.

8

     As used in this chapter the following definitions shall apply:

9

     (1) "Aging prisoner" means an individual who is sixty-five (65) years of age or older and

10

suffers from functional impairment, infirmity, or illness.

11

     (2) "Cognitively incapacitated" means suffering from a cognitive condition, such as

12

dementia, that greatly impairs activities that are necessary for independence such as feeding,

13

toileting, dressing, and bathing and renders their incarceration non-punitive and non-rehabilitative.

14

     (3) "Permanently physically incapacitated" means suffering from a physical condition

15

caused by injury, disease, illness, or persistent vegetative state, that, to a reasonable degree of

16

medical certainty, permanently and irreversibly physically incapacitates the individual to the extent

17

that the individual needs help with most of the activities that are necessary for independence, such

18

as feeding, toileting, dressing, and bathing and transferring, or no significant physical activity is

19

possible, or suffering from an incurable, progressive condition that substantially diminishes the

20

individual's capacity to function in a correctional setting.

21

     (4) "Severely ill" means suffering from a significant and permanent or chronic physical

22

and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with little

23

to no possibility of recovery; and (2) Significantly impairs rehabilitation from further incarceration.

24

     (5) "Terminally ill" means suffering from a condition caused by injury (except self-inflicted

25

injury), disease, or illness which, to a reasonable degree of medical certainty, is a life-limiting

26

diagnosis that will lead to profound functional, cognitive and/or physical decline, and likely will

27

result in death within eighteen (18) months.

28

     SECTION 6. Section 14-1-6 of the general laws in chapter 14-1 entitled “Delinquent and

29

Dependent Children” is hereby amended to read as follows:

30

     14-1-6. Retention of jurisdiction.

31

     (a) When the court shall have obtained jurisdiction over any child prior to the child having

32

attained the age of eighteen (18) years by the filing of a petition alleging that the child is wayward

33

or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter,

34

continue under the jurisdiction of the court until he or she becomes nineteen (19) years of age,

 

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1

unless discharged prior to turning nineteen (19).

2

     (b) When the court shall have obtained jurisdiction over any child prior to the child's

3

eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the

4

child is dependent, neglected, or abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, the child

5

shall, except as specifically provided in this chapter, continue under the jurisdiction of the court

6

until he or she becomes eighteen (18) years of age; provided, that at least six (6) months prior to a

7

child turning eighteen (18) years of age, the court shall require the department of children, youth

8

and families to provide a description of the transition services including the child's housing, health

9

insurance, education and/or employment plan; available mentors and continuing support services,

10

including workforce supports and employment services afforded the child in placement; or a

11

detailed explanation as to the reason those services were not offered. As part of the transition

12

planning, the child shall be informed by the department of the opportunity to voluntarily agree to

13

extended care and placement by the department and legal supervision by the court until age twenty-

14

one (21). The details of a child's transition plan shall be developed in consultation with the child,

15

wherever possible, and approved by the court prior to the dismissal of an abuse, neglect,

16

dependency, or miscellaneous petition before the child's twenty-first birthday.

17

     (c) A child, who is in foster care on their eighteenth birthday due to the filing of a

18

miscellaneous petition or a petition alleging that the child is dependent, neglected, or abused

19

pursuant to § 14-1-5, § 40-11-7, or § 42-72-14, may voluntarily elect to continue responsibility for

20

care and placement from DCYF and to remain under the legal supervision of the court as a young

21

adult until age twenty-one (21), provided:

22

     (1) The young adult was in the legal custody of the department at age eighteen (18); and

23

     (2) The young adult is participating in at least one of the following:

24

     (i) Completing the requirements to receive a high school diploma or GED;

25

     (ii) Completing a secondary education or a program leading to an equivalent credential;

26

enrolled in an institution that provides postsecondary or vocational education;

27

     (iii) Participating in a job-training program or an activity designed to promote or remove

28

barriers to employment;

29

     (iv) Be Is employed for at least eighty (80) hours per month; or

30

     (v) Is Incapable incapable of doing any of the foregoing due to a medical condition that is

31

regularly updated and documented in the case plan.

32

     (d) A former foster child who was adopted or placed in guardianship with an adoption

33

assistance agreement or a guardianship assistance agreement that was executed on or after his or

34

her sixteenth birthday and prior to his or her eighteenth birthday may voluntarily agree to extended

 

LC005928 - Page 57 of 74

1

care and placement by the department and legal supervision by the court until age twenty-one (21)

2

if the young adult satisfies the requirements in subsection (c)(2). Provided, however, the department

3

retains the right to review the request and first attempt to address the issues through the adoption

4

assistance agreement by providing post adoptive or post guardianship support services to the young

5

adult and his or her adoptive or guardianship family.

6

     (e) Upon the request of the young adult, who voluntarily agreed to the extension of care

7

and placement by the department and legal supervision by the court, pursuant to subsections (c)

8

and (d) of this section, the court's legal supervision and the department's responsibility for care and

9

placement may be terminated. Provided, however, the young adult may request reinstatement of

10

responsibility and resumption of the court's legal supervision at any time prior to his or her twenty-

11

first birthday if the young adult meets the requirements set forth in subsection (c)(2). If the

12

department wishes to terminate the court's legal supervision and its responsibility for care and

13

placement, it may file a motion for good cause. The court may exercise its discretion to terminate

14

legal supervision over the young adult at any time.

