2019 Annual Report

 

 

 

1)

Section

Amend Chapter Numbers:

 

1-7-5

187 and 249

 

 

1-7-5. Health study.

     (a) The corporation shall provide the department of health with funding in an amount not

to exceed two hundred thousand dollars ($200,000), half to be paid in fiscal year 2008 and the

other half to be paid in fiscal year 2009, which funds the department of health will use for an

independent health study (the "study" or the "health study") developed in consultation with the

department of environmental management and the air-quality monitoring public advisory

committee. The purpose of the study will be to determine whether and to what extent, air

pollution generated by airport activities affects the health of area residents based, to the extent

feasible, on established health benchmarks.

     (b) The study shall use the data collected from the first year of long-term, air-quality

monitoring at the airport described in the previous sections to evaluate potential public health

implications of emissions based, to the extent feasible, on established health benchmarks, and

shall be completed and submitted to the governor, the speaker of the house of representatives, and

the president of the senate no later than May 30, 2009.

     (c) The corporation, the department of health, and the city of Warwick shall publish

technical reports and scientific publications that resulted from this health study on their respective

websites no later than July 31, 2019, and shall maintain them on their respective websites for at

least five (5) years thereafter.


 

 

 

2)

Section

Amend Chapter Numbers:

 

1-7-6

187 and 249

 

 

1-7-6. Reporting.

     (a) The corporation shall provide the department of environmental management with an

inventory of greenhouse gas pollutants, including, but not limited to, carbon dioxide and methane,

and an annual inventory of sulfur dioxide, nitrogen oxides, and carbon monoxide. The inventories

of data generated in the prior calendar year shall be reported to the department of environmental

management on or before March 30, 2009, and every March 30 thereafter.

     (b) Data generated from the permanent air-quality monitors shall be reported to the

department of environmental management, and the department of health, and to the city of

Warwick on at least a quarterly basis and shall be used by the departments to continuously

augment and update air-quality-monitoring studies conducted by the departments. The

corporation shall publish the data on its website within thirty (30) calendar days of the end of the

quarter.

     (c) The department of health shall prepare an annual report that shall contain the

department's findings, analysis, conclusions, and recommendations resulting from the data

generated by and from the permanent air-quality monitors (the "monitors"), as well as a summary

of the data collected from the monitors. The first such report shall be due on or before July 31,

2017, and on or before July 31 in 2018, 2019, and for any further year thereafter during which

data is collected and reported pursuant to the provisions of subsection (b) of this section. Copies

of these reports shall be provided by the required dates to the speaker of the house, the president

of the senate, the office of the governor, the office of the attorney general, the airport corporation,

and the offices of the mayor and the city council of the city of Warwick. The department of

health, the airport corporation, and the city of Warwick shall publish these reports on their

respective websites within thirty (30) calendar days of receipt of the reports.


 

3)

Section

Amend Chapter Numbers:

 

1-7-9

187 and 249

 

 

1-7-9. Monitoring actions required and compliance -- Sunset provision.

     (a) On or before January 31, 2017, and on or before January 31, 2018, and January 31,

2019, thereafter, the department of environmental management, the department of health, and the

attorney general shall submit to the governor, the speaker of the house, and the president of the

senate, recommendations as to the continuation of the air monitoring required in this act. and,

unless

     (b) Unless extended by the general assembly, the corporation's obligation to operate and

maintain the air monitoring system will cease on July 31, 2019. July 31, 2021; provided, this

sunset date shall be dependent upon the corporation undertaking and completing the following

actions prior to July 31, 2021:

     (1) As part of the long-term air-quality monitoring program, ambient air-quality monitors

shall be set up in a network that shall include at least four (4) monitoring sites in the area of and

surrounding T. F. Green Airport. These monitors shall be designed, placed, and maintained so as

to measure air-quality impacts from airport operations, including those impacts associated with

planes operating on the extended runway and on neighborhoods adjacent to the airport facility,

and at the Winslow Park playing fields. In addition to the quarterly summary reports prepared by

the corporation based on this data, the corporation shall compile at least twenty (20) months of

complete air quality monitoring data from these monitors and submit that data to the department

of health prior to May 1, 2021, pursuant to � 1-7-6; and

     (2) The corporation shall comply with all other reporting and publishing requirements set

forth in this chapter.


 

 

 

4)

Section

Add Chapter Numbers

 

2-1-10.1

122 and 134

 

 

2-1-10.1. Assent to food safety modernization act.

     The state of Rhode Island assents to the provisions of the act of Congress entitled "FDA

Food Safety Modernization Act," 21 U.S.C. � 2201 et seq., and the director of environmental

management is authorized, empowered, and directed to perform those acts relating to produce on

the farm that may be necessary for the modernization of the safety of the food supply, as defined

in that act of Congress, in compliance with that act and with the rules and regulations

promulgated by the Food and Drug Administration that are consistent with that act.

     SECTION 2. Section 21-28-1.02 of Chapter 21-28 of the General Laws entitled "Uniform

Controlled Substances Act" is hereby amended by amending � 21-28-1.02(30) [effective until

January 1, 2023] and � 21-28-1.02(29) [effective January 1, 2023] as follows:

     (30) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

the seeds of the plant; the resin extracted from any part of the plant; and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not

include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of

mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

plant which is incapable of germination. Marijuana shall not include "industrial hemp" or

"industrial hemp products" which satisfy the requirements of chapter 26 of title 2, nor shall it

include products that have been approved for marketing as a prescription medication by the U.S.

Food and Drug Administration and legally prescribed.

     (29) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

the seeds of the plant; the resin extracted from any part of the plant; and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not

include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of

mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

plant which is incapable of germination. Marijuana shall not include "industrial hemp" or

"industrial hemp products" which satisfy the requirements of chapter 26 of title 2, nor shall it

include products that have been approved for marketing as a prescription medication by the U.S.

Food and Drug Administration and legally prescribed.


 

 

 

5)

Section

Amend Chapter Numbers

 

3-7-14

102 and 135

 

 

3-7-14. Class F license.

     (a) A retailer's Class F license authorizes the holder of the license to keep for sale and to

sell malt and vinous beverages on the premises, described in the license, at retail for consumption

on the premises where sold for a period of nineteen (19) hours, including Sunday. The license

may be issued to religious organizations, state non-business corporations, limited-liability

companies (LLCs), sole proprietorships, and political organizations only and the sale of malt and

vinous beverages may take place between the hours of six o'clock (6:00) a.m. and one o'clock

(1:00) a.m. on the following day, provided that no more than twelve (12) licenses shall be issued

to any organization, corporation, LLC, sole proprietorship, or political organization in any one

calendar year; and provided further that, as to each such entity, this limit of twelve (12) licenses

per calendar year shall apply collectively to such the entity and its officers, directors, principals,

affiliates, employees, and agentsClass F licenses shall not be granted to any person or entity

holding any other liquor license. The fee for each retailer's Class F license is fifteen dollars

($15.00).

     (b) The issuing authority may, in its discretion, permit applicants to file a single annual

application for issuance of up to twelve (12) event licenses for a calendar year and the authority

may issue such the licenses concurrently; provided that, each event license shall state the specific

event date with which it is associated; and provided further that, the applicant shall pay the

collective amount of the event license fees, fifteen dollars ($15.00) multiplied by the number of

licenses issued, at the time of issuance.


 

 

 

6)

Section

Add Chapter Numbers:

 

3-7-14.1

102 and 135

 

 

3-7-14.1. Class F-1 license.

     (a) A retailer's Class F-1 license authorizes the holder of the license to keep for sale and

to sell alcoholic beverages on the premises, described in the license, at retail for consumption on

the premises where sold for a period of nineteen (19) hours, including Sunday. The license may

be issued to religious organizations, state non-business corporations, limited-liability companies

(LLCs), sole proprietorships, and political organizations only and the sale of beverages may take

place between the hours of six o'clock (6:00) a.m. and one o'clock (1:00) a.m. on the following

day; provided that, no more than twelve (12) licenses shall be issued to any organization,

corporation, LLC, sole proprietorship, or political organization in any one calendar year; and

provided further, that as to each such entity, this limit of twelve (12) licenses per calendar year

shall apply collectively to such the entity and its officers, directors, principals, affiliates,

employees, and agents. Class F-1 licenses shall not be granted to any person or entity holding any

other liquor license.

     (b) The fee for the license is thirty-five dollars ($35.00.)

     (c) The issuing authority may, in its discretion, permit applicants to file a single annual

application for issuance of up to twelve (12) event licenses for a calendar year and the authority

may issue such the licenses concurrently; provided that, each event license shall state the specific

event date with which it is associated; and provided further that, the applicant shall pay the

collective amount of the event license fees, thirty-five dollars ($35.00) multiplied by the number

of licenses issued, at the time of issuance.

     (d) Class F and F-1 license holders shall purchase alcohol for resale from Class A license

holders only.


 

 

 

7)

Section

Add Chapter Numbers:

 

3-7-16.10

156 and 163

 

 

3-7-16.10. Class SE license.

     A city or town may issue a Special Events (SE) license which that shall allow any retail

business not otherwise licensed in this chapter or affiliated with any entity licensed in this chapter

or nonprofit organization to offer alcoholic beverages for sale at retail at, or as part of the

consideration for admission to, an event to be held at its premises. Such events shall not be held

more often than one day in each calendar month. The alcoholic beverages for such these events

shall be purchased from a Class A licensee in the same city or town, notwithstanding any other

provision of this chapter.


 

 

 

8)

Section

Amend Chapter Numbers:

 

3-7-19

13 and 14, 119 and 153, 162 and 169, 292 and 310

 

 

3-7-19. Objection by adjoining property owners -- Proximity to schools and

churches.

     (a) Retailers' Class B, C, N and I licenses, and any license provided for in � 3-7-16.8 of

this chapter, shall not be issued to authorize the sale of beverages in any building where the

owner of the greater part of the land within two hundred feet (200') of any point of the building

files with the body or official having jurisdiction to grant licenses his or her objection to the

granting of the license, nor in any building within two hundred feet (200') of the premises of any

public, private, or parochial school or a place of public worship. In the city of East Providence,

retailer's Class A licenses shall not be issued to authorize the sale of beverages in any building

within five hundred feet (500') of the premises of any public, private, or parochial school, or a

place of public worship.

     (b) As used in this section, "private school" means any nonpublic institution of

elementary or secondary (K-12th grade) education, accredited or recognized as a private school

by the department of elementary and secondary education or the school committee of the city or

town having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was

issued prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an

objection to, or disapproval of, the transfer of a Class B or C license where the location of the

licensed establishment predates the location of the public, private, or parochial school, or place of

public worship.

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B, C, or I license intended to be located within the following

described area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence

River to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line

of Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden

Street to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102') to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9') along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet

(112') to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse

Street for a distance of ninety feet (90') to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within any zoning district in

the town of Warren which is designated as a limited business district or as a general business

district pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of

the Bristol tax assessors map as of December 31, 1999, including that portion of the public

sidewalk contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section

as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance

of the city of Newport, provided that the applicant be an existing holder of a Retailers' Class B

license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on lot 131 of tax assessors

plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer

Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed

retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city

of Cranston under this exemption, whether said transfer is attributable to the holder's death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13,

2003 and, in addition, those requirements applicable to anyone who desires to become a

transferee of a validly issued and outstanding Class B license designated for use in any location in

the state of Rhode Island. Neither the exemption granted herein nor any future exemption granted

hereafter shall be effective until the proposed Class B license and the underlying property owner

is certified to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following

described area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way,

then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to

the Central Falls line.

     (9) Notwithstanding the provisions of this section the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax

assessors plat 10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall

apply only to any renewal of any class B, C, or I license issued for use at the said premises

located on plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then

this exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of

the applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this

section a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181,

lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot

732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 105, lot 489, plat

105, lot 12 and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 37, lot 69 of the

applicable town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on Plat 11, lot 3558 of the

applicable city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any

Class B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax

assessors map as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of

the applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 43, lot

211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 1948-1950 Westminster

Street on plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer's Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown's tax assessor's maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the

applicable city of Providence tax assessor's map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV license intended to be located at 226 and 230 Dean

Street on plat 25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 219 Main Street on

map/lot 085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 137 Main Street on

map/lot 085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-

003-084; 74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241

Main Street on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street

on map/lot 085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town

of East Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on tax assessor's plat 10, lot 108, of

the Lincoln tax assessor's map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class C license intended to be located at 215 Dean Street on plat

28, lot 961 of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 100-102 Hope Street on

plat 16, lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 88 Broad Street on Lots

32, 51, and 52 of Plat 2 Cumberland tax assessor's map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 11 Lowell Avenue, 191

Pocasset Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax

assessor's map as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on Plat 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV and Class BX license intended to be located at 161

Douglas Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailers' Class B license intended to be located at 1007 Broad Street, Plat

53, Lot 192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat

53, Lot 582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 122 North Main Street,

Map/Lot 130-125-005 of the applicable city of Woonsocket tax assessment map.

 �� (40) Notwithstanding the provisions of this section, the city council of the city of

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

proposed retailers' class BV and class BM license intended to be located between 2 Main Street

(tax assessor's plat 14, lot 284) and 194 Main Street (tax assessor's plat 14, lot 139).

�  (41) Notwithstanding the provisions of this section, the board of licenses in the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailers' Class B license intended to be located at 375 Smith Street, Plat 68,

Lot 132 of the applicable city of Providence tax assessment map.

��� (42) Notwithstanding the provisions of this section, the board of licenses in the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailers' Class B license intended to be located at 671 Broadway Street, Plat

35, Lot 566 of the applicable city of Providence tax assessment map.


 

 

 

 

 

9)

Section

Amend Chapter Numbers:

 

3-8-4

61 and 71

 

 

3-8-4. Drinking by or hiring of underage persons.

     (a) Use of a credit card for the purchase of beverages may be permitted by all classes of

license holders and, notwithstanding the purchase of alcoholic beverages by credit card, license

holders shall not sell or furnish beverages to any person who has not reached his or her twenty-

first (21st) birthday to drink any beverage upon any licensed premises.

     (b) Licensees shall not hire any persons who have not reached their eighteenth (18th)

birthday to sell or serve beverages in any place where those beverages may be consumed on the

premises where sold.

     (c) License holders may enforce a prohibition against any patron who has not reached his

or her twenty-first birthday from entering the licensed establishment after ten o' clock o�clock

(10:00) p.m..


 

 

 

 

 

10)

Section

Repeal Chapter Numbers:

 

4-1-30

115 and 147

 

 

4-1-30. [Repealed.]

 


 

11)

Section

Add Chapter Numbers:

 

4-1-30.1

115 and 147

 

 

4-1-30.1. Cruelty to public safety - Dogs and horses.

     (a) As used in this section:

     (1) "Police canine" means any canine, and "police horse" means any horse, that is owned

or in the service of a law enforcement agency, for the principal purpose of aiding in the detection

of criminal activity, enforcement of laws, maintaining public order, or apprehension of offenders;

     (2) "Fire canine" means any canine that is owned, or in the service of a fire department, a

special fire district, or the state fire marshal for the principal purpose of aiding in the detection of

flammable materials or the investigation of fires; and

     (3) "SAR canine" means any search and rescue canine that is owned, or in the service of a

fire department, a law enforcement agency, a special fire district, or the state fire marshal, for the

principal purpose of aiding in the detection of missing persons, including, but not limited to,

persons who are lost,; who are trapped under debris as the result of a natural, manmade, or

technological disaster; or who are drowning victims.

     (b) Penalties:

     (1) Any person who intentionally and knowingly, without lawful cause or justification,

causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a

police canine, fire canine, SAR canine, or police horse commits a felony, shall be imprisoned not

exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000), and shall, in the

case of any animal of another, be liable to the owner of this animal for triple damages, to be

recovered by civil action. In addition, any person convicted under this section shall be required to

serve fifty (50) hours of community restitution. That community restitution penalty shall not be

suspended or deferred and is mandatory.

     (2) Any person who actually and intentionally maliciously touches, strikes, or causes

bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor,

and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment

of not more than one year, or both.

     (3) Any person who intentionally or knowingly maliciously harasses, teases, interferes

with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while

the animal is in the performance of its duties commits a misdemeanorand shall be punished by a

fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or

imprisonment of not more than one year, or both.

     (c) Except as provided in subsection (b)(1) of this section, any person convicted under

this section shall make full restitution for injuries sustained by the police canine, fire canine, SAR

canine, or police horse and shall pay the replacement cost of any dog or horse, if that animal can

no longer perform its public safety duties. Any canine that is owned by or employed by a law

enforcement agency shall be exempt from restitution requirements of this subsection.


 

 

12)

Section

Add Chapter Numbers:

 

4-1.2

180 and 242

 

 

CHAPTER 1.2

 

 

SEIZURE OF ANIMALS BEING CRUELLY TREATED


 

 

13)

Section

Add Chapter Numbers:

 

4-1.2-1

180 and 242

 

 

4-1.2-1. Seizure of animals being cruelly treated.

     (a) The RI state veterinarian, the general/special agent of the RI Society for the

Prevention of Cruelty to Animals (RISPCA), or any duly sworn and authorized state or municipal

law enforcement officer may lawfully take charge and possession of any animal found abandoned

or neglected or hazardously accumulated as defined in � 4-1-1, or in the opinion of that

veterinarian, agent, or officer is aged, maimed, disabled, lame, sick, diseased, injured, unfit for

the labor it is performing, or cruelly treated, and may thereupon proceed to provide all necessary

care and treatment required or take other appropriate action as determined by a licensed

veterinarian.

     (b) Any person authorized to seize an animal pursuant to this section must leave written

notice on the property where the animal was seized within twenty-four (24) hours of the seizure.

This notice must be left in a location where it is reasonably likely to be found and must include

the name, address, telephone number, and signature of the person seizing the animal; the reason

for seizing the animal; and the location where the seized animal is being kept pending any order

pursuant to � 4-1.2-3. If the address of the animal owner is known, notification through certified

mail with return receipt requested shall also be provided.


 

 

 

14)

Section

Add Chapter Numbers:

 

4-1.2-2

180 and 242

 

 

4-1.2-2. Notice of hearing.

     Any authorized person making a seizure may file with a district court which that has

jurisdiction over such the matter a verified petition plainly stating such those facts as to bring

such animal within the jurisdiction of the court and praying for appropriate action by the court in

accordance with the provisions of this chapter. Upon the filing of such the petition, the court shall

cause a summons to be issued requiring the owner(s) or person(s) having responsibility for the

care of the animal, if known, to appear in court at the time and place named, which summons

shall be served not less than fourteen (14) days before the date of the hearing. If the owner(s) or

person(s) having responsibility for the care of the animal is not known, notice of the time and

place of the hearing shall be given by publication in a newspaper having a circulation in the town

in which such the officer took charge of such the animal not less than fourteen (14) days before

the date of the hearing. Such The court shall further give notice to the petitioner of the time and

place of the hearing not less than fourteen (14) days before the date of the hearing.


 

 

 

15)

Section

Add Chapter Numbers:

 

4-1.2-3

180 and 242

 

 

4-1.2-3. Order for temporary care of seized animals.

     (a) If it appears from the allegations of the petition and other affirmations of fact

accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find

that the animal's condition or the circumstances surrounding its care require that its custody be

immediately assumed to safeguard its welfare, the court shall either:

     (1) Issue an order to the owner(s) or person(s) having responsibility for the care of the

animal to show cause at such time as the court may designate why the court shall not vest in some

suitable state, municipal, or other public or private agency or person the animal's temporary care

and custody pending a hearing on the petition; or

     (2) Issue an order vesting in some suitable state, municipal, or other public or private

agency or person, the animal's temporary care and custody, pending a hearing on the petition,

which hearing shall be held within ten (10) days from the issuance of such the order on the need

for such temporary care and custody. The service of such the orders may be made by any officer

authorized by law to serve process, state police officer, indifferent person, or by certified mail

with return receipt requested if the individual lives out of state.


 

 

 

16)

Section

Add Chapter Numbers:

 

4-1.2-4

180 and 242

 

 

4-1.2-4. Posting of bond.

     (a) If the court issues an order pursuant to � 4-1.2-3 vesting the animal's temporary care

and custody in some suitable state, municipal, or other public or private agency or person, the

owner(s) shall either surrender ownership of the animal or post a surety bond or cash bond with

the agency or person in whom the animal's temporary care and custody was vested. The surety

bond or cash bond shall be in in an amount sufficient to pay the reasonable expenses related to

necessary veterinary care, shelter, feeding, and board which that is reasonably anticipated to be

incurred by the agency or person having temporary care and custody of the animal during the

litigation of the process referenced in � 4-1.2-1.

     (b) The surety bond or cash bond shall cover the expenses for a period as decided by the

court with subsequent bonds being necessary upon the expiration of the preceding bond until the

animal is transferred, returned, or otherwise treated pursuant to � 4-1.2-5. Failure to post the

original or subsequent bonds will result in forfeiture of the seized animals, with disposition as

provided for pursuant to � 4-1.2-5.


 

 

 

17)

Section

Add Chapter Numbers:

 

4-1.2-5

180 and 242

 

 

4-1.2-5. Disposition of seized animals.

     (a) If, a seized animal is forfeited or surrendered pursuant to � 4-1.2-4, or after hearing,

the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the

animal in any state, municipal, or other public or private agency which that is permitted by law to

care for neglected or cruelly treated animals or with any person found to be suitable or worthy of

such the responsibility by the court.

     (b) If, after hearing, the court finds that the animal is so injured or diseased, the court may

order the animal into the care of a licensed veterinarian to provide the animal with appropriate

treatment.

     (c) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it

may cause the animal to be returned to its owner(s) or person(s) having responsibility for its care

or, if such the owner(s) or person(s) is unknown or unwilling to resume caring for such the

animal, it may transfer ownership of the animal in any state, municipal, or other public or private

agency or person found to be suitable or worthy of such the responsibility.

     (d) If the court renders a final decision under subsection (a) or (b) of this section, the

agency or person with whom the bond was posted shall return the balance, if any, of such the

bond to the owner(s). The amount of the bond to be returned to the owner(s) shall be calculated

by dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the

number of days less than thirty (30) that such the agency or person has not had temporary care

and custody of the animal.

     (e) If the court makes a finding pursuant to subsection (c) of this section after the

issuance of an order of temporary care and custody pursuant to � 4-1.2-3 and the owner(s) of the

animal has posted a bond pursuant to � 4-1.2-4(b), the agency or person with whom the bond was

posted shall return all such the bond(s) to such the owner(s).

     (f) Unless the court finds that there was no probable cause to institute a complaint that the

animal is not neglected or cruelly treated, the expense incurred by the state or a municipality in

providing proper food, shelter, and care to an animal it has seized pursuant to this chapter and the

expense incurred by any state, municipal, or other public or private agency or person in providing

temporary care and custody to an animal pursuant to the provisions of this chapter shall be

determined by calculating the average costs from three (3) providers of the necessary equivalent

services related to the veterinary care, sheltering, feeding, and board in the state, which was

provided to the animal.


 

 

 

18)

Section

Amend Chapter Numbers:

 

4-19-1

120 and 145

 

 

4-19-1. Purpose.

     The purpose of this chapter is:

     (1) To protect the owners of dogs and cats from the sale or use of stolen pets;

     (2) To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed

or registered under this chapter, are provided humane care and treatment by regulating the

transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons

or organizations engaged in transporting, selling, handling, housing, and care of these animals;

     (3) To ensure that animals confined in pet shops, kennels, animal shelters, auction

markets, breeding facilities, and pounds are provided humane care and treatment;

     (4) To release for sale, trade, or adoption only those animals that appear to be free of

infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is

assured; and

     (5) To ensure the spaying and neutering of dogs and cats that are adopted from a

releasing agency;

     (6) To increase transparency concerning where pet shops source dogs and cats; and

     (7) To ensure pet shops can also source puppies and kittens from rescues and shelters to

help provide homes for puppies and kittens in need.


 

 

 

19)

Section

Amend Chapter Numbers:

 

4-19-1

182 and 252

 

 

4-19-1. Purpose.

     The purpose of this chapter is:

     (1) To protect the owners of dogs and cats from the sale or use of stolen pets;

     (2) To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed

or registered under this chapter, are provided humane care and treatment by regulating the

transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons

or organizations engaged in transporting, handling, housing, and care of these animals;

     (3) To ensure that animals confined in pet shops, kennels, animal shelters, auction

markets, breeding facilities, training facilities with the exception of training facilities maintained

by government agencies and training facilities operated by volunteers working for a not-for-profit

or exempt nonprofit organization pursuant to 26 U.S.C. � 501(c)(3) of the Internal Revenue Code,

and pounds are provided humane care and treatment;

     (4) To release for sale, trade, or adoption only those animals that appear to be free of

infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is

assured; and

     (5) To ensure the spaying and neutering of dogs and cats that are adopted from a

releasing agency.


 

20)

Section

Amend Chapter Numbers:

 

4-19-2

120 and 145

 

 

4-19-2. Definitions.

     As used in this chapter, chapter 13 of this title, and the regulations promulgated under

this chapter:

     (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

     (2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent

the animal from experiencing unnecessary or unjustified physical pain or suffering.

     (3) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

     (4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for an animal from a releasing agency that is properly licensed or registered by the

department.

     (5) "Adopting party" means any person who enters into a contract acquiring an animal

from a releasing agency that is properly licensed or registered by the department.

     (6) "Ambient temperature" means the temperature surrounding the animal.

     (7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

     (8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar

facility, that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

     (9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society,

animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

     (10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs

and/or cats for the purpose of improving and enhancing a breed recognized and registered by the

American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale

at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

     (11) "Broker" means any third party who arranges, delivers, or otherwise facilitates

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

     (12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds

animals for the purpose of selling or donating to another dealer or pet shop or research facility.

     (13) "Director" means the director of environmental management of the state of Rhode

Island.

     (14) "Dog officer" or "animal-control officer" means any person employed, contracted, or

appointed by the state, or any political subdivision of the state, for the purpose of aiding in the

enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats,

or other animals; the control of dogs, cats, or other animals; or the seizure and impoundment of

dogs, cats, or other animals and includes any state or municipal peace officer, animal-control

officer, sheriff, constable, or other employee whose duties, in whole or in part, include

assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

     (15) "Euthanasia" means the humane destruction of an animal accomplished by a method

that involves instantaneous unconsciousness and immediate death or by a method that involves

anesthesia, produced by an agent that causes painless loss of consciousness and death during that

loss of consciousness.

     (16) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses;, has title to or an interest in;, harbors, or has control, custody, or possession of an

animal and who is responsible for an animal's safety and well-being.

     (17) "Hobby breeder" means those persons whose regular occupation is not the breeding

and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not

exceed the limits set forth in � 4-25-1(4). Any person who sells at retail a number in excess of the

limits in the aforementioned section shall be considered a breeder.

     (18) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

     (19) "Kennel" means a place or establishment, other than a pound or animal shelter, or

veterinary hospital that is housing animals during their treatment, where animals not owned by

the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to

the following:

      sheltering (i) Sheltering, feeding, and watering in return for a fee in a residential setting,

of no more than four (4) animals not owned by the proprietor, subject to any applicable municipal

ordinance that may be more restrictive;

     (ii) Any entity that sells a dog or cat.

     (20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound,

animal-control officer, or broker that is required to be licensed or registered with the director

pursuant to the provisions of this chapter and is so licensed or registered.

     (21) "Neuter" means to surgically render a male dog or cat unable to reproduce.

     (22) "Person" means any individual, partnership, firm, joint stock company, corporation,

association, trust, estate, or other legal entity.

     (23) "Pet shop" means a temporary or permanent an establishment where animals are

bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in � 4-25-1(4).

     (24) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under

a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

     (25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal

that will have the intended purpose or effect of containment of that animal or that will effectively

restrict the liberty of the animal.

     (26) "Public auction" means any place or location where dogs or cats are sold at auction

to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a

group, or by weight.

     (27) "Research facility" means any place, laboratory, or institution at which scientific

tests, investigations, or experiments, involving the use of living animals, are carried out,

conducted, or attempted.

     (28) "Sanitize" means to make physically clean and to remove and destroy, to a practical

minimum, agents injurious to health.

     (29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances,

the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

     (30) "Spay" means to surgically render a female dog or cat unable to reproduce.

     (31) "State veterinarian" means a licensed veterinarian from the department of

environmental management.


 

 

 

21)

Section

Amend Chapter Numbers:

 

4-19-2

182 and 252

 

 

4-19-2. Definitions.

     As used in this chapter, chapter 13 of this title, and the regulations promulgated under

this chapter:

     (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

     (2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent

the animal from experiencing unnecessary or unjustified physical pain or suffering.

     (3) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

     (4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for an animal from a releasing agency that is properly licensed or registered by the

department.

     (5) "Adopting party" means any person who enters into a contract acquiring an animal

from a releasing agency that is properly licensed or registered by the department.

     (6) "Ambient temperature" means the temperature surrounding the animal.

     (7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

     (8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar

facility, that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

     (9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society,

animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

     (10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs

and/or cats for the purpose of improving and enhancing a breed recognized and registered by the

American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale

at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

     (11) "Broker" means any third party who arranges, delivers, or otherwise facilitates

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

     (12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds

animals for the purpose of selling or donating to another dealer or pet shop or research facility.

     (13) "Director" means the director of environmental management of the state of Rhode

Island.

     (14) "Dog officer" or "animal-control officer" means any person employed, contracted, or

appointed by the state, or any political subdivision of the state, for the purpose of aiding in the

enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats,

or other animals; the control of dogs, cats or other animals; or the seizure and impoundment of

dogs, cats, or other animals and includes any state or municipal peace officer, animal-control

officer, sheriff, constable, or other employee whose duties, in whole or in part, include

assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

     (15) "Euthanasia" means the humane destruction of an animal accomplished by a method

that involves instantaneous unconsciousness and immediate death or by a method that involves

anesthesia, produced by an agent that causes painless loss of consciousness and death during that

loss of consciousness.

     (16) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses; has title to or an interest in; harbors or has control, custody, or possession of an animal

and who is responsible for an animal's safety and well-being.

     (17) "Hobby breeder" means those persons whose regular occupation is not the breeding

and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not

exceed the limits set forth in � 4-25-1(4). Any person who sells at retail a number in excess of the

limits in the aforementioned section shall be considered a breeder.

     (18) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

     (19) "Kennel" means a place or establishment, other than a pound or animal shelter, or

veterinary hospital that is housing animals during their treatment, where animals not owned by

the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to

the sheltering, feeding, and watering in return for a fee in a residential setting, of no more than

four (4) animals not owned by the proprietor, subject to any applicable municipal ordinance that

may be more restrictive.

     (20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound,

animal-control officer, or broker that is required to be licensed or registered with the director

pursuant to the provisions of this chapter and is so licensed or registered.

     (21) "Neuter" means to surgically render a male dog or cat unable to reproduce.

     (22) "Person" means any individual, partnership, firm, joint stock company, corporation,

association, trust, estate, or other legal entity.

     (23) "Pet shop" means a temporary or permanent establishment where animals are

bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in � 4-25-1(4).

     (24) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under

a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

     (25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal

that will have the intended purpose or effect of containment of that animal or that will effectively

restrict the liberty of the animal.

     (26) "Public auction" means any place or location where dogs or cats are sold at auction

to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a

group, or by weight.

     (27) "Research facility" means any place, laboratory, or institution at which scientific

tests, investigations, or experiments, involving the use of living animals, are carried out,

conducted, or attempted.

     (28) "Sanitize" means to make physically clean and to remove and destroy, to a practical

minimum, agents injurious to health.

     (29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances,

the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

     (30) "Spay" means to surgically render a female dog or cat unable to reproduce.

     (31) "State veterinarian" means a licensed veterinarian from the department of

environmental management.

     (32) "Trainer" means those persons who actively engage in the application of behavior

analysis using the environmental events of antecedents and consequences to modify the behavior

of an animal, either for the animal to assist in specific activities or undertake particular tasks, or

for the animal to participate effectively in contemporary domestic life, and who keep, board, or

retain possession of the animal for at least one overnight period, with the exception of those

persons engaged in these activities for dog training programs operated by government agencies

and for dog training programs operated by a not-for-profit or exempt nonprofit organization

pursuant to 26 U.S.C. � 501(c)(3) of the Internal Revenue Code.


 

 

 

22)

Section

Amend Chapter Numbers:

 

 

4-19-4

120 and 145

 

 

 

4-19-4. Registration of animal shelters, rescues, and brokers.

     No person shall operate an animal shelter, rescue, or as a broker unless a certificate of

registration for that animal shelter, rescue, or broker has been granted by the director. Application

for that certificate shall be made in the manner provided by the director. No fee is required for the

application or certificate. Certificates of registration are valid for a period of one year, or until

revoked, and may be renewed annually on the first day of January for like periods upon

application in the manner provided.


 

 

 

23)

Section

Add Chapter Numbers:

 

4-19-4.1

120 and 145

 

 

4-19-4.1. Sales by pet shops.

     (a) A pet shop shall send the following records to the department of environmental

management on or before May 1 and November 1 of every year, documenting the following for

each dog or cat offered for sale during the previous six (6) months:

     (1) A health certificate signed by a licensed veterinarian that indicates that the dog or cat

was examined and in good health seven (7) days after the dog or cat was acquired by the pet

shop;

     (2) Original source information including:

     (i) The name, business name, if applicable, street address, city, and state of the breeder;

     (ii) Any applicable federal and state license number for the breeder;

     (iii) Any federal and state inspection reports the breeder received in the previous six (6)

months, without redactions, unless the reports are unavailable because the breeder had not been

inspected by federal or state agencies in the previous six (6) months;

     (iv) The total number of dogs and cats on the premises of the breeder at the time the dog

or cat offered for sale by the pet shop left the breeder�s premises;

     (3) Broker or dealer information, if applicable, including:

     (i) The name, business name, if applicable, street address, city, and state of the broker or

dealer who obtained the dog or cat from the breeder and resold the dog or cat to the pet shop;

     (ii) Any applicable federal and state license number for the broker or dealer who sold the

dog or cat to the pet shop;

     (iii) Any federal and state inspection reports the broker or dealer received in the previous

six (6) months, without redactions, unless such reports are unavailable because the broker or

dealer has not been inspected by federal or state agencies in the previous six (6) months.

     (b) A pet shop shall post on the enclosure of each dog and cat offered for sale:

     (1) The breed, age, and date of birth of the dog or cat;

     (2) The information required under subsection (a) of this section.

     (c) Subsections (a) and (b) of this section shall not apply to any dog or cat obtained from

an animal rescue, shelter, or dog pound.

     (1) For those dogs or cats obtained from an animal rescue, shelter, or dog pound, a pet

shop must post on each enclosure the name and address of the animal rescue, animal shelter, or

dog pound, and the organization�s federal tax identification number, if applicable.

     (d) A pet shop owner or operator who violates any provision of this section, shall be

punished by a fine of not more than two hundred fifty dollars ($250) for a first offense, by a fine

of not more than three hundred dollars ($300) for a second offense, and a fine of not more than

five hundred dollars ($500) for a third or subsequent offense. Each failure to report or post in

violation of this section shall constitute a separate offense.


 

 

 

 

 

24)

Section

Add Chapter Numbers:

 

4-19-4.2

120 and 145

 

 

4-19-4.2. Prohibition on sales in public places.

     (a) It shall be unlawful for any person to sell, exchange, trade, barter, lease, or display for

a commercial purpose any dog or cat on any roadside, public right-of-way, parkway, median,

park, other recreation area, flea market or other outdoor market, or commercial or retail parking

lot regardless of whether such access is authorized.

     (b) This section shall not apply to the following:

     (1) The display or adoption of dogs or cats by an animal shelter, pound, or rescue as

defined in this chapter; or

     (2) The display of dogs or cats as part of a state or county fair exhibition, 4-H program, or

similar exhibitions or educational programs.


 

 

25)

Section

Amend Chapter Numbers:

 

4-19-5

120 and 145

 

 

4-19-5. Pet shop licenses.

     No person shall operate a pet shop, as defined in this chapter, unless a license to operate

that establishment shall have been granted by the director. Application for that license shall be

made in the manner provided by the director. The license period is the state's fiscal year and the

license fee is one hundred dollars ($100.00) for each license period or partial period part thereof

beginning with the first day of the fiscal year.


 

 

26)

Section

Amend Chapter Numbers:

 

4-19-5.1

120 and 145

 

 

4-19-5.1. Breeder licenses.

     No person shall act as a breeder, as defined in � 4-19-2, unless in possession of a valid

license to operate as a breeder granted by the director. Application for that license shall be made

in the manner provided by the director. The license period is the state's fiscal year and the license

fee is one hundred dollars ($100) for each license period or partial period part thereof beginning

with the first day of the fiscal year.


 

 

27)

Section

Amend Chapter Numbers:

 

4-19-6

120 and 145

 

 

4-19-6. Public auction and kennel licenses.

     (a) No person shall operate a public auction or a kennel, as defined in this chapter, unless

a license to operate that establishment has been granted by the director. Application for the

license shall be made in the manner provided by the director. The license period is the fiscal year

and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning

with the first day of the fiscal year.

     (b) This section shall not be interpreted to interfere in any manner with the issuing of a

public auction or kennel license by any city or town, nor any fee charged by any city or town. No

license shall be issued by the director except for those premises as shall be designated for the

licensure by the respective city or town council.

     (c) Pursuant to � 4-19-2(19), any person who provides the sheltering, feeding, and

watering in return for a fee in a residential setting of no more than four (4) animals not owned by

the proprietor is:

     (1) Exempt from licensure as a kennel under this chapter; and

     (2) Subject to inspection by an authorized agent of the department of environmental

management (hereinafter "the department") upon the department receiving a written complaint

against the person. Only complaints related to animal care, animal health, and animal welfare

may initiate an inspection. Any inspection that is conducted by the department shall be conducted

during the hours of eight o'clock a.m. (8:00 a.m.) through five o'clock p.m. (5:00 p.m.), unless the

person who is the subject of the complaint agrees to an inspection at another time; and

     (3) Required to be compliant with the department's rules and regulations governing

animal care facilities, RICR 250-RICR-40-05-4, �� 4.7 and 4.8.A.1 through 8 (excluding the

sanitation log requirements of � 4.8.A.3). Any inspection conducted by an authorized agent of the

department shall be limited to the aforementioned sections and shall be limited to areas to which

the animals being cared for have access. Any violations of these sections are punishable in

accordance with � 4.12 of the rules and regulations governing animal care facilities and any

appeal for any enforcement action shall be made in accordance with � 4.11.B of those rules and

regulations; and

     (4) Any person who is subject to inspection pursuant to the conditions set forth in

subsection (c)(2), but who denies access to authorized inspectors from the department, is subject

to a civil fine of three hundred fifty dollars ($350). Each day that access is denied shall constitute

a separate punishable offense.


 

28)

Section

Amend Chapter Numbers:

 

4-19-7

120 and 145

 

 

4-19-7. Dealer licenses.

     No person shall be operate as a dealer, as defined in this chapter, after the first day of the

fiscal year unless a license to deal has been granted by the director to that person. Application for

the license shall be made in the manner provided by the director. The license period is the fiscal

year and the license fee is one hundred dollars ($100) for each license period or part thereof

beginning with the first day of the fiscal year.


 

29)

Section

Amend Chapter Numbers:

 

4-19-8

120 and 145

 

 

4-19-8. Denial of certificates of registration or licenses.

     (a) A certificate of registration may be denied to any pound or animal shelter, rescue, or

broker, and a license may be denied to any public auction, kennel, breeder, pet shop, or dealer or,

if granted, the certificate or license may be revoked by the director if, after a hearing, it is

determined that the housing facilities and/or primary enclosures are inadequate for the purposes

of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal

shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or

with the intent of the rules and regulations that may be promulgated pursuant to the authority of

this chapter.

     (b) Upon revocation of a certificate of registration, all animals in the possession of the

pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency

for disposition.

     (c) Upon the revocation of a license, all animals in the possession of the public auction,

kennel, pet shop, breeder, or dealer must be disposed of by the former licensee in a manner

approved by the department. Such disposition must not be for profit and must occur in a

timeframe that is determined by the department. Inspectors from the department or from the

Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility

where the animals being housed by the former licensee are being held until disposition so that the

welfare of said animals can be assured.


 

30)

Section

Amend Chapter Numbers:

 

4-19-8

182 and 252

 

 

4-19-8. Denial of certificates of registration or licenses.

     (a) A certificate of registration may be denied to any pound or animal shelter, rescue,

broker, and a license may be denied to any public auction, kennel, breeder, pet shop, trainer, or

dealer or, if granted, the certificate or license may be revoked by the director if, after a hearing, it

is determined that the housing facilities and/or primary enclosures are inadequate for the purposes

of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal

shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or

with the intent of the rules and regulations that may be promulgated pursuant to the authority of

this chapter.

     (b) Upon revocation of a certificate of registration, all animals in the possession of the

pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency

for disposition.

     (c) Upon the revocation of a license, all animals in the possession of the public auction,

kennel, pet shop, breeder, trainer, or dealer must be disposed of by the former licensee in a

manner approved by the department. Such disposition must not be for profit and must occur in a

timeframe that is determined by the department. Inspectors from the department or from the

Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility

where the animals being housed by the former licensee are being held until disposition so that the

welfare of said animals can be assured.


 

31)

Section

Amend Chapter Numbers:

 

4-19-10

120 and 145

 

 

4-19-10. Dealing in animals without a license.

     Any person dealing in who operates as a dealer of animals, as defined in this chapter,

without a currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere,

be punished pursuant to � 4-19-11.3. Each day of operation shall constitute a separate offense.


 

32)

Section

Amend Chapter Numbers:

 

4-19-16

120 and 145

 

 

4-19-16. Mandatory spaying and neutering of dogs and cats adopted from a licensed

releasing agency.

     (a)(1) No licensed releasing agency shall release, sell, trade, give away, exchange, adopt

out, or otherwise transfer, with or without a fee, any dog or cat that has not been spayed or

neutered unless the adopting party executes a written agreement with the licensed releasing

agency to have the dog or cat spayed or neutered in accordance with subdivisions (2) and (3) of

this section subsections (a)(2) and (a)(3).

     (2) The licensed releasing agency is authorized to enter into a written adoption agreement

with the adopting party provided that at the time of execution of the written agreement, the

licensed releasing agency collect from the adopting party an amount equal to the cost to the

licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The written

agreement must include the dog or cat's age, sex, and general description; the date the adoption

agreement was executed; the date by which the licensed releasing agency anticipates that the dog

or cat will be spayed or neutered; the date by which the adoptive party shall claim the dog or cat;

the adopting party's name, address, phone number, and signature; the licensed releasing agency's

name, address, phone number, and the dollar amount remitted to the licensed releasing agency for

the cost of spaying or neutering the dog or cat.

     (3) After execution of the agreement, the licensed releasing agency shall cause the dog or

cat to be spayed or neutered and, when medically fit, shall transfer custody of the dog or cat to the

adopting party. Any dog or cat that is not claimed by the adoptive party within ten (10) days of

the date enumerated in the written adoption agreement shall be considered unclaimed and may be

offered for adoption to another party.

     (b) The following are exemptions from the provisions of subsection (a):

     (1) A licensed releasing agency returns a stray dog or cat to its owner.

     (2) A licensed releasing agency receives a written report from a licensed veterinarian

stating that the life of the dog or cat would be jeopardized by the surgery and that this health

condition is likely to be permanent.

     (3) A licensed releasing agency receives a written report from a licensed veterinarian

stating that there is a temporary health condition, including sexual immaturity, which would make

surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing

agency shall enter into a written agreement for the spaying or neutering of the dog or cat upon

resolution of the temporary health condition or the animal reaching maturity and shall collect

from the adopting party an amount equal to the cost to the licensed releasing agency for the

spaying or neutering of the dog or cat to be adopted. The licensed releasing agency may then

allow the transfer of the dog or cat to the adopting party who shall return the dog or cat to the

licensed releasing agency for spaying or neutering upon resolution of the temporary health

condition or the animal reaching sexual maturity. The licensed releasing agency may grant the

adopting party an appropriate extension of time in which to have the dog or cat spayed or

neutered based on the veterinarian's report.

     (4) A licensed releasing agency transfers a dog or cat to another licensed releasing

agency.

     (c) If requested to do so, a licensed releasing agency shall refund fees collected for the

purpose of spaying or neutering the dog or cat to the adopting party upon reasonable proof being

presented to the releasing agency by the adopting party that the dog or cat died before the spaying

or neutering was required to be completed.

     (d) Any and all licensed releasing agencies:

     (1) May enter into cooperative agreements with each other and with veterinarians in

carrying out this section; and

     (2) Shall make a good faith effort to cause an adopting party to comply with this section.


 

33)

Section

Amend Chapter Numbers:

 

4-19-20

120 and 145

 

 

4-19-20. Severability.

     If any provision of this chapter or the application of any provision to any person or

circumstances are is held invalid, the remainder of the chapter and the application of any

provision to persons or circumstances other than those as to which it is held invalid shall not be

affected by this invalidity.


 

34)

Section

Amend Chapter Numbers:

 

5-8-21

189, 240, and 308

 

 

5-8-21. Exemptions.

     This chapter shall not be construed to prevent or to affect:

     (1) Temporary certificates of registration.

     (i) Nonresidents. The practice or offer to practice of engineering by a person not a

resident of or having no established place of business in this state, when that practice does not

exceed in the aggregate more than thirty (30) days in any calendar year; provided, the person is

legally qualified by registration to practice engineering, as defined in � 5-8-2(f), in his or her own

state or country. The person shall make application to the board, in writing, and after payment of

a fee set by the board in an amount not to exceed two hundred dollars ($200) may be granted a

written temporary certificate of registration for a definite period of time to do a specific job;

provided, no right to practice engineering accrues to an applicant as to any work not prescribed in

the temporary certificate.

     (ii) Recent arrivals in state. The practice of a person not a resident of and having no

established place of business in this state, or who has recently become a resident of the state,

practicing or offering to practice engineering in the state for more than thirty (30) days in any

calendar year, if he or she has filed with the board an application for a certificate of registration

and has paid the fee required by this chapter; provided, that the person is legally qualified by

registration to practice engineering in his or her own state or country. That practice shall continue

only for the time that the board requires for the consideration of the application for registration.

     (2) Employees and subordinates. The work of an employee or a subordinate of a person

holding a certificate of registration under this chapter, or an employee of a person practicing

lawfully under paragraph (1)(ii) of this section; provided, that work does not include final

engineering designs or decisions and is done under the direct supervision of or checked by a

person holding a certificate of registration under this chapter or a person practicing lawfully under

subdivision (1) of this section.

     (3) Partnership, limited-liability partnership, corporate and limited-liability company

practice. The practice or offer to practice of engineering as defined by this chapter by individual

registered professional engineers through a partnership, limited-liability partnership, corporation,

joint stock company, or limited-liability company, or by a partnership, limited-liability

partnership, corporation, limited-liability company, or joint stock company, through individual

registered professional engineers as agents, employees, officers, or partners or members or

managers, provided, that they are jointly and severally liable for their professional acts; and

provided, that all personnel of that partnership, limited-liability partnership, joint stock company,

corporation or limited-liability company who act in on its behalf as engineers in the state are

registered under this chapter or are persons practicing lawfully or are exempt under subdivision

subsection (1) or (2) or (3) of this section. Each partnership, limited-liability partnership, joint

stock company, corporation or limited-liability company providing engineering services is jointly

and severally liable with the individually registered professional engineers, and all final plans,

designs, drawings, specifications, and reports involving engineering judgment and discretion,

when issued, shall be dated and bear the seals and signatures of the engineers who prepared them.

     (4) Federal employees. The practice by officers and employees of the government of the

United States while engaged within this state in the practice of engineering for that government;

provided, that no right to practice engineering accrues to those persons as to any other

engineering work. The rights to registration after leaving government employment shall not be

granted except under the provisions established under � 5-8-11.

     (5) Railroad, telephone, telegraph, and other public utility companies. The practice of

engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public

utility companies, and their officers and employees while engaged in the work of those

companies in this state; provided, that the practice is carried on under the responsible charge of an

engineer or engineers in this state, or in any other state under requirements equivalent to those

prescribed in this chapter; provided that all plans for natural gas infrastructure, including, but not

limited to, repairs, maintenance, and construction, shall be built in accordance with design plans

and specifications approved by a Rhode Island registered professional engineer when the work

could pose a material risk to public safety; and provided, that no right to practice engineering

accrues to any unregistered person as to any other engineering work.

     (6) Manufacturing corporations. The practice of engineering, as prescribed in this

chapter, by manufacturing corporations, and their officers and employees while engaged in

manufacturing, and research and development activities for those corporations.

     (7) Research and development corporations. The practice of engineering, as prescribed in

this chapter, by research and development corporations, and their officers and employees while

engaged in research and development activities for that corporation.

     (8) Other professions. The practice of architecture, landscape architecture, or land

surveying.

 

 

  (5) Railroad, telephone, telegraph, and other public utility companies. The practice of

engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public

utility companies, and their officers and employees while engaged in the work of those

companies in this state; provided, that the practice is carried on under the responsible charge of an

engineer or engineers in this state, or in any other state under requirements equivalent to those

prescribed in this chapter; and provided, that no right to practice engineering accrues to any

unregistered person as to any other engineering work.


 

35)

Section

Amend Chapter Numbers:

 

5-10-1

108 and 127

 

 

5-10-1. Definitions.

     The following words and phrases, when used in this chapter, are construed as follows:

     (1) "Apprentice barber" means an employee whose principal occupation is service with a

barber who has held a current license as a barber for at least three (3) years with a view to

learning the art of barbering, as defined in subdivision (15) of this section.

     (2) "Barber" means any person who shaves or trims the beard; waves, dresses, singes,

shampoos, or dyes the hair; or applies hair tonics, cosmetic preparations, antiseptics, powders, oil

clays, or lotions to scalp, face, or neck of any person; or cuts the hair of any person; gives facial

and scalp massages; or treatments with oils, creams, lotions, or other preparations.

     (3) "Board" means the state board of barbering and hairdressing as provided for in this

chapter.

     (4) "Department" means the Rhode Island department of health.

     (5) "Division" means the division of professional regulation within the department of

health.

     (6) "Esthetician" means a person who engages in the practice of esthetics, and is licensed

as an esthetician.

     (7) "Esthetician shop" means a shop licensed under this chapter to do esthetics of any

person.

     (8) "Esthetics" means the practice of cleansing, stimulating, manipulating, and

beautifying skin, including, but not limited to, the treatment of such skin problems as

dehydration, temporary capillary dilation, excessive oiliness, and clogged pores.

     (9) "Hair design shop" means a shop licensed under this chapter to do barbering or

hairdressing/cosmetology, or both, to any person.

     (10) "Hairdresser and cosmetician" means any person who arranges, dresses, curls, cuts,

waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any person,

either with or without compensation, or who, by the use of the hands or appliances, or of cosmetic

preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or without

compensation, in massaging, cleansing, stimulating, manipulating, exercising, or beautifying, or

in doing similar work upon the neck, face, or arms, or who removes superfluous hair from the

body of any person.

     (11) "Instructor" means any person licensed as an instructor under the provisions of this

chapter.

     (12) "Manicuring shop" means a shop licensed under this chapter to do manicuring only

on the nails of any person.

     (13) "Manicurist" means any person who engages in manicuring for compensation and is

duly licensed as a manicurist.

     (14) "School" means a school approved under chapter 40 of title 16, as amended, devoted

to the instruction in, and study of, the theory and practice of barbering, hairdressing, and cosmetic

therapy, esthetics, and/or manicuring.

     (15) "The practice of barbering" means the engaging by any licensed barber in all, or any

combination of, the following practices: shaving or trimming the beard or cutting the hair; giving

facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by

hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving,

chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying cosmetic

preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck.

     (16) "The practice of hairdressing and cosmetic therapy" means the engaging by any

licensed hairdresser and cosmetician in any one or more of the following practices: the

application of the hands or of mechanical or electrical apparatus, with or without cosmetic

preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate,

manipulate, exercise, or otherwise to improve or to beautify the scalp, face, neck, shoulders,

arms, bust, or upper part of the body; or the manicuring of the nails of any person; or the

removing of superfluous hair from the body of any person; or the arranging, dressing, curling,

waving, weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair

of any person. Provided, however, that the practice of hairdressing and cosmetic therapy shall not

include natural hair braiding.

     (17) "The practice of manicuring" means the cutting, trimming, polishing, tinting,

coloring, or cleansing the nails of any person.


36)

Section

Add Chapter Numbers:

 

5-10-29

108 and 127

 

 

5-10-29. Persons exempt from chapter.

     (a) The provisions and penalties of this chapter do not apply to licensed physicians,

osteopaths, chiropractors, or registered nurses, or natural hair braiders, when acting within the

scope of their professions or occupations as defined by law.

     (b) Natural hair braiding. Natural hair braiding is a service of twisting, wrapping,

weaving, extending, locking, or braiding hair by hand or with mechanical devices.

     (1) Natural hair braiding includes:

     (i) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers,

decorative beads, and other hair accessories;

     (ii) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping,

weaving, extending, locking, or braiding hair;

     (iii) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and

shampoos in conjunction with hair braiding;

     (iv) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair

extensions; and

     (v) Mechanical devices mean clips, combs, crochet hooks, curlers, curling irons, hairpins,

rollers, scissors, blunt-tipped needles, thread, and hair binders.

     (2) Natural hair braiding is commonly known as "African-style hair braiding" but is not

limited to any particular cultural, ethnic, racial, or religious forms of hair styles.

     (3) Natural hair braiding does not include:

     (i) The application of dyes, reactive chemicals, or other preparations to alter the color of

the hair or to straighten, curl, or alter the structure of the hair; or

     (ii) The use of chemical hair joining agents, such as synthetic tape, keratin bonds, or

fusion bonds.

     (c) Any violation of this section shall result in a fine of fifty dollars ($50.00) for a first

violation, one hundred dollars ($100) for a second violation, and one hundred fifty dollars ($150)

for each subsequent violation.


37)

Section

Add Chapter Numbers:

 

5-19.1-34

93 and 128

 

 

5-19.1-34. Notice of warning regarding use of schedule II controlled substances to be

posted.

     (a) The director of the department of health shall compile a list of at least the ten (10)

most prescribed drugs containing opioids and/or other schedule II controlled substances as listed

in � 21-28-2.08 and forward it to the board of pharmacy which shall distribute that list to all

pharmacies in the state. The list shall also contain warnings relating to the overuse, misuse, and

mixing of those drugs with other drugs, specifically benzodiazepines, and/or alcohol, including,

but not limited to, dependence, addiction, or death.

     (b) Each pharmacy shall conspicuously display the list at or adjacent to the place in the

pharmacy where prescriptions are presented for compounding and dispensing.

     (c) The pharmacist shall also inform the patient that the pharmacist may dispense a partial

fill of the prescription if requested by the patient and the procedure for other partial fills until the

full prescription is dispensed within thirty (30) days of the date on which the prescription was

written.


 

38)

Section

Add Chapter Numbers:

 

5-19.1-35

276 and 278

 

 

5-19.1-35. Audits.