15

     (f) With the consent of the person previously under the court's supervision, the court may

16

reopen, extend, or retain its jurisdiction beyond that person's twenty-first birthday until his or her

17

twenty-second birthday or until September 30, 2021, whichever date occurs first, under the

18

following circumstances:

19

     (1) The person aged out of DCYF care or left foster care during the COVID-19 public

20

health emergency, defined as beginning on January 27, 2020, and is entitled to extended benefits

21

pursuant to the terms of the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260; and

22

     (i) (2) The court has or had obtained jurisdiction over the person prior to his or her

23

eighteenth birthday by the filing of a miscellaneous petition or a petition alleging that the child is

24

dependent, abused, or neglected pursuant to § 14-1-5, § 40-11-7, or § 42-72-14 or after the person's

25

eighteenth birthday pursuant to a voluntary extension of care petition; and

26

     (ii)(3) Court supervision is necessary for the department of children, youth and families to

27

access IV-E funding to support such benefits, in whole or in part; and

28

     (iii)(4) Court supervision is required to continue transition planning and to ensure the

29

safety, permanency, and well-being of older youth who remain in or who age out of foster care and

30

re-enter foster care.

31

     (g) The court may retain jurisdiction of any child who is seriously emotionally disturbed

32

or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age twenty-one

33

(21) when the court shall have obtained jurisdiction over any child prior to the child's eighteenth

34

birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent,

 

LC005928 - Page 58 of 74

1

neglected, and/or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14.

2

     (h) The department of children, youth and families shall work collaboratively with the

3

department of behavioral healthcare, developmental disabilities and hospitals, and other agencies,

4

in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals

5

who come under the court's jurisdiction pursuant to a petition alleging that the child is dependent,

6

neglected, and/or abused and who are seriously emotionally disturbed or developmentally delayed

7

pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan presented to the court by the

8

department of children, youth and families and the department of behavioral healthcare,

9

developmental disabilities and hospitals. The plan shall include the behavioral healthcare,

10

developmental disabilities and hospitals' community or residential service level, health insurance

11

option, education plan, available mentors, continuing support services, workforce supports and

12

employment services, and the plan shall be provided to the court at least twelve (12) months prior

13

to discharge. At least three (3) months prior to discharge, the plan shall identify the specific

14

placement for the child, if a residential placement is needed. The court shall monitor the transition

15

plan. In the instance where the department of behavioral healthcare, developmental disabilities and

16

hospitals has not made timely referrals to appropriate placements and services, the department of

17

children, youth and families may initiate referrals.

18

     (i) The parent and/or guardian and/or guardian ad litem of a child who is seriously

19

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is

20

before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), §  40-11-7, or § 42-72-14, shall

21

be entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no

22

appropriate transition plan has been submitted to the court by the department of children, youth and

23

families and the department of behavioral healthcare, developmental disabilities and hospitals. The

24

family court shall require that the department of behavioral healthcare, developmental disabilities

25

and hospitals shall immediately identify a liaison to work with the department of children, youth

26

and families until the child reaches the age of twenty-one (21) and an immediate transition plan be

27

submitted if the following facts are found:

28

     (1) No suitable transition plan has been presented to the court addressing the levels of

29

service appropriate to meet the needs of the child as identified by the department of behavioral

30

healthcare, developmental disabilities and hospitals; or

31

     (2) No suitable housing options, health insurance, educational plan, available mentors,

32

continuing support services, workforce supports, and employment services have been identified for

33

the child.

34

     (j) In any case where the court shall not have acquired jurisdiction over any person prior to

 

LC005928 - Page 59 of 74

1

the person's eighteenth (18th) birthday by the filing of a petition alleging that the person had

2

committed an offense, but a petition alleging that the person had committed an offense that would

3

be punishable as a felony if committed by an adult has been filed before that person attains the age

4

of nineteen (19) years of age, that person shall, except as specifically provided in this chapter, be

5

subject to the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless

6

discharged prior to turning nineteen (19).

7

     (k) In any case where the court shall not have acquired jurisdiction over any person prior

8

to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the

9

person had committed an offense prior to the person attaining the age of eighteen (18) years that

10

would be punishable as a felony if committed by an adult, that person shall be referred to the court

11

that had jurisdiction over the offense if it had been committed by an adult. The court shall have

12

jurisdiction to try that person for the offense committed prior to the person attaining the age of

13

eighteen (18) years and, upon conviction, may impose a sentence not exceeding the maximum

14

penalty provided for the conviction of that offense.

15

     (l) In any case where the court has certified and adjudicated a child in accordance with the

16

provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power and

17

authority to sentence the child to a period in excess of the age of nineteen (19) years. However, in

18

no case shall the sentence be in excess of the maximum penalty provided by statute for the

19

conviction of the offense.

20

     (m) Nothing in this section shall be construed to affect the jurisdiction of other courts over

21

offenses committed by any person after he or she reaches the age of eighteen (18) years.

22

     SECTION 7. Section 15-7-7 of the general laws in chapter 15-7 entitled “Adoption of

23

Children” is hereby amended to read as follows:

24

     15-7-7. Termination of parental rights.

25

     (a) The court shall, upon a petition duly filed by a governmental child placement agency

26

or licensed child placement agency, or by the birthmother or guardian of a child born under

27

circumstances referenced in subsection (a)(2)(viii) of this section, after notice to the parent and a

28

hearing on the petition, terminate any and all legal rights of the parent to the child, including the

29

right to notice of any subsequent adoption proceedings involving the child, if the court finds as a

30

fact by clear and convincing evidence that:

31

     (1) The parent has willfully neglected to provide proper care and maintenance for the child

32

for a period of at least one year where financially able to do so. In determining whether the parent

33

has willfully neglected to provide proper care and maintenance for the child, the court may

34

disregard contributions to support that are of an infrequent and insubstantial nature; or

 

LC005928 - Page 60 of 74

1

     (2) The parent is unfit by reason of conduct or conditions seriously detrimental to the child;

2

such as, but not limited to, the following:

3

     (i) Institutionalization of the parent, including imprisonment, for a duration as to render it

4

improbable for the parent to care for the child for an extended period of time;

5

     (ii) Conduct toward any child of a cruel or abusive nature;

6

     (iii) The child has been placed in the legal custody or care of the department of children,

7

youth and families and the parent has a chronic substance abuse problem and the parent's prognosis

8

indicates that the child will not be able to return to the custody of the parent within a reasonable

9

period of time, considering the child's age and the need for a permanent home. The fact that a parent

10

has been unable to provide care for a child for a period of twelve (12) months due to substance

11

abuse shall constitute prima facie evidence of a chronic substance abuse problem;

12

     (iv) The child has been placed with the department of children, youth and families and the

13

court has previously involuntarily terminated parental rights to another child of the parent and the

14

parent continues to lack the ability or willingness to respond to services that would rehabilitate the

15

parent and provided further that the court finds it is improbable that an additional period of services

16

would result in reunification within a reasonable period of time considering the child's age and the

17

need for a permanent home;

18

     (v) The parent has subjected the child to aggravated circumstances, which circumstances

19

shall be abandonment, torture, chronic abuse, and sexual abuse;

20

     (vi) The parent has committed murder or voluntary manslaughter on another of his or her

21

children or has committed a felony assault resulting in serious bodily injury on that child or another

22

of his or her children or has aided or abetted, attempted, conspired, or solicited to commit such a

23

murder or voluntary manslaughter;

24

     (vii) The parent has exhibited behavior or conduct that is seriously detrimental to the child,

25

for a duration as to render it improbable for the parent to care for the child for an extended period

26

of time; or

27

     (viii) The parent has been convicted of sexual assault upon the birthmother and parenthood

28

is a result of that sexual assault, which shall be established by proving that the child was conceived

29

as a result of a conviction for any offense set forth in § 11-37-2, § 11-37-6, or § 11-37-8.1.

30

Conception as a result of sexual assault may be proved by DNA tests and upon conviction of the

31

putative father, and after a fact-finding hearing establishing paternity, the father's parental rights

32

shall be terminated by order of the court. Termination of the parental rights of the father shall

33

include the loss of all parental rights without limitation, including the adoption of the child. The

34

father shall also have no right to any visitation with the minor child and shall have no right to any

 

LC005928 - Page 61 of 74

1

inheritance from a child conceived as a result of sexual assault as specified;

2

     (3) The child has been placed in the legal custody or care of the department of children,

3

youth and families for at least twelve (12) months, and the parents were offered or received services

4

to correct the situation that led to the child being placed; provided, that there is not a substantial

5

probability that the child will be able to return safely to the parents' care within a reasonable period

6

of time considering the child's age and the need for a permanent home; or

7

     (4) The parent has abandoned or deserted the child. A lack of communication or contact

8

with the child for at least a six-month (6) period shall constitute prima facie evidence of

9

abandonment or desertion. In the event that parents of an infant have had no contact or

10

communication with the infant for a period of six (6) months the department shall file a petition

11

pursuant to this section and the family court shall conduct expedited hearings on the petition.

12

     (b)(1) In the event that the petition is filed pursuant to subsection (a)(1), (a)(2)(i), (a)(2)(iii),

13

or (a)(2)(vii) of this section, the court shall find as a fact that, prior to the granting of the petition,

14

such parental conduct or conditions must have occurred or existed notwithstanding the reasonable

15

efforts that shall be made by the agency prior to the filing of the petition to encourage and strengthen

16

the parental relationship so that the child can safely return to the family. In the event that a petition

17

is filed pursuant to subsection (a)(2)(ii), (a)(2)(iv), (a)(2)(v), (a)(2)(vi), or (a)(4) of this section, the

18

department has no obligation to engage in reasonable efforts to preserve and reunify a family.