     (a) When an on-site audit of the records of a pharmacy is conducted by a carrier or their

its intermediary, the audit must be conducted in accordance with the following criteria:

     (1) A finding of overpayment or underpayment must be based on the actual overpayment

or underpayment, and not a projection based on the number of patients served having a similar

diagnosis, or on the number of similar orders or refills for similar drugs, unless the projected

overpayment or denial is a part of a settlement agreed to by the pharmacy or pharmacist;

     (2) The auditor may not use extrapolation in calculating recoupments or penalties unless

required by state or federal laws or regulations;

     (3) Any audit that involves clinical judgment must be conducted by, or in consultation

with, a pharmacist; and

     (4) Each entity conducting an audit shall establish an appeal process under which a

pharmacy may appeal an unfavorable preliminary audit report to the entity.

     (b) This section does not apply to any audit, review, or investigation that is initiated

based on or involving suspected or alleged fraud, willful misrepresentation, or abuse.

     (c) Prior to an audit, the entity conducting an audit shall give the pharmacy fourteen (14)

days advance written notice of the audit and the range of prescription numbers involved in the

audit. The carrier or their its intermediary may mask the last two digits of such the numbers.

Additionally, the number of prescriptions shall not exceed one hundred fifty (150) prescription

claims and their applicable refills. The time allotted must be adequate to collect all samples. The

examination of signature logs shall not exceed twenty-five (25) signature logs in number.

     (d) A pharmacy has the right to execute the dispute resolution contained in their contract.

     (e)(1) A preliminary audit report must be delivered to the pharmacy or its corporate office

within sixty (60) days after the conclusion of the audit. A pharmacy must be allowed at least

thirty (30) days following receipt of the preliminary audit to provide documentation to address

any discrepancy found in the audit. A final audit report must be delivered to the pharmacy or its

corporate office within ninety (90) days after receipt of the preliminary audit report or final

appeal, whichever is later. A charge-back recoupment or other penalty may not be assessed until

the appeal process provided by the pharmacy benefits manager has been exhausted and the final

report issued. If the identified discrepancy for a single audit exceeds twenty-five thousand dollars

($25,000), future payments in excess of that amount may be withheld pending the adjudication of

an appeal. Auditors shall only have access to previous audit reports on a particular pharmacy

conducted for the same entity.

     (2) Auditors may initiate a desk audit prior to an on-site audit unless otherwise specified

in the law.

     (3) Contracted auditors cannot be paid based on the findings within an audit.

     (4) Scanned images of all prescriptions including all scheduled controlled substances are

allowed to be used by the pharmacist for an audit. Verbally received prescriptions must be

accepted upon validation by the auditing entity and applicable for the initial desk or on-site audit.

     (5) The period covered by an audit may not exceed two (2) years.

     (6) Within five (5) business days of receiving the audit notification, pharmacies are

allowed, at a minimum, one opportunity to reschedule with the auditor if the scheduled audit

presents a scheduling conflict for the pharmacist.

     (f) Any clerical error, typographical error, scrivener's error, or computer error regarding a

document or record required under the Medicaid program does not constitute a willful violation

and is not subject to criminal penalties without proof of intent to commit fraud.

     (g) Limitations.

     (1) Exceptions. The provisions of this chapter do not apply to an investigative audit of

pharmacy records when:

     (i) Fraud, waste, abuse, or other intentional misconduct is indicated by physical review or

review of claims data or statements; or

     (ii) Other investigative methods indicate a pharmacy is or has been engaged in criminal

wrongdoing, fraud, or other intentional or willful misrepresentation.

     (2) Federal law. This chapter does not supersede any audit requirements established by

federal law.


 

39)

Section

Amend Chapter Numbers:

 

5-20.7-20

45 and 65

 

 

5-20.7-20. Revocation or suspension of certification or license.

     (a) The director of the department of business regulation may, upon his or her own

motion or by recommendation of the board, and shall, upon the verified complaint, in writing, of

any person setting forth a cause under this section, ascertain the facts and, if warranted, hold a

hearing for the suspension or revocation of a certification or license.

     (b) No action may be taken pursuant to this section against a person who is certified or

licensed in accordance with the provisions of this chapter unless the action is commenced within:

     (1) Five (5) years of the issuance of the certified appraisal report; or

     (2) Two (2) years of any judicial proceeding in which the appraiser provided testimony

related to the appraisal assignment, whichever period expires later.

     (c) The director has the power to refuse a certification or license for cause or to suspend

or revoke a certification or license where it has been obtained by false representation, or by

fraudulent act or conduct, or where the holder of a certificate in performing or attempting to

perform any of the acts mentioned in this chapter, is found guilty of:

     (1) Procuring or attempting to procure certification or licensing pursuant to this chapter

by knowingly making a false statement, knowingly submitting false information, refusing to

provide complete information in response to a question in an application for certification or

license, or through any form of fraud or misrepresentation;

     (2) Failing to meet the minimum qualifications established by this chapter;

     (3) Paying money other than provided for by this chapter to any member or employee of

the board or department to procure a certification under this chapter;

     (4) A conviction, including a conviction based upon a plea of guilty or nolo contendere,

of a crime, which is substantially related to the qualifications, functions, and duties of a person

developing appraisals and communicating appraisals to others or convicted conviction of any

felony;

     (5) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to

benefit the certificate holder or another person or with the intent to substantially injure another,

mislead or defraud another person;

     (6) Failure or refusal without good cause to exercise reasonable diligence in developing

an appraisal, preparing an appraisal report, or communicating an appraisal;

     (7) Accepting an appraisal assignment when the employment itself is contingent upon the

appraiser reporting a predetermined estimate, analysis, or opinion, or where the fee to be paid is

contingent upon the opinion, conclusion, or valuation reached, or upon the consequence resulting

from the appraisal assignment; or

     (8) Entry of a final civil judgment against the person on grounds of fraud,

misrepresentation, or deceit in the making of an appraisal.


 

 

 

40)

Section

Amend Chapter Numbers:

 

5-20.8-2

207 and 219

 

 

5-20.8-2. Disclosure requirements.

     (a) As soon as practicable, but in any event no later than prior to signing any agreement

to transfer real estate, the seller of the real estate shall deliver a written disclosure to the buyer

and to each agent with whom the seller knows he or she or the buyer has dealt in connection with

the real estate. The written disclosure shall comply with the requirements set forth in subsection

(b) of this section and shall state all deficient conditions of which the seller has actual knowledge.

The agent shall not communicate the offer of the buyer until the buyer has received a copy of the

written disclosure and signed a written receipt of the disclosure. If the buyer refuses to sign a

receipt pursuant to this section, the seller or agent shall immediately sign and date a written

account of the refusal. The agent is not liable for the accuracy or thoroughness of representations

made by the seller in the written disclosure or for deficient conditions not disclosed to the agent

by the seller.

     (b)(1) The Rhode Island real estate commission may approve a form of written disclosure

as required under this chapter or the seller may use a disclosure form substantially conforming to

the requirements of this section. The following provisions shall appear conspicuously at the top of

any written disclosure form: "Prior to the signing of an agreement to transfer real estate (vacant

land or real property and improvements consisting of a house or building containing one to four

(4) dwelling units), the seller is providing the buyer with this written disclosure of all deficient

conditions of which the seller has knowledge. This is not a warranty by the seller that no other

defective conditions exist, which there may or may not be. The buyer should estimate the cost of

repair or replacement of deficient conditions prior to submitting an offer on this real estate. The

buyer is advised not to rely solely upon the representation of the seller made in this disclosure,

but to conduct any inspections or investigations which the buyer deems to be necessary to protect

his or her best interest." Nothing contained in this section shall be construed to impose an

affirmative duty on the seller to conduct inspections as to the condition of this real estate.

     (2) The disclosure form shall include the following information:

     (i) Seller Occupancy -- (Length of Occupancy)

     (ii) Year Built

     (iii) Basement -- (Seepage, Leaks, Cracks, etc. Defects)

     (iv) Sump Pump -- (Operational, Location, and Defects)

     (v) Roof (Layers, Age, and Defects)

     (vi) Fireplaces -- (Number, Working and Maintenance, Defects)

     (vii) Chimney -- (Maintenance History, Defects)

     (viii) Woodburning Stove -- (Installation Date, Permit Received, Defects)

     (ix) Structural Conditions -- (Defects)

     (x) Insulation -- (Wall, Ceiling, Floor, UFFI)

     (xi) Termites or other Pests -- (Treatment Company)

     (xii) Radon -- (Test, Company) "Radon has been determined to exist in the State of

Rhode Island. Testing for the presence of radon in residential real estate prior to purchase is

advisable."

     (xiii) Electrical Service -- (Imp. & Repairs, Electrical Service, Amps, Defects,

Modifications)

     (xiv) Heating System -- (Type, Imp. & Repairs, Underground Tanks, Zones,

Supplemental Heating, Defects, Modifications)

     (xv) Air Conditioning -- (Imp. & Repairs, Type, Defects)

     (xvi) Plumbing -- (Imp. & Repairs, Defects, Modifications)

     (xvii) Sewage System -- (Assessment, Annual Fees, Type, Cesspool/Septic Location,

Last Pumped, Maintenance History, Defects)

     "Potential purchasers of real estate in the state of Rhode Island are hereby notified that

many properties in the state are still serviced by cesspools as defined in Rhode Island general law

chapter 23-19.15 chapter 19.15 of title 23 (The Rhode Island Cesspool Phase-Out Act cesspool

phase-out act of 2007). Cesspools are a substandard and inadequate means of sewage treatment

and disposal, and cesspools often contribute to groundwater and surface water contamination.

Requirements for abandonment and replacement of high-risk cesspools as established in Rhode

Island general law Chapter 23-19.15 chapter 19.15 of title 23 are primarily based upon a

cesspool's non-treatment of wastewater and the inherent risks to public health and the

environment due to a cesspool's distance from a tidal water area, or a public drinking water

resource. Purchasers should consult Rhode Island general law chapter 23-19.15 chapter 19.15 of

title 23 for specific cesspool abandonment or replacement requirements. An inspection of

property served by an on-site sewage system by a qualified professional is recommended prior to

purchase. Pursuant to Rhode Island general law � 5-20.8-13, potential purchasers shall be

permitted a ten-(10) day (10) period to conduct an inspection of a property's sewage system to

determine if a cesspool exists, and if so, whether it will be subject to the phase-out requirements

as established in Rhode Island general law chapter 23-19.15 chapter 19.15 of title 23.

     (xviii) Water System -- (Imp. & Repairs, Type, Defects) Private water supply (well).

"The buyer understands that this property is, or will be served, by a private water supply (well)

which may be susceptible to contamination and potentially harmful to health. If a public water

supply is not available, the private water supply must be tested in accordance with regulations

established by the Rhode Island department of health pursuant to � 23-1-5.3. The seller of that

property is required to provide the buyer with a copy of any previous private water supply (well)

testing results in the seller's possession and notify the buyer of any known problems with the

private water supply (well)."

     (xix) Domestic Hot Water -- (Imp. & Repairs, Type, Defects, Capacity of Tank)

     (xx) Property Tax

     (xxi) Easements and Encroachments -- The seller of that the real estate is required to

provide the buyer with a copy of any previous surveys of the real estate that are in the seller's

possession and notify the buyer of any known easements, encroachments, covenants, or

restrictions of the seller's real estate. If the seller knows that the real estate has a conservation

easement or other conservation or preservation restriction as defined in � 34-39-1 of the general

laws, the seller is required to disclose said that information and provide the buyer with a copy of

any documentation in the seller's possession regarding the conservation and preservation

restrictions. A buyer may wish to have a boundary or other survey independently performed at

his or her own expense.

     (xxii) Deed -- (Type, Number of Parcels)

     (xxiii) Zoning -- (Permitted use, Classification) "Buyers of real estate in the state of

Rhode Island are legally obligated to comply with all local real estate ordinances; including, but

not limited to, ordinances on the number of unrelated persons who may legally reside in a

dwelling, as well as ordinances on the number of dwelling units permitted under the local zoning

ordinances." If the subject property is located in a historic district, that fact must be disclosed to

the buyer, together with the notification that "property located in a historic district may be subject

to construction, expansion, or renovation limitations. Contact the local building inspection official

for details."

     (xxiv) Restrictions -- (Plat or Other)

     (xxv) Building Permits

     (xxvi) Minimum Housing -- (Violations)

     (xxvii) Flood Plain -- (Flood Insurance)

     (xxviii) Wetlands -- The location of coastal wetlands, bay, fresh water freshwater

wetlands, pond, marsh, river bank, or swamp, as those terms are defined in chapter 1 of title 2,

and the associated buffer areas may impact future property development. The seller must disclose

to the buyer any such determination on all or part of the land made by the department of

environmental management.

     (xxix) Multi-family or other Rental Property -- (Rental Income)

     (xxx) Pools & Equipment -- (Type, Defects)

     (xxxi) Lead Paint -- (Inspection) Every buyer of residential real estate built prior to 1978

is hereby notified that those properties may have lead exposures that may place young children at

risk of developing lead poisoning. Lead poisoning in young children may produce permanent

neurological damage, including learning disabilities, reduced IQ behavioral problems, and

impaired memory. The seller of that property is required to provide the buyer with a copy of any

lead inspection report in the seller's possession and notify the buyer of any known lead poisoning

problem. Environmental lead inspection is recommended prior to purchase.

     (xxxii) Fire

     (xxxiii) Hazardous Waste -- (Asbestos and Other Contaminants)

     (xxxiv) Miscellaneous

     (xxxv) Farms -- The disclosure shall inform the buyer that any farm(s) that may be in the

municipality are protected by the right to farm law.

     (xxxvi) Mold -- (Type, repairs, alterations, modifications).

     (xxxvii) Ventilation system modifications.

     (xxxviii) Moisture penetration and damage.

     (c) Any agreement to transfer real estate shall contain an acknowledgement that a

completed real estate disclosure form has been provided to the buyer by the seller in accordance

with the provisions of this section.

     (d) The Rhode Island real estate commission has the right to amend the seller disclosure

requirements by adding or deleting requirements when there is a determination that health, safety,

or legal needs require a change. Any change to requirements shall be a rule change, subject to the

Administrative Procedures Act administrative procedures act, chapter 35 of title 42. The power

of the commission to amend the written disclosure requirements shall be liberally construed so as

to allow additional information to be provided as to the structural components, housing systems,

and other property information as required by this chapter.


41)

Section

Amend Chapter Numbers:

 

5-32-1

94 and 129

 

 

5-32-1. Definitions.

     As used in this chapter:

     (1) "Electrologist" means a person who is licensed by the department of health to perform

electrolysis and/or laser hair removal.

     (2) For the purposes of this chapter, electrolysis is defined as "Electrolysis" means the

method of removing hair from the human body by the application of an electrical current or any

form of energy to the hair-papilla or hair germination by means of a needle or needles any other

instrument or device to cause decomposition, or coagulation, of the hair-papilla and thus

permanently remove the hair dehydration, or other form of tissue destruction, to permanently

disable the hair follicle from producing hair.

     (3) "Laser" means the acronym for light amplification by stimulated emission of

radiation.

     (4) "Laser hair removal" means using laser light to perform hair removal or reduction or

electrolysis performed with laser light.

      (5) "Laser light" means an intense, coherent, directional beam of light produced by

stimulated emission of photons.

      (6) "Medical director" means a Rhode Island licensed physician.


 

42)

Section

Amend Chapter Numbers:

 

5-32-2

94 and 129

 

 

5-32-2. Penalty for unlicensed practice.

     Every person who subsequently engages in the practice of electrolysis in this state

without being licensed by the board of examiners in electrolysis is practicing illegally and, upon

conviction, shall be fined not more than twenty-five dollars ($25.00) one hundred dollars ($100)

and every day of the continuation of illegal practice is a separate offense.


 

43)

Section

Amend Chapter Numbers:

 

5-32-3

94 and 129

 

 

5-32-3. Certificates -- Applications -- Penalty for violations.

     The division of professional regulation of the department of health shall issue certificates

to practice electrolysis and laser hair removal, as defined in this chapter, to any persons that who

comply with the provisions of this chapter. Any person who desires to engage in that practice

shall submit, in writing, in any form that is required by the board, an application for a certificate

to engage in that practice. The application shall be accompanied by a fee as set forth in � 23-1-54.

Any person, firm, corporation, or association violating any of the provisions of this chapter

commits a misdemeanor and, upon conviction, shall be punished by a fine not to exceed two

hundred dollars ($200), or imprisoned for a period not to exceed three (3) months, or both the fine

and imprisonment.


 

 

44)

Section

Amend Chapter Numbers:

 

5-32-4

94 and 129

 

 

5-32-4. Qualifications of applicants.

     Licenses to engage in the practice of electrolysis and laser hair removal shall be issued to

the applicants who comply with the following requirements:

     (1) Are citizens or legal residents of the United States.

     (2) Have attained the age of eighteen (18) years.

     (3) Have graduated from a high school or whose education is the equivalent of a high

school education.

     (4) Have satisfactorily completed a course of training and study in electrolysis, as a

registered apprentice under the supervision of a licensed Rhode Island electrologist who is

qualified to teach electrolysis to apprentices as prescribed in � 5-32-20, or has have graduated

from a school of electrolysis after having satisfactorily completed a program consisting of not less

than six hundred fifty (650) hours of study and practice in the theory and practical application of

electrolysis. That apprenticeship includes at least six hundred and fifty (650) hours of study and

practice in the theory and practical application of electrolysis within a term of nine (9) months;

provided, that the apprentice registers with the division of professional regulation of the

department of health upon beginning his or her course of instruction, and the licensed person with

whom they serve that apprenticeship keeps a record of the hours of that instruction, and, upon the

completion of that apprenticeship, certifies that fact to the board of examiners in electrolysis.

     (5) Is of good moral character.

     (6) Passes an examination approved by the department of health.


 

 

45)

Section

Add Chapter Numbers:

 

5-32-21

94 and 129

 

 

5-32-21. Practice of laser hair removal.

     (a) A person licensed as an electrologist before July 1, 2019, who has practiced laser hair

removal under the supervision of a medical director for not less than two (2) years and has

conducted at least one thousand (1,000) laser hair removal treatments, whichever is later, with no

disciplinary complaints that were found to be actionable by the department resulting in the

suspension of a license, shall be permitted to practice electrology and laser hair removal without

medical director oversight. The department may reinstate the requirement to perform laser hair

removal under the supervision of a medical director for a period of two (2) years as part of a

disciplinary settlement; provided, however, that the department shall not require the medical

director to be located on-site, but shall be available for consultation.

     (b) A person licensed as an electrologist after July l, 2019, shall practice laser hair

removal only under the supervision of a medical director, who shall not be required to be located

on-site, but who shall be available for consultation. A licensed electrologist, upon completion of

two (2) years of practice under the supervision of a medical director, may submit an application

to the department certifying the following:

     (1) Completion of two (2) years of laser hair removal treatment of patients under the

oversight of a medical director;

     (2) Completion of one thousand (1,000) patient laser hair removal treatments; and

     (3) American Electrology Association Board certification.

     An electrologist meeting the foregoing criteria shall be exempt from the requirement to

practice laser hair removal under the supervision of a medical director. The department may

reinstate the requirement to perform laser hair removal under the supervision of a medical

director for a period of two (2) years as part of a disciplinary settlement; provided, however, that

the medical director shall not be required to be located on-site, but shall be available for

consultation.

     (c) All equipment used for laser hair removal shall comply with all applicable rules and

regulations of the United States Food and Drug Administration.

     (d) An electrologist shall maintain a complete record of receipt, transfer, and disposal for

each device used for electrolysis and laser hair removal, which shall be in writing or capable of

reproduction in written form, and shall, at a minimum, contain the following data:

     (1) Manufacturer's name;

     (2) Model and serial number of the device;

     (3) Date of the receipt, transfer, or disposal;

     (4) Name and address of the person the device was received from, transferred to, or to

whom the device was transferred for disposal; and

     (5) Name of the person recording the information.

 


 

 

 

 

46)

Section

Amend Chapter Numbers:

 

5-34.2-3

178 and 212

 

 

5-34.2-3. Requirements for licensure of the nurse anesthetist.

     Requirements for licensure as a nurse anesthetist shall consist of the following:

     (1) Current licensure as a professional registered nurse in the state; and

     (2) Graduation from an educational program accredited by the council on accreditation of

nurse anesthesia educational programs or its predecessors or successors, and which has as its

objective preparation of nurses to practice nurse anesthesia; and

     (3) Initial certification by the American Association of Nurse Anesthetists council on

certification of nurse anesthetists and recertification, as applicable by the American Association

of Nurse Anesthetists council on recertification of nurse anesthetists or their predecessors or

successors.

     (4) [Deleted by P.L. 2013, ch. 83, � 4 and P.L. 2013, ch. 93, � 4].

     (5) The requirements stated in subdivisions (2) and (3) of this section do not apply to a

professional registered nurse who practices nursing in accordance with the provisions of the

Nurse Practice Act, chapter 34 of this title, and who is enrolled as a bona fide student in an

accredited nurse anesthesia program providing nurse anesthesia under the supervision of a

certified registered nurse anesthetist and or anesthesiologist.

     (6) Beginning July 21, 1992, all nurse anesthetists shall be afforded the same period of

time to become licensed. Notwithstanding the provisions of this section, no person practicing as a

nurse anesthetist in Rhode Island on July 1, 1991, shall be required to obtain proper certification

under this chapter. However, as required by subdivision (3) of this section, persons who become

certified under this section shall become recertified as applicable.

 


 

 

 

 

47)

Section

Amend Chapter Numbers:

 

5-37.3-4

38 and 55

 

 

5-37.3-4. Limitations on and permitted disclosures.

     (a)(1) Except as provided in subsection (b) of this section, or as specifically provided by

the law, a patient's confidential health care information shall not be released or transferred

without the written consent of the patient, or his or her authorized representative, on a consent

form meeting the requirements of subsection (d) of this section. A copy of any notice used

pursuant to subsection (d) of this section, and of any signed consent shall, upon request, be

provided to the patient prior to his or her signing a consent form. Any and all managed care

entities and managed care contractors writing policies in the state shall be prohibited from

providing any information related to enrollees that is personal in nature and could reasonably lead

to identification of an individual and is not essential for the compilation of statistical data related

to enrollees, to any international, national, regional, or local medical information database. This

provision shall not restrict or prohibit the transfer of information to the department of health to

carry out its statutory duties and responsibilities.

     (2) Any person who violates the provisions of this section may be liable for actual and

punitive damages.

     (3) The court may award a reasonable attorney's fee at its discretion to the prevailing

party in any civil action under this section.

     (4) Any person who knowingly and intentionally violates the provisions of this section

shall, upon conviction, be fined not more than five thousand ($5,000) dollars for each violation,

or imprisoned not more than six (6) months for each violation, or both.

     (5) Any contract or agreement that purports to waive the provisions of this section shall

be declared null and void as against public policy.

     (b) No consent for release or transfer of confidential health care information shall be

required in the following situations:

     (1) To a physician, dentist, or other medical personnel who believes, in good faith, that

the information is necessary for diagnosis or treatment of that individual in a medical or dental

emergency;

     (2) To medical and dental peer-review boards, or the board of medical licensure and

discipline, or board of examiners in dentistry;

     (3) To qualified personnel for the purpose of conducting scientific research, management

audits, financial audits, program evaluations, actuarial, insurance underwriting, or similar studies;

provided, that personnel shall not identify, directly or indirectly, any individual patient in any

report of that research, audit, or evaluation, or otherwise disclose patient identities in any manner;

     (4)(i) By a health care provider to appropriate law enforcement personnel, or to a person

if the health care provider believes that person, or his or her family, is in danger from a patient; or

to appropriate law enforcement personnel if the patient has, or is attempting to obtain, narcotic

drugs from the health care provider illegally; or to appropriate law enforcement personnel, or

appropriate child protective agencies, if the patient is a minor child or the parent or guardian of

said child and/or the health care provider believes, after providing health care services to the

patient, that the child is, or has been, physically, psychologically, or sexually abused and

neglected as reportable pursuant to � 40-11-3; or to appropriate law enforcement personnel or the

division of elderly affairs if the patient is an elder person and the healthcare provider believes,

after providing healthcare services to the patient, that the elder person is, or has been, abused,

neglected, or exploited as reportable pursuant to � 42-66-8; or to law enforcement personnel in

the case of a gunshot wound reportable under � 11-47-48, or to patient emergency contacts and

certified peer recovery specialists notified in the case of an opioid overdose reportable under �

23-17.26-3;

     (ii) A health care provider may disclose protected health information in response to a law

enforcement official's request for such information for the purpose of identifying or locating a

suspect, fugitive, material witness, or missing person, provided that the health care provider may

disclose only the following information:

     (A) Name and address;

     (B) Date and place of birth;

     (C) Social security number;

     (D) ABO blood type and rh RH factor;

     (E) Type of injury;

     (F) Date and time of treatment;

     (G) Date and time of death, if applicable; and

     (H) A description of distinguishing physical characteristics, including height, weight,

gender, race, hair and eye color, presence or absence of facial hair (beard or moustache), scars,

and tattoos.

     (I) Except as permitted by this subsection, the health care provider may not disclose for

the purposes of identification or location under this subsection any protected health information

related to the patient's DNA or DNA analysis, dental records, or typing, samples, or analysis of

body fluids or tissue.;

     (iii) A health care provider may disclose protected health information in response to a law

enforcement official's request for such information about a patient who is, or is suspected to be, a

victim of a crime, other than disclosures that are subject to subsection (b)(4)(vii) of this section,

if:

     (A) The patient agrees to the disclosure; or

     (B) The health care provider is unable to obtain the patient's agreement because of

incapacity or other emergency circumstances provided that:

     (1) The law enforcement official represents that such information is needed to determine

whether a violation of law by a person other than the victim has occurred, and such information is

not intended to be used against the victim;

     (2) The law enforcement official represents that immediate law enforcement activity that

depends upon the disclosure would be materially and adversely affected by waiting until the

patient is able to agree to the disclosure; and

     (3) The disclosure is in the best interests of the patient as determined by the health care

provider in the exercise of professional judgment.;

     (iv) A health care provider may disclose protected health information about a patient who

has died to a law enforcement official for the purpose of alerting law enforcement of the death of

the patient if the health care provider has a suspicion that such death may have resulted from

criminal conduct.;

     (v) A health care provider may disclose to a law enforcement official protected health

information that the health care provider believes in good faith constitutes evidence of criminal

conduct that occurred on the premises of the health care provider.;

     (vi)(A) A health care provider providing emergency health care in response to a medical

emergency, other than such emergency on the premises of the covered health care provider, may

disclose protected health information to a law enforcement official if such disclosure appears

necessary to alert law enforcement to:

     (1) The commission and nature of a crime;

     (2) The location of such crime or of the victim(s) of such crime; and

     (3) The identity, description, and location of the perpetrator of such crime.

     (B) If a health care provider believes that the medical emergency described in subsection

(b)(4)(vi)(A) of this section is the result of abuse, neglect, or domestic violence of the individual

in need of emergency health care, subsection (b)(4)(vi)(A) of this section does not apply and any

disclosure to a law enforcement official for law enforcement purposes is subject to subsection

(b)(4)(vii) of this section.;

     (vii)(A) Except for reports permitted by subsection (b)(4)(i) of this section, a health care

provider may disclose protected health information about a patient the health care provider

reasonably believes to be a victim of abuse, neglect, or domestic violence to law enforcement or a

government authority, including a social service or protective services agency, authorized by law

to receive reports of such abuse, neglect, or domestic violence:

     (1) To the extent the disclosure is required by law and the disclosure complies with, and

is limited to, the relevant requirements of such law;

     (2) If the patient agrees to the disclosure; or

     (3) To the extent the disclosure is expressly authorized by statute or regulation and:

     (i) The health care provider, in the exercise of professional judgment, believes the

disclosure is necessary to prevent serious harm to the patient or other potential victims; or

     (ii) If the patient is unable to agree because of incapacity, a law enforcement or other

public official authorized to receive the report represents that the protected health information for

which disclosure is sought is not intended to be used against the patient and that an immediate

enforcement activity that depends upon the disclosure would be materially and adversely affected

by waiting until the patient is able to agree to the disclosure.

     (B) A health care provider that makes a disclosure permitted by subsection (b)(4)(vii)(A)

of this section must promptly inform the patient that such a report has been, or will be, made,

except if:

     (1) The health care facility, in the exercise of professional judgment, believes informing

the patient would place the individual at risk of serious harm; or

     (2) The health care provider would be informing a personal representative, and the health

care provider reasonably believes the personal representative is responsible for the abuse, neglect,

or other injury, and that informing such person would not be in the best interests of the individual

as determined by the covered entity in the exercise of professional judgment.;

     (viii) The disclosures authorized by this subsection shall be limited to the minimum

amount of information necessary to accomplish the intended purpose of the release of

information.;

     (5) Between, or among, qualified personnel and health care providers within the health

care system for purposes of coordination of health care services given to the patient and for

purposes of education and training within the same health care facility; or

     (6) To third-party health insurers, including to utilization review agents as provided by �

23-17.12-9(c)(4), third-party administrators licensed pursuant to chapter 20.7 of title 27, and other

entities that provide operational support to adjudicate health insurance claims or administer health

benefits;

     (7) To a malpractice insurance carrier or lawyer if the health care provider has reason to

anticipate a medical liability action; or

     (8)(i) To the health care provider's own lawyer or medical liability insurance carrier if the

patient whose information is at issue brings a medical liability action against a health care

provider.

     (ii) Disclosure by a health care provider of a patient's health care information that is

relevant to a civil action brought by the patient against any person or persons other than that

health care provider may occur only under the discovery methods provided by the applicable

rules of civil procedure (federal or state). This disclosure shall not be through ex parte contacts

and not through informal ex parte contacts with the provider by persons other than the patient or

his or her legal representative.

     Nothing in this section shall limit the right of a patient, or his or her attorney, to consult

with that patient's own physician and to obtain that patient's own health care information;

     (9) To public health authorities in order to carry out their functions as described in this

title and titles 21 and 23 and rules promulgated under those titles. These functions include, but are

not restricted to, investigations into the causes of disease, the control of public health hazards,

enforcement of sanitary laws, investigation of reportable diseases, certification and licensure of

health professionals and facilities, review of health care such as that required by the federal

government and other governmental agencies;

     (10) To the state medical examiner in the event of a fatality that comes under his or her

jurisdiction;

     (11) In relation to information that is directly related to a current claim for workers'

compensation benefits or to any proceeding before the workers' compensation commission or

before any court proceeding relating to workers' compensation;

     (12) To the attorneys for a health care provider whenever that provider considers that

release of information to be necessary in order to receive adequate legal representation;

     (13) By a health care provider to appropriate school authorities of disease, health

screening, and/or immunization information required by the school; or when a school-age child

transfers from one school or school district to another school or school district;

     (14) To a law enforcement authority to protect the legal interest of an insurance

institution, agent, or insurance-support organization in preventing and prosecuting the

perpetration of fraud upon them;

     (15) To a grand jury, or to a court of competent jurisdiction, pursuant to a subpoena or

subpoena duces tecum when that information is required for the investigation or prosecution of

criminal wrongdoing by a health care provider relating to his, her or its provisions of health care

services and that information is unavailable from any other source; provided, that any information

so obtained, is not admissible in any criminal proceeding against the patient to whom that

information pertains;

     (16) To the state board of elections pursuant to a subpoena or subpoena duces tecum

when that information is required to determine the eligibility of a person to vote by mail ballot

and/or the legitimacy of a certification by a physician attesting to a voter's illness or disability;

     (17) To certify, pursuant to chapter 20 of title 17, the nature and permanency of a

person's illness or disability, the date when that person was last examined and that it would be an

undue hardship for the person to vote at the polls so that the person may obtain a mail ballot;

     (18) To the central cancer registry;

     (19) To the Medicaid fraud control unit of the attorney general's office for the

investigation or prosecution of criminal or civil wrongdoing by a health care provider relating to

his, her or its provision of health care services to then-Medicaid-eligible recipients or patients,

residents, or former patients or residents of long-term residential care facilities; provided, that any

information obtained shall not be admissible in any criminal proceeding against the patient to

whom that information pertains;

     (20) To the state department of children, youth and families pertaining to the disclosure

of health care records of children in the custody of the department;

     (21) To the foster parent, or parents, pertaining to the disclosure of health care records of

children in the custody of the foster parent, or parents; provided, that the foster parent or parents

receive appropriate training and have ongoing availability of supervisory assistance in the use of

sensitive information that may be the source of distress to these children;

     (22) A hospital may release the fact of a patient's admission and a general description of a

patient's condition to persons representing themselves as relatives or friends of the patient or as a

representative of the news media. The access to confidential health care information to persons in

accredited educational programs under appropriate provider supervision shall not be deemed

subject to release or transfer of that information under subsection (a) of this section; or

     (23) To the workers' compensation fraud prevention unit for purposes of investigation

under �� 42-16.1-12 -- 42-16.1-16. The release or transfer of confidential health care information

under any of the above exceptions is not the basis for any legal liability, civil or criminal, nor

considered a violation of this chapter; or

     (24) To a probate court of competent jurisdiction, petitioner, respondent, and/or their

attorneys, when the information is contained within a decision-making assessment tool that

conforms to the provisions of � 33-15-47.

     (c) Third parties receiving, and retaining, a patient's confidential health care information

must establish at least the following security procedures:

     (1) Limit authorized access to personally identifiable, confidential health care

information to persons having a "need to know" that information; additional employees or agents

may have access to that information that does not contain information from which an individual

can be identified;

     (2) Identify an individual, or individuals, who have responsibility for maintaining

security procedures for confidential health care information;

     (3) Provide a written statement to each employee or agent as to the necessity of

maintaining the security and confidentiality of confidential health care information, and of the

penalties provided for in this chapter for the unauthorized release, use, or disclosure of this

information. The receipt of that statement shall be acknowledged by the employee or agent, who

signs and returns the statement to his or her employer or principal, who retains the signed

original. The employee or agent shall be furnished with a copy of the signed statement; and

     (4) Take no disciplinary or punitive action against any employee or agent solely for

bringing evidence of violation of this chapter to the attention of any person.

     (d) Consent forms for the release or transfer of confidential health care information shall

contain, or in the course of an application or claim for insurance be accompanied by a notice

containing, the following information in a clear and conspicuous manner:

     (1) A statement of the need for and proposed uses of that information;

     (2) A statement that all information is to be released or clearly indicating the extent of the

information to be released; and

     (3) A statement that the consent for release or transfer of information may be withdrawn

at any future time and is subject to revocation, except where an authorization is executed in

connection with an application for a life or health insurance policy in which case the

authorization expires two (2) years from the issue date of the insurance policy, and when signed

in connection with a claim for benefits under any insurance policy, the authorization shall be

valid during the pendency of that claim. Any revocation shall be transmitted in writing.

     (e) Except as specifically provided by law, an individual's confidential health care

information shall not be given, sold, transferred, or in any way relayed to any other person not

specified in the consent form or notice meeting the requirements of subsection (d) of this section

without first obtaining the individual's additional written consent on a form stating the need for

the proposed new use of this information or the need for its transfer to another person.

     (f) Nothing contained in this chapter shall be construed to limit the permitted disclosure

of confidential health care information and communications described in subsection (b) of this

section.


 

 

 

48)

Section

Amend Chapter Numbers:

 

5-54-1

197 and 230

 

 

5-54-1. Declaration of policy.

     (a) The general assembly intends to establish by this chapter a framework for the

development of a new category of health personnel to be known as the physician assistant.

     (b) The purpose of this chapter is to encourage the more effective utilization of the skills

of physicians by enabling them to delegate health care tasks including the writing of prescriptions

and medical orders to qualified physician assistants where that delegation is consistent with the

patient's health and welfare provide for an adequate supply of qualified medical providers to meet

the needs of the citizens of Rhode Island and protect the public safety by establishing criteria for

licensure and regulation of physician assistants.

     (c) Nothing in this chapter shall be construed to repeal or supersede existing laws relating

to other paramedical professions or services.


 

 

 

49)

Section

Amend Chapter Numbers:

 

5-54-2

197 and 230

 

 

5-54-2. Definitions.

     As used in this chapter, the following words have the following meanings:

     (1) "Administrator" means the administrator, division of professional regulation.

     (2) "Approved program" means a program for the education and training of physician

assistants formally approved by the American Medical Association's (A.M.A.'s) Committee on

Allied Health, Education and Accreditation, its successor, the Commission on Accreditation of

Allied Health Education Programs (CAAHEP) or its successor.

     (3) "Approved program for continuing medical education" means a program for

continuing education approved by the American Academy of Physician Assistants (AAPA) or the

Accreditation Council for Continuing Medical Education of the American Medical Association

(AMA), or the American Academy of Family Physicians (AAPFP) or the American Osteopathic

Association Committee on Continuing Medical Education (AOACCME) or any other board-

approved program.

     (4) "Board" means the board of licensure of physician assistants.

     (5) "Collaboration" means the physician assistant shall, as indicated by the patient�s

condition, the education, competencies, and experience of the physician assistant, and the

standards of care, consult with or refer to an appropriate physician or other health care

healthcare professional. The degree of collaboration shall be determined by the practice and

includes decisions made by a physician employer, physician group practice, and the credentialing

and privileging systems of a licensed hospital, health center, or ambulatory care center. A

physician must be accessible at all times for consultation by the physician assistant.

     (5)(6) "Director" means the director of the department of health.

     (6)(7) "Division" means the division of professional regulation, department of health.

     (7)(8) [Deleted by P.L. 2013, ch. 320, � 1 and P.L. 2013, ch. 420, � 1].

     (8)(9) "Physician" means a person licensed under the provisions of chapter 29 or 37 of

this title.

     (9)(10) "Physician assistant" or "PA" means a person who is qualified by academic and

practical training to provide those certain patient medical and surgical services under the

supervision, control, responsibility and direction of a licensed physician in collaboration with

physicians.

     (10) "Supervision" means overseeing the activities of, and accepting the responsibility for

the medical services rendered by the physician assistants. Supervision is continuous, and under

the direct control of a licensed physician expert in the field of medicine in which the physician

assistants practice. The constant physical presence of the supervising physician or physician

designee is not required. It is the responsibility of the supervising physician and physician

assistant to assure an appropriate level of supervision depending on the services being rendered.

Each physician or group of physicians, or other health care delivery organization excluding

licensed hospital or licensed health care facilities controlled or operated by a licensed hospital

employing physician assistants must have on file at the primary practice site a copy of a policy in

the form of an agreement between the supervising physicians and physician assistants delineating:

     (i) The level of supervision provided by the supervising physician or designee with

particular reference to differing levels of supervision depending on the type of patient services

provided and requirements for communication between the supervising physician or designee and

the physician assistant.

     (ii) A job description for the physician assistant listing patient care responsibilities and

procedures to be performed by the physician assistant.

     (iii) A program for quality assurance for physician assistant services including

requirements for periodic review of the physician assistant services.

     (iv) Requirements for supervision of physician assistants employed or extended medical

staff privileges by licensed hospitals or other licensed health care facilities or employed by other

health care delivery agencies shall be delineated by the medical staff by laws and/or applicable

governing authority of the facility.

     (v) The supervising physician or physician designee must be available for easy

communication and referral at all times.

     (11) "Unprofessional conduct" includes, but is not limited to, the following items or any

combination and may be defined by regulations established by the board with prior approval of

the director:

     (i) Fraudulent or deceptive procuring or use of a license;

     (ii) Representation of himself or herself as a physician;

     (iii) Conviction of a crime involving moral turpitude; conviction of a felony; conviction

of a crime arising out of the practice of medicine. All advertising of medical business, which is

intended or has a tendency to deceive the public;

     (iv) Abandonment of a patient;

     (v) Dependence upon a controlled substance, habitual drunkenness, or rendering

professional services to a patient while intoxicated or incapacitated by the use of drugs;

     (vi) Promotion of the sale of drugs, devices appliances, or goods or services provided for

a patient in a manner that exploits the patient for the financial gain of the physician assistant;

     (vii) Immoral conduct of a physician assistant in the practice of medicine;

     (viii) Willfully making and filing false reports or records;

     (ix) Willful omission to file or record or willfully impeding or obstructing a filing or

recording, or inducing another person to omit to file or record medical or other reports as required

by law;

     (x) Agreeing with clinical or bioanalytical laboratories to accept payments from these

laboratories for individual tests or test series for patients;

     (xi) Practicing with an unlicensed physician or physician assistant or aiding or abetting

these unlicensed persons in the practice of medicine;

     (xii) Offering, undertaking or agreeing to cure or treat a disease by a secret method,

procedure, treatment or medicine;

     (xiii) Professional or mental incompetence;

     (xiv) Surrender, revocation, suspension, limitation of privilege based on quality of care

provided, or any other disciplinary action against a license or authorization to practice in another

state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating

to membership on any medical staff or in any medical professional association, or society while

under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to

acts or conduct which would constitute grounds for action as stated in this chapter;

     (xv) Any adverse judgment, settlement, or award arising from a medical liability claim

related to acts or conduct, which would constitute grounds for action as stated in this chapter;

     (xvi) Failure to furnish the board, the administrator, investigator or representatives,

information legally requested by the board;

     (xvii) Violation of any provisions of this chapter or the rules and regulations promulgated

by the director or an action, stipulation, or agreement of the board;

     (xviii) Cheating or attempting to subvert the certifying examination;

     (xix) Violating any state or federal law or regulation relating to controlled substances;

     (xx) Medical malpractice;

     (xxi) Sexual contact between a physician assistant and patient during the existence of the

physician assistant/patient relationship;

     (xxii) Providing services to a person who is making a claim as a result of a personal

injury, who charges or collects from the person any amount in excess of the reimbursement to the

physician assistant by the insurer as a condition of providing or continuing to provide services or

treatment.


 

 

 

50)

Section

Amend Chapter Numbers:

 

5-54-3

197 and 230

 

 

5-54-3. Exemptions.

     The provisions of this chapter do not apply to services performed in any of the following

areas:

     (1) The practice of dentistry or dental hygiene as defined in chapter 31.1 of this title.

     (2) The practice of chiropractic medicine.

     (3) The practice of optometry as defined in chapter 35 of this title.

     (4) A physician assistant student enrolled in a physician assistant or surgeon assistant

educational program while performing duties in conjunction with a formal training program

clinical rotation under the auspices of a recognized degree granting institution.

     (5) Technicians, or other assistants or employees of physicians who perform delegated

tasks in the office of a physician but who are not rendering services as physician assistant or

identifying themselves as a physician assistant.


 

 

 

51)

Section

Amend Chapter Numbers:

 

5-54-5

197 and 230

 

 

5-54-5. Board of licensure.

     (a) The director of the department of health, with the approval of the governor, shall

appoint a board consisting of seven (7) persons, residents of the state, to constitute a board of

licensure for physician assistants with the duties, powers, and authority as stated in this chapter,

and that board shall be composed of the following:

     (1) Two (2) members shall be licensed physicians under the provisions of chapter 37 of

this title who have been actively engaged in the practice of medicine;

     (2) One member is a chief executive officer of a health care facility located and licensed

in the state or his or her designee who is not licensed in any health care profession;

     (3) Two (2) members who are representatives of the general public not employed in any

health-related field; and

     (4) Two (2) Three (3) members shall be physician assistants.

     (b) Members shall be appointed for terms of three (3) years each with no member serving

more than two (2) consecutive terms.

     (c) In his or her initial appointment, the director shall designate the members of the board

of licensure for physician assistants as follows: two (2) members to serve for terms of three (3)

years; two (2) members to serve for a term of two (2) years; and three (3) members to serve for a

term of one year. Any additional appointments shall serve for one year.

     (d) The director of the department of health may remove any member of the board for

cause.

     (e) Vacancies shall be filled for the unexpired portion of any term in the same manner as

the original appointment.


   

 

 

 

 

 

52)

Section

Amend Chapter Numbers:

 

5-54-6

197 and 230

 

 

5-54-6. Board of licensure -- Organization and meetings -- Compensation of

members.

     The board shall elect its own chairperson annually and shall meet at the call of the

administrator, the chairperson or upon the request of two (2) or more members of the board. A

quorum shall consist of at least three (3) four (4) members present. The board shall approve

programs for continuing medical education. Board members shall serve without compensation.

 

 


 

 

 

53)

Section

Amend Chapter Numbers:

 

5-54-7

197 and 230

 

 

5-54-7. Board of licensure -- Powers and duties.

     (a) The board shall administer, coordinate, and enforce the provisions of this chapter,;

evaluate the qualifications of applicants,; supervise any examination of applicants deemed

necessary,; recommend to the director the commencement of disciplinary hearings in accordance

with chapter 35 of title 42 and the provisions of this chapter,; and investigate persons engaging in

practices which that violate the provisions of this chapter. This authority shall specifically

encompass practicing physician assistants, supervisory collaborating physicians, and those health

care healthcare agencies employing physician assistants. The board shall investigate all persons

and agencies engaging in practices which that violate the provisions in this chapter.

     (b) The board shall conduct hearings of a non-disciplinary nature and shall keep the

records and minutes that are necessary to an orderly dispatch of business.

     (c) The board, with the approval of the director of the department of health, shall adopt

rules and regulations necessary to carry into effect the provisions of this chapter and may amend

or repeal them.

     (d) Regular meetings of the board shall be held at any time and places place that the

board prescribes and special meetings shall be held upon the call of the chairperson;, provided,

that at least one regular meeting is held each year.

     (e) The conferral or enumeration of specific powers in this chapter shall not be construed

as a limitation of the general powers conferred by this section.

     (f) The board shall recommend to the director for registration those persons meeting the

criteria stated by this chapter.

     (g) The board shall recommend to the director the revocation or suspension of the

registration license of any physician assistant who does not conform to the requirements of this

chapter or regulations adopted under this chapter.

     (h) In accordance with its authority under subsection (a), of this section the board shall

make recommendations to the director for discipline of supervising physicians and employing

health care healthcare agencies found wanting in their use of physician assistants.

     (i) The board shall approve programs for continuing medical education.

 


 

 

 

 

54)

Section

Amend Chapter Numbers:

 

5-54-8

197 and 230

 

 

 5-54-8. Permitted health care practices by physician assistants.

     (a) Physician assistants shall practice in collaboration with physician physicians

supervision and shall be considered the agents of their supervising physicians in the performance

of all practice-related activitiesA physician assistant may provide any medical or surgical

services that are within the physician assistant's skills, education, and training. Whenever any

provision of general or public law, or regulation, requires a signature, certification, stamp,

verification, affidavit, or endorsement by a physician, it shall be deemed to include a signature,

certification, stamp, verification, affidavit, or endorsement by a physician assistant; provided,

however, that nothing in this section shall be construed to expand the scope of practice of

physician assistants. Physician assistants may perform those duties and responsibilities consistent

with the limitations of this section, including prescribing, administering, procuring, and

dispensing of drugs and medical devices, which are delegated by their supervising physician(s).

Physician assistants may request, receive, sign for, and distribute professional samples of drugs

and medical devices to patients only within the limitations of this section. Notwithstanding any

other provisions of law, a physician assistant may perform health care provide medical and

surgical services when those services are rendered under the supervision of in collaboration with

a licensed physician.

     (b) Physician assistants, depending upon their level of professional training and

experience, as determined by a supervising physician, may perform health care services

consistent with their expertise and that of the supervising physician, who is a licensed physician

in solo practice, in group practice, or in health care facilities.

     (c) Physician assistants may write prescriptions and medical orders to the extent provided

in this paragraph. When employed by or extended medical staff privileges by a licensed hospital

or other licensed health care healthcare facility in accordance with subsection (e) of this section,

a physician assistant may write medical orders for inpatients as delineated by the medical staff

bylaws of the facility as well as its credentialing process and applicable governing authority.

Physician assistants employed directly by physicians, health maintenance organizations or other

health care delivery organizations may prescribe legend medications including schedule II, III, IV

and V medications under chapter 28 of title 21 of the Rhode Island Uniform Controlled

Substances Act uniform controlled substances act, medical therapies, medical devices, and

medical diagnostics according to guidelines established by the employing physician, health

maintenance organization or other health care delivery organization.

     (d) When supervised by a collaborating with a physician licensed under chapter 29 of this

title, the service rendered by the physician assistant shall be limited to the foot. The "foot" is

defined as the pedal extremity of the human body and its articulations, and includes the tendons

and muscles of the lower leg only as they are involved in conditions of the foot.

     (e) Hospitals and other licensed health care healthcare facilities have discretion to grant

privileges to a physician assistant and to define the scope of privileges or services which that a

physician assistant may deliver in a facility. In no event shall those privileges, if granted, exceed

the privileges granted to the supervising physician.

     (f) A physician assistant shall not undertake or represent that he or she is qualified to

provide a medical or surgical care service that he or she knows or reasonably should know to be

outside his or her competence or is prohibited by law.

     (g) Notwithstanding any other provision of law or regulation, a physician assistant shall

be considered to be a primary care provider when the physician assistant is practicing in the

medical specialties required for a physician to be a primary care provider.

 

 


 

 

55)

Section

Amend Chapter Numbers:

 

5-54-9

197 and 230

 

 

5-54-9. Criteria for licensure as a physician assistant.

     The board shall recommend to the director for licensure as a physician assistant an

applicant who:

     (1) Is of good character and reputation;

     (2) Graduated from a physician assistant training program certified by the AMA's

Committee on Allied Health, Education, and Accreditation, its successor, the Commission on

Accreditation of Allied Health Education Programs (CAAHEP), its successor or the Accreditation

Review Commission on Education for the Physician Assistant (ARC-PA), or its successor.

     (3) Passed a certifying examination approved by the National Commission on

Certification of Physician Assistants physician assistant national certification examination or any

other national certifying exam approved by the board.

     (4) Submitted a completed application together with the required fee as set forth in � 23-

1-54.


 

 

 

56)

Section

Repeal Chapter Numbers:

 

5-54-12.1

197 and 230

 

 

5-54-12.1 [Repealed.]


 

 

 

57)

Section

Amend Chapter Numbers:

 

5-54-16

197 and 230

 

 

5-54-16. Penalty for misrepresentation.

     No person who is not licensed as a physician assistant may use the title of "Physician

Assistant" or "PA" or hold himself or herself out as a physician assistant. Any person who

violates the provisions of this section shall be punished by a fine of not less than two hundred

dollars ($200) nor more than five hundred dollars ($500), nor more than one year imprisonment,

or by both the fine and imprisonment.


 

 

 

58)

Section

Amend Chapter Numbers:

 

5-54-22

197 and 230

 

 

5-54-22. Continuing medical education.

     Every physician assistant licensed to practice within the state shall be required to have

satisfactorily completed ten (10) twenty-five (25) hours of approved continuing medical

education annually. The annual period for accumulation of continuing education hours

commences on the first day of October and runs through the last day of September beginning in

1996. Beginning with the annual renewal period commencing the first day of October 1997, the

administrator shall not renew the certificate of licensure until satisfactory evidence of the

completion of the required continuing medical education is provided to the division.


 

 

 

59)

Section

Amend Chapter Numbers:

 

5-54-27

197 and 230

 

 

5-54-27. Participation in disaster and emergency care.

     A person licensed under the provisions of this chapter or members of the same profession

licensed to practice in other states of the United States or members of the same profession

credentialed by a federal employer who voluntarily and gratuitously, and other than in the

ordinary course of his or her employment or practice, renders emergency medical assistance

during an emergency or a state or local disaster may render such care without supervision

collaboration as set forth in subdivision 5-54-2(10) � 5-54-2(5), or with such supervision as is

available. Any physician who supervises a physician assistant providing medical care in response

to such an emergency or state or local disaster shall not be required to meet the supervising

physician requirements set forth in subdivision 5-54-2(10).


 

 

 

60)

Section

Add Chapter Numbers:

 

5-54-28

197 and 230

 

 

5-54-28. Participation in charitable and voluntary care.

     A physician assistant licensed in this state, or licensed or authorized to practice in any

other U.S. jurisdiction, or who is credentialed by a federal employer or meets the licensure

requirements of his or her requisite federal agency as a physician assistant may volunteer to

render such care that he or she is able to provide at a children's summer camp or for a public or

community event or in a licensed ambulatory health center providing free care. Such care must be

rendered without compensation or remuneration. It is the obligation of the physician assistant to

assure adequate and appropriate professional liability coverage.


 

 

61)

Section

Amend Chapter Numbers:

 

5-56.1-4

179 and 239

 

 

5-56.1-4. Conditions for obtaining a designer's license.

     (a) A designer's license shall be issued to any person who satisfies all the requirements

stated below:

     (1) A completed application for a designer's license along with a reasonable fee shall be

submitted to the licensing authority; all fees shall be deposited as general revenues and the

amounts appropriated are used for the purpose of administering the water and air protection

program.

     (2) The applicant for a designer's license shall be required to pass a written examination,

which may include a field component, administered or sanctioned by the licensing authority for

the applicable class of license. The test assesses the competency and knowledge of the applicant

regarding pertinent subject matter and the application of ISDS regulations.

     (3) The licensing authority shall establish, through regulations, classes of licenses

appropriate to the expertise required for each activity performed by licensed individuals. The

licensing authority shall establish minimum qualifications, education and experience

requirements for each class of license and eligibility requirements for testing. The licensing

authority may waive the requirement of a written examination or any portion of it in the case of a

person licensed by a federal agency or another state having licensing requirements substantially

equivalent to those in Rhode Island.

     (4) No With the exception of subsection (b) of this section, no person may be granted an

exemption to any of the conditions for obtaining a license as provided for in this section on the

basis of past experience or "grandfather" rights.

     (5) The licensing authority shall hold an examination at least once per year.

     (b) Professional engineers who have met all the educational requirements and have been

registered and authorized to practice engineering in the state of Rhode Island by the state board of

registration for professional engineers, shall be deemed to have met all the minimum

qualifications, experience, and education requirements for a designer's license under this section

and shall not be required to pass a written examination or to attend or enroll in continuing

education programs as a requirement for the granting and renewal of their designer's license.


 

 

62)

Section

Add Chapter Numbers:

 

5-89

186 and 206

 

 

CHAPTER 89

TRANSPARENCY AND SUSTAINABILITY STANDARDS FOR RHODE ISLAND

BUSINESSES ACT


 

 

 

63)

Section

Add Chapter Numbers:

 

5-89-1

186 and 206

 

 

5-89-1. Purpose.

     The purpose of this chapter is to support Rhode Island business entities in their global

sustainability efforts by providing this enabling legislation that permits a Rhode Island entity to

signal its commitment to global sustainability. This chapter does not purport to prescribe which

sustainability standards an entity chooses to adopt. Thus, a Rhode Island entity is free to choose

standards promulgated or developed by any entity.


 

 

 

 

64)

Section

Add Chapter Numbers:

 

5-89-2

186 and 206

 

 

5-89-2. Legislative findings.

     The legislature finds that:

     (1) The state of Rhode Island is committed to initiatives designed to support

sustainability practices by providing a platform for manufacturers and businesses to demonstrate

their corporate commitment to social responsibility and sustainability.

     (2) The Rhode Island department of environmental management has a suite of voluntary

green certification programs for the hospitality and tourism industry, landscapers, golf courses,

and other industries.

     (3) In recognition of the increasing interest from investors, customers, and employees for

greater transparency in sustainability practices, this legislation provides Rhode Island businesses

a means to demonstrate to their customers, investors, and employees that they are committed to

sustainability that embodies business practices and systems that are designed to foster innovation

and long-term profits as well as environmental and societal benefits.