19

     (2) Any duty or obligation on the part of a licensed or governmental child placing agency

20

to make reasonable efforts to strengthen the parental relationship shall cease upon the filing of a

21

petition under this section. This provision shall not be construed and is not intended to limit or

22

affect in any way the parents' right to see or visit with the child during the pendency of a petition

23

under this section.

24

     (3) Upon the filing of a termination of parental rights petition, the agency has an affirmative

25

duty to identify, recruit, process, and approve a qualified family for adoption or other permanent

26

living arrangement for the child.

27

     (c)(1) In considering the termination of rights as pursuant to subsection (a), the court shall

28

give primary consideration to the physical, psychological, mental, and intellectual needs of the

29

child insofar as that consideration is not inconsistent with other provisions of this chapter.

30

     (2) The consideration shall include the following: If a child has been placed in foster family

31

care, voluntarily or involuntarily, the court shall determine whether the child has been integrated

32

into the foster family to the extent that the child's familial identity is with the foster family and

33

whether the foster family is able and willing to permanently integrate the child into the foster

34

family; provided, that in considering integrating into a foster family, the court should consider:

 

LC005928 - Page 62 of 74

1

     (i) The length of time the child has lived in a stable, satisfactory environment and the

2

desirability of maintaining that environment and continuity for the child; and

3

     (ii) The reasonable preference of the child, if the court determines that the child has

4

sufficient capacity to express a reasonable preference.

5

     (d) If the court finds that the parental rights of the parent should be terminated as specified

6

in subsection (a), it shall by decree duly entered, appoint some suitable person to give or withhold

7

consent in any subsequent adoption proceedings. In the case of petitions filed by licensed or

8

governmental child placement agencies, the court shall appoint the agency to be the sole party to

9

give or withhold consent to the adoption of the child and further vest the agency with all rights of

10

guardianship over the child.

11

     (e) Nothing in this section shall be construed to prohibit the introduction of expert

12

testimony with respect to any illness, medical or psychological condition, trauma, incompetency,

13

addiction to drugs, or alcoholism of any parent who has exhibited behavior or conduct that is

14

seriously detrimental to a child, to assist the court in evaluating the reason for the conduct or its

15

probable duration.

16

     (f) The record of the testimony of the parties adduced in any proceeding terminating

17

parental rights to a child shall be entitled to the confidentiality provided for in § 8-10-21 and more

18

specifically shall not be admissible in any civil, criminal, or other proceeding in any court against

19

a person named a defendant or respondent for any purpose, except in subsequent proceedings

20

involving the same child or proceedings involving the same respondent.

21

     (g) In the event any child, the parental rights to whom have been finally terminated, has

22

not been placed by the agency in the home of a person or persons with the intention of adopting the

23

child within thirty (30) days from the date of the final termination decree, the family court shall

24

review the status of the child and the agency shall file a report that documents the steps the agency

25

is taking to find an adoptive family or other permanent living arrangement for the child, to place

26

the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned

27

permanent living arrangement, and to finalize the adoption or legal guardianship. At a minimum,

28

this documentation shall include child specific recruitment efforts, such as the use of state, regional,

29

and national adoption exchanges, including the electronic exchange system.

30

     SECTION 8. Sections 16-98-4 and 16-98-6 of the general laws in chapter 16-98 entitled

31

“Education Access to Advanced Placement Courses for All Students Act“ are hereby amended to

32

read as follows:

33

     16-98-4. Powers and duties of department.

34

     (a) Guidelines. The department shall promulgate rules, regulations, and procedures

 

LC005928 - Page 63 of 74

1

necessary for the implementation of this chapter including, but not limited to, the following:

2

     (1) In consultation with the College Board, certify those teacher-training entities that are

3

qualified to provide training of teachers to teach advanced placement courses in the four (4) core

4

academic areas;

5

     (2) In certifying teacher-training entities for this program, the department shall ensure that

6

the training times and locations will be geographically accessible for teachers from eligible school

7

entities to attend;

8

     (3) The department, in consultation with the College Board, shall ensure that training

9

provided by those teacher-training entities must provide teachers of advanced placement courses

10

with the necessary content knowledge and instructional skills to prepare students for success in

11

advanced placement courses and examinations;

12

     (4) Starting at the end of the first year of the program, and every year thereafter, the

13

department shall issue a report to the general assembly on the advanced placement teacher-training

14

program that shall include, but not be limited to:

15

     (i) The number of teachers receiving training in advanced placement instructions in school

16

entities, school districts and high schools in each of the four (4) core academic areas.

17

     (ii) The number of students taking advanced placement courses at school entities in each

18

of the four (4) core academic areas.

19

     (iii) The number of students scoring a three (3) or more on an advanced placement

20

examination at school entities in each of the four (4) core academic areas.

21

     (iv) The remaining unmet need for trained teachers in school entities that do not offer

22

advanced placement courses.

23

     (v) The number of students taking advanced placement courses who do not take the

24

advanced placement examination.

25

     (vi) The number of students below the poverty level who take advanced placement courses.

26

     (vii) The number of students below the poverty level who take advanced placement courses

27

and do not take the advanced placement examination; and

28

     (5) In consultation with local education authorities, ensure that the opportunity to

29

participate in the advanced placement program and gain college credit is available to the greatest

30

amount number of students as practicable.

31

     (b) Nothing in this chapter shall prohibit the board of education, through the department,

32

from expanding the program to include other nationally accepted courses of study that provide

33

students an opportunity to gain college credits from classes taken in high school.

34

     16-98-6. Program funding.

 

LC005928 - Page 64 of 74

1

     (a) Funding shall be for the purpose of providing advanced placement examinations to

2

students at or below the poverty level at no cost to the student.

3

     (b) Notwithstanding any general law, rule, or regulation to the contrary, the department

4

shall include as part of its annual budget the amount necessary to pay the exam costs for all students

5

below the poverty level who take advanced placement courses.

6

     SECTION 9. Section 21-14-12 of the general laws in chapter 21-14 entitled “Shellfish

7

Packing Houses” is hereby amended to read as follows:

8

     21-14-12. Inspection of business premises -- Dockside program established.

9

     (a) The director shall make regular inspections of the business premises of licensees and

10

no person shall interfere with or obstruct the entrance of the director to any packing house or

11

structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary

12

conditions during reasonable business hours, and no person shall obstruct the conduct of this

13

inspection; provided, that inspections as to sanitary conditions shall be made only by the director

14

or employees of the department. These employees of the department shall not be construed to

15

include agents whom the director may appoint in other departments for the purpose of enforcing

16

other provisions of this chapter; and provided, that nothing in this section shall be construed as

17

having granted to the director or any duly authorized official of the department the right of search

18

and seizure without a warrant.

19

     (b) The director shall be authorized to establish a dockside program, including the

20

promulgation of any rules and regulations deemed necessary or advisable in connection therewith,

21

pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model

22

Ordinance. Promulgating rules and regulations pursuant to the NSSP Model Ordinance shall assure

23

ensure that the marine shellfish processers, licensed by the department to land and process surf

24

clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary

25

fashion that comports with national standards. The rules and regulations shall also be consistent

26

with the landing permit requirements of the department of environmental management in § 20-2.1-

27

7. The dockside program shall not apply to aquaculture processers.

28

     (c) The licensing fees from the dockside program shall be deposited into the general fund.

29

However, the amount of the revenues collected for the dockside program shall be appropriated to

30

the department of health for its administration of this program. The director shall have the authority

31

to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion.

32

     SECTION 10. Section 31-22-11.6.1 of the general laws in chapter 31-22 entitled

33

“Miscellaneous Rules” is hereby amended to read as follows:

34

     31-22-11.6.1. Childcare vehicles and school extracurricular vehicles - COVID-19.

 

LC005928 - Page 65 of 74

1

     (a) Notwithstanding § 31-31-11.6 31-22-11.6, or any general law, rule, or regulation to the

2

contrary, effective March 28, 2022, due to the public health crisis caused by COVID-19, the

3

requirement of using designated types of vehicles for specified routes as contained in § 31-22-

4

11.6(a)(2)(i) is hereby suspended, for student transportation providers ("Providers") retained by or

5

via the Rhode Island department of education ("RIDE") to provide student transportation services.

6

For such routes, retained providers may utilize:

7

     (1) School buses, as defined in § 31-1-3(aa);

8

     (2) Pupil transportation vehicles, as defined in § 31-22.1-1;

9

     (3) School extracurricular vehicles, as defined in § 31-22-11.6(a)(2)(ii);

10

     (4) Childcare vehicles, as defined in § 31-22-11.6(a)(2)(iii); and

11

     (5) Family childcare home vehicles, as defined in § 31-22- 11.6(a)(2)(iv).

12

     (b) Vehicles authorized pursuant to subsection (a) of this section to transport students shall

13

also be in compliance with the applicable laws, rules, and regulations related to student

14

transportation vehicles and shall:

15

     (1) Carry a sign on the school bus visible from the front and back of the vehicle containing

16

the lettering required by § 31-20-11;

17

     (2) Be equipped with Type I Class A turn signal lamps, which shall have a four way hazard

18

warning signal switch to cause simultaneous flashing of the turn signal lamps which may be

19

activated when the vehicle is approaching a stop to load or discharge school students and when

20

needed as a vehicular traffic hazard warning. Each vehicle shall also be equipped with front and

21

rear alternating flashing school bus red signal lamps, which shall remain flashing when school

22

pupils are entering or leaving the vehicle; and

23

     (3) Be equipped with one pair of adequate chock blocks and three (3) flares in compliance

24

with United States Motor Vehicle D.O.T. Safety Standard No. 125.

25

     (c) The prohibition against school extracurricular vehicles from having amber or red

26

flashing lights as contained in 280-RICR-30-15-8.5(B)(l) is hereby suspended.