     (4) Rhode Island's program shall be implemented by way of voluntary enabling

legislation and applies only to those who seek to become certified as reporting entities. There is

no single blueprint for best practices in sustainability among or within industries, and this

legislation shall allow businesses to craft a sustainability blueprint that meets their specific needs,

provided that the entity's governing body approves its standards and assessment measures and

that they are made publicly available.


 

 

 

65)

Section

Add Chapter Numbers:

 

5-89-3

186 and 206

 

 

5-89-3. Definitions.

     As used in this chapter only, the following terms shall have the following meanings:

     (1) "Acknowledged" means with respect to any document or instrument required to be

executed by an authorized person pursuant to this chapter, the authorized person executing such

the document or instrument has certified, under penalty of perjury, that the information set forth

in such the document or instrument is accurate and complete to the best of such the authorized

person's actual knowledge after due inquiry.

     (2) "Assessment measures" means with respect to any entity, the policies, procedures, or

practices adopted by such the entity to adduce objective factual information to assess the entity's

performance in meeting its standards, including any procedures for internal or external

verification of such the information.

     (3) "Authorized person" means, with respect to any entity, any person or entity who has

been duly authorized in accordance with the organizational documents of the entity and the laws

of this state (whether statutory, common law or otherwise) under which the entity is incorporated,

formed, or organized to execute such the documents and instruments and make such the

acknowledgments as are required by this chapter.

     (4) "Certification of adoption of transparency and sustainability standards" means a

certificate, issued by the department of environmental management, attesting that a reporting

entity has fulfilled sustainability metrics and filed with the secretary of state a standards statement

pursuant to this chapter. Such The certificate shall state on its face that the state has not reviewed

the contents or implementation of the matters referenced in the standards statement, nor verified

any reports made by the reporting entity.

     (5) "Control,'' including the terms "controlling,'' "controlled by,'' and "under common

control with,'' means the possession, directly or indirectly, of the power to direct or cause the

direction of the management and policies of a person or entity, whether through the ownership of

equity or other voting securities, by contract or otherwise.

     (6) "Entity'' means any corporation (stock or nonstock), or a limited-liability company,

existing under the applicable laws of this state.

     (7) "Governing body'' means the board of directors or equivalent governing body, person,

or entity having the power to manage and direct the business and affairs of the entity, and shall

include any duly authorized and empowered committee of the board of directors or equivalent

governing body.

     (8) "Nonreporting entity'' means any person or entity (including any entity) that is not a

reporting entity.

     (9) "Organizational documents'' means the certificate of incorporation, bylaws,

partnership agreement, limited-liability company agreement, articles of association or other

agreement, document, or instrument containing the provisions by which an entity is formed or

organized and by which its internal affairs are governed, in each case as amended, modified,

supplemented, and/or restated and in effect as of any date of determination.

     (10) "Provider'' means, as to any entity, any third party that is engaged to provide

professional consulting services or advice to assist entities or enterprises in measuring, managing,

or reporting the impact of their business and operations on issues of social and environmental

impact.

     (11) "Report'' means a report with respect to a reporting period for a reporting entity

containing the following:

     (i) A summary of the standards and assessment measures in effect during the applicable

reporting period, which summary shall include the third-party criteria and any other source used

to develop the entity's standards and assessment measures and the process by which they were

identified, developed, and approved by the entity;

     (ii) A summary of the actions or activities by which the entity has sought to meet the

standards during the applicable reporting period, including engagement with and disclosure to

stakeholders, if any;

     (iii) The most recent available objective and factual information developed pursuant to

the assessment measures, if any, with respect to the entity's performance in meeting its standards

during the reporting period, and an assessment by the governing body whether the entity has been

successful in meeting the standards, and in the case of any failure to meet such the standards, a

summary of any additional efforts the governing body has determined the entity will undertake to

improve its performance in respect thereof, or its determination not to undertake such the

additional efforts;

     (iv)(A) The identity of any provider assisting the entity in measuring, managing, or

reporting the impact of the entity's business and operations in light of its standards; or

     (B) A statement that the entity has not engaged the services of any provider for such

these purposes;

     (v) A summary of any changes to the standards, assessment measures, or reporting

period, the process by which such the changes were identified, developed, and approved by the

entity, and the third-party criteria used to develop any changes to the standards;

     (vi) A summary of the actions or activities planned for the next succeeding reporting

period with respect to measuring, managing, and reporting with respect to the standards if such

the actions and activities are materially different from those described for the applicable reporting

period; and

     (vii) Notwithstanding the foregoing, no entity shall be required to include in any report

any information that such the entity determines in good faith is subject to an attorney-client or

other applicable privilege or would result in the disclosure of trade secrets or other competitively

sensitive information.

     (12) "Reporting entity'' means an entity that has been issued a certificate of adoption of

transparency and sustainability standards and that has not become and continues to be a

nonreporting entity pursuant to � 5-89-6.

     (13) "Reporting period'' means a period of one year, the initial such period to begin not

more than one year following the filing of the standards statement, and subsequent reporting

periods to begin on the day following the last date of the prior reporting period, unless a

governing body elects to shorten the duration of a reporting period that has not begun in order to

change the start date for subsequent reporting periods.

     (14) "Standards'' means, with respect to an entity, the principles, guidelines, or standards

adopted by the entity to assess and report the impacts of its activities on society and the

environment, which principles, guidelines, or standards shall be based on or derived from third-

party criteria. The Rhode Island department of environmental management green certification

standards may be used as initial guidelines for all applicants in businesses covered by the

certification program.

     (15) "Standards statement'' means the filing described in � 5-89-5.

     (16) "Third party'' means, with respect to any entity, any person or entity other than any

person or entity that controls, is controlled by, or under common control with such the entity,

including any governmental or nongovernmental organization that provides services, standards,

or criteria with respect to measuring, managing, or reporting the social and environmental impact

of businesses or other enterprises.

     (17) "Third-party criteria'' means any principles, guidelines, or standards developed and

maintained by a third party (including a provider) that are used to assist businesses or other

enterprises in measuring, managing, or reporting the social and environmental impact of

businesses or other entities.


 

 

 

66)

Section

Add Chapter Numbers:

 

5-89-4

186 and 206

 

 

5-89-4. Certificate of adoption of transparency and sustainability standards.

     (a) The secretary of state, in coordination with the director of the department of

environmental management, shall issue a certificate of adoption of transparency and sustainability

standards to any entity if the secretary of state shall have determined that the following conditions

have been satisfied:

     (1) Such The entity shall have executed and acknowledged, and delivered to the secretary

of state, a standards statement;

     (2) Such The entity shall have paid all fees and costs assessed by the secretary of state;

and

     (3) Such The entity remains a reporting entity, and if such the entity is registered or

formed with the secretary of state, it is in good standing upon the records of the secretary of state.

     (b) Each reporting entity shall, for all purposes of the laws of this state, be authorized and

permitted to disclose, publicly or privately, that it is a reporting entity.

     (c) The secretary of state is hereby authorized to promulgate rules and regulations

necessary to implement this chapter and shall issue any such certificate required pursuant to this

chapter and shall further be permitted to charge a reasonable fee for any certificates issued and /or

renewed.


  

 

 

67)

Section

Add Chapter Numbers

 

5-89-5

186 and 206

 

 

5-89-5. Statement of adoption of transparency and sustainability standards.

     If the governing body of an entity has adopted resolutions setting forth the entity's

standards and assessment measures, the entity may file a standards statement that:

     (1) Acknowledges that the governing body of the entity has adopted resolutions setting

forth the entity's standards and assessment measures;

     (2) Identifies an Internet internet link on the principal website maintained by or on

behalf of the entity at which the standards and assessment measures, the third-party criteria used

to develop the standards, a description of the process by which such the standards were

identified, developed, and approved and any report filed or to be filed by the entity are and will be

readily available at no cost and without the requirement of the provision of any information, and

will remain available for so long as the entity remains a reporting entity (the "website'');

     (3) Acknowledges that the entity has agreed to acknowledge and deliver to the secretary

of state, its most recent report concurrently with its annual report as specified in � 7-1.2-1501, or

� 7-6-90, or � 7-16-66;

     (4) Acknowledges that the entity has committed to:

     (i) Use the assessment measures to assess the entity's performance in meeting its

standards;

     (ii) Review and assess its standards and assessment measures from time to time, and

make such changes thereto as the governing body in good faith determines are necessary or

advisable in furtherance of meeting the entity's standards;

     (iii) Prepare and make readily available to the public at no cost and without the

requirement of the provision of any information (by posting on the website at the identified

Internet internet link) a copy of its report within ninety (90) days of the end of each reporting

period; and

     (5) Is acknowledged by an authorized person.


 

 

 

68)

Section

Add Chapter Numbers:

 

5-89-6

186 and 206

 

 

5-89-6. Reporting entity status - Renewal statement.

     (a) A reporting entity shall become a nonreporting entity on January 1 of the following

year if the reporting entity shall have failed to submit the renewal statement to the secretary of

state in accordance with this chapter without the need for further action by the secretary of state.

A reporting entity's renewal statement shall:

     (1) Acknowledge that any changes since its most recent filing of a renewal statement or

restoration statement, or, if no renewal statement or restoration statement has been filed, since the

filing of its standards statement, to its address within the state or standards and assessment

measures, and a description of the process by which such the changes were identified, developed,

and approved by the entity and the third-party criteria used to develop any changes to the

standards are available on the website;

     (2) Acknowledge that, for the most recent reporting period for which a report was

required to be made available, if any, a report was made available on the website in accordance

with this chapter within the time period provided for in � 5-89-5(4)(iii);

     (3) Provide an Internet internet link to the report for the most recent reporting period, if

any, on the website; and

     (4) Be acknowledged by an authorized person.

     (b) No standards statement shall be accepted by the secretary of state for an entity if it has

become a nonreporting entity pursuant to subsection (a) of this section within the prior year.


 

 

 

69)

Section

Add Chapter Numbers:

 

5-89-7

186 and 206

 

 

5-89-7. Restoration statement.

     (a) If any reporting entity shall become a nonreporting entity for failure to file a renewal

statement, it may file a restoration statement. The restoration statement shall:

     (1) Acknowledge that any changes since its most recent filing of a renewal statement or

restoration statement, or, if no renewal statement or restoration statement has been filed, since the

filing of its standards statement, to its address within the state or standards and assessment

measures, and a description of the process by which such the changes were identified, developed,

and approved by the entity and the third-party criteria used to develop any changes to the

standards are available on the website;

     (2) Acknowledge that a report for all the reporting periods ended more than ninety (90)

days prior to filing the restoration statement have been made available on the website in

accordance with this chapter;

     (3) Provide an Internet internet link on the website to the report for the most recent

reporting period and any other reporting period for which an Internet internet link has not been

previously provided in a renewal statement or restoration statement; and

     (4) Be acknowledged by an authorized person.

     (b) Any nonreporting entity that files a restoration statement shall thereupon

automatically become a reporting entity, without the need for further action by the secretary of

state.


 

 

 

70)

Section

Add Chapter Numbers:

 

5-89-8

186 and 206

 

 

5-89-8. Limitation of liability.

     Neither the failure by an entity to satisfy any of its standards, nor the selection of specific

assessment measures, nor any other action taken by or on behalf of the entity pursuant to this

chapter, or any omission to take any action required by this chapter to seek, obtain, or maintain

status as a reporting entity, shall, in and of itself, create any right of action on the part of any

person or entity or otherwise give rise to any claim for breach of any fiduciary or similar duty

owed to any person or entity.


 

 

 

 

 

71)

Section

Add Chapter Numbers:

 

5-89-9

186 and 206

 

 

5-89-9. Fees.

     No document required to be filed under this chapter shall be effective until the applicable

fees required by this section are paid and upon the receipt of a statement under � 5-89-5, the fee

for which shall be one hundred dollars ($100),; or a renewal statement under � 5-89-6, the fee for

which shall be ten dollars ($10.00),; or a restoration statement under � 5-89-7, the fee for which

shall be fifty dollars ($50.00), shall be paid to and collected by the secretary of state.


 

 

 

72)

Section

Add Chapter Numbers:

 

5-89-10

186 and 206

 

 

5-89-10. Enabling.

     This act is enabling and applies only to those businesses who that seek to become

certified as a reporting entity and, who that comply with all applicable registration requirements.

Reporting entities are enabled to craft whatever sustainability blueprint they require that meets

their specific needs as there is no single blueprint for best practices in sustainability among or

within industries.


 

 

 

73)

Section

Add Chapter Numbers:

 

6-13.1-30

47 and 78

 

 

6-13.1-30. Cash payment for retail purchases.

     It shall be a deceptive trade practice in violation of this chapter for any retail

establishment offering goods or services for sale to discriminate against a prospective customer

by requiring the use of credit for purchase of goods or services. All retail establishments shall

accept legal tender currency when offered as payment. Provided, the provisions of this section

shall not apply to online purchases or sales made over the Internet internet.


 

 

 

74)

Section

Add Chapter Numbers:

 

6-56

226 and 246

 

 

CHAPTER 56

UNIFORM SUPPLEMENTAL COMMERCIAL LAW FOR THE UNIFORM REGULATION

OF VIRTUAL-CURRENCY BUSINESSES ACT


 

 

 

75)

Section

Add Chapter Numbers:

 

6-56-1

226 and 246

 

 

6-56-1. Short title.

     This chapter shall be known and may be cited as the "Uniform Supplemental Commercial

Law for the Uniform Regulation of Virtual-Currency Businesses Act."


 

 

 

76)

Section

Add Chapter Numbers:

 

6-56-2

226 and 246

 

 

6-56-2. Definitions.

     (a) As used in this chapter:

     (1) �Article 8� means Article 8 of the Uniform Commercial Code, as amended, in

substantially the form approved by the American Law Institute and the National Conference of

Commissioners on Uniform State Laws.

     (2) �Control� has the meaning provided in � 19-14.3-1.1(1).

     (3) �Hague Securities Convention� means the Convention on the Law Applicable to

Certain Rights in Respect of Securities Held with an Intermediary, concluded 5 July, 2006.

     (4) �Uniform Commercial Code jurisdiction� means a state that has enacted Article 8.

     (5) �Uniform Regulation of Virtual-Currency Businesses Act� means chapter 14.3 of title

19 of the Rhode Island general laws.

     (6) �User� means a person for which a licensee has control of virtual currency.

     (b) Other definitions applying to this chapter and the sections of the Uniform Regulation

of Virtual-Currency Businesses Act in which they appear are as follows:

     (1) �Licensee� as set forth in � 19-14.3-1.1.

     (2) �Record� as set forth in � 19-14.3-1.1.

     (3) �Resident� as set forth in � 19-14.3-1.1.

     (4) �Sign� as set forth in � 19-14.3-1.1.

     (5) �State� as set forth in � 19-14.3-1.1.

     (6) �Virtual currency� as set forth in � 19-14-1.

     (c) Other definitions applying to this chapter and the sections of Article 8 in which they

appear are as follows:

     (1) �Entitlement holder� as set forth in � 8-102(a).

     (2) �Financial asset� as set forth in � 8-102(a).

     (3) �Securities intermediary� as set forth in � 8-102(a).

     (4) �Security� as set forth in � 8-102(a).

     (5) �Securities account� as set forth in � 8-501.

     (d) The definition of �agreement� applying to this chapter appears in � 1-201(b)(3) of

Article 1 of the Uniform Commercial Code, as amended, in substantially the form approved by

the American Law Institute and the National Conference of Commissioners on Uniform State

Laws.


 

 

 

77)

Section

Add Chapter Numbers:

 

6-56-3

226 and 246

 

 

6-56-3. Scope.

     This chapter applies to:

     (1) A person or transaction governed by the Uniform Regulation of Virtual-Currency

Businesses Act; and

     (2) A user that is not a resident if the user or transaction with the user would be governed

by the Uniform Regulation of Virtual-Currency Businesses Act if the user were a resident.


 

 

 

 

78)

Section

Add Chapter Numbers:

 

6-56-4

226 and 246

 

 

6-56-4. Incorporation of Article 8.

     (a) The relationship between a licensee or registrant and a user shall be evidenced by an

agreement in a record signed by the licensee or registrant and by the user. The agreement:

     (1) Shall specify the jurisdiction whose law governs the agreement;

     (2) If governed by the law of a jurisdiction that is not a Uniform Commercial Code

jurisdiction, the agreement shall:

     (i) Specify a Uniform Commercial Code jurisdiction as the securities intermediary�s

jurisdiction for the purpose of Article 8; and

     (ii) State that the law in force in the Uniform Commercial Code jurisdiction under

subsection (2)(i) of this section applies to all issues specified in Article 2(1) of the Hague

Securities Convention;

     (3) Shall state that:

     (i) The licensee is a securities intermediary;

     (ii) The control of virtual currency by the licensee for the benefit of the user creates a

securities account of which the user is the entitlement holder;

     (iii) The parties agree that the virtual currency is to be treated as a financial asset credited

or held for credit to the securities account of the user; and

     (iv) The licensee will not grant a security interest in virtual currency which the licensee

or registrant is obligated to maintain under � 8-504(a) of Article 8;

     (4) May not provide a standard for the licensee to comply with its duties under Part 5 of

Article 8 of the Uniform Commercial Code which is less protective of the user than the standard

that would apply under Part 5 of Article 8 of the Uniform Commercial Code in the absence of an

agreement concerning the standard; and

     (5) May not provide that:

     (i) The securities intermediary�s jurisdiction for the purpose of Article 8 is a jurisdiction

that is not a Uniform Commercial Code jurisdiction; or

     (ii) The law in force in a jurisdiction that is not a Uniform Commercial Code jurisdiction

applies to all issues specified in Article 2(1) of The Hague Securities Convention.

     (b) To the extent that there is no agreement that complies with subsection (a) of this

section, the relationship between a licensee or registrant and a user is determined as if the licensee

or registrant and the user have an agreement that complies with subsection (a) of this section and

specifies that the law of this state governs the agreement.

     (c) The effect of this section may not be varied by agreement.


 

 

 

 

79)

Section

Add Chapter Numbers:

 

6-56-5

226 and 246

 

 

6-56-5. Qualifying office under Hague Securities Convention.

     (a) A licensee shall maintain in a state an office that complies with the second sentence of

Article 4(1) of The Hague Securities Convention.

     (b) The effect of this section may not be varied by agreement.


 

 

 

80)

Section

Add Chapter Numbers:

 

6-56-6

226 and 246

 

 

6-56-6. Effect of failure to comply with this chapter.

     Failure to comply with this chapter is a violation of the Uniform Regulation of Virtual-

Currency Businesses Act.


 

 

 

81)

Section

Add Chapter Numbers:

 

6-56-7

226 and 246

 

 

6-56-7. No inference as to characterization under other statute or rule.

     Treatment of virtual currency as a financial asset credited to a securities account under

this chapter and Article 8 of the Uniform Commercial Code does not determine the

characterization or treatment of the virtual currency under any other statute or rule.


 

 

 

82)

Section

Add Chapter Numbers:

 

6-56-8

226 and 246

 

 

6-56-8. Supplementary law.

     Unless displaced by the particular provisions of this chapter, the principles of law and

equity supplement this chapter.


 

 

 

83)

Section

Add Chapter Numbers:

 

6-56-9

226 and 246

 

 

6-56-9. Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.


 

 

 

 

84)

Section

Add Chapter Numbers:

 

6-56-10

226 and 245

 

 

6-56-10. Relation to Electronic Signatures in Global and National Commerce Act.

     This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede

Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of

the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b)).


 

 

 

85)

Section

Add Chapter Numbers:

 

6-56-11

225 and 231

 

 

6-56-11. Severability.

     If any provision of this chapter or its application to any person or circumstance is held

invalid, the invalidity does not affect other provisions or application of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.


 

 

 

 86)

Section

Add Chapter Numbers:

 

6-57

188 and 243, 226 and 246

 

 

CHAPTER 57

SERVICE CONTRACTS


 

 

 

87)

Section

Add Chapter Numbers:

 

6-57-1

188 and 243

 

 

6-57-1. Definitions.

     For purposes of this section, the following terms shall have the following meanings:

     (1) "Consumer product" means any tangible personal property that is distributed in

commerce and is normally used for personal, family, or household purposes, including a motor

vehicle, and any tangible personal property intended to be attached to or installed in any real

property without regard to whether it is so attached or installed.

     (2) "Incidental costs" means expenses specified in a vehicle theft protection program

warranty that are incurred by the warranty holder due to the failure of a vehicle theft protection

program to perform as provided in the contract. Incidental costs may be reimbursed in either a

fixed amount specified in the vehicle theft protection program warranty or by use of a formula

itemizing specific incidental costs incurred by the warranty holder.

     (3) "Maintenance agreement" means a contract of limited duration that provides for

scheduled maintenance only.

     (4) "Road hazard" means a hazard that is encountered while driving a motor vehicle and

which that may include, but not be limited to, potholes, rocks, wood debris, metal parts, glass,

plastic, curbs, or composite scraps.

     (5) "Service contract" means a contract or agreement for a separately stated consideration

for any duration to perform the repair, replacement, or maintenance of a consumer product or

indemnification for the same, for the operational or structural failure of a consumer product due

to a defect in materials, workmanship, accidental damage from handling, or normal wear and tear,

with or without additional provisions for incidental payment of indemnity under limited

circumstances, including, but not limited to, towing, rental, and emergency road service and road

hazard protection. Service contracts may provide for the repair, replacement, or maintenance of a

consumer product for damage resulting from power surges or interruption. "Service contract" also

includes a contract or agreement sold for a separately stated consideration for a specific duration

that provides for any of the following:

     (i) The repair or replacement or indemnification for the repair or replacement of a motor

vehicle for the operational or structural failure of one or more parts or systems of the motor

vehicle brought about by the failure of an additive product to perform as represented;

     (ii) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of

coming into contact with road hazards;

     (iii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using

the process of paintless dent removal without affecting the existing paint finish and without

replacing vehicle body panels, sanding, bonding, or painting;

     (iv) The repair of chips or cracks in or the replacement of motor vehicle windshields as a

result of damage caused by road hazards;

     (v) The replacement of a motor vehicle key or key fob in the event that the key or key fob

becomes inoperable or is lost or stolen; or

     (vi) Other services or products which that may be approved by the director of the

department of business regulation.

     (6) "Vehicle theft protection product" means a device or system that:

     (i) Is installed on or applied to a motor vehicle;

     (ii) Is designed to prevent loss or damage to a motor vehicle from theft; and

     (iii) Includes a vehicle theft protection program warranty. Vehicle theft protection

product does not include fuel additives, oil additives, or other chemical products applied to the

engine, transmission, or fuel system, or interior or exterior surfaces of a motor vehicle.

     (7) "Vehicle theft protection product warranty" means a written agreement by a warrantor

that provides if the vehicle theft protection product fails to prevent loss or damage to a motor

vehicle from theft, that the warrantor will pay to or on behalf of the warranty holder specified

incidental costs as a result of the failure of the vehicle theft protection product to perform

pursuant to the terms of the vehicle theft protection product warranty.


 

 

 

88)

Section

Add Chapter Numbers:

 

6-57-2

188 and 243

 

 

6-57-2. Service contracts.

     The offering, sale, or issuance of a service contract, vehicle theft protection product

warranty, or maintenance agreement shall not be considered insurance or subject to the insurance

laws of this state unless made expressly applicable thereto.


 

 

 

89)

Section

Add Chapter Numbers:

 

7-11.2

225 and 231

 

 

CHAPTER 11.2

SENIOR SAVINGS PROTECTION ACT


 

 

 

90)

Section

Add Chapter Numbers:

 

7-11.2-1

225 and 231

 

 

7-11.2-1. Short title - Rules of construction.

     (a) This chapter shall be known as and may be cited as the "Senior Savings Protection

Act.".

     (b) This chapter shall be liberally construed and applied to promote its underlying

purposes and policy and to make uniform the laws with respect to the subject of this chapter

among states enacting it.

     (c) Unless displaced by the particular provisions of this chapter, the principles of law and

equity supplement its provisions.


 

 

 

91)

Section

Add Chapter Numbers:

 

7-11.2-2

225 and 231

 

 

7-11.2-2. Definitions.

     As used in this chapter, the following words and phrases shall have the following

meanings unless the context otherwise requires:

     (1) "Agent" means an individual, other than a broker-dealer, who represents a broker-

dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in

effecting or attempting to effect purchases or sales of the issuer's securities; provided, that a

partner, officer, or director of a broker-dealer or issuer, or an individual having a similar status or

performing similar functions, is an agent only if the individual otherwise comes within the term.

The term does not include an individual excluded by rule adopted or order issued under this

chapter.

     (2) "Broker-dealer" means a person engaged in the business of effecting transactions in

securities for the account of others or for the person's own account. The term does not include:

     (i) An agent;

     (ii) An issuer;

     (iii) A bank, a trust company organized or chartered under the laws of this state, or a

savings institution, if its activities as a broker-dealer are limited to those specified in the

Securities Exchange Act of 1934, as amended (15 U.S.C. Section 78a, et seq.) or a bank that

satisfies the conditions described in the Securities Exchange Act of 1934, as amended (15 U.S.C.

Sections 78a et seq.);

     (iv) An international banking institution; or

     (v) A person excluded by rule adopted or order issued under this chapter.

     (3) "Financial exploitation" means the wrongful or unauthorized taking, withholding,

appropriation, or use of money, real property, or personal property of a qualified adult.

     (4) "Immediate family member" means a spouse, child, parent, or sibling of a qualified

adult;.

     (5) "Qualified adult" means:

     (i) A person sixty (60) years of age or older; or

     (ii) A person who:

     (A) Has a mental or physical impairment that substantially limits one or more major life

activities, whether the impairment is congenital or acquired by accident, injury, or disease, where

such the impairment is verified by medical findings; and

     (B) Is between the ages of eighteen (18) and fifty-nine (59);.

     (6) "Qualified individual" means a person associated with a broker-dealer who serves in a

supervisory, compliance, or legal capacity as part of their his or her job.


 

 

 

92)

Section

Add Chapter Numbers:

 

7-11.2-3

225 and 231

 

 

7-11.2-3. Notification of agencies and family members.

     If a qualified individual reasonably believes that financial exploitation of a qualified adult

has occurred, has been attempted, or is being attempted, the qualified individual shall notify the

department of business regulation as well as the division of elderly affairs office of healthy aging

and law enforcement in accordance with � 42-66-8. Subsequent to providing this notification, an

agent or qualified individual may notify an immediate family member, legal guardian,

conservator, cotrustee, successor trustee, or agent under a power of attorney of the qualified adult

of such the belief.


 

 

 

93)

Section

Add Chapter Numbers:

 

7-11.2-4

225 and 231

 

 

7-11.2-4. Refusal of request for disbursement.

     (a) A qualified individual may refuse a request for disbursement from the account of a

qualified adult, or an account on which a qualified adult is a beneficiary or beneficial owner, if:

     (1) The qualified individual reasonably believes that the requested disbursement will

result in financial exploitation of the qualified adult; and

     (2) The broker-dealer or qualified individual:

     (i) Within two (2) business days makes a reasonable effort to notify all parties authorized

to transact business on the account orally or in writing, unless such the parties are reasonably

believed to have engaged in suspected or attempted financial exploitation of the qualified adult;

and

     (ii) Complies with the notification requirements set forth in � 7-11.2-3.

     (b) Any refusal of a disbursement as authorized by this section shall expire upon the

sooner of:

     (1) The time when the broker-dealer or qualified individual reasonably believes that the

disbursement will not result in financial exploitation of the qualified adult; or

     (2) Ten (10) business days after the initial refusal of disbursement by the qualified

individual.

     (c) A court of competent jurisdiction may enter an order extending the refusal of a

disbursement or any other protective relief.

     7-11.2-5. Immunity from liability.


 

 

 

94)

Section

Add Chapter Numbers:

 

7-11.2-5

225 and 231

 

 

7-11.2-5. Immunity from liability.

     Notwithstanding any other provision of law to the contrary, a broker-dealer, agent, or

qualified individual who, in good faith and exercising reasonable care, complies with the

provisions of this chapter shall be immune from any civil liability under this chapter.


 

 

 

95)

Section

Add Chapter Numbers:

 

7-11.2-6

225 and 231

 

 

7-11.2-6. Website for training resources to prevent and detect financial exploitation.

     No later than July 1, 2020, the department of business regulation and the division of

elderly affairs office of healthy aging shall develop and make available websites that include

training resources to assist broker-dealers and agents in the prevention and detection of financial

exploitation of qualified adults. Such The resources shall include, at a minimum, indicators of

financial exploitation of qualified adults and potential steps broker-dealers and agents may take to

prevent suspected financial exploitation of qualified adults as authorized by law.


 

96)

Section

Amend Chapter Numbers:

 

8-2-39.3

279 and 283

 

 

8-2-39.3. Superior court diversion.

     (a) In accordance with � 8-6-2, the superior court may create, with the approval of the

supreme court, rules for a superior court diversion program (the "program"). The presiding justice

may assign a justice or magistrate to administer the diversion program, in which the defendant

enters a plea to the pending matter and agrees to written contractual conditions of diversion with

the justice or magistrate, including reporting to the court as instructed for reviews, until such time

as the defendant has completed the diversion program to the court's satisfaction and all reviews

are completed. Contractual conditions may include, but are not limited to, compliance with

counseling, community service, and restitution obligationsThe program is designed to offer an

alternative to traditional conviction, sentencing, and incarceration by providing eligible

defendants with a framework of supervision and services in lieu of incarceration and/or probation

to help them make informed decisions,; engage in positive behavior,; and reduce the risk of

recidivism.

     (b) Definitions:

     (1) "Disqualifying offense" includes murder,; manslaughter,; first-degree arson,;

kidnapping with intent to extort,; robbery,; felony assault-serious bodily injury,; larceny from the

person,; burglary,; entering a dwelling house with intent to commit murder,; robbery,; sexual

assault,; any domestic violence offense as defined in chapter 29 of title 12,; felony driving while

intoxicated,; driving while intoxicated-death resulting,; driving while intoxicated-serious bodily

injury resulting,; possession of greater than one ounce (1 oz.) or greater than one kilogram (1 kg.)

of a controlled substance, excluding marijuana,; possession of greater than five kilograms (5 kg.)

of marijuana,any offense requiring sex offender registration pursuant to chapter 37.l of title 11;

and child abuse as defined in � 11-9-5.3; and all firearms offenses, as defined in chapter 47 of

title 11, with the exception of: � 11-47-6, mental incompetents and drug addicts prohibited from

possession of firearms; � 11-47-8, license or permit required for carrying pistol-possession of

machine gun; and � 11-47-52, carrying of weapon while under the influence of liquor or drugs.

The definition shall also include any attempt or conspiracy to commit any of the offenses

included in this subsection.

     (2) "Eligible defendant" means any person who stands charged in a district court

complaint, superior court indictment, or a superior court information for a felony offense and:

     (i) Has not been previously convicted of or plead pleaded nolo contendere to a

disqualifying offense, as defined in this section;

     (ii) Has not been previously convicted of or plead pleaded nolo contendere previously to

two (2) or more felony offenses within the last five (5) years (excluding any time during which

the offender was incarcerated for any reason between the time of commission of the previous

felony and the time of commission of the present felony); and

     (iii) Has not been charged with a disqualifying offense as defined in this section.

     (c) The procedure for referral and admission into the program shall be as follows:

     (1) At any time after the arraignment of an eligible defendant, either in the district court

or superior court, but prior to the entry of a plea of guilty or the commencement of trial, a referral

may be made to the judicial diversion program's sentencing case manager. The referral may be

made by a representative of the department of the attorney general, or counsel entered on behalf

of a defendant or upon request by a justice of the superior or district court.

     (2) The judicial diversion sentencing case manager shall ensure that the individual is an

eligible defendant and satisfies any additional criteria established by the court through its rules

and regulations

     (3) The judicial diversion sentencing case manager shall submit his or her report to the

justice or magistrate assigned to the program, indicating acceptance or rejection into the program.

Upon receipt of the report, the court shall confer with counsel for the defendant and counsel for

the state.

     (4) Either party may request a hearing on the issue of whether the defendant should be

admitted into the program.

     (5) The superior court magistrate or justice assigned to the program shall make the final

determination as to whether a defendant is admitted into the program.

     (d) Notwithstanding the above provisions, if counsel for the department of attorney

general and the counsel for the defendant agree that the defendant should be admitted to the

program, he or she shall be deemed "eligible" and may be granted admission.

     (e) Once the defendant has been accepted into the program, the defendant shall sign a

contract. The contract will detail the requirements of the program, which requirements shall be

consistent with the rules and regulations promulgated by the court. The defendant will be bound

by the terms of the contract, which will set forth the court's expectations; the conditions imposed

upon and the responsibilities of the defendant; and the treatment plan goals and strategies. In

addition, by signing the contract, the defendant agrees to waive any applicable statute of

limitations and/or right to a speedy trial.

     (f) If a defendant fails to abide by the program's conditions and orders, he or she may be

terminated from the program by the magistrate or justice assigned to the program. If a defendant

is terminated from the program then he or she shall have his or her case placed on the superior

court criminal calendar in the county that the case originated.

     (g) The superior court may make such rules and regulations for the administration and

enforcement of this chapter as it may deem necessary. Provided, further, notwithstanding any

provision of the general or public laws to the contrary, the superior court shall have the power to

adopt by rule or regulation, in whole or in part, any standards, rules, regulations, or other

standards and procedures governing the judicial diversion program.


 

 

 

97)

Section

Amend Chapter Numbers:

 

8-3-16

205 and 271

 

 

8-3-16. Retirement contribution.

     (a) Judges engaged after December 31, 1989, shall have deducted from total salary

beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of

compensation as specified in � 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges, whether engaged before or after December 31,

1989, shall have deducted from compensation as defined in subsection 36-8-1(8) an amount equal

to twelve percent (12%) of compensation, except active Supreme Court Judges as of June 30,

2012, who shall have deducted from compensation as defined in section 36-8-1(8) an amount

equal to the percent of compensation in effect on June 30, 2012. Proceeds deposited shall be held

in trust for the purpose of paying retirement benefits to participating judges or their beneficiaries

on the date contributions are withheld but no later than three (3) business days following the pay

period ending in which contributions were withheld. The retirement board shall establish rules

and regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A member of the judiciary who withdraws from service or ceases to be a member

for any reason other than retirement, shall be paid on demand a refund consisting of the

accumulated contributions standing to his or her credit in his or her individual account in the

judicial retirement benefits account. Any member receiving a refund shall thereby forfeit and

relinquish all accrued rights as a member of the system together with credits for total service

previously granted to the member; provided, however, that if any member who has received a

refund shall subsequently reenter the service and again become a member of the system, he or she

shall have the privilege of restoring all money previously received or disbursed to his or her credit

as refund of contributions plus regular interest for the period from the date of refund to the date of

restoration. Upon the repayment of the refund as herein provided, the member shall again receive

credit for the amount of total service which he or she had previously forfeited by the acceptance

of the refund.

     (c)(d) Whenever any judge dies from any cause before retirement and has no surviving

spouse, domestic partner, or minor child(ren), a payment shall be made of the accumulated

contributions standing to his or her credit in his or her individual account in the judicial

retirement benefits account. The payment of the accumulated contributions of the judge shall be

made to such person as the judge shall have nominated by written designation duly executed and

filed with the retirement board, or if the judge has filed no nomination, or if the person so

nominated has died, then to the estate of the deceased judge.


 

 

98)

Section

Amend Chapter Numbers:

 

8-3-17

205 and 271

 

 

8-3-17. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by � 8-3-16 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which that

will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after

December 31, 1989. Such The rate percent shall be computed and certified in accordance with

the procedures set forth in �� 36-8-13 and 36-10-2 under rules and regulations promulgated by

the retirement board pursuant to � 36-8-3. The amounts that would have been contributed shall be

deposited in a special fund and not used for any purpose on the date contributions are withheld

but no later than three (3) business days following the pay period ending in which contributions

were withheld.


 

 

 

99)

Section

Amend Chapter Numbers:

 

8-8-10.1

205 and 271

 

 

8-8-10.1. Retirement contribution.

     (a) Judges engaged after December 31, 1989, shall have deducted from total salary

beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of

compensation as specified in � 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges, whether engaged before or after December 31,

1989, shall have deducted from compensation as defined in subsection 36-8-1(8) an amount equal

to twelve percent (12%) of compensation. The receipts collected under this provision shall be

deposited in a restricted revenue account entitled "Judicial retirement benefits" " on the date

contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld. Proceeds deposited in this account shall be held in

trust for the purpose of paying retirement benefits to participating judges or their beneficiaries.

The retirement board shall establish rules and regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A member of the judiciary who withdraws from service or ceases to be a member

for any reason other than retirement shall be paid on demand a refund consisting of the

accumulated contributions standing to his or her credit in his or her individual account in the

judicial retirement benefits account. Any member receiving a refund shall thereby forfeit and

relinquish all accrued rights as a member of the system together with credits for total service

previously granted to the member; provided, however, that if any member who has received a

refund shall subsequently reenter the service and again become a member of the system, the

member shall have the privilege of restoring all money previously received or disbursed to his or

her credit as refund of contributions plus regular interest for the period from the date of refund to

the date of restoration. Upon the repayment of the refund as herein provided, the member shall

again receive credit for the amount of total service which he or she had previously forfeited by

the acceptance of the refund.

     (c)(d) Whenever any judge dies from any cause before retirement and has no surviving

spouse, domestic partner, or minor child(ren), a payment shall be made of the accumulated

contributions standing to his or her credit in his or her individual account in the judicial

retirement benefits account. The payment of the accumulated contributions of the judge shall be

made to such person as the judge shall have nominated by written designation duly executed and

filed with the retirement board, or if the judge has filed no nomination, or if the person so

nominated has died, then to the estate of the deceased judge.


 

 

 

100)

Section

Amend Chapter Numbers:

 

8-8-10.2

205 and 271

 

 

8-8-10.2. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by � 8-8-10.1 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which that

will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after

December 31, 1989. The rate percent shall be computed and certified in accordance with the

procedures set forth in � 36-8-13 and � 36-10-2 under rules and regulations promulgated by the

retirement board pursuant to � 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.


 

 

 

101)

Section

Amend Chapter Numbers:

 

8-8.1-5

59 and 66, 63 and 68

 

 

8-8.1-5. Duties of police officers.

     (a) Whenever any police officer has reason to believe that a cohabitant or minor has been

abused, that officer shall use all reasonable means to prevent further abuse, including:

     (1) Remaining on the scene as long as there is danger to the physical safety of the person

or until the person is able to leave the dwelling unit;

     (2) Assisting the person in obtaining medical treatment necessitated by an assault,

including obtaining transportation to an emergency medical treatment facility;

     (3) Giving the person immediate and adequate notice of his or her rights under this

chapter;

     (4) Arresting the person pursuant to the arrest provisions as contained in � 12-29-3.

     (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

     Spouse, former spouse/blood relative/children in common;, minor(s) in a substantive

dating or engagement relationship;, a plaintiff parent's minor child(ren) to which the defendant is

not a blood relative or relative by marriage:

     "If your attacker is your spouse, former spouse, person to whom you are related by blood

or marriage, or if you are not married to your attacker, but have a child in common, or if you

and/or your attacker are a minor who have been in a substantive dating or engagement

relationship within the past six (6) months one year, you have the right to go to the family court

and ask the court to issue an order restraining your attacker from abusing you, or your minor child

, or a plaintiff parent's minor child(ren) to which the defendant is not a blood relative or relative

by marriage; you have the right to go to the family court and request;:

     (1) an An order restraining your attacker from abusing you, or your minor child , or a

plaintiff parent's minor child(ren) to which defendant is not a blood relative or relative by

marriage;

     (2) an An order awarding you exclusive use of your marital domicile;

     (3) an An order awarding you custody of your minor child."

     Unmarried/not related cohabitants within the past three (3) years or substantive dating or

engagement relationship within past six (6) months one year:

     "If you are not married or related to your attacker, but have resided with him or her

within the past three (3) years, you have the right to go to the district court and request;:

     (1) an An order restraining your attacker from abusing you;

     (2) an An order directing your attacker to leave your household, unless she or he has the

sole legal interest in the household."

     "If you are in need of medical treatment, you have the right to have the officer present

obtain transportation to an emergency medical treatment facility."

     "If you believe that police protection is needed for your physical safety, you have the

right to have the officer present remain at the scene until you and your children can leave or until

your safety is otherwise insured."

     "You have the right to file a criminal complaint with the responding officer or your local

police department if the officer has not arrested the perpetrator."

     (c) A police officer shall ensure enforcement of the terms of the protective order issued

pursuant to this chapter including, but not limited to, accompanying a cohabitant to his or her

dwelling or residence in order to secure possession of the dwelling or residence when a vacate

order against the defendant has been issued.

     (d) When service of the temporary order issued pursuant to � 8-8.1-4 has not been made

and/or after a permanent order is entered, a police officer shall give notice of the order to the

defendant by handing him or her a certified copy of the order. The officer shall indicate that he or

she has given notice by writing on plaintiff's copy of the order and the police department's copy

of the order the date, and time of giving notice and the officer's name and badge number. The

officer shall indicate on the offense report that actual notice was given.

 

 

 

  (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

     Spouse, former spouse/blood relative/children in common; minor(s) in a substantive

dating or engagement relationship:


 

 

 

 

102)

Section

Amend Chapter Numbers:

 

8-8.2-7

205 and 271

 

 

8-8.2-7. Retirement contribution.

     (a) Judges of the administrative adjudication court engaged after December 31, 1989,

who are reassigned by this chapter to the traffic tribunal shall have deducted from their total

salary beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent

of compensation as specified in � 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges whether engaged before or after December 31,

1989, shall have deducted from compensation as defined in 36-8-1(8) an amount equal to twelve

percent (12%) of compensation. The receipts collected under this provision shall be deposited in a

restricted revenue account entitled "administrative adjudication retirement benefits" on the date

contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld. Proceeds deposited in this account shall be used to

pay judges' retirement costs. The retirement board shall establish rules and regulations to govern

the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A judge of the administrative adjudication court reassigned by this chapter to the

traffic tribunal who withdraws from service or ceases to be a member for any reason other than

death or retirement, shall be paid on demand a refund consisting of the accumulated contributions

standing to his or her credit in his or her individual account in the administrative adjudication

retirement benefits account. Any member receiving a refund shall thereby forfeit and relinquish

all accrued right as a member of the system together with credits for total service previously

granted to the member; provided, however, that if any member who has received a refund shall

subsequently reenter the service and again become a member of the system, he or she shall have

the privilege of restoring all moneys previously received or disbursed to his or her credit as a

refund of contributions plus regular interest for the period from the date of refund to the date of

restoration. Upon the repayment of the refund as herein provided, such member shall again

receive credit for the amount of total service which he or she had previously forfeited by the

acceptance of the refund.

     (c)(d) Whenever any judge of the administrative adjudication court dies from any cause

before retirement and has no surviving spouse or domestic partner or minor child(ren), a payment

shall be made of the accumulated contributions standing to his or her credit in his or her

individual account in the administrative adjudication court judges' retirement account. The

payment of the accumulated contributions of the judge shall be made to such person as the judge

shall have nominated by written designation duly executed and filed with the retirement board, or

if the judge has no filed nomination, or if the person so nominated has died, then to the estate of

the deceased judge.


 

 

103)

Section

Amend Chapter Numbers:

 

8-8.2-8

205 and 271

 

 

8-8.2-8. State contributions.

     The state of Rhode Island shall make its contribution for maintaining the system

established by � 8-8.2-7 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter, by annually appropriating an amount which that

will pay a rate percent of the compensation paid after December 31, 1989, to judges of the

administrative adjudication court engaged after December 31, 1989, who are reassigned by this

chapter to the traffic tribunal. The rate percent shall be computed and certified in accordance with

the procedures set forth in � 36-8-13 and � 36-10-2 under rules and regulations promulgated by

the retirement board pursuant to � 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.


 

 

 

104)

Section

Amend Chapter Numbers:

 

9-1-14

82 and 83

 

 

9-1-14. Limitation of actions for words spoken or personal injuries.

     (a) Actions for words spoken shall be commenced and sued within one year next after the

words spoken, and not after.

     (b) Actions for injuries to the person shall be commenced and sued within three (3) years

next after the cause of action shall accrue, and not after, except as provided for otherwise in

subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or

exploitation of a child shall be governed by � 9-1-51.

     (c) As to an action for personal injuries wherein an injured party is entitled to proceed

against an insurer pursuant to � 27-7-2, where an action is otherwise properly filed against an

insured within the time limitations provided for by this section, and process against the insured

tortfeasor has been returned "non estinventus" and filed with the court, then the statutory

limitation for filing an action under � 27-7-2 directly against an insurer shall be extended an

additional one hundred twenty (120) days after the expiration of the time limitation provided for

in subsection (b) herein.


 

 

 

 

 

105)

Section

Amend Chapter Numbers:

 

9-1-25

82 and 83

 

 

9-1-25. Time for bringing suit against state, political subdivision, city, or town.

     (a) Except as provided in subsection (b) of this section and in � 9-1-51, for cases of

sexual abuse, when When a claimant is given the right to sue the state of Rhode Island, any

political subdivision of the state, or any city or town by a special act of the general assembly, or

in cases involving actions or claims in tort against the state or any political subdivision thereof or

any city or town, the action shall be instituted within three (3) years from the effective date of the

special act, or within three (3) years of the accrual of any claim of tort. Failure to institute suit

within the three- (3) year (3) period shall constitute a bar to the bringing of the legal action.

     (b) In cases of childhood sexual abuse, the time for bringing suit against the state of

Rhode Island or any other entity identified in subsection (a) of this section, � 9-1-51 shall apply.


 

 

 

106)

Section

Amend Chapter Numbers:

 

9-1-51

82 and 83

 

 

9-1-51. Limitation on actions based on sexual abuse or exploitation of a child.

     (a) (1) All claims or causes of action based on intentional conduct brought against a

perpetrator defendant by any person for recovery of damages for injury suffered as a result of

childhood sexual abuse shall be commenced within the later to expire of:

     (i) seven (7) Thirty-five (35) years of the act alleged to have caused the injury or

condition,; or

     (ii) seven Seven (7) years of from the time the victim discovered or reasonably should

have discovered that the injury or condition was caused by the act, whichever period expires later.

     Provided, however, that the time limit or commencement of such an action under this

section shall be tolled for a child until the child reaches eighteen (18) years of age. For the

purposes of this section, "sexual abuse" shall have the same meaning as in subsection (e) of this

section.

     (2) All claims or causes of action brought against a non-perpetrator defendant by any

person alleging negligent supervision of a person that sexually abused a minor, or that the non-

perpetrator defendant's conduct caused or contributed to the childhood sexual abuse by another

person to include, but not be limited to, wrongful conduct, neglect or default in supervision,

hiring, employment, training, monitoring, or failure to report and/or the concealment of sexual

abuse of a child shall be commenced within the later to expire of:

     (i) Thirty-five (35) years of the act or acts alleged to have caused an injury or condition to

the minor; or

     (ii) Seven (7) years from the time the victim discovered or reasonably should have

discovered that the injury or condition was caused by the act.

     Provided, however, that the time limit or commencement of such an action under this

section shall be tolled for a child until the child reaches eighteen (18) years of age.

     For purposes of this section "sexual abuse" shall have the same meaning as in subsection

(e) of this section.

     (3) As to a perpetrator defendant, any claim or cause of action based on conduct of sexual

abuse may be commenced within the time period enumerated in subsection subsections (a)(1)(i)

and (a)(1)(ii) regardless if the claim was time-barred under previous version of the general laws.

     (4) Except as provided in subsection (a)(3) herein, any claim or cause of action based on

conduct of sexual abuse or conduct which that caused or contributed to sexual abuse, if the action

is not otherwise time-barred under previous version of the general laws on the effective date of

this section, may be commenced within the time period enumerated in subsections (a)( l ) and

(a)(2) of this section.

     (b) The victim need not establish which act in a series of continuing sexual abuse or

exploitation incidents cause the injury complained of, but may compute the date of discovery

from the date of the last act by the same perpetrator which is part of a common scheme or plan of

sexual abuse or exploitation.

     (c) The knowledge of a custodial parent or guardian shall not be imputed to a person

under the age of eighteen (18) years.

     (d) For purposes of this section, "child" means a person under the age of eighteen (18)

years.

     (e) As used in this section, "childhood sexual abuse" means any act committed by the

defendant against a complainant who was less than eighteen (18) years of age at the time of the

act and which act would have been a criminal violation of chapter 37 of title 11.


 

 

 

107)

Section

Amend Chapter Numbers:

 

9-18-11

190 and 241

 

 

9-18-11. Depositions for use in foreign tribunals.

     Depositions may be taken in this state to be used on the trial of any cause pending in a

tribunal of any other state, district, territory, or country, pursuant to chapter 18.1 of title 9 this

title before any person residing in this state, to whom a commission shall be directed and sent by

the tribunal, with the formalities prescribed in the commission, or, if there are none prescribed,

then according to the laws of the jurisdiction whence the commission issues.


 

 

 

108)

Section

Add Chapter Numbers:

 

9-18.1

190 and 241

 

 

CHAPTER 18.1

UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT


 

 

 

 

 

 

109)

Section

Add Chapter Numbers:

 

9-18.1-1

190 and 241

 

 

9-18.1-1. Short title.

     This chapter may be cited as the "Uniform Interstate Depositions and Discovery Act."


 

 

 

110)

Section

Add Chapter Numbers:

 

9-18.1-2

190 and 241

 

 

9-18.1-2. Definitions.

     As used in this chapter:

     (1) "Foreign jurisdiction" means a state other than this state.

     (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a

foreign jurisdiction.

     (3) "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited-liability company, association, joint venture, public corporation, government, or

governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

     (4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

the United States.

     (5) "Subpoena" means a document, however denominated, issued under authority of a

court of record requiring a person to:

     (i) Attend and give testimony at a deposition;

     (ii) Produce and permit inspection and copying of designated books, documents, records,

electronically stored information, or tangible things in the possession, custody, or control of the

person; or

     (iii) Permit inspection of premises under the control of the person.


 

 

 

111)

Section

Add Chapter Numbers:

 

9-18.1-3

190 and 241

 

 

9-18.1-3. Issuance of subpoena.

     (a) To request issuance of a subpoena under this section, a party shall submit a foreign

subpoena to:

     (1) A clerk of the superior court in the county in which discovery is sought to be

conducted in this state; or

     (2) A lawyer who is a member in good standing of the bar of this state. A request for the

issuance of a subpoena under this act does not constitute an appearance in the courts of this state.

     (b) When a party submits a foreign subpoena to a clerk of the superior court in this state,

the clerk, in accordance with the court's procedure, shall promptly issue a subpoena for service on

the person to which the foreign subpoena is directed. When a party submits a subpoena to a

lawyer who is a member in good standing of the bar of this state, the lawyer may issue a

subpoena for service on the person to which the foreign subpoena is directed.

     (c) A subpoena under subsection (b) of this section shall:

     (1) Incorporate the terms used in the foreign subpoena;

     (2) Contain or be accompanied by the names, addresses, telephone numbers, and email

addresses of all counsel of record in the proceeding to which the subpoena relates and of any

party not represented by counsel; and

     (3) Otherwise be in a form that complies with the laws of this state.


 

 

 

112)

Section

Add Chapter Numbers:

 

9-18.1-4

190 and 241

 

 

9-18.1-4. Service of subpoena.

     A subpoena issued under � 9-18.1-3 shall be served in compliance with the Rhode Island

superior court rules of civil procedure.


 

 

 

113)

Section

Add Chapter Numbers:

 

9-18.1-5

190 and 241

 

 

9-18.1-5. Deposition, production, and inspection.

     The Rhode Island superior court rules of civil procedure govern subpoenas issued under �

9-18.1-3.


 

 

 

114)

Section

Add Chapter Numbers:

 

9-18.1-6

190 and 241

 

 

9-18.1-6. Application to court.

     An application to the court for a protective order or to enforce, quash, or modify a

subpoena issued under � 9-18.1-3 shall comply with the rules or statutes of this state and be

submitted to the superior court in the county in which discovery is to be conducted.


 

 

 

115)

Section

Add Chapter Numbers:

 

9-18.1-7

190 and 241

 

 

9-18.1-7. Uniformity of application and construction.

     In applying and construing this uniform act, consideration shall be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.


 

 

 

116)

Section

Add Chapter Numbers:

 

9-18.1-8

190 and 241

 

 

9-18.1-8. Application to pending actions.

     This chapter applies to requests for discovery in cases pending on the effective date of

this chapter.


 

 

 

 

 

117)

Section

Amend Chapter Numbers:

 

9-20-4

185 and 256

 

 

9-20-4. Comparative negligence.

     In all actions hereafter brought for personal injuries, or where personal injuries have

resulted in death, or for injury to property, the fact that the person injured, or the owner of the

property or person having control over the property, may not have been in the exercise of due

care or the fact that the danger or defect was open and obvious shall not bar a recovery, but

damages shall be diminished by the finder of fact in proportion to the amount of negligence

attributable to the person injured, or the owner of the property or the person having control over

the property.


 

 

 

118)

Section

Add Chapter Numbers:

 

10-6-12

23 and 24

 

 

10-6-12. Court-approved settlements.

     The following provisions apply solely and exclusively to judicially approved good-faith

settlements of claims relating to the Feld Entertainment/Ringling Brothers Circus accident on

May 4, 2014.

     (a) A release by a claimant of one joint tortfeasor, whether before or after judgment, does

not discharge the other joint tortfeasors unless the release so provides, but such release shall

reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the

release.

     (b) A release by a claimant of one joint tortfeasor relieves them from liability to make a

contribution to another joint tortfeasor.

     (c) For purposes of this section, a good-faith settlement is one that does not exhibit

collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non-

settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors' proportionate share of

liability.


 

 

 

119)

Section

Add Chapter Numbers:

 

12-5-3.17

287 and 299

 

 

12-5-3.17. Complaint for issuance of search warrant -- Town of North Kingstown.

     In addition to those persons specified in � 12-5-3(a), detectives, and any rank above, in

the town of North Kingstown police department, are hereby authorized to sign written

complaints, under oath, for the issuance of search warrants.


 

 

 

120)

Section

Amend Chapter Numbers:

 

15-15-1

59 and 66

 

 

15-15-1. Definitions.

     The following words as used in this chapter have the following meanings:

     (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a

period of time, evidencing a continuity of purpose. Constitutionally protected activity is not

included within the meaning of "course of conduct".

     (2) "Courts" means the family court.

     (3) "Cyberstalking" means transmitting any communication by computer to any person or

causing any person to be contacted for the sole purpose of harassing that person or his or her

family.

     (4) "Domestic abuse" means:

     the The occurrence of one or more of the following acts between present or former

family members, parents, stepparents, a plaintiff parent's minor child(ren) to which the defendant

is not a blood relative or relative by marriage, or persons who are or have been in a substantive

dating or engagement relationship within the past one year in which at least one of the persons is

a minor:

     (i) Attempting to cause or causing physical harm;

     (ii) Placing another in fear of imminent serious physical harm;

     (iii) Causing another to engage involuntarily in sexual relations by force, threat of force,

or duress; or

     (iv) Stalking or cyberstalking.

     (5) "Harassing" means following a knowing and willful course of conduct directed at a

specific person with the intent to seriously alarm, annoy, or bother the person, and which serves

no legitimate purpose. The course of conduct must be such as would cause a reasonable person to

suffer substantial emotional distress, or be in fear of bodily injury.

     (6) "Parents" mean persons who together are the legal parents of one or more children,

regardless of their marital status or whether they have lived together at any time.

     (7) "Present or former family member" means the spouse, former spouse, minor children,

stepchildren, a plaintiff parent's minor child(ren) to which the defendant is not a blood relative or

relative by marriage, minor children of substantive dating partners, or persons who are related by

blood or marriage.

     (8) "Sexual exploitation" means the occurrence of any of the following acts by any

person who knowingly or willfully encourages, aids, or coerces any child under the age of

eighteen (18) years:

     (i) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting,

providing, persuading, obtaining, or maintaining, or so attempts, any minor for the purposes of

commercial sex acts or sexually explicit performances; or selling or purchasing a minor for the

purposes of commercial sex acts.

     (A) "Commercial sex act" means any sex act or sexually explicit performance on account

of which anything of value is given, promised to, or received, directly or indirectly, by any

person.

     (B) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the

sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or

private, live, photographed, recorded, or videotaped.

     (9) "Stalking" means harassing another person or willfully, maliciously, and repeatedly

following another person with the intent to place that person in reasonable fear of bodily injury.

     (10) "Substantive dating" or "engagement relationship" means a significant and

personal/intimate relationship which that shall be adjudged by the court's consideration by of the

following factors:

     (i) The length of time of the relationship;

     (ii) The type of relationship; and

     (iii) The frequency of interaction between the parties.


 

 

 

121)

Section

Amend Chapter Numbers:

 

15-15-3

42 and 46

 

 

15-15-3. Protective orders -- Penalty -- Jurisdiction.

     (a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the

director of the department of children, youth and families ("DCYF") or its designee for a child in

the custody of DCYF, pursuant to �� 40-11-7 and 40-11-7.1, suffering from domestic abuse or

sexual exploitation as defined in � 15-15-1, may file a complaint in the family court requesting

any order that will protect and support her or him from abuse or sexual exploitation, including,

but not limited to, the following:

     (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or

elsewhere, whether the defendant is an adult or a minor;

     (2) Ordering the defendant to vacate the household immediately, and further providing in

the order for the safety and welfare of all household animals and pets;

     (3) Awarding the plaintiff custody of the minor children of the parties, if any;

     (4) Ordering the defendant to surrender physical possession of all firearms in his or her

possession, care, custody, or control and shall further order a person restrained not to purchase or

receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The

defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective

order to the Rhode Island state police or local police department or to a federally licensed

firearms dealer.

     (i) A person ordered to surrender possession of any firearm(s) pursuant to this section

shall, within seventy-two (72) hours after being served with the order, either:

     (A) File with the court a receipt showing the firearm(s) was physically surrendered to the

Rhode Island state police or local police department, or to a federally licensed firearms dealer; or

     (B) Attest to the court that, at the time of the order, the person had no firearms in his or

her immediate physical possession or control, or subject to their immediate physical possession or

control, and that the person, at the time of the attestation, has no firearms in their immediate

physical possession or control, or subject to their immediate physical possession or control.

     (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed

firearms dealer pursuant to this section, the person restrained under this section may instruct the

federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance

with state and federal law, to a qualified named individual who is not a member of the person's

dwelling house, who is not related to the person by blood, marriage, or relationship as defined by

� 15-15-1(7), and who is not prohibited from possessing firearms under state or federal law. The

owner of any firearm(s) sold shall receive any financial value received from its sale, less the cost

associated with taking possession of, storing, and transferring of the firearm(s).

     (iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this

subsection shall be prohibited from transferring or returning any firearm(s) to the person

restrained under this section while the protective order remains in effect and shall be informed of

this prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a

fine of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less

than one year and not more than five (5) years, or both.

     (iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this

subsection shall return a firearm(s) to the person formerly restrained under this section only if the

person formerly restrained under this section provides documentation issued by a court indicating

that the restraining order issued pursuant to this section that prohibited the person from

purchasing, carrying, transporting, or possessing firearms has expired and has not been extended;

     (5) After notice to the respondent and a hearing, ordering either party to make payments

for the support of a minor child or children of the parties as required by law for a period not to

exceed ninety (90) days, unless the child support order is for a child or children receiving public

assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the division of

taxation, child support enforcement, shall be notified as a party in interest to appear for the

purpose of establishing a child support order under a new or existing docket number previously

assigned to the parties and not under the protective docket number. The child support order shall

remain in effect until the court modifies or suspends the order.

     (b) After notice to the respondent and a hearing, which shall be held within fifteen (15)

days of surrendering said firearms, the court, in addition to any other restrictions, may, for any

protective order issued after or renewed on or after July 1, 2017, continue the order of surrender,

and shall further order a person restrained under this section not to purchase or receive, or attempt

to purchase or receive, any firearms while the protective order is in effect.

     (c) The Family Court family court shall provide a notice on all forms requesting a

protective order that a person restrained under this section shall be ordered pursuant to � 11-47-5

to surrender possession of any firearms while the protective order is in effect. The form shall

further provide that any person who has surrendered his or her firearms shall be afforded a

hearing within fifteen (15) days of surrendering his or her firearms.

     (d) Any firearm surrendered in accordance with this section to the Rhode Island state

police or local police department shall be returned to the person formerly restrained under this

section upon his or her request when:

     (1) The person formerly restrained under this section produces documentation issued by a

court indicating that the restraining order issued pursuant to this section that prohibited the person

from purchasing, carrying, transporting, or possessing firearms has expired and has not been

extended; and

     (2) The law enforcement agency in possession of the firearms determined that the person

formerly restrained under this section is not otherwise prohibited from possessing a firearm under

state or federal law.

     (3) The person required to surrender their firearms pursuant to this section shall not be

responsible for any costs of storage of any firearms surrendered pursuant to this section.

     (e) The Rhode Island state police are authorized to develop rules and procedures

pertaining to the storage and return of firearms surrendered to the Rhode Island state police or

local police departments pursuant to this section. The Rhode Island state police may consult with

the Rhode Island Police Chiefs' Association in developing rules and procedures.

     (f) Nothing in this section shall be construed to limit, expand, or in any way modify

orders issued under � 12-29-7 or � 15-5-19.

     (g) Nothing in this section shall limit a defendant's right under existing law to petition the

court at a later date for modification of the order.

     (h) The court shall immediately notify the person suffering from domestic abuse whose

complaint gave rise to the protective order, and the law enforcement agency where the person

restrained under this section resides, of the hearing.

     (i) The person suffering from domestic abuse, local law enforcement, and the person

restrained under this section shall all have an opportunity to be present and to testify when the

court considers the petition.

     (j) At the hearing, the person restrained under this section shall have the burden of

showing, by clear and convincing evidence, that, if his or her firearm rights were restored, he or

she would not pose a danger to the person suffering from domestic abuse or to any other person.

     (1) In determining whether to restore a person's firearm rights, the court shall examine all

relevant evidence, including, but not limited to: the complaint seeking a protective order; the

criminal record of the person restrained under this section; the mental health history of the person

restrained under this section; any evidence that the person restrained under this section has, since

being served with the order, engaged in violent or threatening behavior against the person

suffering from domestic abuse or any other person.

     (2) If the court determines, after a review of all relevant evidence and after all parties

have had an opportunity to be heard, that the person restrained under this section would not pose

a danger to the person suffering from domestic abuse or to any other person if his or her firearm

rights were restored, then the court may grant the petition and modify the protective order and lift

the firearm prohibition.

     (3) If the court lifts a person's firearms prohibition pursuant to this subsection, the court

shall issue the person written notice that he or she is no longer prohibited under this section from

purchasing or possessing firearms while the protective order is in effect.

     (k) The prohibition against possessing a firearm(s) due solely to the existence of a

domestic violence restraining order issued under this section shall not apply with respect to sworn

peace officers as defined in � 12-7-21 and active members of military service, including members

of the reserve components thereof, who are required by law or departmental policy to carry

departmental firearms while on duty or any person who is required by his or her employment to

carry a firearm in the performance of his or her duties. Any individual exempted pursuant to this

exception may possess a firearm only during the course of his or her employment. Any firearm

required for employment must be stored at the place of employment when not being possessed for

employment use; all other firearm(s) must be surrendered in accordance with this section.

     (l) Upon motion by the plaintiff, his or her address shall be released only at the discretion

of the family court judge.

     (m)(1) Any violation of the protective orders in subsection (a) of this section shall subject

the defendant to being found in contempt of court.

     (2) The contempt order shall not be exclusive and shall not preclude any other available

civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not

to exceed three (3) years, at the expiration of which time the court may extend any order, upon

motion of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff

from abuse. The court may modify its order at any time upon motion of either party.

     (n)(1) Any violation of a protective order under this chapter of which the defendant has

actual notice shall be a misdemeanor that shall be punished by a fine of no more than one

thousand dollars ($1,000) or by imprisonment for not more than one year, or both.

     (2) The penalties for violation of this section shall also include the penalties as provided

by � 12-29-5.

     (o) Actual notice means that the defendant has received a copy of the order by service or

by being handed a copy of the order by a police officer pursuant to � 15-15-5(d).

     (p)(1) The district court shall have criminal jurisdiction over all adult violations of this

chapter.

     (2) The family court shall have jurisdiction over all juvenile violations of this chapter.


 

 

 

122)

Section

Amend Chapter Numbers:

 

15-15-5

59 and 66, 63 and 68

 

 

15-15-5. Duties of police officers.

     (a) Whenever any police officer has reason to believe that a family member or parent has

been abused, that officer shall use all reasonable means to prevent further abuse, including:

     (1) Remaining on the scene as long as there is a danger to the physical safety of the

person or until the person is able to leave the dwelling unit;

     (2) Assisting the person in obtaining medical treatment necessitated by an assault,

including obtaining transportation to an emergency medical treatment facility;

     (3) Giving the person immediate and adequate notice of his or her rights under this

chapter;

     (4) Arresting the abusive person pursuant to the arrest provisions in � 12-29-3; and

     (5) Reporting any physical injury to a minor child or a threat to physically injure a minor

child within twenty-four (24) hours of his or her investigation to CANTS (Child abuse and

neglect tracking system).

     (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

     SPOUSE, FORMER SPOUSE, BLOOD RELATIVE, CHILDREN IN COMMON,

MINORS IN SUBSTANTIVE DATING OR ENGAGEMENT RELATIONSHIP, PLAINTIFF

PARENT'S MINOR CHILD(REN) TO WHICH DEFENDANT IS NOT A BLOOD RELATIVE

OR RELATIVE BY MARRIAGE.

     "If your attacker is your spouse, former spouse, or person to whom you are related by

blood or marriage, or if you are not married to your attacker but have a child in common, or if

you and/or your attacker is a minor who have been in a substantive dating or engagement

relationship within the past six (6) months one year, you have the right to go to the family court

and request:

     "(1) An order restraining your attacker from abusing you, or your minor child, or a

plaintiff parent's minor child(ren) to which the defendant is not a blood relative or relative by

marriage;

     "(2) An order awarding you exclusive use of your marital domicile;

     "(3) An order awarding you custody of your minor child."

     UNMARRIED/NOT RELATED COHABITANTS WITHIN THE PAST THREE

YEARS, OR HAVE BEEN IN A SUBSTANTIVE DATING OR ENGAGEMENT

RELATIONSHIP WITHIN THE PAST SIX (6) MONTHS ONE YEAR

     "If you are not married or related to your attacker, but have resided with him or her

within the past three (3) years, or you are in or have been in a substantive dating or engagement

relationship with your attacker within the past six (6) months one year, you have the right to go to

the district court and request:

     "(1) An order restraining your attacker from abusing you;

     "(2) An order directing your attacker to leave your household, unless he or she has the

sole legal interest in the household."

     ADDITIONAL RIGHTS.

     "If you are in need of medical treatment, you have the right to have the officer present

obtain transportation to an emergency medical treatment facility.

     "If you believe that police protection is needed for your physical safety, you have the

right to have the officer present remain at the scene until you and your children can leave or until

your safety is otherwise ensured.

     "You have the right to file a criminal complaint with the responding officer or your local

police department if the officer has not arrested the perpetrator."

     (c) A police officer shall ensure enforcement of the terms of a protective order issued

pursuant to this chapter including, but not limited to, accompanying a family member or parent to

his or her dwelling or residence in order to secure possession of the dwelling or residence.

     (d) When service of the temporary order issued pursuant to � 15-15-4 has not been made

and/or after a permanent order is entered, a police officer shall give notice of the order to the

defendant by handing him or her a certified copy of the order. The officer shall indicate that he or

she has given notice by writing on plaintiff 's copy of the order and the police department's copy

of the order, the date and time of giving notice and the officer's name and badge number. The

officer shall indicate on the offense report that actual notice was given.

 

 

15-15-5. Duties of police officers

 

 

 (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

     SPOUSE, FORMER SPOUSE, BLOOD RELATIVE, CHILDREN IN COMMON,

MINORS IN SUBSTANTIVE DATING OR ENGAGEMENT RELATIONSHIP.

     "If your attacker is your spouse, former spouse, or person to whom you are related by

blood or marriage, or if you are not married to your attacker but have a child in common, or if

you and/or your attacker is a minor who have been in a substantive dating or engagement

relationship within the past six (6) months one year, you have the right to go to the family court

and request:

     "(1) An order restraining your attacker from abusing you or your minor child;


 

 

 

123)

Section

Amend Chapter Numbers:

 

15-15-6

59 and 66

 

 

15-15-6. Form of complaint.

     (a) A form in substantially the following language shall suffice for the purpose of filing a

complaint under this chapter:

STATE OF RHODE ISLAND FAMILY COURT

COUNTY OF

:

Plaintiff :

:

VS. : F.C. NO.

:

:

Defendant:

COMPLAINT FOR PROTECTION FROM ABUSE

     Pursuant to Chapter 15 of this title, I request that the court enter an order protecting me

from abuse.

     (1) My full name, present street address, city, and telephone number are as

follows:

     

     (2) My former residence, which I have left to avoid abuse, is as follows (street address

and city):

     

     (3) The full name, present street address, city, and telephone number of the person

causing me abuse (the defendant) are as follows:

     

     (4) My relationship to the defendant is as follows:

     ______ We (are) (were formerly) married to one another.

     ______ I am the defendant's (child) (parent).

     ______ I am the blood relative or relative by marriage of the defendant;

specifically, the defendant is my

     ______ I and the defendant are together the legal parents of one or more children in

common.

     ______ I and the defendant have had a substantive dating or engagement relationship.

     ______ I am a parent of a minor child(ren) in my care or custody, to which defendant is

not a blood relative or relative by marriage.

     (5) On or about ________________________________, I suffered abuse when the

defendant:

     ______ Threatened or harmed me with a weapon; (type of weapon used: _________)

     ______ Attempted to cause me physical harm;

     ______ Caused me physical harm;

     ______ Placed me in fear of imminent physical harm;

     ______ Caused me to engage involuntarily in sexual relations by force, threat of

force, or duress. Specifically, the defendant

     

     

     

     

     (6) I ask that:

     ______ The court order that the defendant be restrained and enjoined from contacting,

assaulting, molesting, or otherwise interfering with the plaintiff at home, on the street or

elsewhere.

     ______ The court order the defendant to immediately leave the household which is

located at

     

     ______ The court award me temporary custody of the following minor child(ren)(the

defendant and I are husband and wife):

     Names Date of Birth

     That

     

     

     I request that the above relief be ordered without notice because it clearly appears from

specific facts shown by affidavit or by the verified complaint that I will suffer immediate and

irreparable injury, loss, or damage before notice can be served and a hearing had thereon. I

understand that the court will schedule a hearing no later than twenty-one (21) days after the

order is entered on the question of continuing the temporary order.

     (7) I have not sought protection from abuse from any other judge of the family court

arising out of the facts or circumstances alleged in this complaint.

     (8) That the court award me support for my minor children as required by law for a

period not to exceed ninety (90) days.

     

(Signature) (Date)

     Subscribed and sworn to before me in ____________________________ in the county of

     __________________________ in the state of Rhode Island and Providence Plantations,

     this __________ day of ____________________________ A.D. 20________.

___________________

Notary Public

     Note: If this complaint is filed by an attorney, the attorney's certificate should appear as

below:

ATTORNEY CERTIFICATE

Signed:

Attorney for Plaintiff

Address:

Date: ____________________, 20

     WHITE COPY -- Court

     YELLOW COPY -- Plaintiff

     PINK COPY -- Defendant

     GOLDENROD COPY -- Police Department

     (b) A form in substantially the following language shall suffice for the purpose of

requesting temporary orders under this chapter:

STATE OF RHODE ISLAND FAMILY COURT

COUNTY OF

:

Plaintiff :

:

VS. : F.C. NO.

:

:

Defendant:

TEMPORARY ORDER PURSUANT TO CHAPTER 15 OF

THIS TITLE GENERAL LAWS OF RHODE ISLAND

     Upon consideration of plaintiff's complaint and having found that immediate and

irreparable injury, loss, or damage will result to the plaintiff before a notice can be served and a

hearing had thereon it is ORDERED:

     ______ That the defendant is restrained and enjoined from contacting, assaulting,

molesting, or otherwise interfering with plaintiff and any minor children of the plaintiff at home,

on the street, or elsewhere, to wit, __________________________________________________

     _______________________________________________________________________

     ______ That the defendant vacate forthwith the household located at

     

     ______ That the plaintiff, being the [husband] [wife] of the defendant, be and

[s]he hereby is awarded temporary custody of the minor child[ren], to wit,

     

     ______ That the defendant pay to the plaintiff for the support of the minor child(ren) the

sum of $______ per ______.

     ______ That

     

     

     A hearing on the continuation of this ORDER will be held at the family court,

__________________County, at _________ [A.M.] [P.M.] on ___________________________.

If the defendant wishes to be heard, [s]he will be heard at that time. If [s]he does not appear at

that time, this ORDER shall remain in effect.

     This ORDER is effective forthwith, and will remain in effect until the time and date of

the above-mentioned hearing.

     A copy of this ORDER shall be transmitted to the appropriate local law enforcement

agency forthwith, and shall be served in-hand on the defendant herein.

     ENTERED as an order of court this __________ day of ______________, A.D. 20__.


 

 

 

124)

Section

Amend Chapter Numbers:

 

16-1-5

224 and 259

 

 

16-1-5. Duties of commissioner of elementary and secondary education.

     It shall be the duty of the commissioner of elementary and secondary education:

     (1) To carry out the policies and program formulated by the board of regents for

elementary and secondary education council on elementary and secondary education.

     (2) To evaluate credentials of applicants for certificates, to verify that the certification of

teachers is in accordance with law and established standards, and to issue certificates at the

direction of the board.

     (3) To certify the approval of accredited schools.

     (4) To recommend to the board an outline of the subjects and courses of study and the

instructional standards for elementary and secondary schools.

     (5) To approve the distribution of state school funds in accordance with law and the

regulations of the board.

     (6) To verify that school sites and school building plans are in accordance with law and

regulations.

     (7) To exercise supervision over school libraries and library services.

     (8) To certify that school bus routes and schedules and all contracts for pupil

transportation conform with provisions of law and the rules and regulations of the board.

     (9) To require the observance of all laws relating to schools and education.

     (10) To interpret school law and to decide such controversies as may be appealed to the

commissioner from decisions of local school committees.

     (11) To prepare and recommend standard forms for the use of local schools.

     (12)(i) To prepare, with the assistance of the department of administration, manuals of

uniform budgetary and standard financial records and procedures for local school officers. The

board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989,

and those procedures should include, at a minimum, the following:

     (A) Provision for uniform classification of revenues and expenditures;

     (B) Requirements of detailed expenditure estimates and a table of organization including

the proposed staffing of each school;

     (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the

current and ensuing fiscal years; and

     (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000)

not otherwise appropriated shall be included in the appropriation made to support the department

of elementary and secondary education.

     (13) To receive general supervision from the board of regents for elementary and

secondary education council on elementary and secondary education and to appoint the several

officers and employees of the department subject to the provisions of the State Merit System Act

state merit system act, chapters 3 and 4 of title 36.

     (14) To establish health education, alcohol and substance abuse programs for students in

grades kindergarten (K) through twelve (12), in accordance with � 35-4-18. The program will

consist of the following: A mandated state health education, alcohol and substance abuse,

curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in

the areas of health, fitness, alcohol and substance abuse, and an in-service training program which

that will be developed specifically for the implementation of the mandated curriculum.

     (15)(i) To appoint a three-(3) member (3) committee for the purpose of choosing a

"teacher of the year" among teachers in public school grades kindergarten (K) through twelve

(12). The "teacher of the year" shall receive an award of one thousand dollars ($1,000).

     (ii) It is the intent of the general assembly that the funds necessary to carry out the

provisions of this subdivision shall be provided within the annual appropriations act.

     (16) To institute a process to review, revise, and adopt statewide academic standards that

align with state assessments for the core subjects of mathematics, English language arts, science

and technology, history and social studies, world languages, and the arts.

     (17) To institute a process for adapting, adopting, and developing curriculum frameworks

for mathematics, English language arts, science and technology, history and social studies, world

languages, and the arts covered by the academic standards.

     (18) To institute a process for reviewing and identifying high-quality curriculum and

materials in mathematics, English language arts, and science and technology.

     (19) To prepare each year a plan for providing statewide assistance in the preparation and

implementation of professional development plans.

     SECTION 2. Sections 16-2-9 and 16-2-11 of the General Laws in Chapter 16-2 entitled

"School Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of

Education Act]" are hereby amended to read as follows:


 

 

125)

Section

Amend Chapter Numbers:

 

16-2-9

224 and 259

 

 

16-2-9. General powers and duties of school committees.

     (a) Unless the responsibility is otherwise delegated by this chapter, the The entire care,

control, and management of all public school interests of the several cities and towns shall be

vested in the school committees of the several cities and towns. School committees shall have, in

addition to those enumerated in this title, the following powers and duties:

     (1) To identify educational needs in the community.

     (2) To develop education policies to meet the needs of the community.

     (3) To provide for and assure ensure the implementation of federal and state laws, the

regulations of the board of regents for elementary and secondary education council on

elementary and secondary education, and of local school policies, programs, and directives.

     (4) To provide for the evaluation of the performance of the school system.

     (5) To have responsibility for the care and control of local schools.

     (6) To have overall policy responsibility for the employment and discipline of school

department personnel.

     (7) To approve a master plan defining goals and objectives of the school system. These

goals and objectives shall be expressed in terms of what men and women should know and be

able to do as a result of their educational experience. The committee shall periodically evaluate

the efforts and results of education in light of these objectives.

     (8) To provide for the location, care, control, and management of school facilities and

equipment.

     (9) To adopt a school budget to submit to the local appropriating authority.

     (10) To adopt any changes in the school budget during the course of the school year.

     (11) To approve expenditures in the absence of a budget, consistent with state law.

     (12) To employ a superintendent of schools and assign any compensation and other terms

and conditions as the school committee and superintendent shall agree, provided that in no event

shall the term of employment of the superintendent exceed three (3) years. Nothing contained in

this chapter shall be construed as invalidating or impairing a contract of a school committee with

a school superintendent in force on May 12, 1978.

(13) To give advice and consent on the appointment by the superintendent of all school

department personnel.

     (14)(13) (14) To establish minimum standards for personnel, to adopt personnel policies,

and to approve a table of organization.

     (15)(14) (15) To establish standards for the evaluation of personnel.

     (16)(15) (16) To establish standards for conduct in the schools and for disciplinary

actions.

     (17)(16) (17) To hear appeals from disciplinary actions.

     (18)(17) (18) To enter into contracts; provided, however, that notwithstanding any other

provision of the general or public laws, whether of specific or general application, and

notwithstanding the provisions of any charter of any municipality where the school committee is

appointed and not elected, but not including, the Central Falls school district board of trustees

established by � 16-2-34, the power and duty to enter into collective bargaining agreements shall

be vested in the chief executive officer of the municipality and not in the school committee.

     (19)(18) (19) To publish policy manuals which that shall include all school committee

policies.

(20)(19) (20) To establish policies governing curriculum, courses of instruction, and text

books.

     (21)(20) (21) To provide for transportation services which that meet or exceed standards

of the board of regents for elementary and secondary education council on elementary and

secondary education.

     (22)(21) (22) To make any reports to the department of education as are required by the

board of regents for elementary and secondary education council on elementary and secondary

education.

     (23)(22) (23) To delegate, consistent with law, any responsibilities to the superintendent

as the committee may deem appropriate.

     (24)(23) (24) To address the health and wellness of students and employees.

     (25)(24) (25) To establish a subcommittee of the school board or committee to decrease

obesity and address school health and wellness policies for students and employees consistent

with � 16-21-28.

     (26)(25) (26) To annually undertake a minimum of six (6) hours of professional

development as set forth and described in � 16-2-5.1.

     (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or

to allow any school committee to abrogate any agreement reached by collective bargaining.

     (c) The elected school committees of each city, town, or regional school district, or the

chief executive officer of any municipality having an appointed school committee, shall have the

power to bind their successors and successor committees by entering into contracts of

employment in the exercise of their governmental functions.

     (d) Notwithstanding any provisions of the general laws to the contrary, the requirement

defined in subsections (d) through (f) of this section shall apply. The school committee of each

school district shall be responsible for maintaining a school budget which that does not result in a

debt.

     (e) The school committee shall, within thirty (30) days after the close of the first and

second quarters of the state's fiscal year, adopt a budget as may be necessary to enable it to

operate without incurring a debt, as described in subsection (d).

     (f) In the event that any obligation, encumbrance, or expenditure by a superintendent of

schools or a school committee is in excess of the amount budgeted or that any revenue is less than

the amount budgeted, the school committee shall within five (5) working days of its discovery of

potential or actual over expenditure or revenue deficiency submit a written statement of the

amount of and cause for the over obligation or over expenditure or revenue deficiency to the city

or town council president and any other person who by local charter or statute serves as the city

or town's executive officer; the statement shall further include a statement of the school

committee's plan for corrective actions necessary to meet the requirements of subsection (d). The

plan shall be approved by the auditor general and also submitted to the division of municipal

finance.

     (g) Notwithstanding any other provision of law, whether of general or specific

application, and notwithstanding any contrary provision of any city or town charter or ordinance,

the elected school committee of any city, town, and regional school district shall be, and is hereby

authorized to retain, the services of such independent legal counsel as it may deem necessary and

convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the

school committee, and in no event shall the independent counsel be deemed to be an employee of

the pertinent city or town for any purpose.


 

 

 

126)

Section

Amend Chapter Numbers:

 

16-2-11

224 and 259

 

 

16-2-11. General powers and duties of superintendent.

     (a) The superintendent of schools employed in accordance with the provisions of this

chapter shall, under the direction of the school committee, have the care and supervision of the

public schools and shall be the chief administrative agent of the school committee. The

superintendent shall have any duties as are defined in this section and in this title and any other

duties as may be determined by the school committee, and shall perform any other duties as may

be vested in him or her by law. In addition to the care and supervision of public schools and the

appointment of employees of the district, it shall be the duty of the superintendent:

     (1) To implement policies established by the school committee.

     (2) To recommend educational plans, policies, and programs to meet the needs of the

district.

     (3) To recommend policies governing curriculum, courses of instruction, textbooks, and

transportation of students.

     (4) To comply with provisions of federal and state law and local charter provisions and

ordinances.

     (5) To have administrative responsibility for the school system.

     (6) To oversee the care, control, and management of school facilities and equipment. To

appoint principals for each public school within the district at levels of compensation determined

in accordance with policies established by the school committee.

     (7) To appoint all school department personnel with the consent of the school committee.

To appoint administrators and other personnel not assigned to individual schools. Also, to

appoint, at the recommendation of the principal, personnel at individual schools in accordance

with policies established by school district policies and collective bargaining agreements.

     (8) To administer oversee the personnel function of the school department consistent with

personnel standards, policies, and the table of organization established by the school committee.

     (9) To provide for the evaluation of department personnel appointed by the

superintendent.

     (10) To prepare a school budget for consideration by the school committee.

     (11) To authorize purchases consistent with the adopted school budget, policies and

directives of the school committee, and applicable municipal policies, ordinances, and charter

provisions.

     (12) To be responsible for keeping the records of the school system.

     (13) To report to the school committee on a regular basis the financial condition of the

school system.

     (14) To be responsible for oversee discipline in the school system.

     (15) To evaluate all schools within the school system and to report to the school

committee the conformity with regulations of the board of regents council on elementary and

secondary education and the policies, programs, and directives of the school committee.

     (16) To report to the school committee on the operation of the school system, including

an annual report on the district's progress.

     (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or

to allow any school superintendent to abrogate any agreement reached by collective bargaining.

     (c) If at any time during the fiscal year the superintendent of schools determines, or is

notified by the city or town chief charter officer or treasurer, that the estimated school expenses

may exceed all revenue appropriated by the state or city or town or otherwise for public schools

in the city or town, the superintendent of schools shall recommend to the school committee and

shall, in order to provide for continuous regular public school operations consistent with the

requirements of � 16-2-2 without regard to financial conditions, subsequently report to the city or

town treasurer and chief charter officer what action will be taken to prevent an excess of

expenditures, encumbrances, and accruals over revenues for public schools in the city or town.

     SECTION 3. Chapter 16-2 of the General Laws entitled "School Committees and

Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended by adding thereto the following section:


 

 

 

127)

Section

Add Chapter Numbers:

 

16-2-11.1

117 and 151

 

 

16-2-11.1. General powers and duties of school principals.

     (a) Principals employed under this section shall be the educational administrators and

managers of their schools and shall supervise the operation and management of their schools and

school property, subject to the supervision and direction of the superintendent. The principal shall

have any duties as are defined in this section and in this title and shall perform any other duties as

may be vested in him or her by law. In addition to serving as the educational administrator and

manager of his or her school, it shall be the duty of the principal:

     (1) In consultation with the school improvement team, to recommend the hiring of all

teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to

the school, consistent with district personnel policies, collective bargaining agreements, and

budgetary restrictions, and subject to the approval of the superintendent. Provided, that the hiring

of employees may not interfere with the layoff or recall rights provided in collective bargaining

agreements and the provisions of �16-13-6.

     (2) To recommend the termination of any teachers, athletic coaches, instructional or

administrative aides, and other personnel assigned to the school, consistent with district personnel

policies, collective bargaining agreements, and budgetary restrictions, subject to review and prior

approval by the superintendent and subject to the provisions of this chapter.

     (3) To oversee the care, control, and management of school facilities and equipment.

     (4) In consultation with the school improvement team, to prepare a school budget for

consideration by the superintendent.

     (5) To provide for the evaluation of personnel assigned to the school, including all

teachers, consistent with the standards developed by the school committee pursuant to � 16-2-

9(a)(14)9(a)(15).

     (6) In cooperation with the district�s leadership, to initiate a performance review plan for

the school and for individual teachers.

     (b) It shall be the responsibility of the principal, in consultation with professional staff of

the building, to promote participatory decision making among all professional staff for the

purpose of developing educational policy.

     (c) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or

to allow any school principal to abrogate any agreement reached by collective bargaining.

     (d) Recognizing that there may be a transition period necessary to implement the

provisions of this section, all local education agencies, as defined in chapter 97.1 of title 16, shall

ensure that the implementation of the powers and duties of school principals as provided by this

section are adopted and implemented as soon as practical, but no later than August 1, 2021.


 

 

 

 

 

 

128)

Section

Add Chapter Numbers:

 

16-11-9

117 and 151

 

 

16-11-9. Fast-track principal certification program.

     (a) The department of elementary and secondary education (the "department") shall

establish a fast-track principal certification program.

     (b) The fast-track principal certification program shall include, but need not be limited to,

the following courses:

     (1) School finance;

     (2) School law; and

     (3) Program evaluation, including data analysis.

     (c) Participants will earn a principal certification after successful completion of the

courses, from a program approved by the department, required in subsection (b) of this section,

and successful completion of the following three (3) requirements:

     (1) A year-long internship shadowing a principal in the district where the participant is

currently employed;

     (2) Leading a district- districtwide or school-wide schoolwide initiative; and

     (3) Successfully passing assessment requirements for Rhode Island principal certification.

     (d) To be eligible for admission into the fast-track principal certification program, an

applicant shall:

     (1) Have a minimum of ten (10) years' experience as a teacher rated "effective" or "highly

effective";

     (2) Have a recommendation from the superintendent(s) of the local education agency

(LEA) or agencies in which the applicant worked as a teacher previously, or is working currently;

     (3) Have a record of consistent leadership within an LEA, demonstrated through serving

as a facilitator of professional development, a dean, a district coach, a department chair, or in

another leadership position within a school or LEA; and

     (4) Possess a master's degree or higher.

     (e) Participants who earn a principal certification pursuant to this section shall complete a

department-approved leadership development program to build leadership skills that support

teaching and learning within the first renewal cycle of their certification.

     (f) For the purposes of this section, "local education agencies" shall include all of the

following within the state:

     (1) Public school districts;

     (2) Regional school districts;

     (3) State-operated schools;

     (4) Regional collaborative schools; and

     (5) Charter schools.


 

 

 

129)

Section

Add Chapter Numbers:

 

16-11.4-6

112 and 155

 

 

16-11.4-6. Right to read act.

     (a) This section shall be known and may be cited as the "Right to Read Act".

     (b) No later than 2025, the following shall have proficient knowledge and skills to teach

reading consistent with the best practices of scientific reading instruction and structured literacy

instruction:

     (1) A person who completes a state-approved educator preparation program; and

     (2) A person seeking teacher licensure by reciprocity or by adding an endorsement.

     In addition, no later than 2025, a person who completes a state-approved educator

preparation program, other than a teacher of elementary education program, shall demonstrate an

awareness of the best practices of scientific reading instruction and structured literacy instruction.

      (d)(c) Beginning later than the 2024-2025 school year, each state-approved educator

preparation program shall post on its website information describing its program to prepare

teachers to teach reading with scientific reading instruction and structured literacy instruction;

aligned with, but not limited to, the content measured by the stand-alone reading assessment

adopted by the Rhode Island board of education act.

      (e)(d) Beginning with the 2020-2021 school year, a public school district and an open-

enrollment public charter school shall provide the following professional development in

scientific reading instruction and structured literacy instruction:

     (1) For teachers licensed at the elementary level, professional development for one of the

prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific

reading instruction and structured literacy instruction; and

     (2) For teachers licensed at a level other than the elementary level, professional

development for one of the prescribed pathways to obtaining an awareness credential in

knowledge and practices in scientific reading instruction and structured literacy instruction.

      (f)(e) Beginning with the 2022-2023 school year, a public school that does not provide

the professional development pursuant to the provisions of subsection (d) of this section shall:

     (1) Be placed on probationary status; and

     (3)(2) Provide notice to parents that the public school district has not met the

requirements of this section.

     (g)(f) By the beginning of the 2023-2024 school year:

     (1) All teachers employed in a teaching position that requires an elementary education

(K-6) license, or (K-12) license, shall demonstrate proficiency in knowledge and practices of

scientific reading and structured literacy instruction; and

     (2) All other teachers shall demonstrate awareness in knowledge and practices of

scientific reading instruction, and structured literacy instruction.

     (h)(g) All teachers who begin employment in the 2023-2024 school year and each school

year thereafter shall demonstrate proficiency or awareness in knowledge and practices in

scientific reading instruction and structured literacy instruction as is applicable to their teaching

position by completing the prescribed proficiency or awareness in knowledge and practices of the

scientific reading instruction credential and a structured literacy instruction credential either:

     (1) As a condition of licensure; or

     (2) Within one year if the teacher is:

     (i) Already licensed; or

     (ii) Employed under a waiver from licensure.

     (i)(h) A provider of a state-approved educator preparation program shall include in its

annual report to the department of elementary and secondary education (the "department") a

description of program to prepare educators to teach reading using with scientific reading

instruction and structured literacy instruction.

     (j)(i) A public school district that employs an educator in violation of this section or that

does not provide the professional development as required under this section shall be in violation

of the standards for accreditation of the Rhode Island board of education act, and the school

district may be placed on probationary status by the department. A public school district placed

on probationary status pursuant to the provisions of this subsection shall send written notification

to the parents of the students in the public school district of the reason for being placed on

probationary status.

(k)(j) A provider of a state-approved educator preparation program that does not comply

with the requirements of this section may be subject to penalties up to and including having the

provider's approval status revoked.

     (l)(k) The department is vested with the authority to, and shall enforce, this section.

(m)(l) The department shall promulgate rules to implement the provisions of this section.

     (n)(m) As used in this section:

     (1) The term "scientific reading instruction" means instruction that is instructional

centered, empirically based, and further based on the study of the relationship between cognitive

science and educational outcomes; and

     (2) The term "structured literacy instruction" means an approach by which licensed

personnel teach reading, which includes syllables, morphology, sound-symbol correspondence,

semantics, and syntax, in an explicit, systematic, and diagnostic manner.


 

 

 

 

130)

Section

Amend Chapter Numbers:

 

16-16-22

205 and 271

 

 

16-16-22. Contributions to state system.

     (a) Prior to July 1, 2012, each teacher shall contribute into the system nine and one-half

percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and

allowances. Effective July 1, 2012, each teacher shall contribute an amount equal to three and

three quarters percent (3.75%) of his or her compensation. Effective July 1, 2015, each teacher

with twenty (20) or more years of total service as of June 30, 2012, shall contribute an amount

equal to eleven percent (11%) of his or her compensation. The employer contribution on behalf of

teacher members of the system shall be in an amount that will pay a rate percent of the

compensation paid to the members, according to the method of financing prescribed in the State

Retirement Act state retirement act in chapters 8 -- 10 and 10.3 of title 36. This amount shall be

paid forty percent (40%) by the state, and sixty percent (60%) by the city, town, local educational

agency, or any formalized commissioner-approved cooperative service arrangement by whom the

teacher members are employed, with the exception of teachers who work in federally funded

projects and further with the exception of any supplemental contributions by a local municipality

employer under chapter 36-10.3 10.3 of title 36 which supplemental employer contributions shall

be made wholly by the local municipality. Provided, however, that the rate percent paid shall be

rounded to the nearest hundredth of one percent (.01%).

     (b) The employer contribution on behalf of teacher members of the system who work in

fully or partially federally funded programs shall be prorated in accordance with the share of the

contribution paid from the funds of the federal, city, town, or local educational agency, or any

formalized commissioner-approved cooperative service arrangement by whom the teacher

members are approved.

     (c) In case of the failure of any city, town, or local educational agency, or any formalized

commissioner-approved cooperative service arrangement, to pay to the state retirement system

the amounts due from it under this section within the time prescribed, the general treasurer is

authorized to deduct the amount from any money due the city, town, or local educational agency

from the state.

     (d) The employer's contribution shared by the state shall be paid in the amounts

prescribed in this section for the city, town, or local educational agency and under the same

payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local

educational agency or any formalized commissioner-approved cooperative service arrangement

shall remit to the general treasurer of the state the local employer's share of the teacher's

retirement payments on a monthly basis, payable by the fifteenth (15th) of the following month

on the date contributions are withheld but no later than three (3) business days following the pay

period ending in which contributions were withheld. The amounts that would have been

contributed shall be deposited by the state in a special fund and not used for any purpose. The

general treasurer, upon receipt of the local employer's share, shall effect transfer of a matching

amount of money from the state funds appropriated for this purpose by the general assembly into

the retirement fund.

     Upon reconciliation of the final amount owed to the retirement fund for the employer

share, the state shall ensure that any local education aid reduction assumed for the FY 2010

revised budget in excess of the actual savings is restored to the respective local entities.

     (e) This section is not subject to �� 45-13-7 through 45-13-10.


 

 

 

131)

Section

Amend Chapter Numbers:

 

16-16-22-1

205 and 271

 

 

16-16-22.1. City or town payment of teacher member contributions.

     (a) Each city or town, pursuant to the provisions of � 414(h)(2) of the United States

Internal Revenue Code, 26 U.S.C. � 414(h)(2), may, pursuant to appropriate local action by the

city or town, pick up and pay the contributions which that would be payable by the employees as

teacher members under � 16-16-22. The contributions so picked up shall be treated as employer

contributions in determining tax treatment under the United States Internal Revenue Code.

Employee contributions picked up pursuant to this section shall be treated and identified as

teacher member contributions for all purposes of the retirement system except as specifically

provided to the contrary in this section.

     (b) Teacher member contributions picked up by a city or town shall be paid from the

same source of funds used for the payment of compensation to a teacher member. A deduction

shall be made from a teacher member's compensation equal to the amount of his or her

contributions picked up by his or her city or town employer. This deduction, however, shall not

reduce his or her compensation for purposes of computing benefits under the retirement system

pursuant to this chapter or chapter 10 of title 36. Picked up contributions shall be transmitted to

the retirement system in accordance with the provisions of � 16-16-22 and � 36-10-1 on the date

contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld.

     (c) Every employer is required to deduct and withhold member contributions and to

transmit same to the retirement system and is hereby made liable for the contribution. In addition,

any amount of employee contributions actually deducted and withheld shall be deemed to be a

special fund in trust for the benefit of the member and shall be transmitted to the retirement

system as set forth herein.

     (d) The liability of an employer who fails to segregate such these trust funds, or refuses

to deduct and withhold member contributions from its employees, is enforceable by the

retirement board through an appropriate action in the superior court. The general treasurer is also

authorized to deduct the amount due from any money due the employer from the state.


 

 

 

132)

Section

Amend Chapter Numbers:

 

16-21-9

100 and 138

 

 

16-21-9. Health examinations and dental screenings -- Reports -- Records.

     (a) Each community as defined in � 16-7-16 shall provide for the appointment of a

physician to make examinations of the health of the school children, who shall report any

deviation from the normal, and for the preservation of records of the examinations of the children.

Each community shall further provide for dental screenings by a licensed dentist or licensed

dental hygienist or a licensed public health dental hygienist, with at least three (3) years of

clinical experience, who shall report any suspected deviation from the normal, and for the

preservation of records of the screenings of the children. Each community shall notify the parents

or custodians of children of conditions requiring professional or skilled treatment. The state

commissioner of elementary and secondary education shall provide blank forms and record books

that he or she may deem necessary for the purposes of this section.

     (b) Each community as defined in � 16-7-16 shall contract with a licensed dentist and/or

a licensed public health dental hygienist, for the provision of the dental screenings services

required by this section. Dental hygienists performing the dental screenings pursuant to the

provisions of this section shall do so under the general supervision of the dentist liable and

responsible under the contract with the community or within the collaborative agreement

guidelines between a licensed public health hygienist and licensed dentist.

     (c) Except in emergency circumstances, should a referral by a dentist, dental hygienist,

and/or public health dental hygienist of children screened pursuant to the provisions of this

section be provided to a dental practice by which the dentist or dental hygienist is employed

and/or which the dentist owns, the referral should include the name(s) of one or more dental

practices as alternative providers shall be strictly prohibited. In the event that a referral has been

made in violation of this provision, the community shall terminate its contract with the dentist. In

the case of an egregious violation of the referral prohibition contained in this section, that conduct

shall be reported to the board of dental examiners.

     (d) Each community shall provide to parents or custodians of children who require

professional or skilled treatment a list of both dental practices in the community that accept

patients insured by medical assistance and/or RIte Care and dental practices that provide services

on a sliding scale basis to uninsured individuals. The department of human services shall provide

each community with a list containing the addresses and telephone numbers of both dental

practices that accept patients insured by medical assistance and/or RIte Care and dental practices

that provide services on a sliding scale basis to uninsured individuals.

     (e) Dental screenings for children in kindergarten, third, and ninth grade shall only be

performed by a licensed dentist or licensed public health dental hygienist.

     (f) All dentists, dental hygienists, and/or public health dental hygienists, performing

dental screenings pursuant to the provisions of this section, shall meet with the oral health

director of the department of health on a regular basis, as determined by the chief.


 

 

 

133)

Section

Add Chapter Numbers:

 

16-21-23.2

195 and 260

 

 

16-21-23.2. Threat assessment teams and oversight committees.

     (a) Each local school board or committee shall adopt written policies for the

establishment of threat assessment teams, including the assessment of and intervention with

individuals whose behavior may pose a threat to the safety of school staff or students consistent

with the model policies developed by the school safety committee. Such The policies shall

include procedures for referrals to community services or health care healthcare providers for

evaluation or treatment when appropriate.

     (b) The superintendent of each school district shall establish a district committee charged

with oversight of the threat assessment teams operating within the district, which may be an

existing committee established by the district. The committee shall include individuals with

expertise in guidance, counseling, school administration, mental health, and law enforcement.

     (c) Each district superintendent shall establish, for each school, a threat assessment team

that shall include persons with expertise in guidance, counseling, school administration, mental

health, and law enforcement. Threat assessment teams may be established to serve schools as

determined by the district superintendent. Each team shall:

     (1) Provide guidance to students, faculty, and staff regarding recognition of threatening or

aberrant behavior that may represent a threat to the community, school, or self;

     (2) Identify members of the school community to whom threatening behavior should be

reported; and

     (3) Implement policies adopted by the local school board or committee pursuant to

subsection (a) of this section.

     (d) Upon preliminary determination that a student poses a threat of violence or physical

harm to self or others, a threat assessment team shall immediately report its determination to the

district superintendent or designee. The building administrator or designee may, if appropriate,

attempt to notify the student's parent or legal guardian. Nothing in this subsection shall preclude

school district personnel from acting immediately to address an imminent threat.

     (e) No member of a threat assessment team shall disclose any information obtained

pursuant to this section or otherwise use any record of an individual beyond the purpose for

which such the disclosure was made to the threat assessment team.


 

 

 

134)

Section

Amend Chapter Numbers:

 

16-21-35

232 and 238

 

 

16-21-35. Opioid-related drug overdose -- Use of opioid antagonists -- Immunity for

those administering.

     (a) For the purposes of this section, the following terms shall have the following

meanings:

     (1) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or

disinhibits the effects of opioids acting on those receptors, including naloxone hydrochloride, also

known as Narcan or naloxone.

     (2) "Opioid-related drug overdose" means a condition including, but not limited to,

extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death

resulting from the consumption or use of an opioid or another substance with which an opioid

was combined, or that a layperson would reasonably believe to be an opioid-related drug

overdose that requires medical assistance.

     (3) "School setting" means circumstances occurring while at school or at school-

sponsored events or activities.

     (b) All public and private elementary, middle schools, junior high schools, and high

schools, shall provide and maintain on-site in each school facility opioid antagonists, as defined

herein.

     (c) To treat a case of suspected opioid overdose in a school setting, any trained nurse-

teacher may administer an opioid antagonist, during an emergency, to any student or staff

suspected of having an opioid-related drug overdose whether or not there is a previous history of

opioid abuse. School nurse-teachers may receive training in the administration of opioid

antagonists provided by the department of health. Provided, school School physicians shall

prepare standing orders for the procedures to be followed in dealing with a suspected opioid

overdose in a school setting. Such The standing orders shall not require any school nurse-teacher

to administer an opioid antagonist.

     (d) Opioid antagonists shall be maintained in quantities and types deemed adequate by

the department of elementary and secondary education and the department of health, which shall

incorporate into their policies, rules, and regulations a procedure for addressing incidents of

opioid-related drug overdose in order to provide for the health and safety of children. Any policy,

rule, or regulation shall ensure that the opioid antagonist is kept in a conspicuous place, readily

available, but with provisions made for the safekeeping and security of the opioid antagonist so

that the security of the medication will not be compromised.

     (e) No school nurse-teacher shall be liable for civil damages that may result from acts or

omissions relating to the use of the opioid antagonist that may constitute ordinary negligence; nor

shall the school personnel mentioned in this subsection be subject to criminal prosecution that

may result from acts or omissions in the good faith administration of an opioid antagonist. This

immunity does not apply to acts or omissions constituting gross negligence or willful or wanton

conduct. Any school nurse-teacher or other school personnel using an opioid antagonist shall be

protected from both civil and criminal liability pursuant to the provisions of chapter 28.9 of title

21 (the good samaritan overdose prevention act of 2016).

     (f) No school nurse-teacher shall be subject to penalty or disciplinary action for refusing

to be trained in the administration of an opioid antagonist.


 

 

 

135)

Section

Amend Chapter Numbers:

 

16-22-4

176 and 254, 237 and 247

 

 

16-22-4. Instruction in health and physical education.

     (a) All children in grades one through twelve (12) attending public schools, or any other

schools managed and controlled by the state, shall receive in those schools instruction in health

and physical education under rules and regulations the department of elementary and secondary

education may prescribe or approve during periods that shall average at least twenty (20) minutes

in each school day. No private school or private instruction shall be approved by any school

committee for the purposes of chapter 19 of this title as substantially equivalent to that required

by law of a child attending a public school in the same city or town unless instruction in health

and physical education similar to that required in public schools shall be given. Commencing

September 1, 2012, the required health education curriculum shall be based on the health

education standards of the Rhode Island health education framework: health literacy for all

students as promulgated by the Rhode Island department of education and consistent with the

mandated health instructional outcomes therein. Commencing September 1, 2012, the required

physical education curriculum shall be based on the physical education standards of the Rhode

Island physical education framework: supporting physically active lifestyles through quality

physical education as promulgated by the Rhode Island department of education and consistent

with the instructional outcomes therein.

     (b) The department of elementary and secondary education shall incorporate, in

consultation with the state department of behavioral healthcare, developmental disabilities and

hospitals, substance-abuse prevention and suicide prevention into the health education

curriculum. For the purpose of this section, "substance-abuse prevention" means the

implementation of evidence-based, age-appropriate programs, practices, or curricula related to the

use and abuse of alcohol, tobacco, and other drugs; "suicide prevention" means the

implementation of evidence-based, appropriate programs, practices, or curricula related to mental

health awareness and suicide prevention. Further, "substance-abuse prevention" and suicide

prevention programs shall specifically include information provided to students that mixing

opioids and alcohol can cause accidental death.

16-22-4. Instruction in health and physical education.

 

 

 �  (a) All children in grades one through twelve (12) attending public schools, or any other

schools managed and controlled by the state, except as provided in � 16-100-3(d), shall receive in

those schools instruction in health and physical education under rules and regulations the

department of elementary and secondary education may prescribe or approve during periods that

shall average at least twenty (20) minutes in each school day. No private school or private

instruction shall be approved by any school committee for the purposes of chapter 19 of this title

as substantially equivalent to that required by law of a child attending a public school in the same

city or town unless instruction in health and physical education similar to that required in public

schools shall be given. Commencing September 1, 2012, the required health education curriculum

shall be based on the health education standards of the Rhode Island health education framework:

health literacy for all students as promulgated by the Rhode Island department of education and

consistent with the mandated health instructional outcomes therein. Commencing September 1,

2012, the required physical education curriculum shall be based on the physical education

standards of the Rhode Island physical education framework: supporting physically active

lifestyles through quality physical education as promulgated by the Rhode Island department of

education and consistent with the instructional outcomes therein.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

136)

Section

Add Chapter Numbers:

 

16-22-30

89 and 150

 

 

16-22-30. Statewide academic standards.

     (a) The council on elementary and secondary education (the "council") shall direct the

commissioner of elementary and secondary education (the "commissioner") to institute a process

to develop statewide academic standards for the core subjects of mathematics, English language

arts, science and technology, history and social studies, world languages, and the arts. This

process shall:

     (1) Be open and consultative;

     (2) Include, but need not be limited to, a culturally and racially diverse group of

classroom teachers and students; and

     (3) Include, but need not be limited to, reviewing and revising current standards, as well

as adopting new ones, if deemed appropriate.

     (b) The commissioner shall develop the statewide academic standards pursuant to this

section by no later than December 31, 2019, and again as required by the council's procedures set

forth in subsection (f) of this section. The standards shall:

     (1) Cover grades prekindergarten through grade twelve (PK-12);

     (2) Clearly set forth the skills, competencies, and knowledge expected to be demonstrated

by all students at the conclusion of individual grades or grade spans;

     (3) Be formulated so as to set high expectations for student performance;

     (4) Provide clear and specific examples that embody and reflect these high expectations;

     (5) Be constructed with due regard to the established research and recommendations of

national organizations, to the best of similar efforts in other states, and to the level of skills,

competencies, and knowledge possessed by typical students in the most educationally-advanced

nations. The skills, competencies, and knowledge set forth in the standards shall define the

performance outcomes expected of both students directly entering the workforce and of students

pursuing higher education. In addition, the skills, competencies, and knowledge set forth in the

standards shall inform the design and implementation of the Rhode Island comprehensive

assessment system ("RICAS") in mathematics, English language arts, and science and

technology. The RICAS shall align with federal law, be in place for no fewer than ten (10) years,

and facilitate comparisons of students of other states and nations;

     (6) Be designed to instill respect for the cultural, ethnic, and racial diversity of this state,

and for the contributions made by diverse cultural, ethnic, and racial groups to the life of this

state;

     (7) Be designed to avoid perpetuating gender, cultural, ethnic, or racial stereotypes;

     (8) Reflect sensitivity to different learning styles;

     (9) Reflect sensitivity to impediments to learning, which may include issues related to,

but not limited to, cultural, financial, emotional, health, and social factors; and

     (10) Be in a form readily comprehensible by the general public.

     (c) This section shall not require the abandonment of any standards already in place, so

long as the commissioner determines that said these standards meet the statewide goals contained

herein.

     (d) The commissioner shall submit a copy of the standards to the council for approval at

least sixty (60) days prior to the standards taking effect.

     (e) Upon approval, the council shall make the standards available to the public.

     (f) The council shall develop procedures for updating, improving, or refining standards

pursuant to this section by no later than September 1, 2021. The procedures shall include a

requirement that the council review and evaluate the standards regularly to ensure that the high

quality of the standards is maintained. The review cycle shall begin in 2025, with subsequent

reviews taking place in 2029, 2033, and every four (4) years thereafter.

     (g) On or before December 1, 2020, and annually thereafter on or before December 1, the

commissioner shall report to the governor, president of the senate, and the speaker of the house,

regarding the standards developed and reviewed pursuant to this section.

 


 

 

 

137)

Section

Add Chapter Numbers:

 

16-22-31

89 and 150

 

 

16-22-31. Curriculum frameworks.

     (a)(1) The council on elementary and secondary education (the "council") shall direct the

commissioner of elementary and secondary education (the "commissioner") to institute a process

to develop curriculum frameworks for mathematics, English language arts, science and

technology, history and social studies, world languages, and the arts. This process shall:

     (i) Be open and consultative;

     (ii) Include, but need not be limited to, a culturally and racially diverse group of

classroom teachers and students; and

     (iii) Include, but need not be limited to, reviewing and revising current frameworks, as

well as developing new ones, if deemed appropriate.

     (2) The process may include, but need not be limited to, community groups, cultural

organizations, parents, teacher preparation programs, and leading college and university figures in

both subject matter disciplines and pedagogy.