27

     (d) Retained providers may utilize student transportation vehicles currently registered in

28

Massachusetts or Connecticut to provide student transportation services in Rhode Island; provided

29

that:

30

     (1) Each student transportation vehicle has current, valid Massachusetts or Connecticut

31

registration and inspection stickers;

32

     (2) Each student transportation vehicle is covered by an insurance policy meeting the

33

requirements of § 31-22-10.1;

34

     (3) The Rhode Island department of education has verified compliance of subsections

 

LC005928 - Page 66 of 74

1

(d)(1) and (d)(2) of this section; and

2

     (4) The retained provider complies with the registration requirement for each student

3

transportation vehicle pursuant to § 31-7-2 by the sunset date of this section.

4

     (e) The license requirements contained in §§ 31-10-5, 31-22.1-3(10), and 31-22-

5

11.6(b)(10) are hereby suspended for drivers currently licensed in Massachusetts or Connecticut to

6

operate student transportation vehicles and employed by retained providers pursuant to subsection

7

     (a) of this section and furthermore, the provider driver may operate student transportation

8

vehicles appropriate for their licensure; provided that:

9

     (1) As applicable, the provider driver possesses a current, valid Massachusetts or

10

Connecticut commercial driver's license with a "P" and "S" endorsement and a current, valid

11

Massachusetts school bus certificate if licensed in Massachusetts.

12

     (2) As applicable, the provider driver possesses a current, valid Massachusetts or

13

Connecticut driver's license that is the equivalent of a Rhode Island license with the appropriate

14

endorsement(s) allowing the transportation of school children.

15

     (3) RIDE has verified compliance with subsections (e)(1) and (e)(2) of this section.

16

     (4) As applicable, the provider driver obtains a school bus certificate governed by 280-

17

RICR-30-05-2 prior to the sunset of this section.

18

     (5) As applicable, the provider driver obtains a pupil transportation certificate governed by

19

280-RICR-30-05-5 prior to the sunset of this section.

20

     (6) The provider driver complies with license requirements under §§ 31-10-5, 31-22.1-

21

3(10), and 31-22-11.6(b)(10) prior to the date of sunset of this section.

22

     (f) Unless extended by the general assembly, this section shall sunset upon the conclusion

23

of the 2021-2022 school year.

24

     SECTION 11. Section 31-27-2.8 of the General laws in chapter 31-27 entitled “Motor

25

Vehicle Offenses” is hereby amended to read as follows:

26

     31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part

27

of sentence -- Requirements.

28

     (a) Any person subject to suspension pursuant to §§  31-27-2.1(b)(1) and 31-27-2.1(b)(2)

29

or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31-

30

27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§  31-27-2.1(b)(1) and 31-

31

27-2.1(b)(2), may be prohibited by the sentencing judge or magistrate from operating a motor

32

vehicle that is not equipped with an ignition interlock system, and/or blood and urine testing by a

33

licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-

34

related disorders, a licensed or certified psychologist, social worker, or EAP professional with like

 

LC005928 - Page 67 of 74

1

knowledge, or a substance abuse counselor certified by the National Association of Alcohol and

2

Drug Abuse Counselors (all of whom shall be licensed in Rhode Island), pursuant to this section.

3

     (1) Notwithstanding any other sentencing and disposition provisions contained in this

4

chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating

5

a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as

6

evidenced by the presence of controlled substances on or about the person or vehicle, or other

7

reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary

8

breath test, results from a breathalyzer that indicates no blood alcohol concentration or both, the

9

magistrate may exercise his or her discretion and eliminate the requirement of an ignition interlock

10

system; provided, that blood and/or urine testing is mandated as a condition to operating a motor

11

vehicle as provided in this section.

12

     (2) Notwithstanding any other sentencing and disposition provisions contained in this

13

chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating

14

a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as

15

evidenced by the presence of controlled substances on or about the person or vehicle, or other

16

reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary

17

breath test, results from a breathalyzer that indicates blood alcohol concentration or both, the

18

magistrate may require an ignition interlock system in addition to blood and/or urine testing as a

19

condition to operating a motor vehicle as provided in this section.

20

     (b) Notwithstanding any other provisions contained in this chapter, any mandatory period

21

of license suspension shall, upon request, be reduced by the imposition of an ignition interlock

22

system and/or blood and urine testing ordered by the court or traffic tribunal as follows:

23

     (1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day

24

(30) license suspension and an imposition of an ignition interlock system and/or blood and urine

25

testing for three (3) months to one year.

26

     (2) For a violation of § 31-27-2.1(c)(1), a person shall be subject to a minimum thirty-day

27

(30) license suspension and an imposition of an ignition interlock system and/or blood and urine

28

testing for a period of six (6) months to two (2) years.

29

     (3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-

30

day (45) license suspension and an imposition of an ignition interlock system and/or blood and

31

urine testing for a period of six (6) months to two (2) years.

32

     (4) For a violation of § 31-27-2.1(c)(2), a person shall be subject to a minimum sixty-day

33

(60) license suspension and an imposition of an ignition interlock system and/or blood and urine

34

testing for a period of one to four (4) years.

 

LC005928 - Page 68 of 74

1

     (5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day

2

(60) license suspension and imposition of an ignition interlock system and/or blood and urine

3

testing for a period of one to four (4) years.