     (b) The commissioner shall develop the curriculum frameworks pursuant to this section

by no later than September 1, 2021, and again as required by the council's procedures set forth in

subsection (e) of this section. The curriculum frameworks developed by the commissioner shall:

      (1) Present broad, research-based pedagogical approaches and strategies to assist

students develop the skills, competencies, and knowledge called for by the statewide standards

provided in � 16-22-30;

     (2) Provide sufficient detail to guide and inform processes for the education, professional

development, certification, and evaluation of both active and aspiring teachers and administrators;

     (3) Provide sufficient detail to guide the implementation of student assessment

instruments;

     (4) Be constructed to guide and assist teachers, administrators, publishers, software

developers, and other interested parties in the development and selection of curricula, textbooks,

technology, and other instructional materials, and in the design of pedagogical approaches and

strategies for use in elementary, secondary, and career and technical schools;

     (5) Be aligned with the state's commitment to college and career readiness;

     (6) Encourage demanding real-world application, multi-disciplinary multidisciplinary

problem solving, integration of academic and career and technical education curriculum, project-

based learning, performance assessment, team teaching, and alignment of classroom instruction

with work-based learning opportunities;

     (7) Promote better alignment with postsecondary curriculum and instruction, including,

but not limited to, the expansion and/or use of dual enrollment and dual credit opportunities for

high school students that help them with the postsecondary transition, persistence, and attainment

of a credential;

     (8) Encourage capstone projects and associated performance assessments that provide

students the opportunity to demonstrate holistic proficiency with respect to research, cross-

disciplinary problem solving, critical thinking, communication, collaboration, and oral defense;

     (9) Present specific, pedagogical approaches and strategies to meet the academic and

non-academic nonacademic needs of English learner, economically disadvantaged, special

education, and academically advanced students;

     (10) Be designed to avoid perpetuating gender, cultural, ethnic, or racial stereotypes;

     (11) Reflect sensitivity to different learning styles;

     (12) Reflect sensitivity to impediments to learning, which may include issues related to,

but not limited to, cultural, financial, emotional, health, and social factors; and

     (13) Be in a form readily comprehensible by the general public.

     (c) The commissioner shall submit a copy of the frameworks to the council for approval

at least sixty (60) days prior to the frameworks taking effect.

     (d) Upon approval, the council shall make the frameworks available to the public.

     (e) The council shall develop procedures for updating, improving, or refining curriculum

frameworks pursuant to this section by no later than September 1, 2021. The procedures shall

include a requirement that the council review and evaluate the frameworks regularly to ensure

that the high quality of the frameworks is maintained. The review cycle shall begin in 2025, with

subsequent reviews taking place in 2029, 2033, and every four (4) years thereafter.

     (f) On or before December 1, 2020, and annually thereafter on or before December 1, the

commissioner shall report to the governor, president of the senate, and the speaker of the house,

regarding the curriculum frameworks developed and reviewed pursuant to this section.

 


 

 

138)

Section

Add Chapter Numbers:

 

16-22-32

89 and 150

 

 

16-22-32. High quality curriculum and materials.

     (a)(1) The council on elementary and secondary education (the "council") shall direct the

commissioner of elementary and secondary education (the "commissioner") to institute a process

for reviewing and identifying curriculum and materials for mathematics, English language arts,

and science and technology that meet the following requirements:

     (i) Is aligned with the academic standards provided in � 16-22-30;

     (ii) Is aligned with the curriculum frameworks provided in � 16-22-31;

     (iii) Is aligned with the RICAS, or any other test that is adopted as a statewide

standardized test; and

     (iv) Is of high quality.

     (2) The commissioner shall identify at least five (5) examples each of curricula for

mathematics and English language arts pursuant to this section by no later than January 1, 2021,

for science and technology pursuant to this section by no later than January 1, 2024, and again as

required by the council's procedures set forth in subsection (a)(8) of this section. Once identified,

the curricula shall be made available to the public, subject to copyright considerations.

     (3) The commissioner shall direct all local education agencies ("LEAs") to select one of

the identified high-quality curricula and materials by the time of their next adoption cycle, but in

any case, no later than June 30, 2023 for mathematics and English language arts, and no later than

June 30, 2025 for science and technology. LEAs shall select curriculum and materials that are

responsive to the LEA's cultural and linguistic needs, and support culturally responsive practices.

LEAs shall implement the high-quality curricula and materials at the start of the school year that

immediately follows the selection. If an LEA is unable to implement the high-quality curricula

and materials fully due to financial hardship, the commissioner may grant the LEA an extension

of time, provided that the LEA demonstrates continued efforts to complete the implementation.

     (4) The commissioner shall institute a waiver process for LEAs that would like to use a

curriculum other than any identified by the commissioner pursuant to this section. Part of that

process may include, but is not limited to, asking the LEA to:

     (i) Develop local curriculum goals;

     (ii) Communicate the rationale for selecting the proposed curriculum over any of the

curricula identified by the commissioner; and

     (iii) Engage a third-party reviewer that has a proven track record of curriculum audits to

review the proposed curriculum to ensure it aligns with state standards, establishes the scope and

sequence of instruction, is of high quality, is culturally relevant, and to discuss any other strengths

and weaknesses.

     (5) Waiver determinations made pursuant to subsection (a)(4) of this section shall be

appealable to the board of education.

     (6) Any LEA that has at least seventy-five percent (75%) of its students meeting

expectations on state assessments and also has no student subgroup identified for targeted

assistance under Rhode Island's accountability process may select and use curricula and materials

other than any identified by the commissioner pursuant to this section for that subject area, only;

provided, however, that if the LEA no longer has at least seventy-five percent (75%) of its

students meeting expectations on state assessments, or if any student subgroup is identified for

targeted assistance under Rhode Island�s accountability process, the LEA must select and

implement one of the curricula identified by the commissioner pursuant to this section.

     (7) LEAs shall develop and execute a curriculum implementation plan that includes

professional development to ensure that all teachers and administrators are prepared to implement

the new curriculum with the necessary skill and knowledge.

     (8) The council shall develop procedures for updating the identification of curricula and

materials pursuant to this section by no later than September 1, 2021. The procedures shall

include a requirement that the council review and evaluate the identified curricula and materials

regularly to ensure that the high quality of the curricula and materials is maintained. The review

cycle shall begin in 2025, with subsequent reviews taking place in 2029, 2033, and every four (4)

years thereafter.

     (b) On or before December 1, 2020, and annually thereafter on or before December 1, the

commissioner shall report to the governor, president of the senate, and the speaker of the house,

regarding the progress toward fulfilling the requirements of this section, including, but not limited

to, the high-quality curricula and materials identified, selected, and implemented by LEAs

pursuant to this section.

     (c) The state shall establish a professional development fund to provide professional

learning to LEAs that elect to use prioritized curricula and materials in mathematics and English

language arts as identified by the commissioner.

     (d) For the purposes of this section, �local education agencies� (�LEAs�) shall include all

of the following within the state of Rhode Island:

     (1) Public school districts;

     (2) Regional school districts;

     (3) State-operated schools;

     (4) Regional collaborative schools; and

     (5) Charter schools.

 


 

 

139)

Section

Add Chapter Numbers:

 

16-22-33

89 and 150

 

 

16-22-33. Curriculum implementation accountability.

     (a) Once local education agencies ("LEAs") select high-quality curriculum and materials

pursuant to � 16-22-32, the department of elementary and secondary education (the "department")

shall identify an LEA assistance partner from within the department to provide any and all

support requested by the LEA or individual schools within the LEA regarding access to,

implementation of, and professional development for the curriculum and materials.

     (b) The LEA assistance partner shall meet with teachers, principals, administrators, or

other school officials of the LEA to which they are assigned at a school within the LEA on a

regular basis, which shall be no less frequently than every three (3) months, to discuss the

progress toward implementing the curriculum and materials effectively. Areas of discussion may

include, but are not limited to:

     (i) (1) Barriers to learning and plans to eliminate said barriers;

     (ii) (2) Best practices regarding pedagogical techniques given the diversity of the student

population being served;

     (iii) (3) Where to locate additional professional development resources; and

     (iv) (4) Implementation strategies that have been successful to share with other LEAs that

are using the same curriculum and materials.

     (c) The LEA assistance partner shall tour all schools within its assigned LEA with at least

one teacher and the principal or assistant principal:

     (i) (1) To observe challenges teachers are facing while implementing the curriculum and

materials;

     (ii) (2) To discuss with the teacher and principal or assistant principal ideas to help

resolve those challenges; and

     (iii) (3) To answer any questions regarding the curriculum or implementation thereof.

     (d) The LEA assistance partner shall have follow-up meetings at schools within their

assigned LEA as often as requested by an individual school or the entire LEA to ensure all

educators are comfortable implementing the curriculum effectively.

     (e) The LEA assistance partner shall report to the department no less frequently than

every three (3) months regarding the status of curriculum implementation at the schools within

their assigned LEA.

     (f) The commissioner is hereby authorized to promulgate rules and regulations necessary

to implement the provisions of this section.

     (g) For the purposes of this section, �local education agencies� (�LEAs�) shall include all

of the following within the state of Rhode Island:

     (1) Public school districts;

     (2) Regional school districts;

     (3) State-operated schools;

     (4) Regional collaborative schools; and

     (5) Charter schools.

 


 

140)

Section

Repeal Chapter Numbers:

 

16-29-7

92 and 126

 

 

16-29-7.� [Repealed]


 

 

141)

Section

Repeal Chapter Numbers:

 

16-29-9

92 and 126

 

 

16-29-9. [Repealed]

 


 

 

 

142)

Section

Amend Chapter Numbers:

 

16-53.1-2

224 and 259

 

 

16-53.1-2. Establishment of school improvement teams.

     (a)(1) The school board or school committees of the cities and towns shall establish a

school improvement team for each school in the district, and shall develop procedures for the

election and appointment of school improvement team members. Each school improvement team

shall be composed of the principal and an appropriately balanced number of teachers, education

support employees, students, parents, and other business and community citizens who are

representative of the ethnic, racial, and economic community served by the school, provided that

vocational-technical center and high school school-improvement teams shall include students,

and middle and junior high school school-improvement teams may include students. Members

representing teachers, education support employees, students, and parents shall be selected by

their peer groups at the school in a fair and equitable manner. At the middle and high school

levels, where there are designated department heads, those department heads will also be included

on the school improvement team. At a minimum, these school improvement teams at this middle

and high school level shall include at least one department head from a humanities subject area

and at least one department head from one of the science, technology, engineering, or

mathematics subject areas.

     (2) Business and other community members shall be selected by the school according to a

procedure established by the school board. The school board shall review the membership

composition of each school improvement team. Should the school board determine that the

membership elected by the school is not representative of the ethnic, racial, and economic

community served by the school, the board shall appoint additional members to achieve proper

representation. For the purposes of school improvement teams, the term "teacher" includes

classroom teachers, certified student services personnel, and media specialists. For purposes of

this subsection, "education support employee" means any person employed by a school who is

not defined as instructional or administrative personnel pursuant to law and whose duties require

twenty (20) or more hours in each normal working week.

     (b) The school board may establish a district school improvement team representative of

the district and composed of teachers, students, parents, and other citizens or a district school

improvement team which may be comprised of representatives of each school improvement team.


 

 

 

 

 

143)

Section

Amend Chapter Numbers:

 

16-53.1-3

224 and 259

 

 

16-53.1-3. Duties of the school improvement teams.

     Each school improvement team shall perform any functions that are prescribed by

regulations of the school board or school committee; no school improvement team shall have any

of the powers and duties now reserved by law to the school board. Each school improvement

team shall assist in the preparation and evaluation of the school improvement plans and shall

provide any assistance that the principal may request in preparing the school's annual budget and

plan as required by law.

     (a) The school improvement team, including the school principal, shall meet regularly

and shall assist in the identification of the educational needs of the students attending the school,;

make recommendations to the principal for the development, implementation, and assessment of

a curriculum accommodation plan,; and shall assist in the review of the annual school budget and

in the formulation of a school improvement plan, as provided below.

     (b) The principal of each school, in consultation with the school improvement team

established pursuant to this chapter, shall, on an annual basis, develop and submit to the district

superintendent a plan for improving student performance. The superintendent shall review and

approve the plan, after consultation with the school committee. Plans shall be prepared in a

manner and form prescribed by the department of elementary and secondary education and shall

conform to any policies and practices of the district consistent therewith. If the superintendent

does not approve a plan submitted by the principal, the plan shall be returned to the principal who

shall, after consultation with the school improvement team, resubmit the plan to the

superintendent who shall review and approve the resubmitted plan after consultation with the

school committee.

     (c) Nothing contained in this section shall prevent the school committee from granting a

school improvement team additional authority in the area of educational policy; provided,

however, that school improvement teams shall have no authority over the rights of teachers and

other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28; and

provided further, that school improvement teams have no authority to abrogate any agreement

reached by collective bargaining.


 

 

 

144)

Section

Amend Chapter Numbers:

 

16-60-6

224 and 259

 

 

16-60-6. Commissioner of elementary and secondary education.

     The council on elementary and secondary education, with the advice and consent of the

board of education, shall appoint a commissioner of elementary and secondary education who

shall serve at the pleasure of the council on elementary and secondary education, provided that

the commissioner's initial engagement by the council shall be for a period of not more than three

(3) years. For the purpose of appointing, retaining, or dismissing a commissioner, the governor

shall serve as an additional voting member of the council on elementary and secondary education.

The position of commissioner shall be in the unclassified service of the state and he or she shall

serve as the chief executive officer of the council on elementary and secondary education and as

the chief administrative officer of the department of elementary and secondary education. The

commissioner of elementary and secondary education shall have the duties that are defined in this

section and in this title and any other additional duties that may be determined by the council on

elementary and secondary education, and shall perform any other duties that may be vested in the

commissioner by law. In addition to the general supervision of the department of elementary and

secondary education and the appointment of the several officers and employees of the

department, it shall be the duty of the commissioner of elementary and secondary education:

     (1) To develop and implement a systematic program of information gathering,

processing, and analysis addressed to every aspect of elementary and secondary education in the

state, especially as that information relates to current and future educational needs.

     (2) To prepare a master plan for elementary and secondary education in the state; to

coordinate the goals and objectives of the public elementary and secondary education sector with

the activities of the nonpublic elementary and secondary education sector where feasible.

     (3) To communicate with and seek the advice of those concerned with and affected by the

board of education's and the council's determinations.

     (4) To implement broad policy as it pertains to the goals and objectives established by the

board of education; to enforce standards and to exercise general supervision over public

elementary and secondary education in the state and over all elementary and secondary nonpublic

education in the state as provided in subdivision subsection (8) of this section; to assist in the

preparation of the budget for elementary and secondary education and to be responsible upon

direction of the council on elementary and secondary education for the allocation of

appropriations, the acquisition, holding, disposition, and general management of property.

     (5) To be responsible for the coordination of the various elementary and secondary

educational functions among the educational agencies of the state, including local school districts,

and to encourage and to assist in the cooperation among them so that maximum efficiency and

economy may be achieved.

     (6) To assist the council on elementary and secondary education in the preparation and

presentation annually to the state budget officer, in accordance with � 35-3-4, of a total state

elementary and secondary educational budget which that shall include, but not be limited to, the

budget of the department of elementary and secondary education, subcommittees and agencies,

and state aid to local school districts.

     (7) To supervise the operation of the department of elementary and secondary education,;

to have the duties as defined in � 16-1-5 and in this title or in law wherever outlined,; and other

additional duties and responsibilities that may be assigned by the council on elementary and

secondary education.

     (8) To perform the duties vested in the board of education and council on elementary and

secondary education with relation to nonpublic elementary and secondary educational institutions

within the state under the terms of chapter 40 of this title, and other laws that affect nonpublic

elementary and secondary education in the state.

     (9) To supervise the following specific functions:

     (i) To recommend the basic subjects and courses of study to be taught and instructional

standards to be maintained in the public elementary and secondary schools in the state.

     (ii) To recommend standards and qualifications of teachers and to issue certificates upon

approval of standards and qualifications by the council on elementary and secondary education.

     (iii) To distribute state school funds in accordance with law and regulations of the council

on elementary and secondary education.

     (iv) To certify as to the necessity of school construction and that standards and design are

in accordance with law and regulations of the council on elementary and secondary education and

to approve a design for school construction throughout the state.

     (v) To certify that school library standards and services are in accordance with law and

regulations of the council on elementary and secondary education.

     (vi) To recommend to the council on elementary and secondary education relating to the

transportation of pupils to school.

     (vii) To require the observance of all laws relating to elementary and secondary schools

and education.

     (viii) To interpret school law and to decide any controversies that may be appealed to him

or her from decisions of local school committees.

     (ix) To prepare and recommend standard forms for the use of local schools when

reporting to the department of elementary and secondary education.

     (x) To prepare standard accounting and auditing procedures for local school districts,

except for the purposes of subdivision (3) of � 16-24-2 � 16-24-2(3) which shall be done in

conjunction with the auditor general.

     (xi) To prepare uniform budgeting procedures for local school districts.

     (xii) To determine when special purpose grants made to local school districts shall be

eligible for reimbursement through the school operations aid formula in accordance with chapter

7 of this title, and to designate the purpose(s) for which the local school district may use the

school operations aid reimbursement, including reimbursement on local matching funds used to

support the special purpose grant. The commissioner shall promulgate and adopt rules and

regulations to carry out the intent of this subsection.

     (10) To approve and accredit elementary and secondary schools in accordance with the

policy and regulations of the council on elementary and secondary education.

     (11) To be responsible for the administration of policies, rules, and regulations of the

board of education and the council on elementary and secondary education with relation to the

entire field of elementary and secondary education within the state not specifically granted to any

other department, board, or agency and not incompatible with law.

     (12) To receive from law enforcement agencies a list periodically of the names of Rhode

Island missing children and to disseminate these lists to local school districts.


 

 

 

145)

Section

Add Chapter Numbers:

 

16-67.2-5

112 and 155

 

 

16-67.2-5. Research commission.

     (a) No later than January 1, 2020, the general assembly shall form a joint study research

commission (the "commission") consisting of nine (9) members to be appointed as follows: one

with expertise in educating students with learning disabilities to be appointed by the speaker of

the house; one with expertise in educating students with learning disabilities to be appointed by

the president of the senate; one with expertise in educating students with learning disabilities to

be appointed by the governor; one member of the house of representatives, which who shall be

appointed by the speaker of the house; one member of the senate, which who shall be appointed

by the president of the senate; three (3) teachers with expertise in dyslexia to be appointed jointly

by the speaker of the house and the president of the senate; and one parent of a student with

dyslexia, which who shall be appointed by the speaker of the house.

     (b) The purpose of the commission shall be to study the possibility and feasibility of

establishing two (2) schools, to be located on the University university of Rhode Island and

Rhode Island College college campuses, which that would be dedicated to the instruction of

dyslexic children and the development of instructional techniques and professional development

programs used to improve the instruction and identification of dyslexia and other learning

disabilities.

     (c) The commission shall be funded by the general assembly, and shall visit no fewer

than four (4) schools dedicated to the education of dyslexic children, provided that if a school

selected for visitation is greater than forty (40) miles away from the state of Rhode Island�s

capitol building, the visit may be conducted virtually.

     (d) The commission shall render a report to the governor and to the general assembly

prior to the commencement of the 2021 legislative session on the ways in which the department

can enforce realistic goals pertaining to the increased availability of quality instruction for:

     (1) Students with dyslexia and other learning disabilities; and

     (2) Instructors, administrators, and special educators regarding dyslexia and other

learning disabilities.


 

 

 

146)

Section

Add Chapter Numbers:

 

16-97.1

224 and 259

 

 

CHAPTER 97.1

EDUCATION ACCOUNTABILITY ACT


 

 

 

147)

Section

Add Chapter Numbers:

 

16-97.1-1

224 and 259

 

 

16-97.1-1. Performances of local education agencies and individual public schools;

Evaluation system; Assessment instruments; Reports.

     (a) The board of education (the "board") shall adopt a system for evaluating, on an annual

basis, the performance of both local education agencies (�LEAs�) and individual public schools.

The system shall:

     (1) Include instruments designed to assess the extent to which schools and LEAs succeed

in improving or fail to improve student performance, as defined by:

     (i) Student acquisition of the skills, competencies, and knowledge called for by the

academic standards and embodied in the curriculum frameworks established in the areas of

mathematics, English language arts, science and technology, history and social studies, world

languages, and the arts; and

     (ii) Other gauges of student learning judged by the board to be relevant and meaningful to

students, parents, teachers, administrators, and taxpayers.

     (2) Be designed both to measure outcomes and results regarding student performance,

and to improve the effectiveness of curriculum and instruction.

     (3) In its design and application, strike a balance among considerations of accuracy,

fairness, expense, and administration.

     (4) Employ a variety of assessment instruments on either a comprehensive or statistically

valid sampling basis. Such instruments shall:

     (i) Be criterion-referenced, assessing whether students are meeting the academic

standards described in this chapter;

     (ii) As much as is practicable, especially in the case of students whose performance is

difficult to assess using conventional methods, include consideration of work samples, projects,

and portfolios, and shall facilitate authentic and direct gauges of student performance;

     (iii) Provide the means to compare student performance among the various school

systems and communities in the state, and between students in other states and in other nations,

especially those nations which that compete with the state for employment and economic

opportunities;

     (iv) Be designed to avoid gender, cultural, ethnic, or racial stereotypes; and

     (v) Recognize sensitivity to different learning styles and impediments to learning, which

may include issues related, but not limited to, cultural, financial, emotional, health, and social

factors.

     (5) Take into account, on a nondiscriminatory basis, the cultural and language diversity

of students in the state and the particular circumstances of students with special needs.

     (6) Comply with federal requirements for accommodating children with special needs.

     (7) Allow all potential English-proficient students from language groups in which

English language learner programs are offered opportunities for assessment of their performance

in the language which that best allows them to demonstrate educational achievement and mastery

of academic standards and curriculum frameworks.

     (8) Identify individual schools and LEAs that need comprehensive support and

improvement.

     (b) The board shall take all appropriate action to bring about and continue the state's

participation in the assessment activities of the National Assessment of Educational Progress and

in the development of standards and assessments by the New Standards Program.

     (c) In addition, comprehensive diagnostic assessment of individual students shall be

conducted at least in the fourth, eighth, and tenth or eleventh grades. Said The diagnostic

assessments shall identify academic achievement levels of all students in order to inform teachers,

parents, administrators, and the students themselves, as to individual academic performance.

     (d) The board shall develop procedures for updating, improving, or refining the

assessment system.

     (e) The commissioner of elementary and secondary education (the "commissioner") is

authorized and directed to gather information, including the information specified herein and such

other information as the board shall require, for the purposes of evaluating individual public

schools, school districts, and the efficacy and equity of state and federally-mandated programs.

All information gathered pursuant to this section shall be filed in the manner and form prescribed

by the department of education (the "department").

     (f) The board shall establish and maintain a data system to collect information from

school districts for the purpose of assessing the effectiveness of district evaluation systems in

assuring ensuring effective teaching and administrative leadership in the public schools. Such

The information shall be made available in the aggregate to the public; provided, however, that

the following information shall be considered personnel information and shall not be subject to

disclosure:

     (1) Any data or information that school districts, the department, or both, create, send, or

receive in connection with an educator assessment that is evaluative in nature and that may be

linked to an individual educator, including information concerning:

     (i) An educator's formative assessment or evaluation;

     (ii) An educator's summative evaluation or performance rating; or

     (iii) The student learning, growth, and achievement data that may be used as part of an

individual educator's evaluation.

     (g) Each school district shall maintain individual records on every student and employee.

Each student record shall contain a unique and confidential identification number, basic

demographic information, program and course information, and such other information as the

department shall determine necessary. Said The records shall conform to parameters established

by the department.

     (h) For the purposes of improving the performance of school districts, individual public

schools, and the efficacy and equity of state and federal programs, each district shall file with the

commissioner once in each three (3)-year (3) period a comprehensive, three-(3) year (3) district

improvement plan. The plan shall:

     (1) Be developed and submitted in a manner and form prescribed by the department of

education.

     (2) To the extent feasible, be designed to fulfill all planning requirements of state and

federal education laws.

     (3) Include, but not be limited to:

     (i) An analysis of student and subgroup achievement gaps in core subjects;

     (ii) Identification of specific improvement objectives;

     (iii) A description of the strategic initiatives the district will undertake to achieve its

improvement objectives; and

     (iv) Performance benchmarks and processes for evaluating the effect of district

improvement initiatives.

     (4) Describe the professional development activities that will support each district

improvement initiative and the teacher induction and mentoring activities that will be undertaken

to support successful implementation of the district's improvement efforts.

     (i) On an annual basis, not later than September 1 of each year, each district shall prepare

and have available for state review an annual action plan. The district annual action plan shall:

     (1) Enumerate the specific activities, persons responsible, and timelines for action to be

taken as part of the strategic initiatives set forth in the district's three-(3) year (3) improvement

plan; and

     (2) Identify the staff and financial resources allocated to support these activities.

     (j) Annually, the principal of each school shall:

     (1) In consultation with the school improvement team, adopt student performance goals

for the schools consistent with the school performance goals established by the department of

education pursuant to state and federal law and regulations;

     (2) Consistent with any educational policies establish established for the district, assess

the needs of the school in light of those goals; and

     (3) Formulate a school plan to advance such goals and improve student performance. The

school's plan to support improved student performance shall:

     (i) Include, but not be limited to, the same components required for the district

improvement plan;

     (ii) Conform to department and district specifications to ensure that such school

improvement plans meet state and federal law requirements; and

     (iii) Be submitted to the superintendent who shall review and approve the plan, after

consultation with the school committee, not later than July 1 of the year in which the plan is to be

implemented, according to a plan development and review schedule established by the district

superintendent.

     (k) The three-(3) year (3) comprehensive district plan, annual district action plan, and

annual school improvement plan shall replace any district and school plans previously required

under the general laws or regulation, which that, in the professional opinion of the commissioner,

would be most effectively presented as part of the coordinated district or school plan for

improving student achievement. The department shall identify any additional reports or plans

called for by any general law or regulation which that can be incorporated into this single filing

in order to reduce paperwork and eliminate duplication.

     (1) Each school district in which more than twenty percent (20%) of the students do not

meet grade-level expectations of at least proficient or its equivalent on the Rhode Island

comprehensive assessment system exam ("RICAS") shall submit a RICAS success plan to the

department. The plan shall describe the school district's strategies for helping each student to

master the skills, competencies, and knowledge required for the competency determination. In

recognition of the department�s mission as a district support agency, then at the request of the

district or in response to reporting data provided under this subsection, the department shall:

     (1) Determine the elements that shall be required to be included in such plan. These

elements may include, but are not limited to, the following:

     (i) A plan to assess each student's strengths, weaknesses, and needs;

     (ii) A plan to use summer school, after school, and other additional support to provide

each child with the assistance needed; and

     (iii) A plan for involving the parents of students.

     (2) Examine each district's plan and determine if it has a reasonable prospect of

significantly reducing the school district's failure rates.

     (3) Coordinate oversight of the RICAS success plans with existing education review and

oversight functions and with the RICAS grant program.

     (m) Each school district shall file a report with the department every year by a date and in

a format determined by the board. Said The report shall include, but not be limited to, the

following:

     (1) An outline of the curriculum and graduation requirements of the district;

     (2) Pupil/teacher ratios and class size policy and practice;

     (3) Teacher and administrator evaluation procedures;

     (4) Statistics, policies, and procedures relative to truancy and dropouts;

     (5) Statistics, policies, and procedures relative to expulsions and in-school and out-of-

school suspensions;

     (6) Percent of school-age children attending public schools:

     (7) Racial composition of teaching and administrative staff;

     (8) Enrollment and average daily attendance; and

     (9) The annual budgets and expenditures for both the district and the individual schools in

the district.

     (n) Each school district shall file a description of the following instructional procedures

and programs with the department every year:

     (1) Art and music programs;

     (2) Technology education;

     (3) Programs for gifted and talented students;

     (4) Adult education programs;

     (5) Library and media facilities;

     (6) Condition of instructional materials, including textbooks, workbooks, audio-visual

materials, and laboratory materials;

     (7) Types and condition of computers and computer software;

     (8) Basic skills remediation programs;

     (9) Drug, tobacco, and alcohol abuse programs;

     (10) Multi-cultural education training for students and teachers;

     (11) Global education; and

     (12) Nutrition and wellness programs.

     (o) Each school district and charter school shall file an annual report for the current

school year regarding implementation with the department on or before every November 1 in a

format determined by the board. The report shall include, but not be limited to, the following:

     (1) The number of children receiving services within each disability category;

     (2) The number of children, by grade level, within each such disability category and the

costs of services provided by each such category for such children receiving their education in a

publicly operated day school program;

     (3) The number of children, by grade level, within each such disability category and the

costs of services provided by each such category for such these children receiving their education

in a private day setting;

     (4) The number of children, by grade level, within each such disability category and the

costs of services provided by each such category for such children receiving their education in a

private residential setting;

     (5) The number of children who remain in the regular education program full-time; the

number of children who are removed from the regular classroom for up to twenty-five percent

(25%) of the day; the number of children who are removed from the regular classroom between

twenty-five percent (25%) and sixty percent (60%) of the day;

     (6) The number of children who are placed in substantially separate classrooms on a

regular education school site;

     (7) The number of children, ages three (3) and four (4) who are educated in integrated

and separate classrooms; and the assignment, by sex, national origin, economic status, and race,

of children by age level, to special education classes and the distribution of children residing in

the district, by sex, national origin, economic status, and race of children by age level; and

     (8) The number of children, by grade level, receiving special education services who

have limited English proficiency.

     (p) Each school district and charter school shall furnish in a timely manner such

additional information as the department shall request.

     (q) Each school district required to provide an English language learners program shall

file the following information with the department annually;:

     (1) The type of English language learners programs provided;

     (2) With regard to limited English proficient students:

     (i) The number enrolled in each type of English language learners program;

     (ii) The number enrolled in English as a second language who are not enrolled in another

English language learners program;

     (iii) The results of basic skills, curriculum assessment, achievement, and language

proficiency testing, whether administered in English or in the native language;

     (iv) The absentee, suspension, expulsion, dropout, and promotion rates; and

     (v) The number of years each limited English proficient student has been enrolled in an

English language learners program; and

     (3) The number of students each year who have enrolled in institutions of higher

education and were formerly enrolled in an English language learners program;

     (4) The academic progress in regular education of students who have completed an

English language learners program;

     (5) For each limited English proficient student receiving special education, the number of

years in the school district prior to special education evaluation and the movement in special

education programs by program placement;

     (6) The number of limited English proficient students enrolled in programs of

occupational or vocational education;

     (7) The name, national origin, native language, certificates held, language proficiency,

grade levels, and subjects taught by each teacher of an English language learners program,

bilingual aides or paraprofessionals, bilingual guidance or adjustment counselors, and bilingual

school psychologists;

     (8) The per-pupil expenditures for each full-time equivalent student enrolled in an

English language learners program;

     (9) The sources and amounts of all funds expended on students enrolled in English

language learners programs, broken down by local, state, and federal sources, and whether any

such funds expended supplanted, rather than supplemented, the local school district obligation;

     (10) The participation of parents through parent advisory councils;

     (11) Whether there were any complaints filed with any federal or state court or

administrative agency, since the program's inception, concerning the compliance with federal or

state minimum legal requirements, the disposition of such the complaint, and the monitoring and

evaluation of any such agreement or court order relative to such the complaint; and

     (12) Said This information shall be filed in the form of the total for the school district as

well as categorized by school, grade, and language.

     (r) The commissioner annually shall analyze and publish data reported by school districts

under this section regarding English language learners programs and limited English proficient

students. Publication shall include, but need not be limited to, availability on the department's

website. The commissioner shall submit annually a report to the committees of jurisdiction for

education in the house of representatives and senate on such this data on a statewide and school

district basis including, but not limited to, by language group and type of English language

learners programs.

     (s) For the purposes of this chapter, �local education agencies� shall include all of the

following within the state of Rhode Island:

     (1) Public school districts;

     (2) Regional school districts;

     (3) State-operated schools;

     (4) Regional collaborative schools; and

     (5) Charter schools and mayoral academies.


 

 

 

 

148)

Section

Add Chapter Numbers:

 

16-97.1-2

224 and 259

 

 

16-97.1-2. Additional duties of the department of education related to school and

district accountability.

     (a) In order to support the commissioner and the board of education (the �board�) in

fulfilling their duties, the department shall use existing budgetary resources and existing

personnel in its implementation of improvement plans pursuant to this section. The department

shall:

     (1) Provide a mechanism to review and report on the efforts of schools, charter schools,

and school districts, including regional school districts, to improve the academic achievement of

their students;

     (2) Inform and assist the board in fulfilling their broader responsibilities to promote high

levels of achievement in the schools and districts of the state;

     (3) Be, for purposes of school and district accountability, under the direction and

supervision of one individual who shall be appointed by the commissioner. This individual shall

be responsible for:

     (i) The direction and supervision of the targeted assistance and intervention efforts of the

department under this chapter;

     (ii) Such assistance efforts as the commissioner deems necessary to correct deficiencies

identified by the department;

     (iii) Compliance with the accountability provisions of federal law; and

     (iv) Ensuring that the education reviewing and assistance functions of the department are

aligned to promote collaboration and communication across the education reviewing and

assistance functions.;

     (4) Ensure that school and district review teams include experienced practitioners in the

field of education, except that no member shall have been previously or currently employed by:

     (i) The school, district, or charter school being reviewed; or

     (ii) A district, charter school, or education collaborative serving a common student

population with the school, district, or charter school being reviewed.;

     (5) Act as an education reviewing body, objectively reviewing the results of educational

measurement and tests conducted by or for the department in implementing the laws under this

chapter. In executing this subsection, the department shall:

     (i) Perform no fewer than five (5) school district education reviews annually, sixty

percent (60%) of which shall be in districts whose students achieve at low levels either in

absolute terms or relative to districts that educate similar student populations. The remainder of

the education reviews shall be divided equally among districts whose students achieve at high

levels relative to districts that educate similar student populations and randomly selected districts;

     (ii) Ensure that no school or district is reviewed during the administration of any

statewide assessments;

     (iii) Coordinate with other entities in the department to ensure that a school or district is

not subject to multiple comprehensive education reviews or reviews by the department or any

accrediting body within a nine-(9) month (9) period, unless the board specifically votes to do so

on an emergency basis;

     (iv) Have the following duties relative to school district reviews:

     (A) Objectively review the school and district reports;

     (B) Undertake inspections of schools, charter schools, and school districts, including

regional school districts, to evaluate efforts to improve and support the quality of instruction and

administration;

     (C) Review the district's RICAS success plan, if one was required pursuant to law, and

evaluate the implementation of that plan;

     (D) Review the district's implementation of any RICAS grants received to develop or

enhance academic support services for students scoring below proficient or its equivalent;

     (E) Evaluate the alignment of curriculum and professional development plans with the

state curriculum and assessments;

     (F) Review the progress of overall student achievement;

     (G) Evaluate student performance, school and district management, overall district

governance, and any other areas deemed necessary by the department; and

     (H) Ensure such the education reviews are conducted in accordance with standards

established by the council of elementary and secondary education;

     (v) Following the school district�s education review, produce a comprehensive report

detailing its findings and observations, which the commissioner shall present to the council along

with any recommendations for further action to be taken by the council. After the council's

receipt of the report, the commissioner shall issue recommendations to districts not requiring

further action relative to methods for improving any deficiencies identified by the department.

The recommendations shall be transmitted to the reviewed district's superintendent and school

committee within ninety (90) days of the council's receipt of the report; and

     (vi) Annually compile a report of best practices from the list of education reviews

conducted that year and distribute the compiled list to all school districts in the state.;

     (6) For the purposes of any inspection or education review, have access to all necessary

papers, vouchers, books, and records pertaining to a school, including a charter school, a school

district, or a regional school district;

     (7) In establishing protocols for the conduct of school or district education reviews, to the

extent practicable, minimize the administrative burden on schools and districts by using existing,

recently-compiled, or readily-available data sources. Schools, school districts, and school

personnel shall cooperate with the department for any inspection or education review conducted

pursuant to this section including, but not limited to, participating in interviews and producing

books and documents. Each school district, including regional school districts and charter

schools, shall annually file with the department, on or before October 1, a copy of its current

personnel contracts and collective bargaining agreements in a form and manner prescribed by the

commissioner. The department shall ensure that any noncompliance with law, misfeasance, or

malfeasance shall be referred to the commissioner for appropriate action;

     (8) Support the commissioner and the council in carrying out their duties under sections

related to underperforming schools. Nothing in this section shall be construed as limiting the

ability of the department to contract with individuals, external partners, or other entities to

support the assistance functions established by said sections.

     (b) The department shall transmit its findings, education review reports,

recommendations, and follow-up reports to the council on elementary and secondary education,

the attorney general, and a local public library in the education reviewed districts. In addition, the

department shall appear annually before the health, education and welfare committee of the house

of representatives and before the senate education committee, to report on these findings, reviews,

recommendations, and other reports.


 

 

 

 

 

 

 

 

149)

Section

Amend Chapter Numbers:

 

16-100-3

237 and 247

 

 

16-100-3. Policy implemented.

     (a) The Board board of Education education shall prescribe by regulation a statewide

dual enrollment policy that shall allow students to enroll in courses at postsecondary institutions

to satisfy academic credit requirements in both high school and the aforementioned postsecondary

institutions. The regulations shall address the postsecondary institution's graduation requirements,

if any; the institution's ability to award degrees/certificates in Rhode Island; the minimum course

grade to receive credit at the student's secondary school; and any other criteria that the Board

board deems appropriate.

     (b) The board shall convene a workgroup, including, but not limited to, representatives

from the department of elementary and secondary education, the office of the postsecondary

commissioner, superintendents, school committees, public higher education institutions, guidance

counselors, and teachers. The purpose of the workgroup is to consider and advise the board as to

a dual enrollment policy and its possible effect on school funding pursuant to chapter 7.2 of title

16 this title; academic supports; transportation; possible shared costs of the education; possible

fee schedules; manners in which low-income students could access the program; and possible

contracted tuition costs with our public higher education institutions.

     (c) Notwithstanding any law to the contrary, payments to public institutions of higher

education for dual and concurrent enrollment shall be limited to no greater than the appropriation

contained in the appropriations act. On or before September 30, 2017, the council on

postsecondary education shall promulgate rules and regulations enforcing this limitation.

     (d) Students in grade twelve (12) enrolled full-time, as defined by the institution, in a

dual enrollment program where the courses are taken on a higher education institution campus

shall be exempt from the requirements set forth in � 16-22-4(a).


 

 

 

150)

Section

Amend Chapter Numbers:

 

17-9.1-23

109 and 141

 

 

17-9.1-23. Party designation.

     (a) Whenever any person registers to vote, that person may designate his or her party

affiliation, or that person may designate that he or she is not affiliated with any political party.

The information shall be recorded on a form prescribed by the state board of elections.

     (b) Any person who is already registered to vote and wishes to designate his or her party

affiliation may do so by voluntarily presenting himself or herself submitting to that person's local

board of canvassers and a form provided by the state board designating his or her party affiliation

and certifying to the fact on the form furnished for that purpose.

     (c) Whenever any person participates in a party primary, that act shall serve as

identifying the person as being affiliated with the party in whose primary that person has

participated and the local board shall record the affiliation on the appropriate form. For the

purposes of this section, "participating in a party primary" does not include the circulation or

signing of nomination papers.


 

 

 

151)

Section

Amend Chapter Numbers:

 

17-9.1-24

109 and 141

 

 

17-9.1-24. Change of designation.

     (a) Any person who has designated his or her party affiliation pursuant to � 17-9.1-23

may change the designation on or before the ninetieth (90th) thirtieth day preceding any primary

election for which the person is eligible. Whenever any person desires to change his or her party

designation, that person shall appear before submit to the local board of the city or town in which

that person has his or her residence, as defined in � 17-1-3.1, or before the clerk or other duly

authorized agent of the board, and shall change his or her party designation and, after the

information has been recorded on the form furnished for that purpose, the person shall sign his or

her name and certify to the truth of the facts recorded in the appropriate spaces in the form; or the

person shall furnish an affidavit properly executed and signed by him or her to the board directing

the board to change the party designation. Whenever any person is unable to sign his or her name

because of physical incapacity or otherwise, that person shall make his or her mark "(X)", which

shall be witnessed by the person receiving the registration. For the convenience of persons voting

at a primary election, affidavits forms for changing party designation shall be available at all

primary polling places. The presence of the affidavits forms at the primary polling place shall not

be construed to allow a person to change his or her party designation within ninety (90) thirty

(30) days preceding the primary election.

     (b) Notwithstanding the provisions of subsection (a) of this section, affidavits for

changing party designation which are executed by voters at polling places immediately after

voting in primary elections conducted in the city of Warwick in January, 2000, shall take effect

immediately.

     (c) Notwithstanding the provisions of subsection (a) of this section, affidavits for

changing party designation which are executed by voters at polling places immediately after

voting in primary elections conducted in senate district 20 comprising parts of the city of

Woonsocket and town of Cumberland in March, 2008, shall take effect immediately.


 

 

152)

Section

Amend Chapter Numbers:

 

17-11.1-1

3 and 4, 69 and 79

 

 

17-11-1.1. Combination of voting districts for special election.

     (a) The board of canvassers of any city or town at which there shall be submitted to the

voters a question or questions for their approval or rejection but at which no state or local

officials will be elected, shall have the authority to combine two (2) or more voting districts,

when in its judgment the combination is advisable, and when combined shall be treated as a

voting district, but only upon the approval of the board of elections.

     (b) If voting districts are combined as provided in subsection (a) of this section, the local

board must advertise the combination of districts in a newspaper of general circulation in the city

or town no less than seven (7) days and no more than twenty-one (21) days before the special

election.

     (c) Notwithstanding the provisions of subsections (a) and (b) of this section, the board of

canvassers of the city of Woonsocket or the town of Cumberland may combine two (2) or more

voting districts for the senate district 20 special election in April, 2008, and when combined shall

be treated as a voting district, but only upon the approval of the board of elections.

     (d) Notwithstanding the provisions of subsections (a) and (b) of this section, the board of

canvassers of the town of Bristol may combine two (2) or more voting districts for the

representative district 68 special election in March, 2019, and when combined shall be treated as

a voting district, but only upon the approval of the board of elections.

     If voting districts are combined pursuant to this subsection, the local board must advertise

the combination of districts in a newspaper of general circulation in the city or town no less than

three (3) days before the special election.

 

 

17-11-1.1. Combination of voting districts for special election.

 

 

  (c) Notwithstanding the provisions of subsections (a) and (b) of this section, the board of

canvassers of the city of Woonsocket or the town of Cumberland may combine two (2) or more

voting districts for the senate district 20 special election in April, 2008 and when combined shall

be treated as a voting district, but only upon the approval of the board of elections.

     If voting districts are combined pursuant to this subsection, the local board must advertise

the combination of districts in a newspaper of general circulation in the city or town no less than

three (3) days before the special election.


 

 

 

153)

Section

Amend Chapter Numbers:

 

17-14-11

202 and 245

 

 

17-14-11. Checking and certification of nomination papers -- Challenge.

     Each nomination paper for party and independent candidates shall be submitted before

four o'clock (4:00) p.m. on the sixtieth (60th) day before the primary to the local board of the city

or town where the signers appear to be voters or, in the case of special elections, on the twenty-

eighth (28th) day before the primary. Nomination papers for independent presidential candidates

and presidential candidates of political parties, other than those defined in � 17-1-2(9), shall be

filed not later than sixty (60) days prior to the general election. Each local board shall

immediately proceed to check signatures on each nomination paper filed with it against the voting

list as last canvassed or published according to law. In the case of candidates for statewide office,

the local boards shall certify the number of names appearing on the nomination papers that are in

conformity with the requirements of � 17-14-8, and after considering any challenge under this

section, shall immediately file all nomination papers for the officers with the secretary of state. In

the case of all other candidates, the The local boards shall certify a sufficient number of names

appearing on the nomination papers that are in conformity with the requirements of � 17-14-8 to

qualify the candidate for a position on the ballot, and after considering any challenge under this

section and, if necessary, certifying any additional valid names, shall immediately file nomination

papers for statewide office, general assembly, and state and district committee candidates with the

secretary of state; provided, that nomination papers for local candidates shall be retained by the

local board. If any candidate or the chairperson of any party committee questions the validity or

authenticity of any signature on the nomination paper, the local board shall immediately and

summarily decide the question, and for this purpose, shall have the same powers as are conferred

upon the board by the provisions of � 17-14-14. If any challenged signature is found to be invalid,

for any reason in law, or forged, then the signature shall not be counted.


 

 

 

154)

Section

Amend Chapter Numbers:

 

17-15-1

202 and 245

 

 

17-15-1. Date of primaries.

     A primary election for the nomination of candidates for each political party shall be held

in each voting district in the manner provided in this chapter on the second Tuesday after the first

Monday in September in each even numbered year eighth Tuesday preceding biennial state

elections.


 

 

 

155)

Section

Amend Chapter Numbers:

 

17-15-5

69 and 79

 

 

17-15-5. Combination of voting districts.

     Local boards shall have the power to combine two (2) or more voting districts within the

same ward, and senatorial or representative district, when the absence of local contests within the

combined voting districts makes this combination possible, and the combined district shall be

treated as a voting district, but only upon the approval of the board of elections.


 

 

 

 

156)

Section

Amend Chapter Numbers:

 

17-18-10

201 and 268

 

 

17-18-10. Time of opening of polls.

     (a) Elective meetings in the cities and towns named in this section shall be opened for the

purpose of voting at the hours specified for each particular city or town as designated in the

specific time as follows:

     (1) Barrington Polls open at 7 a.m.

     (2) Bristol Polls open at 7 a.m.

     (3) Burrillville Polls open at 7 a.m.

     (4) Central Falls Polls open at 7 a.m.

     (5) Charlestown Polls open at 7 a.m.

      for the biennial general election

      and 9 a.m. for all other elections

     (6) Coventry Polls open at 7 a.m.

     (7) Cranston Polls open at 7 a.m.

     (8) Cumberland Polls open at 7 a.m.

     (9) East Greenwich Polls open at 7 a.m.

     (10) East Providence Polls open at 7 a.m.

     (11) Exeter Polls open at 7 a.m.

     (12) Foster Polls open at 7 a.m.

     (13) Glocester Polls open at 7 a.m.

     (14) Hopkinton Polls open at 7 a.m.

     (15) Jamestown Polls open at 7 a.m.

      for the biennial general election

      and 8 a.m. for all other elections

     (16) Johnston Polls open at 7 a.m.

     (17) Lincoln Polls open at 7:00 a.m.

     (18) Little Compton Polls open at 7 a.m.

     (19) Middletown Polls open at 7 a.m.

      and 7 a.m. for Presidential Elections only

     (20) Narragansett Polls open at 7 a.m.

     (21) Newport Polls open at 7 a.m.

     (22) New Shoreham Polls open at 9 a.m.

     (23) North Kingstown Polls open at 7 a.m.

     (24) North Providence Polls open at 7 a.m.

     (25) North Smithfield Polls open at 7 a.m.

     (26) Pawtucket Polls open at 7 a.m.

     (27) Portsmouth Polls open at 7 a.m.

     (28) Providence Polls open at 7 a.m.

     (29) Richmond Polls open at 7 a.m.

     (30) Scituate Polls open at 7 a.m.

     (31) Smithfield Polls open at 7 a.m.

     (32) South Kingstown Polls open at 7 a.m.

     (33) Tiverton Polls open at 7 a.m.

     (34) Warren Polls open at 7 a.m.

     (35) Warwick Polls open at 7 a.m.

     (36) Westerly Polls open at 7 a.m.

     (37) West Greenwich Polls open at 7 a.m.

     (38) West Warwick Polls open at 7 a.m.

     (39) Woonsocket Polls open at 7 a.m.

     (b) In all special or primary elections in the towns of Hopkinton, Westerly, and Little

Compton, polls shall open at 9:00 a.m.

     (c) In all presidential preference primaries in the town of New Shoreham, polls shall open

at 12:00 p.m.

     (d) In all primary elections in all cities and towns, polls may open at 7:00 a.m. Notice

shall be given and posted by the local board.


 

 

 

157)

Section

Amend Chapter Numbers:

 

17-19-24.2

62 and 64

 

 

17-19-24.2. Voter identification.

     (a) Beginning on January 1, 2012, any person claiming to be a registered and eligible

voter who desires to vote at a primary election, special election, or general election shall provide

proof of identity. For purposes of this section, proof of identity shall be valid if unexpired or

expired no more than six (6) months prior to voting, and shall include:

     (1) A valid and current document showing a photograph of the person to whom the

document was issued, including without limitation:

     (i) Rhode Island driver's license;

     (ii) Rhode Island voter identification card;

     (iii) United States passport;

     (iv) Identification card issued by a United States educational institution;

     (v) United States military identification card;

     (vi) Identification card issued by the United States or the State of Rhode Island;

     (vii) Government issued medical card.

     (2) A valid and current document without a photograph of the person to whom the

document was issued, including without limitation:

     (i) Birth certificate;

     (ii) Social security card;

     (iii) Government issued medical card.

     (b) From and after January 1, 2014, any person claiming to be a registered and eligible

voter who desires to vote at a primary election, special election, or general election shall provide

proof of identity listed in subdivisions subsection (a)(1).

     (c) No later than January 1, 2012, Rhode Island voter identification cards will be issued

upon request, and at no expense to the voters, at locations and in accordance with procedures

established by rules and regulations promulgated by the secretary of state. The purpose of this

section is to provide voter identification cards to those voters who do not possess the

identification listed in subdivision subsection (a)(1).

     (d) If the person claiming to be a registered and eligible voter is unable to provide proof

of identity as required in subdivisions (1) and (2) subsections (a)(1) and (a)(2) above, the person

claiming to be a registered voter shall be allowed to vote a provisional ballot pursuant to � 17-19-

24.2 upon completing a provisional ballot voter's certificate and affirmation. The local board shall

determine the validity of the provisional ballot pursuant to � 17-19-24.3.


 

 

 

158)

Section

Amend Chapter Numbers:

 

17-19-30

203 and 263

 

 

17-19-30. Voters who register by making a mark rather than signature.

     Any voter who has registered by making his or her mark rather than his or her signature,

or who shall be physically unable to sign his or her name at the time of offering himself or herself

to vote, shall identify himself or herself by correctly answering any questions put to him or her by

the supervisors that may test the voter's knowledge of the information recorded on the voter's

registration card. In that case, the bipartisan pair of supervisors shall complete a ballot application

for the voter and shall make and annex to this ballot application an affidavit that they identified

the voter in the manner authorized by this section. with proof of identity as required under � 17-

19-24.2. They shall permit the voter to affix the voter's mark to the application on the electronic

pollbook in their presence and shall record their approval on the application electronic pollbook

as in other cases.


 

 

 

159)

Section

Amend Chapter Numbers:

 

17-20-16

201 and 268

 

 

17-20-16. Time of casting vote.

     Mail ballots may be cast in the manner provided by law on or before election day;

provided, that no mail ballot shall be counted unless it is received by the state board not later than

the time prescribed by � 17-18-11 for the closing of polling places on election day, except ballots

cast under the provisions of � 17-20-6.1, which shall be counted if received by the state board by

four o'clock p.m. (4:00) on the third day following a primary or four o'clock p.m. (4:00) on the

seventh day following an election.


 

 

 

160)

Section

Amend Chapter Numbers:

 

17-25-8

220 and 229

 

 

17-25-8. Appointment of campaign treasurer by candidate -- Filings.

     (a) Each candidate in an election shall file a "notice of organization" with the board of

elections and appoint one campaign treasurer before receiving any contribution or expending any

money in furtherance or aid of the candidate's candidacy. The "notice of organization" shall

include the name and address of the candidate, the campaign treasurer, and the committee being

established. The candidate shall declare the office being sought and shall comply with the

financial statement requirement of � 36-14-16(c).

     (b) A candidate may appoint deputy campaign treasurers as required. The candidate shall

file the names and addresses of deputy campaign treasurers with the board of elections.

     (c) A candidate may remove a campaign treasurer or deputy campaign treasurer. In the

case of the death, resignation, or removal of a campaign treasurer, the candidate shall appoint a

successor as soon as practicable and shall file his or her name and address with the board of

elections within ten (10) days. A candidate may serve as his or her own campaign treasurer, and

upon failure to designate a treasurer, the candidate shall be designated his or her own treasurer by

the board of elections.


 

 

 

161)

Section

Amend Chapter Numbers:

 

19-14-1

226 and 246

 

 

19-14-1. Definitions.

     Unless otherwise specified, the following terms shall have the following meanings

throughout chapters 14, 14.1, 14.2, 14.3, 14.4, 14.6, 14.8, 14.10, and 14.11 of this title:

     (1) "Bona fide employee" shall mean an employee of a licensee who works under the

oversight and supervision of the licensee.

     (2) "Check" means any check, draft, money order, personal money order, or other

instrument for the transmission or payment of money. For the purposes of check cashing,

travelers checks or foreign denomination instruments shall not be considered checks. "Check

cashing" means providing currency for checks.

     (3) "Check casher" means a person or entity who or that, for compensation, engages, in

whole or in part, in the business of cashing checks.

     (4) "Currency transmission" means engaging in the business of any of the following:

     (i) Sale or issuance of payment instruments or stored value primarily for personal, family,

or household purposes; or

     (ii) Receiving money or monetary value for transmission or holding funds incidental to

transmission within the United States or to locations abroad by any and all means, including

payment instrument, stored value, wire, facsimile, or electronic transfer, primarily for personal,

family, or household purposes. This includes maintaining control of virtual currency or

transactions in virtual currency on behalf of others.

     (4)(5) "Deferred-deposit transaction" means any transaction, such as those commonly

known as "payday loans,", "payday advances,", or "deferred-presentment loans,", in which a cash

advance is made to a customer in exchange for the customer's personal check or in exchange for

the customer's authorization to debit the customer's deposit account and where the parties agree

either that the check will not be cashed or deposited, or that the customer's deposit account will

not be debited until a designated future date.

     (5)(6)(7) "Deliver" means to deliver a check to the first person who, in payment for the

check, makes, or purports to make, a remittance of, or against, the face amount of the check,

whether or not the deliverer also charges a fee in addition to the face amount and whether or not

the deliverer signs the check.

     (6) "Electronic money transfer" means receiving money for transmission within the

United States or to locations abroad by any means including, but not limited to, wire, facsimile, or

other electronic transfer system.

     (7)(8) "Insurance premium finance agreement" means an agreement by which an insured,

or prospective insured, promises to pay to an insurance premium finance company the amount

advanced, or to be advanced, under the agreement to an insurer or to an insurance producer, in

payment of a premium, or premiums, on an insurance contract, or contracts, together with interest

and a service charge, as authorized and limited by this title.

     (8)(9) "Insurance premium finance company" means a person or entity engaged in the

business of making insurance premium finance agreements or acquiring insurance premium

finance agreements from other insurance premium finance companies.

     (9)(10)(i) "Lender" means any person who makes or funds a loan within this state with

the person's own funds, regardless of whether the person is the nominal mortgagee or creditor on

the instrument evidencing the loan;

     (ii) A loan is made or funded within this state if any of the following conditions exist:

     (A) The loan is secured by real property located in this state;

     (B) An application for a loan is taken by an employee, agent, or representative of the

lender within this state;

     (C) The loan closes within this state;

     (D) The loan solicitation is done by an individual with a physical presence in this state; or

     (E) The lender maintains an office in this state.