4

     (6) For a violation of § 31-27-2.1(c)(3), a person shall be subject to a minimum ninety-day

5

(90) license suspension and imposition of an ignition interlock system and/or blood and urine

6

testing for a period of two (2) to ten (10) years.

7

     (7) No license suspension shall be subject to more than a thirty-day (30) license suspension

8

based solely upon the imposition of an ignition interlock system.

9

     (i) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon

10

an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination

11

that the motorist was under the influence of intoxicating liquor only, the magistrate shall, upon

12

request, immediately grant a conditional hardship license after a finding of need pursuant to this

13

section and upon proof of the installation of an ignition interlock device.

14

     (ii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or

15

upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or

16

determination that the motorist was under the influence of drugs, toluene, or a controlled substance,

17

but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a

18

conditional hardship license after a finding of need pursuant to this section and upon proof of blood

19

and urine testing pursuant to this section.

20

     (iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or

21

upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or

22

determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled

23

substance, or any combination thereof, the magistrate shall, upon request immediately grant a

24

conditional hardship license after a finding of need pursuant to this section and upon proof of the

25

installation of an ignition interlock device, subject also to the following testing:

26

     (A) The testing of either blood or urine is being performed by or monitored by a licensed

27

physician with knowledge and clinical experience in the diagnosis and treatment of drug-related

28

disorders, a licensed or certified psychologist, social worker, or EAP professional with like

29

knowledge, or a substance abuse counselor certified by the National Association of Alcohol and

30

Drug Abuse Counselors (all of whom shall be licensed in Rhode Island).

31

     (B) The motorist is required to pay for the substance abuse professional, any testing,

32

retesting, monitoring, and reporting costs of the blood and urine testing.

33

     (C) Samples are to be collected, tested and confirmed by a federally certified laboratory by

34

means of gas chromatography/mass spectrometry or technology recognized as being at least as

 

LC005928 - Page 69 of 74

1

scientifically accurate.

2

     (D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance

3

with the recommendation of the substance abuse professional. The samples taken thereafter may

4

be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the

5

request. The substance abuse professional shall report to the department of the attorney general

6

within twenty-four (24) hours any failure by the motorist to comply with a request for a sample.

7

     (E) A positive test of urine or blood that evidences any controlled substances shall be

8

reported by the substance abuse professional to the motorist and to the department of the attorney

9

general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own

10

expense, have an opportunity to have the sample retested or reevaluated by an independent testing

11

facility which shall provide the result directly to the substance abuse professional. The attorney

12

general may request, at any time, a copy of any or all test results from the substance abuse

13

professional, which who shall forward the requested results within forty-eight (48) hours.

14

     (F) Upon completion of the license suspension, conditional hardship, ignition interlock and

15

substance abuse testing periods, a finalized report shall be presented to the department of motor

16

vehicles prior to any license reinstatement.

17

     (G) If a judge or magistrate determines that a motorist either failed, without good cause, to

18

comply with a sample request or tested positive for any controlled substance, he or she may exercise

19

his or her discretion and revoke the conditional hardship license, extend the time period for the

20

ignition interlock system and/or substance abuse testing for an additional period of up to twelve

21

(12) months and/or impose an additional loss of license for up to twenty-four (24) months.

22

     (H) A motorist who has failed, without good cause, to comply with a sample request or

23

tested positive for any controlled substance for a second time within twelve (12) months of the first

24

failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one

25

year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.

26

     (c) However, in any case where a motorist is convicted of an alcohol-related offense

27

pursuant to the provisions of this chapter, the judge or magistrate may exercise his or her discretion

28

in the granting of the hardship license by imposing up to a ninety (90) day loss of license prior to

29

any imposition of the hardship license. The hardship license shall be valid for twelve (12)

30

continuous hours per day for any valid reason approved in advance by the sentencing judge or

31

magistrate, which shall include employment, medical appointments, job training, schooling, or

32

religious purposes. The hardship license shall not be for less than twelve (12) continuous hours per

33

day. A hardship license shall only be granted in conjunction with the installation of an ignition

34

interlock device and/or blood and urine testing. Any conditional driving privileges must be set by

 

LC005928 - Page 70 of 74

1

the sentencing judge or magistrate after a hearing in which the motorist must provide proof of

2

employment status and hours of employment, or any other legitimate reasons justifying a hardship

3

license. These shall include, but not be limited to, any unemployment training, schooling, medical

4

appointments, therapy treatments, or any other valid requests set forth by sworn affidavit. Once

5

said hardship period has concluded, the motorist must still be subject to the conditions of the

6

ignition interlock system and/or blood and urine testing as set forth under this section for the period

7

of time as directed by the court. Any individual who violates the requirements of this subsection

8

shall be subject to the penalties enumerated in § 31-11-18.1.

9

     (d) Any person convicted of an offense of driving under the influence of liquor or drugs

10

resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious

11

bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger

12

resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by

13

law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition

14

interlock system and/or blood and urine testing for one to five (5) years.