     (iii) The term "lender" shall also include any person engaged in a transaction whereby the

person makes or funds a loan within this state using the proceeds of an advance under a line of

credit over which proceeds the person has dominion and control and for the repayment of which

the person is unconditionally liable. This transaction is not a table-funding transaction. A person

is deemed to have dominion and control over the proceeds of an advance under a line of credit

used to fund a loan regardless of whether:

     (A) The person may, contemporaneously with, or shortly following, the funding of the

loan, assign or deliver to the line of credit lender one or more loans funded by the proceeds of an

advance to the person under the line of credit;

     (B) The proceeds of an advance are delivered directly to the settlement agent by the line-

of-credit lender, unless the settlement agent is the agent of the line-of-credit lender;

     (C) One or more loans funded by the proceeds of an advance under the line of credit is

purchased by the line-of-credit lender; or

     (D) Under the circumstances, as set forth in regulations adopted by the director, or the

director's designee, pursuant to this chapter.

     (10)(11) "Licensee" means any person licensed under this chapter.

     (11)(12) "Loan" means any advance of money or credit including, but not limited to:

     (i) Loans secured by mortgages;

     (ii) Insurance premium finance agreements;

     (iii) The purchase or acquisition of retail installment contracts or advances to the holders

of those contracts;

     (iv) Educational loans;

     (v) Any other advance of money; or

     (vi) Any transaction, such as those commonly known as "payday loans,", "payday

advances,", or "deferred-presentment loans,", in which a cash advance is made to a customer in

exchange for the customer's personal check, or in exchange for the customer's authorization to

debit the customer's deposit account, and where the parties agree either, that the check will not be

cashed or deposited, or that customer's deposit account will not be debited, until a designated

future date.

     (12)(13) "Loan broker" means any person or entity who or that, for compensation or gain,

or in the expectation of compensation or gain, either directly or indirectly, solicits, processes,

negotiates, places, or sells a loan within this state for others in the primary market, or offers to do

so. A loan broker shall also mean any person who is the nominal mortgagee or creditor in a table-

funding transaction. A loan is brokered within this state if any of the following conditions exist:

     (i) The loan is secured by real property located in this state;

     (ii) An application for a loan is taken or received by an employee, agent, or representative

of the loan broker within this state;

     (iii) The loan closes within this state;

     (iv) The loan solicitation is done by an individual with a physical presence in this state; or

     (v) The loan broker maintains an office in this state.

     (13)(14) "Loan-closing services" means providing title services, including title searches,

title examinations, abstract preparation, insurability determinations, and the issuance of title

commitments and title insurance policies, conducting loan closings, and preparation of loan-

closing documents when performed by, or under the supervision of, a licensed attorney, licensed

title agency, or licensed title insurance company.

     (14)(15) "Loan solicitation" shall mean an effectuation, procurement, delivery and offer,

and advertisement of a loan. Loan solicitation also includes providing or accepting loan

applications and assisting persons in completing loan applications and/or advising, conferring, or

informing anyone regarding the benefits, terms and/or conditions of a loan product or service.

Loan solicitation does not include loan processing or loan underwriting as defined in this section.

Loan solicitation does not include telemarketing that is defined, for purposes of this section, to

mean contacting a person by telephone with the intention of collecting such person's name,

address, and telephone number for the sole purpose of allowing a mortgage loan originator to

fulfill a loan inquiry.

     (15)(16) "Loan underwriting" shall mean a loan process that involves the analysis of risk

with respect to the decision whether to make a loan to a loan applicant based on credit,

employment, assets, and other factors, including evaluating a loan applicant against a lender's

various lending criteria for creditworthiness, making a determination for the lender as to whether

the applicant meets the lender's pre-established credit standards, and/or making a

recommendation regarding loan approval.

     (16)(17) "Monetary value" means a medium of exchange, whether or not redeemable in

fiat currency.

     (16)(17)(18) "Mortgage loan" means a loan secured in whole, or in part, by real property

located in this state.

     (17)(18)(19) "Mortgage loan originator" has the same meaning set forth in � 19-14.10-

3(6).

     (18)(19)(20) "Nationwide Multi-state licensing system Licensing System Multistate

Licensing System" means a system involving more than one or more states state, the District of

Columbia, or the Commonwealth of Puerto Rico and which that is established to facilitate the

sharing of regulatory information and the licensing, application, reporting, and payment

processes, by electronic or other means, for mortgage lenders and loan brokers and other

licensees required to be licensed under this chapter.

     (19)(20)(21) "Natural person employee" shall mean any natural person performing

services as a bona fide employee for a person or entity licensed under � 19-14-1 et seq., in return

for a salary, wage, or other consideration, where such salary, wage, or consideration is reported

by the licensee on a federal form W-2 payroll record. The term does not include any natural

person or business entity performing services for a person licensed under the provisions of Rhode

Island general laws in return for a salary, wage, or other consideration, where such salary, wage,

or consideration is reported by the licensee on a federal form 1099.

     (20)(21)(22) "Negative equity" means the difference between the value of an asset and

the outstanding portion of the loan taken out to pay for the asset, when the latter exceeds the

former amount.

     (21)(22)(23) "Negotiates" shall mean, with respect to a loan, to confer directly with, or

offer advice directly to, a loan applicant or prospective loan applicant for a loan product or

service concerning any of the substantive benefits, terms, or conditions of the loan product or

service.

     (22)(23)(24) "Nonprofit organization" means a corporation qualifying as a 26 U.S.C. �

501(c)(3) nonprofit organization, in the operation of which no member, director, officer, partner,

employee, agent, or other affiliated person profits financially other than receiving reasonable

salaries if applicable.

     (23)(24)(25) "Operating subsidiary" shall mean a majority-owned subsidiary of a

financial institution or banking institution that engages only in activities permitted by the parent

financial institution or banking institution.

     (24)(25)(26) "Oversight and supervision of the licensee" shall mean that the licensee

provides training to the employee, sets the employee's hours of work, and provides the employee

with the equipment and physical premises required to perform the employee's duties.

     (25)(26)(27) "Personal money order" means any instrument for the transmission or

payment of money in relation to which the purchaser or remitter appoints, or purports to appoint,

the seller as his or her agent for the receipt, transmission, or handling of money, whether the

instrument is signed by the seller, or by the purchaser, or remitter, or some other person.

     (26)(27)(28) "Primary market" means the market in which loans are made to borrowers

by lenders, whether or not through a loan broker or other conduit.

     (27)(28)(29) "Principal owner" means any person or entity who or that owns, controls,

votes, or has a beneficial interest in, directly or indirectly, ten percent (10%) or more of the

outstanding capital stock and/or equity interest of a licensee.

     (28)(29)(30) "Processes" shall mean, with respect to a loan, any of a series of acts or

functions, including the preparation of a loan application and supporting documents, performed

by a person that leads to, or results in, the acceptance, approval, denial, and/or withdrawal of a

loan application, including, without limitation, the rendering of services, including loan

underwriting, obtaining verifications, credit reports or appraisals, communicating with the

applicant and/or the lender or loan broker, and/or other loan processing and origination services,

for consideration by a lender or loan broker. Loan processing does not include the following:

     (i) Providing loan closing services;

     (ii) Rendering of credit reports by an authorized credit reporting agency; and

     (iii) Rendering of appraisal services.

     (29)(30)(31) "Provisional employee" means a natural person who, pursuant to a written

agreement between the natural person and a wholly owned subsidiary of a financial holding

company, as defined in the Bank Holding Company Act of 1956 (12 U.S.C. � 1841 et seq.), as

amended, a bank-holding company, savings-bank-holding company, or thrift-holding company, is

an exclusive agent for the subsidiary with respect to mortgage loan originations and the

subsidiary: (a) Holds a valid loan broker's license; and (b) Enters into a written agreement with

the director, or the director's designee, to include:

     (i) An "undertaking of accountability,", in a form prescribed by the director, or the

director's designee, for all of the subsidiary's exclusive agents to include full-and-direct financial

and regulatory responsibility for the mortgage loan originator activities of each exclusive agent as

if said exclusive agent were an employee of the subsidiary;

     (ii) A business plan, to be approved by the director, or the director's designee, for the

education of the exclusive agents, the handling of consumer complaints related to the exclusive

agents, and the supervision of the mortgage loan origination activities of the exclusive agents; and

     (iii) A restriction of the exclusive agents' mortgage loan originators' activities to loans to

be made only by the subsidiary's affiliated bank.

     (30)(31)(32) "Sell" means to sell, to issue, or to deliver a check.

     (31)(32)(33) "Servicing" means receiving a scheduled, periodic payment from a

borrower, pursuant to the terms of a loan, including amounts for escrow accounts, and making the

payments to the owner of the loan or other third party of principal and interest and other

payments with respect to the amounts received from the borrower as may be required pursuant to

the terms of the servicing loan documents or servicing contract. In the case of a home equity

conversion mortgage or a reverse mortgage, servicing includes making payment to the borrower.

     (32)(33)(34) "Simple interest" means interest computed on the principal balance

outstanding immediately prior to a payment for one plus the actual number of days between

payments made on a loan over the life of a loan.

     (33)(34)(35) "Small loan" means a loan of less than five thousand dollars ($5,000), not

secured by real estate, made pursuant to the provisions of chapter 14.2 of this title.

     (34)(35)(36) "Small-loan lender" means a lender engaged in the business of making

small loans within this state.

     (36)(37) "Stored value" means monetary value representing a claim against the issuer that

is stored on an electronic or digital medium and is evidenced by an electronic or digital record,

and that is intended and accepted for use as a means of redemption for money or monetary value

or payment for goods or services. The term does not include stored value that is redeemable by

the issuer exclusively in goods or services; stored value that is redeemable exclusively in goods

or services limited to transactions involving a defined merchant or location or set of locations,

such as a specific retailer or retail chain, college campus, or program points, miles, or other units

issued in connection with a customer affinity or rewards program, even if there is a secondary

market for the stored value.

     (35)(37)(38) "Table-funding transaction" means a transaction in which there is a

contemporaneous advance of funds by a lender and an assignment by the mortgagee or creditor of

the loan to the lender.

     (36)(38)(39) "Third-party loan servicer" means a person or entity who or that, directly or

indirectly, engages in the business of servicing a loan secured by residential real estate located in

Rhode Island, for a personal, family, or household purpose, owed or due, or asserted to be owed

or due, another, or a person or entity that owns the servicing rights to a loan secured by residential

real estate located in Rhode Island whether or not that owner services the loan themselves or

contracts with another person or entity for the servicing.

     (39)(40) "Virtual currency":

     (i) Means a digital representation of value that:

     (A) Is used as a medium of exchange, unit of account, or store of value; and

     (B) Is not legal tender, whether or not denominated in legal tender; and

     (ii) Does not include:

     (A) A transaction in which a merchant grants, as part of an affinity or rewards program,

value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or

virtual currency;

     (B) A digital representation of value issued by or on behalf of a publisher and used solely

within an online game, game platform, or family of games sold by the same publisher or offered

on the same game platform;

     (C) Native digital token used in a proprietary blockchain service platform; or

     (D) A gift certificate; store gift card; general-use prepaid card; or loyalty, award, or

promotional gift card, as these terms are defined in federal Regulation E, title 12 C.F.R.

1005.20(a), without giving effect to any exception as specified in title 31 C.F.R. 1010.100 (kkk)

or any card, code or device, or other device that can add funds to those products.

     (37)(40)(41) "Writing" means hard-copy writing or electronic writing that meets the

requirements of � 42-127.1-2(7).


 

 

 

162)

Section

Amend Chapter Numbers:

 

19-14-2

226 and 246

 

 

19-14-2. Licenses required.

     (a) No person shall engage within this state in the business of: (1) Making or funding

loans or acting as a lender or small loan lender; (2) Brokering loans or acting as a loan broker; (3)

Selling checks for a fee or other consideration Providing currency transmission for a fee or other

consideration; (4) Cashing checks for a fee or other consideration, which includes any premium

charged for the sale of goods in excess of the cash price of the goods; (5) Providing electronic

money transfers for a fee or other consideration; (6)(5) Providing debt-management services;

(7)(6) Performing the duties of a mortgage-loan originator; (8)(7) Servicing a loan, directly or

indirectly, as a third-party loan servicer without first obtaining a license or registration from the

director or the director's designee. The licensing requirement for any person providing debt-

management plans shall apply to all persons, without regard for state of incorporation or a

physical presence in this state, who initiate or service debt-management plans for residents of this

state. Special exemptions from licensing for each activity are contained in other chapters in this

title.

     (b) No lender or loan-broker licensee shall permit an employee to act as a mortgage loan

originator without first verifying that such the originator is licensed under this chapter. No

individual may act as a mortgage-loan originator without being licensed, or act as a mortgage-

loan originator for more than one person. The license of a mortgage-loan originator is not

effective during any period when such the mortgage-loan originator is not associated with a

lender or loan-broker licensee.

     (c) Each loan negotiated, solicited, placed, found, or made without a license as required

in subsection (a) shall constitute a separate violation for purposes of this chapter.

     (d) No person engaged in the business of making or brokering loans in this state, whether

licensed in accordance with the provisions of this chapter or exempt from licensing, shall accept

applications, or referral of applicants from, or pay a fee to, any lender, loan broker, or mortgage-

loan originator who is required to be licensed or registered under said sections but is not licensed

to act as such by the director, or the director's designee.

     (e) No person, except those exempt pursuant to � 19-14.3-1, shall engage in the business

of currency transmission in this state without a license as provided in this chapter.

     (f) A currency transmission licensee may conduct its business in this state at one or more

locations, directly or indirectly owned, or through one or more authorized delegates, or both,

pursuant to the license granted under this chapter.

     (g) A person is considered to be engaged in the business of currency transmission in this

state if that person enters into a transaction with a person physically located in or resident in

Rhode Island at the time the transaction is initiated.


 

 

 

 

163)

Section

Amend Chapter Numbers:

 

19-14-4

88 (article 5), 226, and 246

 

 

19-14-4. Annual fee.

     (a) Each licensee shall pay an annual license fee as follows:

     (1) Each small-loan lender license and each branch certificate, the sum of five hundred fifty

dollars ($550);

     (2) Each loan-broker license and each branch certificate, the sum of five hundred fifty

dollars ($550);

     (3) Each lender license and each branch certificate, the sum of one thousand one hundred

dollars ($1,100);

     (4) Each sale of checks license, the sum of three hundred sixty dollars ($360);

     (5) Each check cashing license, the sum of three hundred sixty dollars ($360);

     (6) Each electronic money transfer license, the sum of three hundred sixty dollars ($360);

     (7) Each registration to provide debt-management services, the sum of two hundred dollars

($200);

     (8) Each mortgage-loan originator license, the sum of one four hundred dollars ($100 400);

and

     (9) Each third-party loan-servicer license and each branch certificate, the sum of one

thousand one hundred dollars ($1,100).

     (b) Any licensee who shall not pay the annual fee by December 31 of each year shall be

subject to a daily penalty of twenty-five dollars ($25) per day, subject to a maximum of seven

hundred fifty dollars ($750). The penalty shall be paid to the director to, and for the use of, the

state. The penalty may be waived for good cause by the director, or the director's designee, upon

written request.

 

 

19-14-4. Annual fee.

 

 

 (4) Each sale of checks currency transmission license, the sum of three hundred sixty

dollars ($360) one thousand dollars ($1,000);

(6) Each electronic money transfer license, the sum of three hundred sixty dollars ($360);


 

 

 

164)

Section

Amend Chapter Numbers:

 

19-14-5

226 and 246

 

 

19-14-5. Minimum capital.

     Each licensee, licensed pursuant to an application for license filed after June 30, 1995,

shall maintain the following minimum-net worth to be evidenced in accordance with regulations

promulgated by the director, or the director's designee.

     (1) Small-loan lenders, the sum of twenty-five thousand dollars ($25,000);

     (2) Loan brokers, the sum of ten thousand dollars ($10,000);

     (3) Lenders, the sum of one hundred thousand dollars ($100,000);

     (4) Sale of checks Currency transmission licensees, the sum of fifty thousand dollars

($50,000). If a licensee limits its actions to virtual currency, the licensee may include in its

calculation of net worth virtual currency, measured by the average value of the virtual currency in

U.S. Dollar equivalent over the prior six (6) months; and

     (5) Third-party loan servicers, the sum of one hundred thousand dollars ($100,000).


 

 

 

165)

Section

Amend Chapter Numbers:

 

19-14-6

226 and 246

 

 

19-14-6. Bond of applicant.

     (a) An applicant for any license shall file with the director, or the director's designee, a

bond to be approved by him or her in which the applicant shall be the obligor.

     (b) The amount of the bond shall be as follows:

     (1) Small-loan lenders, the sum of ten thousand dollars ($10,000);

     (2) Loan brokers, the sum of twenty thousand dollars ($20,000);

     (3) Lenders, the sum of fifty thousand dollars ($50,000);

     (4) Sale of checks and electronic money transfer Currency transmission licensees, the

sum of fifty thousand dollars ($50,000) subject to a maximum of one hundred and fifty thousand

dollars ($150,000) when aggregated with agent locations;

     (5) Check-cashing licensees who accept checks for collection with deferred payment, the

sum of fifty thousand dollars ($50,000) subject to a maximum of one hundred and fifty thousand

dollars ($150,000) when aggregated with agent locations;

     (6) Foreign-exchange licensees, the sum of ten thousand dollars ($10,000);

     (7) The amounts listed above apply to licensees with zero (0) to three (3) branch or agent

locations. Licensees with four (4) to seven (7) branches shall post a bond, as indicated above, and

an additional bond in the sum of ten thousand dollars ($10,000). Licensees with eight (8) or more

branches shall post a bond, as indicated above, and an additional bond in the sum of twenty-five

thousand dollars ($25,000);

     (8)(6)(8) Each debt-management services registrant, the amount provided in � 19-14.8-

13; or

     (9)(7)(9) Each third-party loan servicer, the sum of fifty thousand dollars ($50,000); or

     (8)(10) If a currency transmission licensee shows that a surety bond is not generally

available in this state at a commercially reasonable cost, the department may accept an alternative

form of security.

     (c) The bond shall run to the state for the use of the state and of any person who may

have cause of action against the obligor of the bond under the provisions of this title. The bond

shall be perpetual and shall be conditioned upon the obligor faithfully conforming to, and abiding

by, the provisions of this title and of all rules and regulations lawfully made, and the obligor will

pay to the state and to any person any and all money that may become due or owing to the state or

to the person from the obligor under, and by virtue of, the provisions of this title.

     (d) The provisions of subsection (b)(6) shall not apply to any foreign-exchange business

holding a valid, electronic money-transfer license issued pursuant to � 19-14-1 et seq., that has

filed with the division of banking the bond required by subsections (b)(4) and (b)(7).

     (e) The bond shall remain in force and effect until the surety is released from liability by

the director, or the director's designee, or until the bond is cancelled by the surety. The surety

may cancel the bond and be released from further liability under the bond upon receipt by the

director, or the director's designee, of written notice in a manner satisfactory to the director,

including, but not limited to, for documentation purpose of the cancellation of the bond at least

thirty (30) days in advance of the cancellation of the bond. The cancellation shall not affect any

liability incurred or accrued under the bond before the termination of the thirty-day (30) period.

Upon receipt of any notice of cancellation, the director shall provide written notice to the

licensee.

     (f) Upon receipt of any notice of cancellation, the director may provide written notice to

the licensee requiring reinstatement or replacement of the bond. Unless the bond is reinstated by

the surety, or a satisfactory replacement bond is filed with the director prior to the cancellation of

the original bond, the license shall be suspended. The licensee will be provided notice of the

suspension and may request a hearing within thirty (30) days. If the licensee does not request a

hearing, the director, or director's designee, shall issue an order revoking the license for failure to

comply with this section.


 

 

 

166)

Section

Amend Chapter Numbers:

 

19-14-26

226 and 246

 

 

19-14-26. Penalty for violations.

     Any person and the several members, officers, directors, agents, and employees of any

person who violate or participate (a) If a person other than a licensee engages in activity for

which licensure is required by this title with or on behalf of a resident in violation of this chapter,

the department may assess a civil penalty against the person in an amount not to exceed five

thousand dollars ($5,000) for each day of violation and/or may order that the person cease and

desist from all activities requiring licensure.

     (b) If a licensee materially violates or participates in the violation of any of the applicable

provisions of this title, or any regulation promulgated under this title, is guilty of a misdemeanor

and upon conviction shall be punished by a fine the department may assess a civil penalty of not

more than one thousand dollars ($1,000) for each violation or in the case of identifiable measured

transactions per transaction, or by imprisonment not exceeding one year, or both. Each violation

constitutes a separate offense. Complaints under the provisions of this chapter may be made by

the director, or the director's designee, and shall not be required to give surety for costs. The

attorney general shall prosecute all complaints criminal activities under this chapter.

     (c) A civil penalty under this section continues to accrue until the earlier of the following:

     (1) The date the violation ceases; or

     (2) A date specified by the department.

     (d) In addition to the remedies set forth in subsections (a) and (b) of this section, upon

proof of a material violation by a licensee, the department may take any of the following actions:

     (1) Suspend or revoke a license or registration under this chapter;

     (2) Order a person to cease and desist from doing activity for which a license or registrant

is required with or on behalf of a resident;

     (3) Request the court to appoint a receiver for the assets of a licensee or registrant;

     (4) Request the court to issue temporary, preliminary, or permanent injunctive relief

against a licensee or registrant;

     (5) Recover on the bond or security posted by the licensee or registrant; or

     (6) Impose necessary or appropriate conditions on the conduct of business activity with

or on behalf of a resident.

     (e) All actions of the department under this section shall be taken in accordance with the

requirements of chapter 35 of title 42, (the administrative procedures act).


 

 

 

167)

Section

Amend Chapter Numbers:

 

19-14.3-1

226 and 246

 

 

19-14.3-1. Exemption from licensing.

     No license to sell checks or engage in the business of currency transmission electronic

money transfers shall be required of any:

     (1) Regulated institution, bank, or credit union organized under the laws of the United

States, or subject to written notice with a designated Rhode Island agent for service of process in

the form prescribed by the director, or the director's designee, of any other state within the United

States if the laws of the other state in which such the bank or credit union is organized authorizes

under conditions not substantially more restrictive than those imposed by the laws of this state, as

determined by the director, or the director's designee, a financial institution or credit union to

engage in the business of selling checks or electronic money transfers currency transmission in

the other state; no bank or credit union duly organized under the laws of any other state within the

United States may receive deposits, pay checks, or lend money from any location within this state

unless such the bank or credit union has received approval from the director, or the director's

designee, for the establishment of an interstate branch office pursuant to chapter 7 of title 19 this

title;

     (2) Natural person employee who is employed by a licensee when acting on the licensee's

behalf; or

     (3) Agents or authorized delegates any licensee shall designate or appoint. No sale of

check or electronic money transfer currency transmission licensee shall be required to obtain a

branch office license pursuant to � 19-14-12, or shall be subject to the provisions of � 19-14-24,

or shall be required to obtain a license pursuant to chapter 14.4 of this title for check-cashing

services incidental to the sale of checks and electronic money transfers and the person charges not

more than fifty cents ($.50) per check cashedAgents or authorized delegates, in their capacity as

agents of the licensee, are subject to the supervision and regulation by the director

notwithstanding exemption from licensure.

     (4) This chapter shall not apply to activity by:

     (i) The United States, a state, political subdivision of a state, agency or instrumentality of

federal, state, or local government, or a foreign government or a subdivision, department, agency

or instrumentality of a foreign government;

     (ii) A person whose participation in a payment system is limited to providing processing,

clearing, or performing settlement services solely for transactions between or among persons that

who are exempt from the licensing or registration requirements of this chapter;

     (iii) A person engaged in the business of dealing in foreign exchange to the extent the

person's activity meets the definition in 31 C.F.R. 1010.605(f)(1)(iv), as may be amended from

time to time;

     (iv) A person that who:

     (A) Contributes only connectivity software or computing power to support the stability

and security of the underlying network;

     (B) Provides only data storage or security services for a business engaged in virtual

currency business activity and does not otherwise engage in virtual currency business activity on

behalf of another person;

     (C) Provides only to a person otherwise exempt from this chapter virtual currency as one

or more enterprise solutions used solely among each other and has no agreement or relationship

with a resident that is an end-user of virtual currency; or

     (D) Transmission or communications services providers that provide only the means of

transmission or communications.;

     (v) A person using virtual currency, including creating, investing, buying, or selling, or

obtaining virtual currency as payment for the purchase or sale of goods or services, solely:

     (A) On its own behalf;

     (B) For personal, family, or household purposes; or

     (C) For academic purposes;

     (vi) An attorney to the extent of providing escrow services to a resident;

     (vii) A title insurance company to the extent of providing escrow services to a resident;

     (viii) A securities intermediary, as defined in � 6A-8-102, or a commodity intermediary,

as defined � 6A-9-102, that:

     (A) Does not engage in the ordinary course of business in virtual currency business

activity with or on behalf of a resident in addition to maintaining securities accounts or

commodities accounts and is regulated as a securities intermediary or commodity intermediary

under federal law, the law of this state other than this chapter, or the law of another state; and

     (B) Affords resident protections comparable to those set forth in � 19-14.3-3.6;

     (ix) A secured party defined in � 6A-9-102(a) or creditor with a judicial lien or lien

arising by operation of law on collateral that is virtual currency, if the virtual currency business

activity of the creditor is limited to enforcement of the security interest in compliance with

chapter 9 of title 6A or a lien in compliance with the law applicable to the lien;

     (x) A virtual currency control-services vendor; or

     (xi) A person that:

     (A) Does not receive compensation from or on behalf of a resident or from sales of data

pertaining to a resident for:

     (I) Providing virtual currency products or services; or

     (II) Conducting virtual currency business activity; or

     (B) Is engaged in testing products or services with the person's own funds.

     (5) The department may determine that a person or class of persons, given facts particular

to the person or class, should be exempt from this chapter, whether the person or class is covered

by requirements imposed under federal law on a money-service business.

 


 

 

 

168)

Section

Add Chapter Numbers:

 

19-14.3

226 and 246

 

 

CHAPTER 14.3

SALE OF CHECKS AND ELECTRONIC MONEY TRANSFERS


 

 

 

169)

Section

Add Chapter Numbers:

 

19-14.3-1.1

226 and 245

 

 

19-14.3-1.1. Definitions.

     In addition to the definitions provided in � 19-14-1 the following definitions are

applicable to this chapter:

     (1) "Control" means:

     (i) When used in reference to a transaction or relationship involving virtual currency, the

power to execute unilaterally or prevent indefinitely a virtual currency transaction; and

     (ii) When used in reference to a person, the direct or indirect power to direct the

management, operations, or policies of the person through legal or beneficial ownership of

twenty-five percent (25%) or more of the voting power in the person or under a contract,

arrangement, or understanding.

     (2) "Department" means the department of business regulation, division of banking;.

     (3) "Exchange," used as a verb, means to assume control of virtual currency from or on

behalf of a resident, at least momentarily, to sell, trade, or convert:

     (i) Virtual currency for legal tender, bank credit, or one or more forms of virtual

currency; or

     (ii) Legal tender or bank credit for one or more forms of virtual currency.

     (4) "Legal tender" means a medium of exchange or unit of value, including the coin or

paper money of the United States, issued by the United States or by another government.

     (5) "Licensee" means a person licensed under this chapter.

     (6) "Monetary value" means a medium of exchange, whether or not redeemable in

money.

     (7) "Reciprocity agreement" means an arrangement between the department and the

appropriate licensing agency of another state which that permits a licensee operating under a

license granted by the other state to engage in currency transmission business activity with or on

behalf of a resident.

     (8) "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

     (9) "Registry" means the Nationwide Multistate Licensing System.

     (10) "Resident":

     (i) Means a person that:

     (A) Is domiciled in this state;

     (B) Is physically located in this state for more than one hundred eighty-three (183) days

of the previous three hundred sixty-five (365) days; or

     (C) Has a place of business in this state; and

     (ii) Includes a legal representative of a person that satisfies subsection (10)(i) of this

section.

     (11) "Responsible individual" means an individual who has managerial authority with

respect to a licensee's currency transmission business activity with or on behalf of a resident.

     (12) "Sign" means, with present intent to authenticate or adopt a record:

     (i) To execute or adopt a tangible symbol; or

     (ii) To attach to or logically associate with the record an electronic symbol, sound, or

process.

     (13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

the United States.

     (14) "Store," except in the phrase "store of value," means to maintain control of virtual

currency on behalf of a resident by a person other than the resident. "Storage" and "storing" have

corresponding meanings.

     (15) "Transfer" means to assume control of virtual currency from or on behalf of a

resident and to:

     (i) Credit the virtual currency to the account of another person;

     (ii) Move the virtual currency from one account of a resident to another account of the

same resident; or

     (iii) Relinquish control of virtual currency to another person.

     (16) "U.S. Dollar equivalent of virtual currency" means the equivalent value of a

particular virtual currency in United States dollars shown on a virtual currency exchange based in

the United States for a particular date or period specified in this chapter.

     (17) "Virtual currency business activity" means:

     (i) Exchanging, transferring, or storing virtual currency whether directly or through an

agreement with a virtual currency control-services vendor;

     (ii) Holding electronic precious metals or electronic certificates representing interests in

precious metals on behalf of another person or issuing shares or electronic certificates

representing interests in precious metals; or

     (iii) Exchanging one or more digital representations of value used within one or more

online games, game platforms, or family of games for:

     (A) Virtual currency offered by or on behalf of the same publisher from which the

original digital representation of value was received; or

     (B) Legal tender or bank credit outside the online game, game platform, or family of

games offered by or on behalf of the same publisher from which the original digital

representation of value was received.

     (18) "Virtual currency control-services vendor" means a person that who has control of

virtual currency solely under an agreement with a person that who, on behalf of another person,

assumes control of virtual currency.


 

 

 

 

 

 

 

 

170)

Section

Add Chapter Numbers:

 

19-14.3-1.2

226 and 246

 

 

19-14.3-1.2. License by reciprocity.

     (a) A person licensed by another state to engage in currency transmission business

activity in that state may engage in currency transmission business activity with or on behalf of a

resident to the same extent as a licensee if:

     (1) The department determines that the state in which the person is licensed has in force

laws regulating currency transmission business activity which that are substantially similar to, or

more protective of rights of users than, this chapter and enters into a reciprocity agreement with

the other state that the state will allow reciprocal licensing of persons licensed under this chapter.

     (2) An application under this section is filed with the registry and the applicant shall

notify the department in a record that the applicant has submitted the application to the registry

and shall submit to the department:

     (i) A certification of license history from the agency responsible for issuing a license in

each state in which the applicant has been licensed to conduct currency transmission business

activity;

     (ii) A nonrefundable reciprocal licensing application fee in the amount required by � 19-

14-6;

     (iii) All other information requested by the department in the application for licensure on

the registry.


 

 

 

171)

Section

Add Chapter Numbers:

 

19-14.3-1.3

226 and 246

 

 

19-14.3-1.3. Cooperation and data-sharing authority.

     (a) The department may cooperate, coordinate, jointly examine, consult, and share

records and other information with the appropriate regulatory agency of another state, a self-

regulatory organization, federal or state regulator of banking or non-depository providers, or a

regulator of a jurisdiction outside the United States, concerning the affairs and conduct of a

licensee in this state.

     (b) The department shall:

     (1) Establish or participate in, with another state that enacts a law substantially similar to

this chapter, a central depository for filings required by law of this state other than this chapter;

     (2) Cooperate in developing and implementing uniform forms for applications and

renewal reports and the conduct of joint administrative proceedings and civil actions;

     (3) Formulate joint rules, forms, statements of policy, and guidance and interpretative

opinions and releases; and

     (4) Develop common systems and procedures.

     (c) In deciding whether and how to cooperate, coordinate, jointly examine, consult, or

share records and other information under subsection (a) of this section, the department shall

consider:

     (1) Maximizing effectiveness and uniformity of regulation, examination, implementation,

and enforcement for the benefit of residents and licensees and registrants; and

     (2) Minimizing burdens on licensees and registrants without adversely affecting

protection for residents.


 

 

 

 

 

 

172)

Section

Add Chapter Numbers:

 

19-14.3-3.5

226 and 246

 

 

19-14.3-3.5. Required disclosures for virtual currency.

     (a) A licensee engaging in virtual currency business activities shall provide to a resident

who uses the licensee's virtual currency products or service the disclosures required by subsection

(b) of this section and any additional disclosure the department by rule determines reasonably

necessary for the protection of residents. The department may determine by rule any additional

disclosures and/or the time and form required for disclosure. A disclosure required by this section

must be made separately from any other information provided by the licensee and in a clear and

conspicuous manner in a record the resident may keep. A licensee may propose for the

department's approval alternate disclosures as more appropriate for its virtual currency business

activity with or on behalf of residents.

     (b) Before establishing a relationship with a resident, a licensee shall disclose, to the

extent applicable to the virtual currency business activity the licensee will undertake with the

resident:

     (1) A schedule of fees and charges the licensee may assess, the manner by which fees and

charges will be calculated if they are not set in advance and disclosed, and the timing of the fees

and charges;

     (2) Whether the product or service provided by the licensee is covered by:

     (i) A form of insurance or is otherwise guaranteed against loss by an agency of the United

States:

     (A) Up to the full U.S. Dollar equivalent of virtual currency placed under the control of

or purchased from the licensee as of the date of the placement or purchase, including the

maximum amount provided by insurance under the Federal Deposit Insurance Corporation or

otherwise available from the Securities Investor Protection Corporation; or

     (B) If not provided at the full U.S. Dollar equivalent of virtual currency placed under the

control of or purchased from the licensee, the maximum amount of coverage for each resident

expressed in the U.S. Dollar equivalent of the virtual currency; or

     (ii) Private insurance against theft or loss, including cyber theft or theft by other means;

     (3) The irrevocability of a transfer or exchange and any exception to irrevocability;

     (4) A description of:

     (i) Liability for an unauthorized, mistaken, or accidental transfer or exchange;

     (ii) The resident's responsibility to provide notice to the licensee of the transfer or

exchange;

     (iii) The basis for any recovery by the resident from the licensee;

     (iv) General error-resolution rights applicable to the transfer or exchange; and

     (v) The method for the resident to update the resident's contact information with the

licensee;

     (5) That the date or time when the transfer or exchange is made and the resident's account

is debited may differ from the date or time when the resident initiates the instruction to make the

transfer or exchange;

     (6) Whether the resident has a right to stop a pre-authorized payment or revoke

authorization for a transfer and the procedure to initiate a stop-payment order or revoke

authorization for a subsequent transfer;

     (7) The resident's right to receive a receipt, trade ticket, or other evidence of the transfer

or exchange;

     (8) The resident's right to at least thirty (30) days' prior notice of a change in the

licensee's fee schedule, other terms and conditions of operating its virtual currency business

activity with the resident and the policies applicable to the resident's account; and

     (9) That virtual currency is not legal tender.

     (c) Except as otherwise provided in subsection (d) of this section, at the conclusion of a

virtual currency transaction with or on behalf of a resident, a licensee shall provide the resident a

confirmation in a record which that contains:

     (1) The name and contact information of the licensee, including information the resident

may need to ask a question or file a complaint;

     (2) The type, value, date, precise time, and amount of the transaction; and

     (3) The fee charged for the transaction, including any charge for conversion of virtual

currency to legal tender, bank credit, or other virtual currency.

     (d) If a licensee discloses that it will provide a daily confirmation in the initial disclosure

under subsection (c) of this section, the licensee may elect to provide a single, daily confirmation

for all transactions with or on behalf of a resident on that day instead of a per-transaction

confirmation.


 

 

173)

Section

Add Chapter Numbers:

 

19-14.3-6

226 and 246

 

 

19-14.3-3.6. Property interests and entitlements to virtual currency.

     (a) A licensee that has control of virtual currency for one or more persons shall maintain

in its control an amount of each type of virtual currency sufficient to satisfy the aggregate

entitlements of the persons to the type of virtual currency.

     (b) If a licensee violates subsection (a) of this section, the property interests of the

persons in the virtual currency are pro rata property interests in the type of virtual currency to

which the persons are entitled, without regard to the time the persons became entitled to the

virtual currency or the licensee obtained control of the virtual currency.

     (c) The virtual currency referred to in this section is:

     (1) Held for the persons entitled to the virtual currency;

     (2) Not property of the licensee; and

     (3) Not subject to the claims of creditors of the licensee.


 

 

174)

Section

Add Chapter Numbers:

 

19-14.3-7

226 and 246

 

 

19-14.3-3.7. Mandated compliance programs and monitoring.

     (a) An applicant, before submitting an application, shall create and, during licensure,

maintain in a record, policies and procedures for:

     (1) An information-security and operational-security program;

     (2) A business-continuity program;

     (3) A disaster-recovery program;

     (4) An anti-fraud program;

     (5) An anti-money-laundering program; and

     (6) A program to ensure compliance with the Bank Secrecy Act and the USA Patriot Act.

     (b) A licensee's information-security and operational-security policy must include

reasonable and appropriate administrative, physical, and technical safeguards to protect the

confidentiality, integrity, and availability of any non-public personal information or currency

transmission it receives, maintains, or transmits.

     (c) A licensee is not required to file with the department a copy of a report it makes to a

federal authority unless the department specifically requires filing.

     (d) After the policies and procedures required under this section are created by the

licensee and approved by the department, the licensee shall engage a responsible individual with

adequate authority and experience to monitor each policy and procedure, recommend changes as

desirable, and enforce it.

     (e) A licensee may:

     (1) Request advice from the department as to compliance with this section; and

     (2) With the department's approval, outsource functions, other than compliance, required

under this section.

     (f) Failure of a particular policy or procedure adopted under this section to meet its goals

in a particular instance is not a ground for liability of the licensee if the policy or procedure was

created, implemented, and monitored properly. Repeated failures of a policy or procedure are

evidence that the policy or procedure was not created or implemented properly.


 

 

 

175)

Section

Add Chapter Numbers:

 

19-14.3-8

226 and 246

 

 

19-14.3-3.8. Prohibited acts and practices.

     (a) No person required to be licensed under this chapter shall:

     (1) Fail to remit all money or monetary value received for transmission pursuant to this

chapter, or give instructions committing equivalent money or monetary value to the person

designated by the sender within ten (10) days after receipt by the licensee unless otherwise

directed by the sender except in cases relating to the prevention and detection of fraud or money

laundering, compliance with applicable sanctions, regimes and other related compliance

obligations;

     (2) Fail to immediately notify the director in writing if the licensee dishonors or fails to

satisfy any currency transmission transaction within the ten (10) days following receipt for any

reason other than direction by the sender except in cases relating to the prevention and detection

of fraud or money laundering, compliance with applicable sanctions, regimes and other related

compliance obligations;

     (3) Engage in the business of currency transmission in the state under any name other

than that which it is organized or otherwise authorized to do business in the state;

     (4) Fail to comply with the Federal Bank Secrecy Act, 31 U.S.C. 5311 et seq., and 31

C.F.R. Part 1022, including maintenance of an active registration with the United States

Department of Treasury Financial Crimes Enforcement Network;

     (5) Fail to comply with the Federal Electronic Funds Fund Transfer Act, 15 U.S.C. 1693

et seq., and Regulation E, 12 C.F.R. 1005 et seq.;

     (6) Fail to safeguard identifying information obtained in the course of currency

transmission and otherwise comply with the requirements set forth in chapter 52 of title 6;

     (7) Fail to comply with applicable state and federal laws and regulations related to the

business of currency transmission;

     (8) Use or cause to be published or disseminated any advertising communication which

that contains any false, misleading, or deceptive statement or representation; or

     (9) Engage in unfair, deceptive, or fraudulent practices.


 

 

 

176)

Section

Amend Chapter Numbers:

 

19-14.4-3

289 and 303

 

 

19-14.4-3. Rules and regulations.

     (a) The director, or the director's designee, is authorized, directed, and empowered to

promulgate regulations that provide for the safety and security of customers of the licensee,

and/or its employees, from robbery or other criminal activities to include, but not be limited to,

bulletproof glass and steel partitions, except as provided in subsection (c) of this section.

     (b) The rules and regulations, in addition to any other provisions as the director, or the

director's designee, may require, must provide that licensees maintain:

     (1) Continuously, for each licensed premises, liquid assets of at least ten thousand dollars

($10,000);

     (2) A cash sheet that must be prepared daily for each day's business reflecting all

transactions for that day;

     (3) A money-order register recording the date issued, money order number, amount, and

date paid. In lieu of the money-order register, a copy of the money order may be kept when

carbonized type money orders are used;

     (4) Insurance issued by an insurance company or indemnity company, authorized to do

business under the laws of this state, that shall insure the applicant against loss by theft, burglary,

robbery, or forgery in principal sum, as determined by the director, or the director's designee, that

shall in no event be less than ten thousand dollars ($10,000), nor more than one hundred thousand

dollars ($100,000). The required amounts shall bear a relationship to the liquid assets on hand at

the licensed location; and

     (5) An adequate written policy and affirmative program to ensure compliance with state

and federal money laundering statutes.

     (c) Notwithstanding the provisions of subsection (a) of this section or any rule or

regulation promulgated by the department of business regulation pertaining to check cashers,

persons hosting state-operated video lottery games, and state-operated casino gaming pursuant to

licenses issued by the department of business regulation, division of gaming and athletics, and the

department of revenue, division of lotteries, are and shall be exempt from any requirement that

they construct and maintain bulletproof glass and steel partitions at check cashing stations,

transaction windows, counters and/or similar areas, whether or not an exchange of funds, checks,

money orders, or other transactions take place therein.


 

 

 

177)

Section

Add Chapter Numbers:

 

19-33

199 and 265

 

 

CHAPTER 33

STUDENT LOAN BILL OF RIGHTS ACT


 

 

 

178)

Section

Add Chapter Numbers:

 

19-33-1

199 and 265

 

 

19-33-1. Title.

     This chapter shall be known and may be cited as the "Student Loan Bill of Rights Act."


 

 

 

179)

Section

Add Chapter Numbers:

 

19-33-2

199 and 265

 

 

19-33-2. Definitions.

     As used in this chapter:

     (1) "Commissioner" means the commissioner of postsecondary education.

     (2) "Department" means the department of business regulation, division of banking.

     (3) "Director" means the director of the department of business regulation or designee.

     (4) "Distressed borrower" means a student loan education borrower who is not considered

current on their student education loan payments by the student loan servicer.

     (5) "Student education loan" means any loan made to a student loan borrower primarily

for personal use to finance postsecondary education or other school-related expenses, and does

not include an extension of credit under an open-end consumer credit plan, a reverse mortgage

transaction, a residential mortgage transaction, or any other loan that is secured by real property

or a dwelling.

     (6) "Student loan borrower" means:

     (i) Any resident of this state who has received or agreed to pay a postsecondary student

education loan; or

     (ii) Any person who shares responsibility, as a guarantor or by other legal obligation,

with such resident for repaying the postsecondary student education loan for another.

     (7) "Student loan servicer" means any person or entity who or that engages in student

loan servicing as defined in this chapter.

     (8) "Student loan servicing" or "servicing" means:

     (i)(A) Receiving any scheduled periodic payments from a student loan borrower or

notification of such payments; and

     (B) Applying payments to the student loan borrower's account pursuant to the terms of

the student education loan or of the contract governing the servicing;

     (ii) During a period when no payment is required on a student education loan,

maintaining account records for the loan; and

     (iii) Communicating with the student loan borrower regarding the loan, on behalf of the

loan's holder; or

     (iv) Interactions with a student loan borrower, including activities to help prevent default

on obligations arising from student education loans, conducted to facilitate the activities

described in this section.


 

 

 

180)

Section

Add Chapter Numbers:

 

19-33-3

199 and 265

 

 

19-33-3. Borrower assistance, education, and complaints.

     (a) The department of attorney general's consumer protection unit, in collaboration with

the director, general treasurer, and commissioner, shall:

     (1) Receive, review, and attempt to resolve complaints from student loan borrowers;

     (2) Compile and analyze data on student loan borrower complaints;

     (3) Assist student loan borrowers to understand their rights and responsibilities under the

terms of student education loans;

     (4) Provide information to the public, agencies, the general assembly, and others

regarding the problems and concerns of student loan borrowers and make recommendations for

resolving those problems and concerns;

     (5) Share information concerning the availability of the consumer protection unit to assist

student loan borrowers and potential student loan borrowers, as well as public institutions of

higher education, student loan servicers, and any other participant in student education loan

lending with any student loan servicing concerns; and

     (6) Take any other actions necessary to fulfill the borrower assistance, education, and

complaints-related duties in this chapter; and.

     (b) The attorney general, the director, the general treasurer, and the commissioner, or

designees, shall meet at least once per quarter to coordinate their efforts under this chapter.


 

 

 

181)

Section

Add Chapter Numbers:

 

19-33-4

199 and 265

 

 

19-33-4. Registration of student loan servicers.

     (a) Each person or entity who or that services any student education loan issued to a

student loan borrower after July 1, 2019, shall register with the department as a student loan

servicer no later than September 30, 2019, or within thirty (30) days of conducting servicing of

student education loans, whichever is earlier.

     (b) The registration provisions of this chapter shall not apply to:

     (1) Any person or entity who or that services fewer than six (6) student education loans

in this state during any consecutive twelve-(12) month (12) period; and

     (2) Any person or entity that services loans for education other than postsecondary

education.

     (c) As part of that registration, the person or entity shall:

     (1) Complete a registration in the form promulgated by the department providing the

information requested by the application;

     (2) Pay an annual registration fee of one thousand dollars ($1,000);

     (3) Provide a bond in which the registrant shall be the obligor, and which shall run to the

state for the use of the state and of the person who may have a cause of action against the obligor

of the bond under the provisions of this chapter. The bond shall be perpetual and shall be

conditioned upon the obligor conforming to the provisions of this chapter and all regulations

thereunder and the obligor will pay to the state and to any person all money that may become due

or owing to the state or to the person from the obligor under the provisions of this chapter. The

bond shall provide for notice directly to the department in the manner specified by the

department, if the bond is cancelled canceled by the surety for any reason. The bond shall be in

the sum of fifty thousand dollars ($50,000).;

     (4) Appoint, and thereafter maintain, a resident agent in this state with authority to accept

service of process for the registrant in this state, including the process of garnishment:

     (i) Service of process upon the agent shall be deemed sufficient service upon the

registrant; and

     (ii) Any process, including the process of garnishment, may be served upon the director,

as agent of the registrant, in the event that no resident agent can be found upon whom service can

be made, or the registrant has failed to designate a resident agent as required.

     (d) No registration shall be transferable or assignable. A change in ownership of less than

twenty-five percent (25%) of the voting stock or equity interests of a registrant shall not be

considered a transfer or assignment of the registration. A change in ownership of twenty-five

percent (25%) or more of the voting stock or equity interests shall require notification to the

department, and registration by the transferee/assignee within fifteen (15) days of the change in

ownership. A change in name shall require notification to the department within fifteen (15) days.

     (e) Any registrant shall, within twenty-four (24) hours after actual knowledge, notify the

department of the occurrence of any of the following events:

     (1) The institution of bankruptcy, receivership, reorganization, or insolvency proceedings

regarding a registrant;

     (2) The institution of any adverse government action against a registrant; or

     (3) Any felony indictment or conviction of any registrant or any officers, directors,

owners, employees, members, or partners thereof.

     (f) Student loan servicers shall designate and provide contact information for an

individual to represent the student loan servicer in communications with the department. Such

This information shall be updated within ten (10) days of any change thereto.

     (g) Registration shall be valid for one calendar year, and student loan servicers shall be

required to renew their registration with the department annually.

     (h) The department may assess a fine of ten thousand dollars ($10,000) on any student

loan servicer that services student education loans for thirty (30) or more days without registering

and complying with the conditions provided in this section.

     (i) The department may share any information gathered through its registration or

examination of student loan servicers with the attorney general.


 

 

 

182)

Section

Add Chapter Numbers:

 

19-33-5

199 and 265

 

 

19-33-5. Servicer registration account established.

     There is established a restricted receipt account to be known as the "servicer registration

account" which shall be a separate account within the department. Registration fees and other

monies, excluding examination fees pursuant to � 19-33-9, received by the department pursuant

to the terms of this chapter shall be deposited into the account. Monies deposited in the account

shall be transferred to the department of attorney general's student loan consumer protection

account at the request of the attorney general and shall be expended for the purpose of

administering the provisions of this chapter.


 

 

 

 

 

 

183)

Section

Add Chapter Numbers:

 

19-33-6

199 and 265

 

 

19-33-6. Maintenance of records.

     (a) Each student loan servicer shall maintain complete records of each student education

loan transaction, including recordings of communications with borrowers, for not less than two

(2) years following the final payment on such student education loan or the assignment of such

student education loan, whichever occurs first, or any longer period as may be required by any

other provision of the general or public laws.

     (b) If requested by the division of banking, each student loan servicer shall make all

records available, not later than five (5) business days after requested. Upon request, the

department may grant a student loan servicer additional time to make such these records

available.


 

 

 

184)

Section

Add Chapter Numbers:

 

19-33-7

199 and 265

 

 

19-33-7. Reporting requirements.

     (a) Each registrant shall annually, on or before March 31, file a report with the

department, giving any relevant information that the department may reasonably require

concerning the business and operations during the preceding calendar year of the registrant

within the state. At the time of filing each report, the sum of fifty-five dollars ($55.00) per

registration shall be paid by the registrant to the department. Any registrant that delays the

transmission of any report required by the provisions of this chapter beyond the limit, unless

additional time is granted, in writing, for good cause, the department shall assess a penalty of

twenty-five dollars ($25.00) for each day of the delay.


 

 

 

185)

Section

Add Chapter Numbers:

 

19-33-8

199 and 265

 

 

19-33-8. Responsibilities of student loan servicers.

     (a) A student loan servicer shall provide annually, and at the request of a student loan

borrower, the terms of their loan, progress toward repayment, and eligibility for any loan relief

programs including, but not limited to, income-driven repayment plans, public service loan

forgiveness, forbearance, and deferment.

     (b) A student loan servicer shall establish policies and procedures, and implement them

consistently, in order to facilitate evaluation of private student loan alternative repayment

arrangement requests, including providing accurate information regarding any private student

loan alternative repayment arrangements that may be available to the borrower through the

promissory note, or that may have been marketed to the borrower through marketing materials.

     (c) A private student loan alternative repayment arrangement shall consider the

affordability of repayment plans for a distressed borrower, as well as the investor, guarantor, and

insurer guidelines, and previous outcome and performance information.

     (d) If a student loan servicer offers private student loan repayment arrangements, a

student loan servicer shall consistently present and offer those arrangements to borrowers with

similar financial circumstances.

     (e) If a borrower inquires of a servicer of private student loans about consolidating or

refinancing a federal student loan into a private student loan, the servicer of private student loans

must disclose in advance of the refinancing or consolidation, any benefits or protections exclusive

to federal student loans that may be lost as a result of the consolidation or refinancing.

     (f) A student loan servicer shall respond to a written inquiry from a student loan

borrower, or the representative of a student loan borrower, within ten (10) business days after

receipt of the request, and provide information relating to the request and, if applicable, the action

the student loan servicer will take to correct the account or an explanation for the student loan

servicer's position that the borrower's account is correct.

     (1) The ten-(10) day (10) period described in subsection (e) of this section may be

extended for not more than fifteen (15) days, if before the end of the ten-(10) day (10) period the

student loan servicer, notifies the borrower or the borrower's representative of the extension, and

the reasons for the delay in responding.

     (2) After receipt of a written request related to a credit reporting dispute on a borrower's

payment on a student education loan, a student loan servicer shall not furnish adverse information

to a consumer reporting agency regarding a payment that is the subject of the written inquiry.

     (g) Except as provided by federal law or required by a student loan agreement, a student

loan servicer shall inquire of a borrower how to apply an overpayment to a student education

loan. A borrower's direction on how to apply an overpayment to a student education loan shall

stay in effect for any future overpayments during the term of a student education loan until the

borrower provides different directions. For purposes of this section, "overpayment" means a

payment on a student education loan in excess of the monthly amount due from a borrower on a

student education loan, also commonly referred to as a prepayment.

     (h) Where a borrower has multiple loans at the same level of delinquency, a student loan

servicer shall apply partial payments in a manner that minimizes late fees and negative credit

reporting by applying such payments to satisfy as many individual loan payments as possible on a

borrower's account. For purposes of this section, "partial payment" means a payment on a student

loan account that contains multiple individual loans in an amount less than the amount necessary

to satisfy the outstanding payment due on all loans in the student loan account, also commonly

referred to as an underpayment.

     (i) In the event of the sale, assignment, or other transfer of the servicing of a student

education loan that results in a change in the identity of the person to whom a student loan

borrower is required to send payments or direct any communication concerning the student

education loan, the following provisions apply:

     (1) As a condition of a sale, an assignment, or any other transfer of the servicing of a

student education loan, a student loan lender shall require the new student loan servicer to honor

all benefits originally represented as available to a student loan borrower during the repayment of

the student education loan and preserve the availability of the benefits, including any benefits for

which the student loan borrower has not yet qualified.

     (2) A student loan servicer shall transfer to the new student loan servicer all records

regarding the student loan borrower, the account of the student loan borrower, and the student

education loan of the student loan borrower.

     (3) The records required under subsection (h)(2) of this section shall include the

repayment status of the student loan borrower and any benefits associated with the student

education loan of the student loan borrower.

     (4) The student loan servicer shall complete the transfer of records required under

subsection (h)(2) of this section within forty-five (45) days after the sale, assignment, or other

transfer of the servicing of a student education loan.

     (5) The parties shall notify all student loan borrowers impacted by the sale, assignment,

or other transfer of the servicing of a student education loan at least seven (7) days before the next

payment on the loan is due. Notice must include: the The identity of the new loan holder and/or

servicer,; the effective date of the transfer,; the date on which the old servicer will no longer

accept payments,; the date on which the new servicer will begin to accept payments,; and contact

and billing information for loan payments.

     (j) A student loan servicer that services a student education loan shall adopt policies and

procedures to verify that the student loan servicer has received all records regarding the student

loan borrower,; the account of the student loan borrower,; and the student education loan of the

student loan borrower, including the repayment status of the student loan borrower and any

benefits associated with the student education loan of the student loan borrower.

     (k) When a prior student loan servicer receives a payment intended for the new student

loan servicer, the prior student loan servicer must promptly transfer the payment to the new

servicer, along with the date the prior servicer received the payment.

     (l) When a new servicer receives a payment from a prior servicer under subsection (j) of

this section, the payment must be applied as of the date received by the prior servicer. A student

loan servicer must implement processes and controls to ensure a student loan borrower does not

incur additional interest, fees, or delinquency due to complications related to the sale, assignment,

or other transfer of the servicing of a student education loan.


 

 

 

186)

Section

Add Chapter Numbers:

 

19-33-9

199 and 265

 

 

19-33-9. Examinations.

     (a) In addition to any other authority provided under this chapter, the department shall

have the authority to conduct examinations of registrants.

     (b) In order to carry out the purposes of this chapter, the department may:

     (1) Retain attorneys, accountants or other professionals and specialists as examiners or

auditors to conduct or assist in the conduct of examinations. The costs of such these persons shall

be borne by the registrant;

     (2) Enter into agreements or relationships with other government officials or regulatory

associations in order to improve efficiencies and reduce regulatory burden by sharing resources,

standardized or uniform methods or procedures, and documents, records, information, or

evidence obtained under this section;

     (3) Use, hire, contract, or employ public or privately available analytical systems,

methods, or software to examine the student loan servicer or person subject to the provisions of

this chapter. The costs of such these systems shall be borne by the registrant;

     (4) Accept and rely on examination reports made by other government officials, within or

outside of the state; and

     (5) Accept audit reports made by an independent certified public accountant for the

student loan servicer or person subject to the provisions of this chapter in the course of that part

of the examination covering the same general subject matter as the audit and incorporate the audit

report in the report of examination or other writing of the department.

     (c) The department may at any time examine the student education loans and business

and examine the books, accounts, records, and files used therein, of every registrant and person

who shall be engaged in any activity that requires a registration under this chapter, whether the

person shall act, or claim to act, as principal or agent, or under or without the authority of this

chapter. For that purpose, the department shall have free access to the offices and places of

business, books, accounts, paper, records, files, and safes, of all such persons. The department,

shall have authority to require the attendance of, and to examine under oath, any person whose

testimony may be required relative to the student education loans or the business or to the subject

matter of any examination, or hearing.

     (d) The department shall make an examination of the affairs, business, office, and records

of each registrant as often as is necessary, based upon all relevant factors, including the volume of

activity within the state. The total cost of an examination made pursuant to this section shall be

paid by the registrant or person being examined and shall include the following expenses:

     (1) One hundred fifty percent (150%) of the total salaries and benefits plus one hundred

percent (100%) of the travel and transportation expenses for the examining personnel engaged in

the examinations. The fees shall be paid to the department to, and for the use of, the state. The

examination fees shall be in addition to any taxes and fees otherwise payable to the state;

     (2) All reasonable technology costs related to the examination process. Technology costs

shall include the actual cost of software and hardware utilized in the examination process and the

cost of training examination personnel in the proper use of the software or hardware; and

     (3) All necessary and reasonable education and training costs incurred by the state to

maintain the proficiency and competence of the examination personnel. All such these costs shall

be incurred in accordance with appropriate state of Rhode Island regulations, guidelines, and

procedures.

     (e) The authority of this chapter shall remain in effect, whether such the student loan

servicer or person subject to the provisions of this chapter acts or claims to act under any

licensing or registration law of this state, or claims to act without such authority.

     (f) No student loan servicer or person subject to examination under this section may

knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer

records, or other information.

     (g) The provisions of � 19-4-3 shall apply to investigatory records and examination

reports issued by other state and federal regulatory agencies, and the work papers of examinations

or investigations of registrants created by the department; provided, however, the director or

designee, is authorized to make public all consumer complaints and final examination reports

issued by the department as determined by the director or designee.


 

 

 

187)

Section

Add Chapter Numbers:

 

19-33-10

199 and 265

 

 

19-33-10. Fines.

     (a) The director, after an administrative hearing pursuant to chapter 35 of title 42, may

issue fines upon a finding that the registrant violated the provisions of this chapter, or any

regulation or order lawfully made pursuant to this chapter; or take any other action provided for

in this chapter.

     (b) Any student loan servicer or the members, officers, directors, agents, and employees

of any student loan servicer who or that violate or participate in the violation of any of the

applicable provisions of this chapter, or any regulation promulgated thereunder, shall be punished

by a fine of not more than two thousand dollars ($2,000) per violation. Each student education

loan constitutes a separate offense.


 

 

 

 

 

188)

Section

Add Chapter Numbers:

 

19-33-11

199 and 265

 

 

19-33-11. Appeal and review.

     Any student loan servicer aggrieved by an action of the department in imposition of fines

shall have the right to appeal the action, order, or decision pursuant to chapter 35 of title 42.


 

 

 

 

189)

Section

Add Chapter Numbers:

 

19-33-12

199 and 265

 

 

19-33-12. Prohibited conduct.

     No student loan servicer shall:

     (1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead

student loan borrowers;

     (2) Engage in any unfair or deceptive practice toward any person or misrepresent or omit

any material information in connection with the servicing of a student education loan, including,

but not limited to, misrepresenting the amount, nature, or terms of any fee or payment due or

claimed to be due on a student education loan, the terms and conditions of the loan agreement, or

the borrower's obligations under the loan;

     (3) Obtain property by fraud or misrepresentation;

     (4) Knowingly misapply or recklessly apply student education loan payments to the

outstanding balance of a student education loan;

     (5) Knowingly or recklessly provide inaccurate information to a credit bureau, thereby

harming a student loan borrower's creditworthiness;

     (6) Fail to report both the favorable and unfavorable payment history of the student loan

borrower to a nationally recognized consumer credit bureau at least annually if the student loan

servicer regularly reports information to a credit bureau;

     (7) Refuse to communicate with an authorized representative of the student loan borrower

who provides a written authorization signed by the student loan borrower, provided the student

loan servicer may adopt procedures reasonably related to verifying that the representative is in

fact authorized to act on behalf of the student loan borrower;

     (8) Negligently make any false statement or knowingly or willfully make any omission of

a material fact in connection with any information or reports filed with a governmental agency or

in connection with any examination conducted by the department or investigation conducted by

the attorney general or other governmental agency; or

     (9) Fail to properly evaluate a student loan borrower for an income-driven or other

student loan repayment program or for eligibility for a public service loan forgiveness program

before placing the student loan borrower in forbearance or default, if an income-driven repayment

or other program is available to the student loan borrower except as otherwise provided in federal

law, federal student loan agreements, or a contract between the federal government and a student

loan servicer.


 

 

 

190)

Section

Add Chapter Numbers:

 

19-33-13

199 and 265

 

 

19-33-13. Investigation and enforcement.

     The attorney general may enforce a violation of � 19-33-12 as an unlawful act or practice

under chapter 13.1 of title 6.


 

 

 

191)

Section

Add Chapter Numbers:

 

19-33-14

199 and 265

 

 

19-33-14. Private actions.

     Any student loan borrower may bring an action under � 6-13.1-5.2 for a violation of � 19-

33-12 as an unlawful act or practice under chapter 13.1 of title 6.


 

 

 

192)

Section

Add Chapter Numbers:

 

19-33-15

199 and 265

 

 

19-33-15. Student loan consumer protection account established.

     A student loan consumer protection restricted receipt account (the "account") is hereby

created within the department of the attorney general. Monies deposited in the account shall be

expended by the attorney general for the purpose of administering the provisions of this chapter.


 

 

 

 

 

 

 

193)

Section

Add Chapter Numbers:

 

19-33-16

199 and 265

 

 

19-33-16. Exemption.

     (a) For the purposes of this chapter, any federal- or state-chartered bank or credit union

that originates a student education loan, or acts as a servicer, and any wholly owned subsidiary of

a bank or credit union, shall be exempt from the provisions of �� 19-33-4, 19-33-6 through 19-

33-11, inclusive, �� 19-33-12(9), and 19-33-14.

     (b) Student loan servicers that are not banks or credit unions operating under federal or

state charters, nor wholly owned subsidiaries thereof, that service student loans on behalf of state-

or federal-chartered banks and credit unions, shall not be exempt from any section of this chapter.


 

 

 

194)

Section

Amend Chapter Numbers:

 

21-28-3.20

105 and 134

 

 

21-28-3.20. Authority of practitioner to prescribe, administer, and dispense.

     (a)(1) A practitioner, in good faith and in the course of his or her professional practice

only, may prescribe, administer, and dispense controlled substances, or he or she may cause the

controlled substances to be administered by a nurse or intern under his or her direction and

supervision.

     (2) When issuing an initial prescription for an opiate to an adult patient, a practitioner

shall not exceed the maximum daily dose requirements established by the department of health.

     (3) Except as provided in subsection (a)(4) of this section, a practitioner shall not issue an

opiate prescription to a minor for more than twenty (20) doses at any time. Prior to issuing an

opiate prescription to a minor, a practitioner shall discuss with the parent or guardian of the minor

the risks associated with opiate use and the reasons why the prescription is necessary. The

practitioner shall document their his or her discussion with the parent or guardian in the medical

record.

     (4) Notwithstanding the limitations referenced in subsection (a)(3) of this section, if, in

the professional medical judgment of a practitioner, a greater dosage or supply of an opiate is

required to treat the minor patient's acute medical condition or is necessary for the treatment of

chronic pain management, sickle cell related pain, intractable pain treatment as defined in chapter

37.4 of title 5, pain associated with a cancer diagnosis, or for palliative care, then the practitioner

may issue a prescription for the quantity needed to treat such the acute medical condition, chronic

pain, sickle cell related pain, intractable pain, pain associated with a cancer diagnosis, or pain

experienced while the patient is in palliative care, provided that this dosage shall not exceed the

maximum daily dosage permitted for the treatment of this pain as set forth in the department of

health regulations. The condition triggering the prescription of an opiate shall be documented in

the minor patient's medical record, and the practitioner shall indicate that a non-opiate alternative

was not appropriate to address the medical condition.

     (5) Notwithstanding subsections (a)(2) and (a)(3) of this section, this section shall not

apply to medications designed for the treatment of substance abuse or opioid dependence.

     (b) The prescription-monitoring program shall be reviewed prior to starting any opioid. A

prescribing practitioner, or designee as authorized by � 21-28-3.32(a)(3), shall review the

prescription-monitoring program prior to refilling or initiating opioid therapy with an intrathecal

pump. For patients the prescribing practitioner is maintaining on continuous opioid therapy for

pain for three (3) months or longer, the prescribing practitioner shall review information from the

prescription-monitoring program at least every three (3) months. Documentation of that review

shall be noted in the patient's medical record.

     (c) The director of health shall develop regulations for prescribing practitioners on

appropriate limits of opioid use in acute pain management. Initial prescriptions of opioids for

acute pain management of outpatient adults shall not exceed thirty (30) morphine milligram

equivalents (MMEs) total daily dose per day for a maximum total of twenty (20) doses, and, for

pediatric patients, the appropriate opioid dosage maximum per the department of health.

     (d) For the purposes of this section, acute pain management shall not include chronic pain

management, pain associated with a cancer diagnosis, palliative or nursing home care, or other

exception in accordance with department of health regulations.

     (e) Subsection (c) shall not apply to medications designed for the treatment of substance

abuse or opioid dependence.

     (f) On or before September 1, 2018, the director of health shall develop, and make

available to health-care healthcare practitioners, information on best practices for co-prescribing

opioid antagonists to patients. The best practices information shall identify situations in which co-

prescribing an opioid antagonist may be appropriate, including, but not limited to:

     (1) In conjunction with a prescription for an opioid medication, under circumstances in

which the health-care healthcare practitioner determines the patient is at an elevated risk for an

opioid drug overdose;

     (2) In conjunction with medications prescribed pursuant to a course of medication

therapy management for the treatment of a substance use disorder involving opioids; or

     (3) Under any other circumstances in which a health-care healthcare practitioner

identifies a patient as being at an elevated risk for an opioid drug overdose.

     (g) The best practices information developed pursuant to subsection (f) of this section

shall include guidelines for determining when a patient is at an elevated risk for an opioid drug

overdose, including, but not limited to, situations in which the patient:

     (1) Meets the criteria provided in the opioid overdose toolkit published by the federal

substance abuse and mental health service administration;

     (2) Is receiving high-dose, extended-release, or long-acting opioid medications;

     (3) Has a documented history of an alcohol or substance use disorder, or a mental health

disorder;

     (4) Has a respiratory ailment or other co-morbidity that may be exacerbated by the use of

opioid medications;

     (5) Has a known history of intravenous drug use or misuse of prescription opioids;

     (6) Has received emergency medical care or been hospitalized for an opioid overdose; or

     (7) Uses opioids with antidepressants, benzodiazepines, alcohol, or other drugs.

     (h) On or before September 1, 2018, the director of health and the secretary of the

executive office of health and human services shall develop strategies that include:

     (1) Allowing practitioners in non-pharmacy settings to prescribe and dispense opioid

antagonists; and

     (2) Ensuring that opioid antagonists that are distributed in a non-pharmacy setting are

eligible for reimbursement from any health insurance carrier, as defined under chapters 18, 19,

20, and 41 of title 27, and the Rhode Island medical assistance program, as defined under chapter

7.2 of title 42.


 

 

 

195)

Section

Amend Chapter Numbers:

 

21-28.9-3

194 and 250

 

 

21-28.9-3. Authority to administer opioid antagonists -- Release from liability.

     (a) A person may administer an opioid antagonist to another person if:

     (1) They, in good faith, believe the other person is experiencing a drug overdose; and

     (2) They act with reasonable care in administering the drug to the other person.

     (b) A Any person, including law enforcement personnel and emergency medical

personnel, who administers administer administers an opioid antagonist to another person

pursuant to this section shall not be subject to civil liability or criminal prosecution as a result of

the administration of the drug.

     (c)(1) State and municipal law enforcement personnel and emergency medical personnel

to include, but not limited to, emergency medical technicians (EMTs), paramedics, and fire

department personnel may provide and transfer an opioid antagonist to an individual or to his or

her responsible family member, friend, or other person, along with instructions on administration

and use of the opioid antagonist, to provide opioid overdose protection to the individual, in the

good-faith judgment of the law enforcement or emergency medical personnel, who is at

substantial risk of experiencing an opioid-related overdose event. Law enforcement and

emergency medical personnel may exercise their good-faith judgment based on their experience,

training, knowledge, observations, and information provided by the individual at substantial risk

of experiencing an opioid-related overdose event or from the individual's family, friend, or others

with knowledge of the individual's prior opioid use.

     (2) State and municipal law enforcement personnel and emergency medical personnel

acting in good faith shall not, as a result of acts or omission in providing services in accordance

with subsection (c) of this section, be liable for civil damages, unless the acts or omission

constitute willful and wanton misconduct.

     (d) Law enforcement officers or agencies participating in the HOPE (Heroin-Opioid

Prevention Effort) initiative or program and acting in good faith shall not, as the result of acts or

omissions in providing services, be subject to civil liability or criminal prosecution unless the acts

or omissions constitute willful and wanton misconduct.


 

 

 

196)

Section

Repeal Chapter Numbers:

 

21-34

97 and 123

 

 

CHAPTER 34. �[Repealed]


 

 

 

197)

Section

Add Chapter Numbers:

 

21-34.1

97 and 123

 

 

CHAPTER 34.1

RHODE ISLAND FOOD DONATION ACT


 

 

 

198)

Section

Add Chapter Numbers:

 

21-34.1-1

97 and 123

 

 

21-34.1-1. Short title.

     This chapter shall be known, and may be cited as "The Rhode Island Food Donation

Act."


 

 

 

199)

Section

Add Chapter Numbers:

 

21-34.1-2

97 and 123

 

 

21-34.1-2. Definitions.

     For the purposes of this chapter:

     (1) "Director" means the director of The department of health.

     (2) "Enforcement officers" means authorized agents of the director responsible for

inspecting food, food establishments, dairies, or foodborne disease outbreaks.

     (3) "Food bank" means a surplus food collection and distribution system operated and

established to assist in bringing donated food to nonprofit charitable organizations and

individuals for the purposes of reducing hunger and supplying nutritional needs.

     (4) "Food facility" means a food establishment that sells food for human consumption to

the general public and shall include nonprofit food distributors, hospitals, and school and

educational facilities.

     (5) "Gleaner" means a person who harvests for free distribution to the needy, or for

donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop

that has been donated by the owner.

     (6) "Person" means an individual.


 

 

 

200)

Section

Add Chapter Numbers:

 

21-34.1-3

97 and 123

 

 

21-34.1-3. Immunity from liability for food donors.

     (a) A person, gleaner, or food facility may donate food to a food bank or to any other

nonprofit charitable organization for distribution to persons free of charge. Food facilities may

donate food directly to end recipients for consumption.

     (b) Except for injury resulting from gross negligence or intentional misconduct in the

preparation or handling of donated food, no person, gleaner, or food facility who or that donates

food that is fit for human consumption at the time it was donated to a nonprofit charitable

organization or food bank shall be liable for any damage or injury resulting from the consumption

of the donated food. Food facilities may donate food directly to end recipients for consumption.

     (c) The immunity from civil liability provided by this chapter applies regardless of

compliance with any laws, regulations, or ordinances regulating the packaging or labeling of

food, and regardless of compliance with any laws, regulations, or ordinances regulating the

storage or handling of the food by the donee after the donation of the food. The donation of

nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life

date recommended by the manufacturer is protected under the Rhode Island food donation act.

The donation of perishable food that is fit for human consumption but that has exceeded the

labeled shelf life date recommended by the manufacturer is protected under the Rhode Island

food donation act if the person who or that distributes the food to the end recipient makes a good-

faith evaluation that the food to be donated is wholesome.

     (d) A nonprofit charitable organization or a food bank that, in good faith, receives and

distributes food without charge that is fit for human consumption at the time it was distributed is

not liable for an injury or death due to the food unless the injury or death is a direct result of the

gross negligence or intentional misconduct of the organization.

     (e) Nothing in this chapter shall be construed to limit the ability of a person, gleaner, or

food facility to donate food.

     (f) A person or gleaner engaged in the business of processing, distributing, or selling an

agricultural product may donate, free of charge, a product that is in a condition that it may be

used as food for human consumption to a nonprofit charitable organization within the state. Food

facilities may donate food directly to end recipients for consumption. The donation of

nonperishable food that is fit for human consumption, but that has exceeded the labeled shelf life

date recommended by the manufacturer is protected under the Rhode Island food donation act.

The donation of perishable food that is fit for human consumption, but that has exceeded the

labeled shelf life date recommended by the manufacturer is protected under the Rhode Island

food donation act if the person who or that distributes the food to the end recipient makes a good-

faith evaluation that the food to be donated is wholesome.

     (g) To assist in accomplishing the purposes of this chapter, the director may redistribute

donated agricultural products to organizations operating pursuant to this chapter.


 

 

 

201)

Section

Add Chapter Numbers:

 

21-34.1-4

97 and 123

 

 

21-34.1-4. Expiration dates.

     A person, gleaner, or food facility who or that donates food as permitted by law shall not

be subject to civil or criminal liability or penalty for violation of any laws, regulations, or

ordinances regulating the labeling or packaging of the donated product or, with respect to any

other laws, regulations, or ordinances, for a violation occurring after the time of the donation. The

donation of nonperishable food that is fit for human consumption but that has exceeded the

labeled shelf life date recommended by the manufacturer is protected under the Rhode Island

food donation act. The donation of perishable food that is fit for human consumption but that has

exceeded the labeled shelf life date recommended by the manufacturer is protected under the

Rhode Island food donation act if the person that distributes the food to the end recipient makes a

good-faith evaluation that the food to be donated is wholesome.


 

 

 

202)

Section

Add Chapter Numbers:

 

21-34.1-5

97 and 123

 

 

21-34.1-5. Public education.

     In implementing this chapter, enforcement officers shall promote the recovery of food fit

for human consumption during their normal, routine inspections. Promotion shall include, but not

be limited to, newsletters, bulletins, and handouts that inform retail food facility operators about

the protections from civil and criminal liability when donating food.


 

 

 

203)

Section

Add Chapter Numbers:

 

21-34.1-6

97 and 123

 

 

21-34.1-6. Implementing rules and regulations.

     The director shall adopt rules and regulations to implement the provisions of this chapter.


 

 

 

204)

Section

Add Chapter Numbers:

 

22-7.4-140

77 and 80

 

 

22-7.4-140. Bernard "Bernie" Frezza, Jr. Junction.

     The intersection of Hartford Avenue and Reservoir Avenue in the town of Johnston shall

be named in honor of Bernard "Bernie" Frezza, Jr.


 

 

 

205)

Section

Add Chapter Numbers:

 

22-7.4-141

116 and 152

 

 

22-7.4-141. The Fascitelli Center for Advance Engineering.

     The College of Engineering Building college of engineering building, located on Upper

College Road at the University of Rhode Island in Kingston, shall hereafter be named and known

as the "Fascitelli Center for Advanced Engineering."


 

 

 

 

 

206)

Section

Add Chapter Numbers:

 

22-7.4-142

91 and 133

 

 

22-7.4-142. The Gold Star Family Highway.

     The stretch of route 102 known as Chopmist Hill Road, from Route 44 in Chepachet to

the southern boundary of the town of Glocester, shall be assigned the honorary name "Gold Star

Family Highway." The honorary name "Gold Star Family Highway" shall be only identified by

signage installed on the above-named stretch of highway. The existing official name and route

numbers in effect at the time of enactment of this section shall not be changed or affected in any

way by the honorary naming of this stretch of highway.


 

 

 

 

 

207)

Section

Amend Chapter Numbers:

 

22-11-3.4

40 and 53

 

 

2-11-3.4. Duties of the law revision director.

     (a) In addition to other duties assigned to the law revision director, he or she shall

rearrange, rephrase, and consolidate the public laws and acts and resolves of the general assembly

so that redundancies may be avoided, obsolete enactments eliminated, contradictions reconciled,

omissions supplied, and imperfections cured. The law revision director has no authority either to

change the law or to alter the substance of the statutes but shall alert the general assembly

annually to specific changes, which may be required. In addition, a report shall be filed annually

with the general assembly which shall indicate which sections of the general laws at the previous

session had more than one amendment and displaying a copy of the final version of the statute on

the first legislative day of the next subsequent session of the general assembly.

     (b) The law revision director shall, by February 1, 2020, file a report with the general

assembly, proposing amendments to those sections of the general laws that do not use appropriate

disability language as required by � 43-3-7.1. The report shall also include a list of those statutes

for which amendments are not being proposed pursuant to � 43-3-7.1 because the director had

determined that such amendments could alter the intent of the statute. The report shall be

prepared after consultation with the governor's commission on disabilities.


 

 

���������������

208)

Section

Amend Chapter Numbers:

 

23-1-18

196 and 284

 

 

23-1-18. Power to provide rules and regulations in specific areas.

     Without limiting the generality of � 23-1-17, the rules and regulations relating to

sanitation and health provided for by � 23-1-17 may include:

     (1) Provisions fixing responsibilities of owners, operators, and occupants of land or

buildings for the sanitary condition, maintenance, use, and occupancy of the land and buildings.

     (2) Minimum standards with respect to the reporting of any disease and the quarantine of

persons affected by that disease.

     (3) Minimum standards and conditions for the location, construction, and sanitary quality

of all drinking water supplies.

     (4) Minimum standards for facilities and sanitary conditions for schools and the health

care for school children.

     (5) Minimum standards with respect to the maintenance and operation of food businesses.

     (6) Minimum standards of air quality consistent with human health.

     (7) Minimum standards consistent with human health for the quality of the waters of the

state.

     (8) Minimum standards consistent with human health for the quality of public drinking

water.

     (9) Minimum standards for immunization and testing for communicable diseases,

including, but not limited to, tuberculosis, of employees, children, and students at any child day-

care center, family day-care home, private nursery school, any other regular program providing

educational services to preschool-aged children, public or private school, college, or university.

     (10) Provisions requiring the reporting of immunization status and any other relevant

information that the director determines appropriate for all persons under the age of eighteen (18)

years for the purpose of establishing and maintaining a childhood an immunization registry,;

provided, however, that the information collected by the department for the immunization registry

will only include data elements nationally endorsed by the Centers for Disease Control and

Prevention to meet standards for immunization information systems, and that all personally

identifiable information obtained pursuant to this section shall be subject to the provisions of

chapter 37.3 of title 5 and the Health Insurance Portability and Accountability Act of 1996, Pub.

L. No. 104-191 (HIPAA), as amendedAny person may opt out of and choose to remove his or

her information from the immunization registry by contacting the department directly by phone or

by submitting a form online which that shall be made available on the department's website.

     (11) Provisions requiring the reporting of inventories and sales of drugs, devices, and

other products potentially related to the outbreak of disease. All information acquired under this

subsection by the department of health is confidential and not subject to public access pursuant to

chapter 2 of title 38.


 

 

 

209)

Section

Amend Chapter Numbers:

 

23-1-44

196 and 284

 

 

23-1-44. Routine childhood and adult immunization vaccines.

     (a) The department of health shall include in the department's immunization program

those vaccines for routine childhood immunization as recommended by the Advisory Committee

for Immunization Practices (ACIP) and the Academy of Pediatrics (AAP), and for routine adult

influenza immunization as recommended by the ACIP, to the extent permitted by available funds.

The childhood immunization program includes administrative and quality assurance services and

KIDSNET the Rhode Island Child and Adult Immunization Registry (RICAIR), a confidential,

computerized child health information system that is used to manage statewide immunizations, as

well as other public health preventive services, for all children persons in Rhode Island from birth

through age 18.

     (b) The director of the department of health shall appoint an advisory committee that will

be convened after the ACIP makes a recommendation regarding adult immunization. The

committee will review the ACIP recommendations for the state,; assess the vaccine cost and

feasibility,; and advise the director of health and the office of the health insurance commissioner

regarding insurers and providers acting on the ACIP adult immunization recommendation. All

recommendations will be posted on the department of health website. The advisory committee

membership shall include, but not be limited to, a primary care provider, pharmacist,

representatives of the nursing home industry, the home health care healthcare industry and major

insurers.

     (c) For the purpose of protecting patients' information, all personally-identifiable

information obtained pursuant to this section shall be subject to the privacy protections of chapter

37.3 of title 5 and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No.

104-191 (HIPAA), as amended.


 

 

 

 

 

 

210)

Section

Add Chapter Numbers:

 

23-1.7

174 and 209

 

 

CHAPTER 1.7

RHODE ISLAND PROGRAM TO ADDRESS ALZHEIMER'S DISEASE


 

 

 

211)

Section

Add Chapter Numbers:

 

23-1.7-1

174 and 209

 

 

23-1.7-1. Duties -- Director of the department of health.

     The director of the department of health shall develop and carry out an assessment of all

state programs that address Alzheimer's disease and shall maintain and annually update the Rhode

Island state plan for Alzheimer's disease and related disorders, and promulgate rules and

regulations to implement the purpose of this chapter.


 

 

 

212)

Section

Add Chapter Numbers:

 

23-1.7-2

174 and 209

 

 

23-1.7-2. Creation of advisory council.

     (a) There is hereby established a council to be called the "Advisory Council on

Alzheimer's Disease Research and Treatment." The advisory council shall consist of thirteen (13)

members to be composed as follows: the lieutenant governor, or designee; the director of the

department of health, or designee; the director of the division of elderly affairs office of healthy

aging, or designee; the chairperson of the long-term care coordinating council; one member

appointed by the speaker of the house; one member appointed by the president of the senate; and

seven (7) members appointed by the governor. The members appointed by the governor shall

include one member who is an Alzheimer's disease patient advocate; one member who is an

Alzheimer's disease caregiver; one member who is a health care healthcare provider; one

member who is a researcher with Alzheimer's-related expertise in basic, translational, clinical, or

drug-development science; one member who is a representative from an Alzheimer's disease

organization that funds research and has demonstrated experience in care and patient services;

one member from an Alzheimer's advocacy organization that provides services to families and

professionals, including information and referrals, support groups, care consultation, education,

and safety services; and one member who is a representative of a health care healthcare insurer.

Advisory council members shall select their own chairperson. Seven (7) members shall constitute

a quorum.

     (b) The member appointed by the speaker of the house, the member appointed by the

president of the senate, and three (3) members appointed by the governor shall be initially

appointed for a term to expire July 1, 2020, and four (4) members to be appointed by the governor

shall be initially appointed for a term to expire July 1, 2021. After the initial term, the appointed

members shall serve two-(2) year (2) terms, until their successor is appointed.


 

 

 

213)

Section

Add Chapter Numbers:

 

23-1.7-3

174 and 209

 

 

23-1.7-3. Advisory council responsibility.

     (a) The advisory council shall meet at least quarterly and shall advise the governor,

speaker of the house, and president of the senate on developments and advances on the diagnosis,

treatment, and prevention of Alzheimer's disease.

     (b) In coordination with the department of health, the advisory council shall determine

the number of residents diagnosed with Alzheimer's disease to ascertain the number of residents

diagnosed with early-onset Alzheimer's disease, regardless of age.

     (c) The advisory council shall identify available resources and services needed for the

treatment and care of residents diagnosed with Alzheimer's disease.

     (d) Annually, not later than March 1, the advisory council shall provide a report to the

director of the department of health with a copy to the governor, the speaker of the house, and the

president of the senate, which shall include:

     (1) Information and recommendations on Alzheimer's disease policy;

     (2) An evaluation of all state-funded efforts in Alzheimer's disease research, clinical care,

institutional, home-based, and community-based programs; and

     (3) Recommended amendments, updates, and changes to the state plan for Alzheimer's

disease and related disorders.


 

 

 

214)

Section

Add Chapter Numbers:

 

23-1.7-4

174 and 209

 

 

23-1.7-4. Assessment protocol.

     (a) The director of the department of health shall establish and publish an Alzheimer's

disease assessment protocol specifically focused on recognizing the signs and symptoms of

cognitive impairments, including, but not limited to, Alzheimer's disease and appropriate resource

information for effective medical screening, investigation, and service planning.

     (b) The director of the department of health shall make available upon request a copy of

the assessment protocol to protective-services caseworkers, health care healthcare professionals,

and members of the public.

     (c) Protective-services caseworkers assigned to or employed by the department of elderly

affairs office on healthy aging shall be familiar with the information contained in the assessment

protocol.


 

 

 

215)

Section

Add Chapter Numbers:

 

23-1.7-5

174 and 209

 

 

23-1.7-5. Medical professional training.

     (a) All physicians licensed pursuant to chapter 37 of title 5, and nurses licensed pursuant

to chapter 34 of title 5, shall, no later than October 1, 2021, complete a one-time course of

training consisting of a minimum of one hour of instruction on the diagnosis, treatment, and care

of patients with cognitive impairments including, but not limited to, Alzheimer's disease and

dementia.

     (b) The department of health shall promulgate rules to implement the training

requirement of subsection (a) of this section.


 

 

 

216)

Section

Add Chapter Numbers:

 

23-1.7-6

174 and 209

 

 

23-1.7-6. Healthcare facility plan.

     (a) Every health care healthcare facility as defined in � 23-7-2 23-17-2 shall, not later

than October 1, 2021, complete and implement an operational plan for the recognition and

management of patients with Alzheimer's disease or dementia.

     (b) The department of health shall promulgate rules and regulations to implement the

operational plan requirements of subsection (a) of this section.


 

 

 

217)

Section

Add Chapter Numbers:

 

23-1.8-5

181 and 210

 

 

23-1.8-5. Communication access services.

     A state employee who is approved by the commission for the deaf and hard of hearing as

an interpreter or a communication access realtime translation (CART) provider may be employed

by the commission or by other state agencies as long as the interpreter and CART services:

     (1) Are provided outside of the normal working hours of the employee in order to comply

with federal, state, and local laws;

     (2) The services are not required as part of the regular duties of the employee;

     (3) The employee does not participate in or have official responsibility for the financial

management of the contracting agency;

     (4) The employee is compensated for no more than four (4) hours in any day in which the

employee is otherwise compensated by the state of Rhode Island; and

     (5) The head of the contracting agency files with the state ethics commission a written

certification that there is a critical need for the services of the employee.


 

 

 

218)

Section

Amend Chapter Numbers:

 

23-4-3

106 and 139

 

 

23-4-3. Functions.

     The office of state medical examiners shall be responsible for:

     (1) The investigation of deaths within the state that, in its judgment, might reasonably be

expected to involve causes of death enumerated in this chapter;

     (2) For the conduct of inquests when requested by the attorney general;

     (3) For the performance of autopsies, including the retention, examination, and

appropriate disposal of tissue, when appropriate, for deaths that, in its judgment, might

reasonably be expected to involve causes of deaths enumerated in this chapter;

     (4) For the written determination of the causes of death investigated pursuant to this

chapter;

     (5) For the presentation to the courts of Rhode Island of expert testimony relating to the

cause of death;

     (6) For the keeping of complete records, including names, places, circumstances, and

causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the

attorney general and of which written determinations of causes of death shall be made available

for public inspection;

     (7) For the burial of bodies for which there is no other existing legal responsibility to do

so;

     (8) For the development and enforcement of procedures for the pronouncement of death

and for the transplantation of organs from bodies of persons who have died within the state;

     (9)(i) For a multi-disciplinary multidisciplinary team review of child fatalities with the

goal to decrease the prevalence of preventable child deaths and report recommendations for

community- and systems-intervention strategies. A child death-review team shall include, but is

not limited to, representation from state agencies, health care, child welfare, and law

enforcement; and

     (ii) The work product of the child death-review team shall be confidential and protected

under all applicable laws, including the federal Health Insurance Portability and Accountability

Act of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of

title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed

privileged pursuant to � 23-17.21-8.;

     (10) The department of health shall work with the department of children, youth and

families and the office of the child advocate to develop a process to ensure the timely availability

of autopsy reports on child deaths; and

     (11)(i) For a multi-disciplinary multidisciplinary team review of drug-related overdose

deaths with the goal of reducing the prevalence of these deaths by examining emerging trends in

overdose, identifying potential demographic, geographic, and structural points for prevention and

other factors. The multi-disciplinary multidisciplinary team for review of drug-related overdose

deaths may include, as determined by the director of the department of health, representatives

from the department of health; the department of the attorney general; the Rhode Island state

police; the department of corrections; the department of behavioral healthcare, developmental

disabilities and hospitals; the Rhode Island Police Chiefs Association; the Hospital Association of

Rhode Island; an emergency department physician; a primary care physician; an addiction

medicine/treatment provider; a mental health clinician; a toxicologist; a recovery coach or other

representative of the recovery community; and others as may be determined by the director of the

department of healthand

     (ii) The work product of the multi-disciplinary multidisciplinary team for review of

drug-related overdose deaths shall be confidential and protected under all applicable laws,

including the federal Health Insurance Portability and Accountability Act of 1996 and the Rhode

Island confidentiality of health care information act (chapter 37.3 of title 5), and shall be exempt

from the provisions of chapter 2 of title 38, not subject to subpoena, discovery, or introduction

into evidence in any civil or criminal proceeding, and not subject to disclosure beyond the team

members (except to authorized employees of the department of health as necessary to perform its

official duties of the department pursuant to this subsection (11).;

     (iii) The multidisciplinary team shall report on or before December 1 of each year to the

governor, the speaker of the house, and president of the senate, which report shall summarize the

activities of the team, as well as the team's findings, progress towards reaching its goals, and

recommendations for any needed changes in legislation or otherwise.; and

     (iv) The provisions of subsection (11)(i) shall sunset and be repealed effective December

31, 2020.; and

     (12)(i) For a multi-disciplinary multidisciplinary maternal mortality review committee

for review of maternal deaths of women that occur during pregnancy, delivery, or within one year

of the end of pregnancy with the goal of reducing the prevalence of such deaths by examining

emerging trends in such deaths, identifying potential demographic, geographic, and structural

points for prevention, and other factors. This committee has the authority to request and receive

data from vital records, health care healthcare providers, health care healthcare facilities,

pharmacy records, and any other agencies or officials having information that is necessary for the

committee to carry out its duties under this section. The multi-disciplinary multidisciplinary

maternal mortality review committee shall include, but not be limited to, as determined by the

director of the department of health, representation from state agencies,; an obstetric provider

from each hospital that delivers obstetrical care,; a neonatal specialist,; individuals or

organizations that represent the populations that are most affected by pregnancy-related deaths or

pregnancy-associated deaths and lack of access to maternal health care healthcare services,; a

perinatal pathologist; and a maternal fetal medicine specialist. This committee shall develop

recommendations for the prevention of maternal deaths and disseminate findings and

recommendations to policy makers, health care healthcare providers, health care healthcare

facilities, and the general public.

     (ii) The work product of the maternal mortality review committee shall be confidential

and protected under all applicable laws, including the federal Health Insurance Portability and

Accountability Act of 1996 and the Rhode Island confidentiality of health care information act

(chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall

be deemed privileged pursuant to � 23-17.21-8.


 

 

 

 

 

 

219)

Section

Amend Chapter Numbers:

 

23-4-3.1

106, 139, and 308

 

 

23-4-3.1. Immunity.

     No member of the multi-disciplinary teams team for review of drug-related overdose

deaths shall be subject to arrest, prosecution, or penalty in any manner, or denied any right or

privilege, including, but not limited to, civil penalty or disciplinary action by a business,

occupational, or professional licensing board or entity (and, for members who are state

employees, termination, loss of employee or pension benefits), for acting in accordance with �

23-4-3.

 

 

23-4-3.1. Immunity.

     No member of the multi-disciplinary team for review of drug-related overdose deaths

shall be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege,

including, but not limited to, civil penalty or disciplinary action by a business, occupational, or

professional licensing board or entity (and, for members who are state employees, termination, or

loss of employee or pension benefits), for acting in accordance with � 23-4-3.


 

 

 

220)

Section

Amend Chapter Numbers:

 

23-4.1-2

221 and 258

 

 

23-4.1-2. Ambulance service coordinating advisory board.

     (a) The ambulance service coordinating advisory board is hereby created and shall consist

of twenty-five (25) members appointed as set out in this section. The governor shall appoint the

members of the board as follows: (1) Two (2) from the department of health One mayor, town

administrator, town manager, or other municipal official recommended by the senate president;

(2) Seven (7) Eight (8) practicing, licensed emergency medical technicians as follows: three (3)

from a full-time, paid department, who shall be recommended from the Rhode Island State

Association of Fire Fighters, IAFF, AFL-CIO; two (2) who are active E.M.S. administrators, one

recommended by the Rhode Island Association of Fire Chiefs and one recommended by the

Rhode Island State Firemen's League from a volunteer fire department; one recommended by the

senate president; and one two (2) recommended by the speaker of the house and one

recommended by the senate president; (3) One from the R.I. Hospital Association; (4) One from

the R.I. Medical Society; (5) One from the R.I. chapter of the American College of Surgeons,

committee on trauma; (6) One from the R.I. chapter of the American College of Emergency

Physicians; (7) One from the Rhode Island chapter of the American Academy of Pediatrics; (8)

Two (2) from a professional ambulance service; (9) Two (2) from the general public; (10) Two

(2) from Providence county who are active members of a public ambulance service or fire

department rescue squad unit, one from a full-time paid department and one from a volunteer

department; (11) Four (4), one each from the counties of Kent, Newport, Bristol, and

Washington, who shall be members of a public ambulance service or a fire department rescue

squad; and (12) One certified, emergency nurse in current practice who is a member of the

Emergency Room Nurses Association. The members of the board shall be chosen and shall hold

office for five (5) years and until their respective successors are appointed and qualified. In the

month of February in each year, the governor shall appoint successors to the members of the

board whose terms shall expire in that year, to hold office until the first day of March in the fifth

(5th) year after their appointment and until their respective successors are appointed and

qualified. Any vacancy that may occur in the board shall be filled by appointment for the

remainder of the unexpired term in the same manner as the original appointment. Each member

may designate a representative to attend in his or her absence by notifying the chair prior to that

meeting of the board. The board shall meet at least quarterly and to elect its officers annually.

     (b) The division of emergency medical services of the department of health shall provide

staff support to the board.


 

 

 

221)

Section

Amend Chapter Numbers:

 

23-17-44

198 and 228

 

 

23-17-44. Moratorium on new initial nursing-facility licensed beds and on increases

to the licensed capacity of existing nursing-facility licenses.

     (a) The licensing agency shall issue no new initial licenses for nursing facilities prior to

July 1, 2019 2022; provided, however, that any person holding a nursing facility license may

undertake activities to construct and operate a replacement nursing facility with the same or lower

bed capacity as is presently licensed, provided that the replacement facility may only be licensed

upon the otherwise unconditional cessation of operation of the previously licensed nursing

facility;.

     (b) Prior to July 1, 2019 2022, and with the exception of the culture initiative pursuant to

subsection (d), the licensing agency shall not increase the licensed bed capacity of any existing

licensed nursing facility, including any nursing facility approved for change in ownership

pursuant to �� 23-17-14.3 and 23-17-14.4, to greater than the level of the facility's licensed bed

capacity as of August 21, 1996, plus the greater of ten (10) beds or ten percent (10%) of the

licensed bed capacity. Any person holding a previously issued and valid certificate of need as of

the date of passage of this section, or who shall subsequently be granted a certificate of need

pursuant to subsection (a), shall be permitted to effect a prior certificate from the licensing agency

consistent with any other statutory and regulatory provisions that may further apply.

Notwithstanding any other provision of the law to the contrary, including any moratorium on

increasing bed capacity in nursing facilities that may otherwise apply, the licensing agency shall

be permitted to increase the licensed bed capacity of an existing nursing facility by no more than

the number of beds previously licensed to one or more other licensed nursing facilities provided

that:

     (1) All nursing facilities involved in any such transaction must be located within the same

municipality;

     (2) The owner of a licensed nursing care facility seeking to increase its licensed bed

capacity must receive approval, following review by the health services council from the

licensing agency for change in owner of the nursing facility or facilities;

     (3) The nursing facility's licensed bed capacity may only be increased upon the otherwise

unconditional cessation of operation of the previously licensed other nursing facility or facilities

and the return of the license of the nursing facility or nursing facilities to the licensing agency;

and

     (4) The licensed nursing care facility seeking to increase its licensed bed complement

must comply with any requirements of the health care certificate of need act, chapter 15 of title

23.

     (c) Notwithstanding any other provision of the law to the contrary, including any

moratorium on increasing bed capacity in nursing facilities that may otherwise apply, a nursing

facility may take out of service any or all beds of its licensed capacity without impediment to its

right to place back into service those beds at a future date under the same terms and conditions as

applied at the time of taking them out of service.

     (d) Culture-change initiative. Notwithstanding any other provision of the law to the

contrary, including any moratorium on increasing bed capacity in nursing facilities that may

otherwise apply, the licensing agency may increase the licensed bed capacity of any existing

licensed nursing facility, including any nursing facility approved for change in ownership

pursuant to �� 23-17-14.3 and 23-17-14.4, for the purposes of nursing facility culture change, in

accordance with the following criteria and procedures:

     (i)(1) Culture-change definitions and criteria shall be established through regulation to

restrict beds added under this initiative only to beds that are designed to provide enhanced quality

of life to nursing facility residents through the adoption of principles and building designs

established by the "Eden Alternative", "Green House", or "Small House" programs or other like

means;

     (ii)(2) Only beds taken out of service due to facility closure after January 1, 2010, shall

be available for facility expansion under this culture-change initiative subsection. The total

number of beds that may be licensed to increase capacity under this culture-change initiative shall

be limited to ninety percent (90%) of the first fifty (50) beds that are taken out of service, to

seventy percent (70%) of the next fifty (50) beds that are taken out of service, and to fifty percent

(50%) of any additional beds taken out of service;

     (iii)(3) Only nursing facilities licensed in the state are eligible to expand under the

culture-change initiative;

     (iv)(4) The department shall promulgate regulations to govern an open and competitive

process to determine the licensure of expansion beds under this culture-change initiative, and

shall consider the impact on the regional distribution of, and access to, nursing facility beds in the

state; and

     (v)(5) Any facility seeking to expand its licensed bed capacity under this initiative, that

will result in an expenditure that meets or exceeds the criteria for determination of need review

under chapter 15 of title 23, shall be required to receive approval under chapter 15 of title 23.

  


 

 

 

222)

Section

Amend Chapter Numbers:

 

23-17.4-16.2

172 and 213

 

 

23-17.4-16.2. Special care unit and limited health services disclosure by residences.

     (a) Any assisted-living residence which that offers to provide or provides services to

residents with Alzheimer's disease or other dementia by means of an Alzheimer's special care unit

and/or limited health services shall be required to disclose the type of services provided, in

addition to those services required by the rules and regulations for the licensing of assisted-living

residences. Disclosures shall be made to the licensing agency and to any person seeking

placement in an Alzheimer's special care unit and/or any person receiving limited health services

from an assisted-living residence. The information disclosed shall explain that additional care is

provided in each of the following areas:

     (1) Philosophy. The Alzheimer's special care unit and/or delivery of limited health

services shall develop a written statement of its overall philosophy and mission which that

reflects the needs of residents afflicted with dementia and/or needing limited health services.

     (2) Pre-occupancy, occupancy, and termination of residence. The process and criteria for

occupancy, transfer, or termination of residency from the unit and/or the termination of limited

health services.

     (3) Assessment, service planning, and implementation. The process used for assessment

and establishing the plan of service and its implementation, including the method by which the

plan of service evolves and is responsive to changes in condition.

     (4) Staffing patterns and training ratios. Staff training and continuing education practices.

     (5) Physical environment. The physical environment and design features appropriate to

support the functioning of cognitively impaired adult residents.

     (6) Resident activities. The frequency and types of resident activities.

     (7) Family role in providing support and services. The involvement in families and family

support programs.

     (8) Program costs. The cost of care and any additional fees.

     (b) The licensing agency shall develop a standard disclosure form and shall review the

information provided on the disclosure form by the residential care and assisted-living facility to

verify the accuracy of the information reported on it. Any significant changes in the information

provided by the residential care and assisted living facility will be reported to the licensing

agency at the time the changes are made.

     (c) Upon completion of the disclosures required pursuant to this section, a person who

does not otherwise meet the requirements for the special care unit or program, may choose to

reside in the unit or area in accordance with � 23-17.4-16.


 

 

 

 

 

 

 

 

223)

Section

Amend Chapter Numbers:

 

23-17.8-2

107 and 142

 

 

23-17.8-2. Duty to report.

     (a) Any physician, physician assistant, medical intern, registered nurse, licensed practical

nurse, nurse's aide, orderly, certified nursing assistant, medical examiner, dentist, optometrist,

optician, chiropractor, podiatrist, coroner, police officer, probation officer, emergency medical

technician, fire-fighter firefighter, speech pathologist, audiologist, social worker, pharmacist,

physical or occupational therapist, or health officer, or any person, within the scope of their

employment at a facility or in their professional capacity, who has knowledge of or reasonable

cause to believe that a patient or resident in a facility has been abused, mistreated, or neglected,

either while in the facility or prior to being admitted, shall make, within twenty-four (24) hours or

by the end of the next business day, a telephone report to the director of the department of health,

or his or her designee, for those incidents involving health care healthcare facilities, and in

addition to the office of the state long-term care ombudsperson for those incidents involving

nursing facilities, assisted living residences, home-care and home nursing-care providers,

veterans' homes and long-term care units in Eleanor Slater Hospital hospital, or to the director of

the department of behavioral healthcare, developmental disabilities and hospitals, or his or her

designee, for those incidents involving community residences for people who are mentally

retarded or persons with developmental disabilities or the director of the division on elderly

affairs for individuals aged sixty (60) years or older. The report shall contain:

     (1) The name, address, telephone number, occupation, and employer's address and the

phone number of the person reporting;

     (2) The name and address of the patient or resident who is believed to be the victim of the

abuse, mistreatment, or neglect;

     (3) The details, observations, and beliefs concerning the incident(s);

     (4) Any statements regarding the incident made by the patient or resident and to whom

they were made;

     (5) The date, time, and place of the incident;

     (6) The name of any individual(s) believed to have knowledge of the incident;

     (7) The name of any individual(s) believed to have been responsible for the incident;

     (8) The name of the individual�s caregiver, if known;

     (9) Any medical treatment being received if immediately required and need to coordinate

care, if known;

     (10) Any other information the reporter believes relevant to the investigation; and

     (11) The name and address of the reporter and where the reporter can be contacted. The

reporter's identity shall remain confidential unless disclosure is consented to by the reporter or by

court order.

     (b) In addition to those persons required to report pursuant to this section, any other

person may make a report if that person has reasonable cause to believe that a patient or resident

of a facility has been abused, mistreated, or neglected. Additional provisions for the reporting of

abuse of individuals regardless of where they reside in the community are set forth in � 42-66-8.

     (c) Any person required to make a report pursuant to this section shall be deemed to have

complied with these requirements if a report is made to a high managerial agent of the facility in

which the alleged incident occurred. Once notified, the high managerial agent shall be required to

meet all reporting requirements of this section within the time frames specified by this chapter.

     (d) Telephone reports made pursuant to subsection (a) this section shall be followed-up

within three (3) business days with a written report.

     (e) Individuals required to report pursuant to this section shall, whenever practical and if

known, provide the division of elderly affairs twenty-four (24) hour (24) notice of the discharge

from a facility, of any person subject to abuse or neglect and shall include any relevant address

and telephone number(s).

     (f) No person required to report pursuant to this section shall be liable in any civil or

criminal action by reason of the report; provided, however, that the person did not perpetrate,

inflict, or cause the abuse. No employer or supervisor may discharge, demote, transfer, reduce

pay, benefits, or work privileges,; prepare a negative work performance evaluation,; or take any

other action detrimental to an employee or supervisee who files a report in accordance with the

provisions of this section by reason of the report.


 

 

 

224)

Section

Amend Chapter Numbers:

 

23-17.14-28

275 and 280

 

 

23-17.14-28. Concurrent approval -- License.

     (a) The director may consider the requirement of this chapter and the requirements of ��

23-17-1 -- 23-17-45 together upon completion of the initial application. The director may

approve, approve with conditions, or disapprove one or both requests filed pursuant to this

chapter, including expedited review under section 12.1 � 23-17.14-12.1, and �� 23-17-1 -- 23-17-

45. The approvals of the director required by this chapter shall be subject to chapter 35 of title 42.

For any conversion subject to this chapter, the director may combine any hearings required by

this chapter with any hearings on similar or related matters required by �� 23-17-1 -- 23-17-45

and shall consider issues of market share especially as they affect quality, access, and

affordability of services.

     (b) Any approval of a conversion involving a for-profit corporation as an acquiror shall

be subject to any conditions as determined by the director of health, provided those conditions

relate to the purpose of this chapter. Said The conditions may include, but not be limited to, the

conditions contained in this subsection. In the event the director determines that one or more of

the conditions contained in this subsection are not appropriate or desirable in a particular

conversion, the director shall include the rationale for not including such the condition(s) in any

approval.

     (1) Maintain a governing body for each converted hospital whose membership shall

include uncompensated, independent individuals who reside in Rhode Island;

     (2) Make a financially reasonable contribution to support the state's coordinated health

planning process;

     (3) Adhere to reasonable restrictions on financial incentives to patient or health plan

enrollees to receive hospital services outside of the state of Rhode Island;

     (4) Keep the new hospital open and operational for a reasonable minimum period of time;

     (5) Make a reasonable minimum investment to support primary care in the Rhode Island

communities served by the new hospital;

     (6) Not enter into any contract or other service or purchasing arrangements with an

affiliated legal entity except for contracts or arrangements to provide services or products that are

reasonably necessary to accomplish the health care healthcare purposes of the relevant hospital

and for compensation that is consistent with fair-market value for the services actually rendered,

or the products actually provided;

     (7) Report to the director on annual distributions of profit to owners; and

     (8) Require that any corporate allocation, or equivalent charge, to any affiliated

organization(s) in any hospital fiscal year not exceed reasonable fair-market value for the services

rendered or the assets purchased or leased from such the affiliate.

     (c) Any approval of a conversion involving a for-profit corporation as an acquiror shall

be subject to any conditions as determined by the attorney general, provided those conditions

relate to the purpose of this chapter. Said The conditions may include, but not be limited to, the

acquiror's adherence to a minimum investment to protect the assets, financial health, and well-

being of the new hospital and for community benefit. In the event the attorney general determines

that the conditions contained in this subsection are not appropriate or desirable in a particular

conversion, the attorney general shall include the rationale for not including such the condition(s)

in any approval.

     (d) For a period of three (3) five (5) years following the effective date of the conversion,

when approval of a conversion involves either a not-for-profit or a for-profit corporation as an

acquiror:

     (1) The acquiror shall file reports with the department and the attorney general on or

before March 1st of each calendar year detailing compliance with the conditions in subsection (b)

and any other conditions on the conversion approval or license of the new hospital. Failure to

comply with any of such the conditions or the charity care requirements contained in � 23-17.14-

15 shall be cause for penalties to be applied in accordance with � 23-17.14-30;

     (2) The department of health and the department of attorney general shall monitor, assess,

and evaluate the acquiror's compliance with all of the conditions of approval, as well as annually

review the impact of the conversion on health care healthcare costs and services within the

communities served; and

     (3) The acquiror shall pay for the costs of the department of health and the department of

attorney general in performing such the monitoring, evaluation, and assessment in an amount to

be determined by the attorney general or the director as they deem appropriate, which should be

placed in escrow during the term of the monitoring period. No application for a conversion made

pursuant to the requirements of this chapter shall be approved unless an agreement has been

executed with the attorney general and the director for the payment of reasonable costs in

accordance with this section.; and

     (4) The department and/or the attorney general may seek immediate relief in the superior

court to enforce any conditions of approval of a conversion, and may impose penalties for

noncompliance pursuant to � 23-17.14-30.


 

 

 

 

 

225)

Section

Amend Chapter Numbers:

 

23-17-14.30

275 and 280

 

 

23-17.14-30. Failure to comply -- Penalties.

     If any person knowingly violates or fails to comply with any provision of this chapter or

willingly or knowingly gives false or incorrect information:

     (1) The director or attorney general may, after notice and opportunity for a prompt and

fair hearing to the applicant or licensee one or more transacting parties, deny, suspend, or revoke

a license, or in lieu of suspension or revocation of the license, may order the licensee to admit no

additional persons to the facility, to provide health services to no additional persons through the

facility, or to take any corrective action necessary to secure compliance under this chapter, and

impose a fine of not more than two million dollars ($2,000,000)or and

     (2) The superior court may, after notice and opportunity for a prompt and fair hearing,

may impose a fine of not more than one million dollars ($1,000,000) or impose a prison term of

not more than five (5) years. The attorney general may, after notice and opportunity for a prompt

and fair hearing to one or more transacting parties, take any corrective action necessary to secure

compliance under this chapter, and impose a fine of not more than two million dollars

($2,000,000).


 

 

 

226)

Section

Amend Chapter Numbers:

 

23-17-14.34

275 and 280

 

 

23-17.14-34. Judicial review.

     (a) Notwithstanding any other provision of the general laws, any Any transacting party

aggrieved by a final order of the department of health or the attorney general under this chapter

may seek judicial review by original action filed in the superior court in accordance with � 42-35-

15Any preliminary, procedural, or intermediate agency act or ruling with respect to the filing of

an application for conversion, including the completeness of the application, confidentiality of

any information or documents produced in connection with a conversion, approval or disapproval

of a conversion and conditions or restrictions proposed or determined with the respect to the

approval of a proposed conversion, is immediately reviewable.

     (b) Any action brought under this section shall be given priority by the superior court.

     (c) In performing such review the superior court shall consider and balance the

reasonable interests of the transacting parties and the reasonable interest of the citizens of the

state in a safe, accessible, and affordable healthcare system.

     (d) The court may affirm the decision of the agency or remand the case for further

proceedings, or it may reverse or modify the decision if substantial rights of the appellant have

been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

     (1) Unreasonable;

     (2) In violation of constitutional or statutory provisions;

     (3) In excess of the statutory authority of the agency;

     (4) Made upon unlawful procedure;

     (5) Affected by other error or law;

     (6) Clearly erroneous in view of the reliable, probative, and substantial evidence on the

whole record; or

     (7) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

exercise of discretion.