15

     (e) Any person who operates a motor vehicle with a suspended license during the period

16

of suspension, and the reason for the suspension was due to a conviction of driving under the

17

influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical

18

test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing

19

for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1.

20

     (f) When the court orders the use of an ignition interlock system, the judge or magistrate

21

shall cause an appropriate notation to be made on the person's record that clearly sets forth the

22

requirement for, and the period of the use of, the ignition interlock system.

23

     (g) In addition to the requirements of subsection (f) of this section, the court or traffic

24

tribunal shall:

25

     (1) Require proof of the installation of the ignition interlock system and periodic reporting

26

by the person for the purpose of verification of the proper operation of the ignition interlock system;

27

     (2) Require the person to have the ignition interlock system monitored for the proper use

28

and accuracy by a person, firm, corporation, or other association to be approved by the division of

29

motor vehicles at least once every six (6) months, or more frequently as the circumstances may

30

require; and

31

     (3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and

32

maintenance of the ignition interlock system.

33

     (4) The requirements under subsection (g) of this section shall be the responsibility of the

34

probation department or justice assistance, if the individual is under their control, or the division of

 

LC005928 - Page 71 of 74

1

motor vehicles if the individual is not monitored as a condition of the individual's plea or finding

2

of guilt.

3

     (h) Any person granted a conditional hardship license upon proof of installation of an

4

ignition interlock device, may operate that motor vehicle during the entire twelve-hour (12) period

5

of operation granted by the sentencing judge or magistrate including during the scope of the

6

person's employment and/or any other valid reason approved by the sentencing judge or magistrate.

7

     (i) If a person is required, in the course of the person's employment, to operate a motor

8

vehicle owned or provided by the person's employer, the person may operate that motor vehicle in

9

the course of the person's employment without installation of an ignition interlock system if the

10

court makes specific findings expressly permitting the person to operate, in the course of the

11

person's employment, a motor vehicle that is not equipped with an ignition interlock system.

12

     (j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who

13

violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment,

14

or a fine of up to one thousand dollars ($1,000), or both.

15

     (2) For a second violation within six (6) months from entry of the order, the person

16

violating the order shall be imprisoned for a term of not less than ten (10) days and not more than

17

one year.

18

     (k) For the purposes of this subsection, a violation of the interlock order, includes, but is

19

not limited to:

20

     (1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition

21

interlock system that has been installed in the motor vehicle of a person under this section;

22

     (2) Operating a motor vehicle that is not equipped with an ignition interlock system; or

23

     (3) Soliciting or attempting to have another person start a motor vehicle equipped with an

24

ignition interlock system for the purpose of providing an operable motor vehicle to a person who

25

is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.

26

     (l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition

27

interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition

28

interlock system that has been installed in the motor vehicle for the purpose of providing an

29

operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not

30

equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to

31

one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.

32

     SECTION 12. Section 42-105-11 of the General laws in chapter 42-105 entitled “Newport

33

and Bristol County Convention and Visitors’ Bureau” is hereby amended to read as follows:

34

     42-105-11. Annual report.

 

LC005928 - Page 72 of 74

1

     Within six (6) months after the close of its fiscal year the bureau shall approve and submit

2

an annual report to the governor, the speaker of the house of representatives, the president of the

3

senate, the secretary of state, and each of the following city and town councils: Jamestown,

4

Middletown, Newport, Portsmouth, Little Compton and Tiverton of its activities during that fiscal

5

year. The report shall provide: an operating statement summarizing meetings or hearings held,

6

meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations

7

promulgated, studies conducted, policies and plans developed, approved, or modified, and

8

programs administered or initiated; a consolidated financial statement of all funds received and

9

expended including the source of the funds, a listing of any staff supported by these finds, and a

10

summary of any clerical administrative or technical support received; a summary of performance

11

during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis

12

of hearings, complaints, suspensions, or other legal matters related to the bureau; a summary of any

13

training courses held pursuant to this chapter; a briefing on anticipated activities in the upcoming

14

fiscal year; and findings and recommendations for improvements. The report shall be posted

15

electronically on the general assembly and the secretary of state's websites as prescribed in § 42-

16

20.8-2 42-20-8.2. The director of the department of administration shall be responsible for the

17

enforcement of this provision.

18

     The bureau shall cause an audit of its books and accounts to be made at least once each

19

fiscal year by certified public accountants selected by it and its cost shall be paid by the bureau

20

from funds available to it pursuant to this chapter.

21

     SECTION 13. Sections 1 through 24 of Article I of this act shall take effect on December

22

31, 2022 and sections 1 through 12 of Article II of this act shall take effect upon passage.

========

LC005928

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LC005928 - Page 73 of 74

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

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1

     This act makes a number of technical amendments to the general laws, prepared at the

2

recommendation of the Law Revision Office. Article I contains the reenactment of title 28 of the

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general laws. Article II includes the statutory construction provisions.

4

     Sections 1 through 24 of Article I of this act would take effect on December 31, 2022.

5

Sections 1 through 12 of Article II of this act would take effect upon passage.

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LC005928

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LC005928 - Page 74 of 74