���������

 

 

227)

Section

Amend Chapter Numbers:

 

23-17.26-3

38 and 55

 

 

23-17.26-3. Comprehensive discharge planning.

     (a) On or before January 1, 2017, each hospital and freestanding, emergency-care facility

operating in the state of Rhode Island shall submit to the director a comprehensive discharge plan

that includes:

     (1) Evidence of participation in a high-quality, comprehensive discharge-planning and

transitions-improvement project operated by a nonprofit organization in this state; or

     (2) A plan for the provision of comprehensive discharge planning and information to be

shared with patients transitioning from the hospital's or freestanding, emergency-care facility's

care. Such plan shall contain the adoption of evidence-based practices including, but not limited

to:

     (i) Providing education in the hospital or freestanding, emergency-care facility prior to

discharge;

     (ii) Ensuring patient involvement such that, at discharge, patients and caregivers

understand the patient's conditions and medications and have a point of contact for follow-up

questions;

     (iii) With patient consent, attempting to notify the person(s) listed as the patient's

emergency contacts and recovery coach before discharge. If the patient refuses to consent to the

notification of emergency contacts, such refusal shall be noted in the patient's medical record

Encouraging notification of the person(s) listed as the patient's emergency contacts and certified

peer recovery specialist to the extent permitted by lawful patient consent or applicable law,

including, but not limited to, the Federal Health Insurance Portability and Accountability Act of

1996, as amended, and 42 CFR Part 2, as amended. The policy shall also require all such attempts

at notification to be noted in the patient�s medical record;

     (iv) Attempting to identify patients' primary care providers and assisting with scheduling

post-discharge follow-up appointments prior to patient discharge;

     (v) Expanding the transmission of the department of health's continuity-of-care form, or

successor program, to include primary care providers' receipt of information at patient discharge

when the primary care provider is identified by the patient; and

     (vi) Coordinating and improving communication with outpatient providers.

     (3) The discharge plan and transition process shall include recovery planning tools for

patients with substance-use disorders, opioid overdoses, and chronic addiction, which plan and

transition process shall include the elements contained in subsections (a)(1) or (a)(2), as

applicable. In addition, such discharge plan and transition process shall also include:

     (i) That, with patient consent, each patient presenting to a hospital or freestanding,

emergency-care facility with indication of a substance-use disorder, opioid overdose, or chronic

addiction shall receive a substance-abuse use evaluation, in accordance with the standards in

subsection (a)(4)(ii), before discharge. Prior to the dissemination of the standards in subsection

(a)(4)(ii), with patient consent, each patient presenting to a hospital or freestanding, emergency-

care facility with indication of a substance-use disorder, opioid overdose, or chronic addiction

shall receive a substance-abuse use evaluation, in accordance with best practices standards, before

discharge;

     (ii) That if, after the completion of a substance-abuse use evaluation, in accordance with

the standards in subsection (a)(4)(ii), the clinically appropriate inpatient and outpatient services

for the treatment of substance-use disorders, opioid overdose, or chronic addiction contained in

subsection (a)(3)(iv) are not immediately available, the hospital or freestanding, emergency-care

facility shall provide medically necessary and appropriate services with patient consent, until the

appropriate transfer of care is completed;

     (iii) That, with patient consent, pursuant to 21 C.F.R. � 1306.07, a physician in a hospital

or freestanding, emergency-care facility, who is not specifically registered to conduct a narcotic

treatment program, may administer narcotic drugs, including buprenorphine, to a person for the

purpose of relieving acute, opioid-withdrawal symptoms, when necessary, while arrangements

are being made for referral for treatment. Not more than one day's medication may be

administered to the person or for the person's use at one time. Such emergency treatment may be

carried out for not more than three (3) days and may not be renewed or extended;

     (iv) That each patient presenting to a hospital or freestanding, emergency-care facility

with indication of a substance-use disorder, opioid overdose, or chronic addiction, shall receive

information, made available to the hospital or freestanding, emergency-care facility in accordance

with subsection (a)(4)(v), about the availability of clinically appropriate inpatient and outpatient

services for the treatment of substance-use disorders, opioid overdose, or chronic addiction,

including:

     (A) Detoxification;

     (B) Stabilization;

     (C) Medication-assisted treatment or medication-assisted maintenance services, including

methadone, buprenorphine, naltrexone, or other clinically appropriate medications;

     (D) Inpatient and residential treatment;

     (E) Licensed clinicians with expertise in the treatment of substance-use disorders, opioid

overdoses, and chronic addiction;

     (F) Certified peer recovery coaches specialists; and

     (v) That, when the real-time patient-services database outlined in subsection (a)(4)(vi)

becomes available, each patient shall receive real-time information from the hospital or

freestanding, emergency-care facility about the availability of clinically appropriate inpatient and

outpatient services.

     (4) On or before January 1, 2017, the director of the department of health, with the

director of the department of behavioral healthcare, developmental disabilities and hospitals,

shall:

     (i) Develop and disseminate, to all hospitals and freestanding, emergency-care facilities, a

regulatory standard for the early introduction of a certified peer recovery coach specialist during

the pre-admission and/or admission process for patients with substance-use disorders, opioid

overdose, or chronic addiction;

     (ii) Develop and disseminate, to all hospitals and freestanding, emergency-care facilities,

substance-abuse use evaluation standards for patients with substance-use disorders, opioid

overdose, or chronic addiction;

     (iii) Develop and disseminate, to all hospitals and freestanding, emergency-care facilities,

pre-admission, admission, and discharge regulatory standards, a recovery plan, and voluntary

transition process for patients with substance-use disorders, opioid overdose, or chronic addiction.

Recommendations from the 2015 Rhode Island governor's overdose prevention and intervention

task force strategic plan may be incorporated into the standards as a guide, but may be amended

and modified to meet the specific needs of each hospital and freestanding, emergency-care

facility;

     (iv) Develop and disseminate best practices standards for health care clinics, urgent-care

centers, and emergency-diversion facilities regarding protocols for patient screening, transfer, and

referral to clinically appropriate inpatient and outpatient services contained in subsection

(a)(3)(iv);

     (v) Develop regulations for patients presenting to hospitals and freestanding, emergency-

care facilities with indication of a substance-use disorder, opioid overdose, or chronic addiction to

ensure prompt, voluntary access to clinically appropriate inpatient and outpatient services

contained in subsection (a)(3)(iv);

     (vi) Develop a strategy to assess, create, implement, and maintain a database of real-time

availability of clinically appropriate inpatient and outpatient services contained in subsection

(a)(3)(iv) of this section on or before January 1, 2018.

     (b) Nothing contained in this chapter shall be construed to limit the permitted disclosure

of confidential health care information and communications permitted in � 5-37.3-4(b)(4)(i) of

the Confidentiality of Health Care Communications Act confidentiality of health care

communications act.

     (5) (c) On or before September 1, 2017, each hospital and freestanding, emergency-care

facility operating in the state of Rhode Island shall submit to the director a discharge plan and

transition process that shall include provisions for patients with a primary diagnosis of a mental

health disorder without a co-occurring substance use disorder.

     (6) (d) On or before January 1, 2018, the director of the department of health, with the

director of the department of behavioral healthcare, developmental disabilities and hospitals, shall

develop and disseminate mental health best practices standards for health care clinics, urgent care

centers, and emergency diversion facilities regarding protocols for patient screening, transfer, and

referral to clinically appropriate inpatient and outpatient services. The best practice standards

shall include information and strategies to facilitate clinically appropriate prompt transfers and

referrals from hospitals and freestanding, emergency-care facilities to less intensive settings.


 

 

 

228)

Section

Add Chapter Numbers:

 

23-19-42

295 and 298

 

 

23-19-42. Tipping fees -- Municipal rate for city or town collected regional school

district solid waste.

     (a) Solid waste collected and disposed of by, or on behalf of, a regional school district,

shall be charged the same tipping fee per ton as the municipal rate.

     (b) Any waste hauler collecting and disposing of solid waste for, or on behalf of, any

regional school district shall, at the time of disposal, certify on a form approved by the Rhode

Island resource recovery corporation, the tonnage of the solid waste collected from the regional

school district.


 

 

 

229)

Section

Amend Chapter Numbers:

 

23-20.8-1

114 and 140

 

 

23-20.8-1. Definitions.

     As used in this chapter:

     (1) "Board" means the Rhode Island State Board of Licensed Massage Therapists as

established within this chapter.

     (2) "Body works" and "body-works services" means body rubs, body stimulation,

manipulation, or conditioning of any part or parts of the body, spa services, and spa treatments

performed by any person not licensed under title 23.

     (3) �Continuing education� means a course of study subsequent to the completion of, and

in addition to, an approved entry-level program of massage therapy education.

     (4) �Continuing education units� means an instructional period of at least fifty (50)

continuous minutes per hour in a recognized or approved course.

     (5) �Massage� means the systematic and scientific manipulation of the soft tissues of the

body accomplished by the use of digits, hands, forearms, elbows, knees, or feet, hand-held tool,

or other external apparatus. Massage may include the use of topical applications.

     (3)(6) "Massage therapist" means a person engaged in the practice of massage and is

licensed in accordance with this chapter of the general laws of the state of Rhode Island.

     (4)(7) "Practice of massage" "Massage therapy" means the manual manipulation of the

soft tissues of the human body through the systematic application of massage techniques

including: effleurage, petrissage, compression, friction, vibration, percussion, pressure, positional

holding, movement, range of motion for purposes of demonstrating muscle excursion or muscle

flexibility, and nonspecific stretching. The term massage includes the external application of

lubricants or other topical preparations, such as water, heat, and cold, via the use of the hand,

foot, arm, or elbow, with or without the aid of massage devices, for the purpose of aiding muscle

relaxation, reducing stress, improving circulation, increasing range of motion, relieving muscular

pain, and the overall enhancement of health. Massage shall not include: the touch of genitalia;

diagnosis of illness or disease; the prescribing of drugs, medicines, or exercise; high-velocity

thrust applied to the joints or spine; electrical stimulation; application of ultrasound or any

services or procedures for which a license to practice medicine, chiropractic, occupational

therapy, physical therapy, or podiatry is required by law. use of massage for therapeutic purposes,

including, but not limited to: pain management, stress reduction, promotion of relaxation, and

enhancement of general health and well-being. Massage therapy includes, but is not limited to,

manipulation of soft tissue and normal movement of the body to develop an appropriate massage

therapy session and the delivery of self-care and health maintenance information. Massage

therapy does not encompass:

     (1)(i) Diagnosis;

     (2)(ii) The prescribing of drugs or medicines;

     (3)(iii) Spinal manipulation; and

     (4)(iv) Any service or procedure for which a license or registration is required by law,

including, but not limited to, the practice of medicine, chiropractic, naturopathy, physical therapy,

occupational therapy, nutrition, psychotherapy, behavioral health services, or podiatry.

     (8) �Practice of massage therapy� means, the exchange of massage therapy services for

currency, goods, or services.

     (9) �Topical applications� means but is not limited to, lubricants, emollients, non-

prescription analgesics, and the use of heat and cold.


 

 

 

230)

Section

Amend Chapter Numbers:

 

23-20.8-2.1

114 and 140

 

 

23-20.8-2.1. Board of massage therapists.

     (a) Within the division of professional regulation of the department of health, there shall

be a state board of massage therapy examiners to be Rhode Island state board of licensed massage

therapists appointed by the director of the department of health with the approval of the governor.

Composition of board members: The board shall consist of seven (7) members who reside in the

state of Rhode Island,. At all times at least four (4) members shall be massage therapists in good

standing, and shall have engaged in the practice of massage therapy for not less than five (5)

years. of whom shall be licensed pursuant to this chapter and one of whom One member shall be

a member of the general public, and who does not have financial interest in the profession, or is

married to or in domestic partnership with someone in the profession. At no time shall more than

one board member be an owner of, an instructor of, or otherwise affiliated with a board-approved

massage therapy school or a course of instruction. The four (4) members who are licensed

pursuant to this chapter shall represent both solo practitioners as well as members of a group

practice.

     (b) The initial board shall be appointed for staggered terms, the longest of which shall not

exceed three (3) years. After the initial appointments, all terms shall be for two (2) years and a

member may be reappointed for a second (2nd) termAll terms shall be for two (2) years. No

member shall serve more than three (3) consecutive terms. Upon the death, resignation, or

removal of any member, the director of the department of health, with the approval of the

governor, shall appoint to fill vacancies, as they occur, a qualified person to serve on the board

for the remainder of his or her term or until his or her successor is appointed and qualified.

     (c) The board shall elect, at its first meeting of the calendar year, from its members a

chair and such other officers as it deems appropriate and necessary to conduct business. The chair

shall preside at meetings of the board and shall be responsible for the performance of all duties

and functions of the board and shall perform those duties customarily associated with the position

in addition to other duties assigned by the board. The board shall designate a member to serve in

the absence of the chair.

     (d) The chair and any other officer shall serve a term of one year commencing with the

day of his or her election and ending upon the election of his or her successor.

     (d)(e) The director of the department of health may remove any member of the board for

the neglect of any duty required by law or for any incompetent, unprofessional, or dishonorable

conduct. Before beginning his or her term of office, each member shall take the oath prescribed

by law, a record of which shall be filed with the secretary of state.

     (f) A board member may be suspended or removed by the director of the department of

health for unprofessional conduct,; refusal or inability of a board member to perform his or her

duties as a member of the board in an efficient, responsible, and professional manner,; conviction

of a felony or of a crime related to the practice of the health care healthcare profession,; failure

to meet the qualifications of this statute,; or committing any act prohibited by this statute.

     (g) Members of the board shall not receive compensation for their attendance at official

meetings of the board, or attendance at any meeting that would constitute official board business,

including teleconference calls or other board responsibilities.

     (c)(h) The board shall meet at least quarterly thereafter, shall hold a meeting and elect a

chairman. The board may hold additional meetings at the call of the chair or at the written request

of any three (3) members of the board. The board may appoint such committees as it considers

necessary to carry out its duties. A majority of the sitting members of the board shall constitute a

quorum. The chair of the board shall have the authority to call other meetings at his or her

discretion.

     (i) The board may appoint such committees as it considers necessary to carry out its

duties.

     (j) A quorum shall be necessary to conduct official board business or any committee

thereof. A majority of the members shall constitute a quorum. The board may enter into executive

(closed) session according to relevant law.


 

 

 

231)

Section

Amend Chapter Numbers:

 

23-20.8-3

114 and 140

 

 

23-20.8-3. Practice of massage therapy -- License required -- Use of title limited --

Qualifications for licenses continuing education -- Fees.

     (a) A person shall not practice, or hold himself or herself out to others as practicing

massage therapy, or as a massage therapist, without first receiving from the board a license to

engage in that practice.

     (b) A person shall hold himself or herself out to others as a massage therapist when the

person adopts or uses any title or description, including: "massage therapist," "masseur,"

"masseuse," "massagist," "massotherapist," "myotherapist," "body therapist," "massage

technician," "massage practitioner," or any derivation of those terms that implies this practice.

     (c) It shall be unlawful to advertise the practice of massage therapy using the term

massage therapy, or any other term that implies a massage technique or method, in any public or

private publication or communication by a person not licensed by the state of Rhode Island

department of health as a massage therapist. Any person who holds a license to practice as a

massage therapist in this state may use the title "licensed, massage therapist" and the abbreviation

"LMT." No other persons may assume such this title or use such abbreviation or any other word,

letters, signs, or figures to indicate that the person using the title is a licensed, massage therapist.

A massage therapist's name and license number must conspicuously appear on all of the massage

therapist's advertisements print and electronic material. A massage therapist licensed under this

chapter must conspicuously display his or her have available his or her license in his or her

principal place all places of business practiceIf the massage therapist does not have a principal

place of business, or conducts business in any other location, he or she must have a copy of his or

her license available for inspection while performing any activities related to massage therapy.

     (d)(1) The board shall, by rule, establish requirements for continued continuing

education. The board may establish such requirements to be completed and verified biennially or

annually. The board shall require no more than twelve (12) hours biennially or six (6) hours

continuing education units annually.

     (2) Applicants for biennial annual licensure renewal shall meet continuing education

requirements as prescribed by the board. On application for renewal of license, massage

therapists shall attest to completion of six (6) hours continuing education units annually in scope

of practice-specific offerings that may include, but not be limited to:

     (i) Formal presentations;

     (ii) Conferences;

     (iii) Coursework from a regionally massage school or program, accredited

college/university; and/or

     (iv) Self-study course, such as online courses awarding one education hour for each hour

completed or online coursework.

     Such The programs or offerings shall be approved or sponsored by a board-approved

organization. The board shall require no more than two (2) hours of ethics or standards of practice

biennially.

     (3) A licensee who fails to complete the continuing education requirements described

herein may be subject to disciplinary action pursuant to � 5-40-13.

     (4) A license may be denied to any applicant who fails to provide satisfactory evidence of

completion of continuing education relevant to massage therapy as required herein.

     (5) The board may waive the requirement for these educational requirements continuing

education if the board is satisfied that the applicant has suffered hardship, which that may have

prevented meeting the educational requirements.

     (e) The fee for original application for licensure as a massage therapist and for annual

license renewal shall be as set forth in � 23-1-54. Fees for all other licenses under this chapter

shall be fixed in an amount necessary to cover the cost of administering this chapter.

     (f) Any person applying for a license under this chapter shall undergo a national criminal

background check. Such persons shall apply to the bureau of criminal identification of the state

police or local police department for a nationwide national criminal records background check.

Fingerprinting shall be required. Upon the discovery of any disqualifying information as defined

in subsection (g), the bureau of criminal identification of the state police or the local police

department shall inform the applicant, in writing, of the nature of the disqualifying information

and, without disclosing the nature of the disqualifying information, shall notify the board, in

writing, that disqualifying information has been found. In those situations in which no

disqualifying information has been found, the bureau of criminal identification shall inform the

applicant and the board in writing of this fact. An applicant against whom disqualifying

information has been found may request that a copy of the national criminal background report be

sent to the board, which shall make a judgment regarding the licensure of the applicant. The

applicant shall be responsible for payment of the costs of the national criminal records

background check.

     (g) "Disqualifying information" means those offenses, including, but not limited to, those

offenses defined in chapters 34, 34.1, and 37 of title 11, and � 23-17-37.

     (h) Notwithstanding the above, any city or town may, by ordinance, regulate the opening,

the presence, the location, and the operation of any body-works business or any business

providing body-works services. Provided, however, no ordinance may impose additional

qualifications beyond those adopted by the department of health pursuant to this chapter

respecting national criminal background checks for persons applying for a license.


 

 

 

232)

Section

Amend Chapter Numbers:

 

23-20.8-4

114 and 140

 

 

23-20.8-4. Board of massage therapists -- Powers and duties.

     Subject to the provisions of this chapter, the board shall have the following powers and

duties authority to implement, interpret, and enforce this statute including, but not limited to, the

authority to:

     (1) Adopt rules and regulations governing the licensure of massage therapists in a manner

consistent with the provisions of this chapter and in accordance with the procedures outlined in

the Administrative Procedures Act administrative procedures act and promulgated in

accordance with state law;

     (2) Evaluate the qualifications of applicants for licensure;

     (3) Assess entry-level competence through the use of an examination approved by the

board;

     (4) Recommend the issuing or renewal of a license to applicants or licensed massage

therapists who meet the qualifications of the statute and all rules applicable to this chapter as

promulgated by the board;

     (2)(5) Establish and enforce standards of professional and ethical conduct for licensed

massage therapists;

     (3)(6) Adopt rules that endorse equivalent licensure examinations of another state or

territory of the United States, the District of Columbia, or a foreign country and that may include

licensure by reciprocity; hold hearing hearings, as necessary, in accordance with the

Administrative Procedures Act administrative procedures act.;

     (4)(7) Maintain a complete record of all licensed massage therapists, ensure licensee

compliance with all established requirements.; The board will make an annual report to the

governor which shall contain duties performed, actions taken and appropriate recommendations.

     (8) The board will make an annual report to the governor that shall contain duties

performed, actions taken, and appropriate recommendations.;

     (9) Consult The board will consult and advise other regulatory entities as necessary

regarding issues pertaining to massage therapy practice, education and/or issues related to the

regulation of massage therapists.;

     (10) Upon receipt of a complaint, the department of health shall authorize the

investigation of any allegations of wrongdoing undertaken by any person, entity, license or

organization related to the practice of massage therapy.;

     (11) The board shall review investigative reports deemed necessary by the director and

make appropriate recommendations to the director for action including, but not limited to,

issuance of a letter of concern or warning of the possible infraction of this statute; issuance of a

letter initiating a ten (10) day (10) corrective action period allowing the person practicing to

address an infraction; suspension for a period not to exceed ninety (90) days of any license issued

under the authority of this chapter; and may, after due notice and hearing, revoke the license if it

is found that the person practicing massage therapy is in violation of those rules and regulations

or any provision of this chapter. The holder of a license shall upon its revocation promptly

surrender it to the board or its designee.


 

 

 

 

 233)

Section

Amend Chapter Numbers:

 

23-20.8-5

114 and 140

 

 

23-20.8-5. Application for license -- Issuance or denial of license -- Minimum

qualifications.

     (a) Every person desiring to begin the practice of massage therapy, except exempt

persons as provided in this chapter, shall present satisfactory evidence to the division of

professional regulation of the department of health that he or she is:

     (1) Over Is over eighteen (18) years of age;

     (2) Of good moral character (via background check Has submitted to a national criminal

background check in accordance with � 23-20.8-3);

     (3) Has successfully completed an educational program, meeting minimum requirements

established by the board, including at least five hundred (500) six hundred fifty (650) hours of

supervised in-class, hands-on and supervised coursework and clinical work; and

     (4) Has successfully completed an examination approved by the board. Any examination

approved by the board must meet generally recognized standards including development through

the use of a job-task analysis and must meet appropriate psychometric standards.

     (b) The department may grant a license to any applicant satisfying the requirements of

subsections (a)(1) and (a)(2) � 23-20.8-5(a), has completed all appropriate forms, paid all

appropriate fees and has met substantially equivalent standards in obtaining a valid license,

permit, certificate or registration issued by any other state or territory of the United States or by a

foreign country.

     (c) The department shall, within sixty (60) days from the time any application for a

license is received, grant the applications application and issue a license to practice massage

therapy for a year from that date if the department is satisfied that the applicant complies with the

rules and regulations promulgated in accordance with this chapter. An applicant, whose national

criminal records background check reveals a conviction for any sexual offense, including, but not

limited to, those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under

this chapter.

     (d) The fee for original application for licensure as a massage therapist and the fee for

annual license renewal shall be determined by the board and shall not exceed one hundred dollars

($100) department of health.


 

 

 

234)

Section

Amend Chapter Numbers:

 

23-20.8-9

114 and 140

 

 

23-20.8-9. Persons exempt.

     Nothing contained in this chapter shall prohibit:

     (1) A person who is otherwise licensed, certified, or registered in accordance with the

general laws of Rhode Island, from performing service within his/her his or her authorized scope

of practice and who does not hold himself/herself out to be a massage therapist.

     (2) A person duly licensed, certified, or registered in nonresident massage therapist

holding a valid license, permit, certificate, or registration issued by another state or territory of the

United States, the District of Columbia, or a foreign country when incidentally in this state to

provide service as part of an emergency response team working in conjunction with disaster relief

official or as part of a charity event officials.

     (3) Nonresident practitioners A nonresident massage therapist holding a valid license,

permit, certificate, or registration issued by any other state or territory of the United States, the

District of Columbia, or by a foreign country and temporarily practicing massage therapy in this

state for a period not exceeding thirty (30) days for the purpose of presenting educational or

clinical programs, lectures, seminars, or workshops to massage therapists.

     (4) Graduates A graduate from an approved educational program, may practice massage

therapy only under the supervision of one, assigned, onsite licensed massage therapist. Graduates

have ninety (90) days from the date on the application fee receipt, to meet licensure requirements

of this state in accordance with regulations prescribed by the board.

     (5) Persons A massage therapist who provide provides acceptable evidence of being

currently licensed to practice massage therapy by examination or endorsement under the laws of

other states or territories of the United States, and the District of Columbia, or by a foreign

country have has a grace period of forty-five (45) days from the date on the application fee

receipt to meet licensure requirements of this state in accordance with regulations prescribed by

the board. The original privilege to work forty-five (45) days from the date on the application fee

receipt shall not be extended or renewed.

     (6) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by any other state or territory of the United States, the District of Columbia, or

by a foreign country when in this state as part of a charity/event where massage is appropriate.

Nothing in the article shall be construed to prevent or restrict the practice of any person in this

state who uses touch, words and directed movement to deepen awareness of existing patterns of

movement in the body as well as to suggest new possibilities of movement while engaged within

the scope of practice of a profession with established standards and ethics, provided that his or

her services are not designated or implied to be massage or massage therapy. Such practices

include, but are not limited to, the Feldenkrais Method/rs or somatic education, the Rolf Institute's

Rolf Movement Integration, the Trager Approach/rs to movement education, and Body-Mind

Centering/rs. Practitioners must be recognized by or meet the established standards of either a

professional organization or credentialing agency that represents or certifies the respective

practice based on a minimal level of training, demonstration of competency and adherence to

ethical standards.

     (7) Nothing in the section shall be construed to prevent or restrict the practice of any

person in this state who uses touch to affect the energy systems, acupoints or Qi meridians

(channels of energy) of the human body while engaged within the scope of practice of a

profession with established standards and ethics, provided that his or her service is not designated

or implied to be massage or massage therapy. Such practices include, but are not limited to,

Polarity, Polarity Therapy, Polarity Bodywork Therapy, Rosen Method, Asian Bodywork

Therapy, Acupressure, Jin Shin Do/rs, Qi Gong, Reiki and Shiatsu. Practitioners must be

recognized by or meet the established standards of either a professional organization or

credentialing agency that represents or certified the respective practice based on a minimal level

of training, demonstration of competency and adherence to ethical standards.


 

 

 

235)

Section

Amend Chapter Numbers:

 

23-20.8-11

114 and 140

 

 

23-20.8-11. Penalties.

     (a) Any person who practices massage therapy or acts in any capacity where a license is

required by this chapter, without a license provided for in this chapter, shall be guilty of a

misdemeanor and subject to a fine of up to one thousand dollars ($1,000) or thirty (30) days in

jail.

     (b) Any owner, operator, manager, or licensee in charge of or in control of a massage

therapy establishment practice who knowingly employs a person who is not licensed as a massage

therapist, or who allows an unlicensed person to perform, operate, or practice massage therapy is

guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) and thirty

(30) days in jail.

     (c) The practice of massage therapy by a person without a license issued under this

chapter is declared to be a danger to the public health and welfare. In addition to any other civil,

criminal, or disciplinary remedy, the attorney general or prosecuting attorney of any municipality

where the person is practicing, or purporting to practice, may maintain an action to enjoin that

person from practicing massage therapy until this person secures a valid license.

     (d) [Deleted by P.L. 2008, ch. 100, art. 6, � 1].


 

 

 

236)

Section

Amend Chapter Numbers:

 

23-27.3-100.1.5

296 and 297

 

 

23-27.3-100.1.5. Building code -- Adoption and promulgation by committee.

     The state building standards committee has the authority to adopt, promulgate, and

administer a state building code, which shall include: (a) provisions Provisions and amendments

as necessary to resolve conflicts between fire safety codes and building codes, as provided for in

� 23-28.01-6; and (b) a A rehabilitation building and fire code for existing buildings and

structures. The building code may be promulgated in several sections, with a section applicable to

one- and two-(2) family (2) dwellings,; to multiple dwellings and hotels and motels,; to general

building construction,; to plumbing,; and to electrical. The building code shall incorporate

minimum standards for the location, design, construction, and installation of wells which that are

appurtenances to a building in applicable sections. For purposes of this chapter, "appurtenance"

includes the installation, alteration, or repair of wells connected to a structure consistent with

chapter 46-13.2 13.2 of title 46. The building code and the sections thereof shall be reasonably

consistent with recognized and accepted standards adopted by national model code organizations

and recognized authorities. To the extent that any state or local building codes, statutes, or

ordinances are inconsistent with the Americans with Disabilities Act, Title III, Public

Accommodations and Services Operated by Private Entities, 42 U.S.C. � 12181 et seq., and its

regulations and standards, they are hereby repealed. The state building code standards committee

is hereby directed to adopt rules and regulations consistent with the Americans with Disabilities

Act, Title II and III (28 CFR 35 and 28 CFR 36, as amended), as soon as possible, but no later

than February 15, 2012, to take effect on or before March 15, 2012. The state building code

standards committee is hereby authorized and directed to update those rules and regulations

consistent with the future revisions of the Americans with Disabilities Act Accessibility

Standards. All electrical work done in the state shall be in accordance with the latest edition of the

National Electrical Code (NEC). The state building commission shall adopt the latest edition of

the NEC, including any amendments to the NEC by the commission. The adoption of the NEC by

the commission shall be completed so that it will take effect on the first day of July of the year the

edition is dated.


 

 

 

237)

Section

Amend Chapter Numbers:

 

23-27.3-107.1.1

223 and 270

 

 

23-27.3-107.1.1. Local inspector.

     (a) The appropriate local authority may appoint one or more local full-time or part-time

inspectors to assist the building official in the performance of his or her duties and in the

enforcement of this code.

     (b)(1) Building Inspectors-1 shall have a minimum of three (3) years years� experience in

general building construction and except for the length of experience required shall possess

similar qualifications of a local building official as required by � 23-27.3-107.5, and shall possess

an International Code Council (ICC) certification as a Residential Building Inspector. However,

ICC certification as a Residential Building Inspector shall not be required in the case of a building

inspector holding a current state certification prior to July 1, 2010. A Building Inspector-1 is

responsible to enforce the provisions of the State Residential Code state residential code SBC-2.

     Building Inspectors-2 shall have a minimum of three (3) years years� experience in

general building construction,; shall possess ICC certifications as a Residential Building

Inspector and Commercial Building Inspector; and shall possess similar qualifications of a local

Building Official building official, as required by � 23-27.3-107.5. However, ICC certification as

a Residential Building Inspector and a Commercial Building Inspector shall not be required in the

case of a building inspector holding a current state certification prior to July 1, 2010. A Building

Inspector- 2 is authorized to enforce the provisions of both the State Building Code state

building code SBC-1 and the State Residential Code state residential code SBC-2.

     (2) Electrical inspectors shall have a minimum of five (5) years experience and a Rhode

Island Class A or Class B electricians license.

     (3) Mechanical inspectors shall have a minimum of five (5) years and a valid Rhode

Island master pipe fitters I or journeyperson contractors license.

     (4) Plumbing inspectors shall have a minimum of five (5) years experience and a Rhode

Island master or journeyperson plumbers license.

     (5) Mechanical and plumbing inspectors who have been enforcing either code prior to

January 1, 1986, may continue to do so.

     (c) Inspectors listed in this section shall have the authority to affix their signature to

permits that pertain to the work they inspect.


 

 

 

 

 

238)

Section

Amend Chapter Numbers:

 

23-27.3-111.2

76 and 81

 

 

23-27.3-111.2. Inspection.

     (a) The building official shall make all required inspections as specified in the provisions

of this code and the building official shall conduct the inspections from time to time during and

upon completion of the work for which the building official has issued a permit; and the building

official shall maintain a record of all the examinations and inspections and of all violations of this

code. In conjunction with specific construction projects, the building official may designate

specific inspection points in the course of construction which require the contractor or builder to

give the building official twenty-four (24) hours notice prior to the time when the inspections are

required to be performed. The building official shall make the inspection within forty-eight (48)

hours after the notification; weekend days and holidays are not included in the forty-eight (48)

hours.

     (b) If the building official fails to perform an inspection within the time frame set forth in

this section, the contractor or builder may hire a qualified third-party inspector or the state

inspector. The building official shall accept reports of such inspections. For the purposes of this

section, a qualified third-party inspector shall mean an individual certified in accordance with the

provisions of � 23-27.3-107.6 or any professional authorized by the provisions of � 23-27.3-

108.1.4. In order to hire a qualified third-party inspector or the state inspector, the contractor or

builder shall notify the building official via email of the intent to hire a qualified third-party

inspector or the state inspector to perform the inspection at least twenty-four (24) hours prior to

the hire. If the state inspector performs the inspection, the salary and operating expenses for

services provided shall be reimbursed to the state by the city or town receiving the services and

shall be deposited as general revenues.


 

 

 

239)

Section

Amend Chapter Numbers:

 

24-5-1.1

170 and 234, 184 and 253

 

 

24-5-1.1. Alteration of roadways.

     Any person, firm, or corporation including utilities and contractors who or that alter a

roadway that is subject to the provisions of this chapter shall restore that portion of the roadway

which that was altered to the same or better condition that existed prior to alteration or as

required in accordance with the state or municipal permit requirementsRepaving and repair of a

roadway by a public utility or utility facility shall be in accordance with and subject to the

provisions of chapter 2.2 of title 39.

 

 

24-5-1.1. Alteration of roadways.

     (a) Any person, firm, or corporation including utilities and contractors who alter a

roadway that is subject to the provisions of this chapter shall restore that portion of the roadway

which that was altered to the same or better condition that existed prior to alteration.

     (b) Municipalities shall adopt by ordinance standards for use of steel or other suitably

manufactured plates on municipal roadways which that shall, at a minimum, require compliance

with the provisions specified in � 24-8-45.


 

 

 

240)

Section

Amend Chapter Numbers:

 

24-8-43

170 and 234

 

 

24-8-43. Alteration of roadways.

     (a) Any person, firm or corporation including utilities and contractors who or that alter a

roadway that is subject to the provisions of this chapter shall restore that portion of the roadway

which that was altered to the same or better condition that existed prior to alteration or as

required in accordance with the state or municipal permit requirementsRepaving and repair of a

roadway by a public utility or utility facility shall be in accordance with and subject to the

provisions of chapter 2.2 of title 39.

     (b) Any alteration of roadways which that creates a public safety concern, as determined

by the public safety official of that community the municipality or the state, including the need to

move utility poles shall be corrected, by the contractor and/or utility, within thirty (30) days of

being notified in writing of such public safety concern by the director of the department of

transportation.

     (c) Restoration of any altered roadway shall commence immediately after the completion

of the alteration, and shall include, if necessary, temporary or intermediate restoration on an

ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be

completed.

     (c)(d) Where the alteration involves the installation or upgrading of a traffic signal(s),

such the signal(s) shall not be activated until the alteration has been substantially completed, as

determined by the director of the department of transportation.


 

 

 

241)

Section

Add Chapter Numbers:

 

24-8-45

184 and 253

 

 

24-8-45. Steel plate use.

     (a) The director of the department of transportation shall establish rules and regulations

for the use of steel plates on roadway surfaces used to protect an excavation. At a minimum, the

rules and regulations shall consider steel plates designed for the safety of vehicles and pedestrians

to include:

     (1) Steel plates shall withstand traffic loading without movement;

     (2) When two (2) or more steel plates are used, the plates shall be welded in a manner to

eliminate vertical movement;

     (3) All steel plates shall be marked with the utility or contractor name and contact

information;

     (4) Steel plates shall be installed to extend a minimum of eighteen inches (18") beyond

the edge of the excavation;

     (5) Temporary paving with a cold asphalt mix or installation of other suitably

manufactured equipment shall be used to feather the edges of the plate to form a wedged taper to

cover the edges of the steel plate;

     (6) Each corner of the steel plate shall be marked with durable and highly reflective white

pavement marking tape no less than four inches (4") in width;

     (7) The exposed surface area of the steel plate shall be slip resistant when required by the

DPW director or other appropriate municipal approval authority; and

     (8) All signage advising motorist motorists of the steel plate shall be in compliance with

the current addition edition of the manual on uniform traffic control devices Manual on

Uniform Traffic Control Devices.

     (b) The director of the department of transportation may authorize use of steel plates on

roadway surfaces which that fail to comply with subsection (a) of this section in an emergency

situation or for public safety purposes.


 

 

 

242)

Section

Amend Chapter Numbers:

 

24-12-37

111 and 148

 

 

24-12-37. Penalty for nonpayment of toll -- Toll violators and toll evaders.

     (a) Legislative findings. The general assembly finds as follows:

     (1) That all users of any tolled projects should be required to timely pay for the use of

such projects;

     (2) That toll violators and toll evaders unfairly shift the financial burden of maintaining

the tolled projects to other project users; and

     (3) Rhode Island has a strong interest in ensuring that its transportation infrastructure is

adequately funded in a fair and equitable manner.

     (b) In each instance when a person fails or refuses to pay or prepay the required toll on a

tolled project, and is issued a violation for the same, the toll violator shall pay the toll amount

within fourteen (14) days of issuance of the violation.

     (c) Any toll violator who fails to pay the toll amount due within the fourteen-day (14)

period in subsection (b) shall immediately incur a forty-dollar ($40.00) administrative fee in

addition to the unpaid toll amount.

     (d) Any toll violator who fails to pay the administrative fee and unpaid toll as required by

subsection (c) within forty-five (45) days of the issuance of the original violation, shall incur a

thirty five-dollar ($35.00) administrative fee in addition to the forty dollar ($40.00) administrative

fee and the unpaid toll amount. The toll amount and administrative fees shall be paid to the

authority.

     (e) Toll evaders shall be responsible for any tolls and administrative fees applicable to

toll violators. Further, at the request of the authority, any toll evader shall also promptly receive a

traffic violation summons that shall be subject to the jurisdiction of the Rhode Island traffic

tribunal, which may suspend the toll evader's driver's license for up to six (6) months for the

violations and assess a fine of up to five hundred dollars ($500), or both. All tolls, administrative

fees, and fines shall be payable to the authority.

     (f) If any unpaid toll amounts, administrative fees, and fines are not paid within ninety

(90) days of the issuance of the original violation, and the toll violator has incurred at least twenty

(20) ten (10) instances in which such toll violator has failed to pay any required toll amounts,

administrative fees, and fines, then the authority may report the person as a toll violator, or, if

appropriate, as a toll evader, to the Rhode Island division of motor vehicles, who then shall not

permit that person to renew his or her driver's license and vehicle registration until any unpaid toll

amounts, administrative fees, and fines are paid to the authority. Upon the authority's receipt of

such payment or a written repayment agreement between the person and the authority, the

authority shall promptly issue a verbal, written, or electric confirmation showing the amounts

paid and a certification that the person does not owe any amounts to the authority or has

otherwise made satisfactory repayment arrangements with the authority. In any such case, the

Rhode Island division of motor vehicles shall forthwith release any hold placed for this purpose

on the person's license renewal and vehicle registration renewal. If a person who made

satisfactory repayment arrangements with the authority subsequently fails to honor and comply

with such arrangements with the authority according to their terms, the authority may re-report

the person to the Rhode Island division of motor vehicles which shall then prohibit that person

from renewing their driver's license and vehicle registration until the originally unpaid toll

amounts, administrative fees, and fines are paid to the authority.

     (g) "Toll violator" means, for the purposes of this section, any person who uses any

project and fails to pay or prepay the required toll.

     (h) "Toll evader" means, for the purposes of this section, any person who uses a project,

fails or refuses to pay or prepay the required toll, and deliberately circumvents or proceeds around

or through a gate or other barrier on a project; and/or any toll violator who fails or refuses to pay

or prepay the required toll on a tolled project at least one hundred (100) twenty (20) or more

times, received at least three (3) written notices from the authority (or its agent) regarding the

non-payment of tolls, and is not a party to, or in current compliance with, a written repayment

plan with the authority.

     (i) The authority may promulgate appropriate rules and regulations to ensure the proper

administration of the provisions of this section. Any person aggrieved by the authority's

assessment of any administrative fees may request review of such assessment through the process

established by the authority, which shall not be subject to the provisions of chapter 35 of title 42.

     (j) For the purposes of this section only, "person" means the registered owner, EZPass

account holder, driver, rentee, or lessee of a motor vehicle.

     (k) This section shall apply retroactively to all persons who are toll evaders as of the

effective date of this act [October 1, 2016].

     (l) Nothing contained in this section shall be construed to reduce or otherwise eliminate

any tolls, fines, or penalties a person owes to the authority based upon violations occurring prior

to the effective date of this act [October 1, 2016].

     (m) It is unlawful for any person or business, other than an authorized representative of

the authority, or any other duly authorized and existing toll or transportation agency, to sell, lease,

rent, or offer for sale, lease or rent, any tokens, tickets, passes, transponders, or other evidences of

payment issued for passage on any project. Any person or business who or that is found in

violation of this subsection shall be punished, for each offense, by a fine of not more than five

hundred dollars ($500).

     (n) If any provision of this section or its application to any person is deemed invalid, any

such invalidity shall not affect the other provisions of this section that may lawfully be given

effect without the invalid provision.


 

 

 

243)

Section

Amend Chapter Numbers:

 

25-2-46

227 and 251

 

 

25-2-46. Gold Star Family Day.

     The third Sunday in October in each and every year shall be set aside as a day to be

known as "Rhode Island Gold Star Parents Family Day." This nation and state owe an enormous

debt to those grieving parents who have lost children in war. The day is to be observed by the

people of this state with appropriate exercises in public places, and shall cause a display of the

state and American flags to be flown at half-staff over the Rhode Island State House to

commemorate this day of remembrance to honor their memory.


 

 

 

244)

Section

Add Chapter Numbers:

 

27-3-38.3

103 and 136

 

 

27-3-38.3. Exception to life and health and accident exemption.

     The provisions of this chapter do not apply to life and health and accident, as noted in �

27-3-38(a), and surplus lines brokers may not place insurance in those lines in the surplus market.

An exception is hereby made to this prohibition for the procurement of disability insurance with a

benefit limit in excess of a benefit limit available from an admitted insurer. For that class of

business only, a broker may obtain insurance from the surplus market.


 

 

 

245)

Section

Add Chapter Numbers:

 

27-4-1.1

121 and 149

 

 

27-4-1.1. Denial of applicant based on naloxone prescription.

     (a) No life insurance company organized or doing business within this state shall:

     (1) Deny the application of an individual seeking coverage for any life insurance policy

pursuant to this chapter solely on the basis that the applicant has a prescription to carry or possess

the drug naloxone;

     (2) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage,

price, or any other condition of a life insurance policy based solely and without any additional

actuarial justification upon the fact that an individual has been issued a prescription for naloxone

or has purchased naloxone.

     (b) Any denial of insurance coverage in violation of the provisions of this section:

     (i) Shall be void;

     (ii) The insurer shall reopen the application and underwriting process for consideration of

coverage and the life insurance company shall be deemed to have provided coverage to the

eligible person retroactive to the date of the initial application.


 

 

 

246)

Section

Amend Chapter Numbers:

 

27-4.8-1

121 and 149

 

 

27-4.8-1. Group life insurance definitions.

     Except as provided in  27-4.8-2, no policy of group life insurance shall be delivered in

this state unless it conforms to one of the following descriptions:

     (1) A policy issued to an employer, or to the trustees of a fund established by an

employer, which employer or trustees shall be deemed the policyholder, to insure employees of

the employer for the benefit of persons other than the employer, subject to the following

requirements:

     (i) The employees eligible for insurance under the policy shall be all of the employees of

the employer, or all of any class or classes thereof. The policy may provide that the term

"employees" shall include the employees of one or more subsidiary corporations, and the

employees, individual proprietors, and partners of one or more affiliated corporations,

proprietorships, or partnerships if the business of the employer and of the affiliated corporations,

proprietorships, or partnerships is under common control. The policy may provide that the term

"employees" shall include the individual proprietor or partners if the employer is an individual

proprietorship or partnership. The policy may provide that the term "employees" may include

retired employees, former employees, and directors of a corporate employer. A policy issued to

insure the employees of a public body may provide that the term "employees" shall include

elected or appointed officials.

     (ii) The premium for the policy shall be paid either from the employer's funds or from

funds contributed by the insured employees, or from both. Except as provided in paragraph (iii)

subsection (1)(iii), a policy on which no part of the premium is to be derived from funds

contributed by the insured employees shall insure all eligible employees, except those who reject

the coverage in writing.

     (iii) An insurer may exclude or limit the coverage on any person as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or

possess the drug naloxone.

     (2) A policy issued to a creditor or its parent holding company or to a trustee or trustees

or agent designated by two (2) or more creditors, which creditor, holding company, affiliate,

trustee, trustees, or agent shall be deemed the policyholder, to insure debtors of the creditor or

creditors subject to the following requirements:

     (i) The debtors eligible for insurance under the policy shall be all of the debtors of the

creditor or creditors, or all of any class or classes thereof. The policy may provide that the term

"debtors" shall include:

     (A) Borrowers of money or purchasers or lessees of goods, services, or property for

which payment is arranged through a credit transaction;

     (B) The debtors of one or more subsidiary corporations; and

     (C) The debtors of one or more affiliated corporations, proprietorships, or partnerships if

the business of the policyholder and of the affiliated corporations, proprietorships, or partnerships

is under common control.

     (ii) The premium for the policy shall be paid either from the creditor's finds funds, or

from charges collected from the insured debtors, or from both. Except as provided in paragraph

(3) subsection (2)(iii), a policy on which no part of the premium is to be derived from the funds

contributed by insured debtors specifically for their insurance shall insure all eligible debtors.

     (iii) An insurer may exclude any debtors as to whom evidence of individual insurability is

not satisfactory to the insurer; provided, however, that any exclusion shall not be based solely on

the fact that the person has a prescription to carry or possess the drug naloxone.

     (iv) The amount of the insurance on the life of any debtor shall at no time exceed the

greater of the scheduled or actual amount of unpaid indebtedness to the creditor, except that

insurance written in connection with open-end credit having a credit limit exceeding ten-thousand

dollars ($10,000) may be in an amount not exceeding the credit limit.

     (v) The insurance may be payable to the creditor or any successor to the right, title, and

interest of the creditor. The payment shall reduce or extinguish the unpaid indebtedness of the

debtor to the extent of the payment and any excess of the insurance shall be payable to the estate

of the insured.

     (vi) Notwithstanding the provisions of the above subsections, insurance on agricultural

non-decreasing or level term plan. Insurance on educational credit transaction commitments may

be written up to the amount of the loan commitment less the amount of any repayments made on

the loan. Notwithstanding the provisions of the above subsections, insurance on agricultural

credit transaction commitments may be written up to the amount of the loan commitment

on a non-decreasing or level term plan. Insurance on educational credit transaction

commitments may be written up to the amount of the loan commitment less the amount of

any repayments made on the loan.

     (3) A policy issued to a labor union, or similar employee organization, which shall be

deemed to be the policyholder, to insure members of the union or organization for the benefit of

persons other than the union or organization or any of its officials, representatives, or agents,

subject to the following requirements:

     (i) The members eligible for insurance under the policy shall be all of the members of the

union or organization, or all of any class or classes thereof.

     (ii) The premium for the policy shall be paid either from funds of the union or

organization, or from funds contributed by the insured members specifically for their insurance,

or from both. Except as provided in paragraph (iii) subsection (3)(iii), a policy on which no part

of the premium is to be derived from funds contributed by the insured members specifically for

their insurance shall insure all eligible members, except those who reject the coverage in writing.

     (iii) An insurer may exclude or limit the coverage on any persons as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or

possess the drug naloxone.

     (4) A policy issued to a trust or to the trustees of a fund established or adopted by two (2)

or more employers, or by one or more labor unions or similar employee organizations, or by one

or more employers and one or more labor unions or similar employee organizations, which trust

or trustees shall be deemed the policyholder, to insure employees of the employers or members of

the unions or organizations for the benefit of person other than the employers or the unions or

organizations, subject to the following requirements:

     (i) The persons eligible for insurance shall be all of the employees of the employers or all

of the members of the unions or organizations, or all of any class or classes thereof. The policy

may provide that the term "employees" shall include the employees of one or more subsidiary

corporations, and the employees, individual proprietors, and partners of one or more affiliated

corporations, proprietorships, or partnerships if the business of the employer and of the affiliated

corporations, proprietorships, or partnerships is under common control. The policy may provide

that the term "employees" shall include the individual proprietor or partners if the employer is an

individual proprietorship or partnership. The policy may provide that the term "employees" shall

include retired employees, former employees, and directors of a corporate employer. The policy

may provide that the term "employees" shall include the trustees or their employees, or both, if

their duties are principally connected with the trusteeship.

     (ii) The premium for the policy shall be paid from funds contributed by the employer or

employers of the insured persons, or by the union or unions or similar employee organizations, or

by both, or from funds contributed by the insured persons or from both the insured persons and

the employers or unions or similar employee organizations. Except as provided in paragraph (iii)

subsection (4)(iii), a policy on which no part of the premium is to be derived from funds

contributed by the insured persons specifically for their insurance shall insure all eligible persons,

except those who reject the coverage in writing.

     (iii) An insurer may exclude or limit the coverage on any person as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or

possess the drug naloxone.

     (5) A policy issued to an association or to a trust or to the trustees of a fund established,

created, or maintained for the benefit of members of one or more associations. The association or

associations shall have at the outset a minimum of one hundred (100) persons; shall have been

organized and maintained in good faith for purposes other than that obtaining insurance; shall

have been in active existence for at least two (2) years; and shall have a constitution and by-laws

bylaws which provides that:

     (i) The association or associations hold regular meetings not less than annually to further

purposes of the members,;

     (ii) Except for credit unions, the association or associations, collect dues or solicit

contributions from members,; and

     (iii) The members have voting privileges and representation on the governing board and

committees. The policy shall be subject to the following requirements:

     (A) The policy may insure members of the association or associations, employees

thereof, or employees of members, or one or more of the preceding or all of any class or classes

thereof for the benefit of persons other than the employee's employer.

     (B) The premium for the policy shall be paid from funds contributed by the association or

associations, or by employer members, or by both, or from funds contributed by the covered

persons or from both the covered persons and the association, associations, or employer members.

     (C) Except as provided in paragraph (D) subsection (5)(iii)(D), a policy on which no part

of the premium is to be derived from funds contributed by the covered persons specifically for the

insurance shall insure all eligible persons, except those who reject the coverage in writing.

     (D) An insurer may exclude or limit the coverage on any person as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or

possess the drug naloxone.

     (6) A policy issued to a credit union or to a trustee or trustees or agent designated by two

(2) or more credit unions, which credit union, trustee, trustees, or agent shall be deemed

policyholder, to insure members of the credit union or credit unions for the benefit of persons

other than the credit union or credit unions, trustee or trustees, or agent or any of their officials,

subject to the following requirements:

     (i) The members eligible for insurance shall be all of the members of the credit union or

credit unions, or all of any class or classes thereof.

     (ii) The premium for the policy shall be paid by the policyholder from the credit union's

funds and, except as provided in paragraph (iii) subsection (6)(iii), shall insure all eligible

members.

     (iii) An insurer may exclude or limit the coverage on any member as to whom evidence

of individual insurability is not satisfactory to the insurer; provided, however, that any exclusion

or limitation shall not be based solely on the fact that the person has a prescription to carry or

possess the drug naloxone.


 ��������������

 

 

247)

Section

Amend Chapter Numbers:

 

27-9-4

183 and 208

 

 

27-9-4. Considerations in making of rates -- Cancellation of policy.

     (a) All rates shall be made in accordance with the following provisions:

     (1)(i) Due consideration shall be given to past and prospective loss experience within and

outside this state, to catastrophe hazards, if any, to a reasonable margin for underwriting profit

and contingencies, to dividends, savings, or unabsorbed premium deposits allowed or returned by

insurers to their policyholders, members, or subscribers, to past and prospective expenses both

countrywide and those specially applicable to this state, and to all other relevant factors within

and outside this state; provided, that no consideration shall be given to:

     (A) Any loss or incident involving a bus driver, while in the course of his or her

employment for the Rhode Island public transit authority or private or municipal school bus

companies, in establishing or maintaining that driver's rate respecting the operation of a personal

motor vehicle or vehicles;

     (B) Any loss or incident involving a law enforcement officer, while in the course of his or

her employment for the state, city, town police departments, or federal law enforcement agency,

in establishing or maintaining that driver's rate respecting the operation of a personal motor

vehicle or vehicles; and

     (C) Any loss or incident involving a commercial vehicle driver, while in the course of his

or her employment, in establishing or maintaining that driver's rate respecting the operation of a

personal motor vehicle(s);

     (ii) It shall be the responsibility of a commercial vehicle driver to provide his or her

insurance company with proof that the loss or incident took place in the course of employment

while operating a commercial vehicle. For the purposes of this section, a "commercial vehicle"

shall be a motor vehicle with a gross weight in excess of ten thousand (10,000) pounds

(10,000 lbs) or a motor vehicle used for public livery;

     (2) The systems of expense provisions included in the rates for use by any insurer or

group of insurers may differ from those of other insurers or groups of insurers to reflect the

requirements of the operating methods of any insurer or group with respect to any kind of

insurance, or with respect to any subdivision or combination of insurance for which subdivision

or combination separate expense provisions are applicable;

     (3) Risks may be grouped by classifications for the establishment of rates and minimum

premiums;

     (4) Rates shall not be excessive, inadequate, or unfairly discriminatory; and

     (5) In establishing or maintaining an insured's rate or classification respecting the

operation of a personal motor vehicle, any insured sixty-five (65) years of age or older, who

meets the criteria set forth in this section and has not had any chargeable accidents or moving

violations within three (3) years preceding the establishment of the rate of insurance or

classification, shall not be penalized solely by reason of his or her age.

     (b) No insurance company shall fail to renew a private passenger automobile policy

because of a loss of occurrence only, unless a chargeable loss occurrence of one thousand five

hundred dollars ($1,500) three thousand dollars ($3,000) or more than two (2) nonchargeable loss

occurrences, involving the insured, have taken place within the annual policy year.

     (c)(1) No insurance company shall fail to renew a private passenger automobile policy

solely because the insured has attained the age of sixty-five (65) years or older;

     (2) Whenever the commissioner of insurance shall have reason to believe that any

insurance company has refused to renew a private passenger automobile policy solely because the

applicant has reached the age of sixty-five (65) years or older, the commissioner shall notify the

company that it may be in violation of this section and in his or her discretion he or she may

require a hearing to determine whether or not the company has actually been engaged in the

practice stated in this subsection. Any hearing held under this section shall in all respects comply

with the hearing procedure provided in the Administrative Procedures Act, chapter 35 of title 42;

     (3) If after the hearing the commissioner shall determine that the company has engaged in

the practice of systematically failing to renew private passenger automobile policies because of

the advanced age of the insured, he or she shall reduce his or her findings to writing and shall

issue and cause to be served upon the company an order to cease and desist from engaging in

those practices. After the issuance of the cease and desist order, if the commissioner finds that the

company has continued to engage in those practices, he or she shall impose upon the company a

fine not to exceed the amount of one thousand dollars ($1,000) for each separate violation.

     (4) Any company aggrieved by any order or decision of the commissioner of insurance

may appeal the order and decision to the superior court of Providence in accordance with the

Administrative Procedures Act, chapter 35 of title 42.

     (d) No insurance group, carrier, or company in establishing any premium surcharge or

penalty relative to a specific motor vehicle policy, shall consider any accident or any claim where

any insured covered by that policy is fifty percent (50%) or less at fault.

     (e) No insurance group, carrier, or company shall assess any premium surcharge against

any insured covered by a motor vehicle policy where a property damage claim payment is less

than one thousand five hundred dollars ($1,500) three thousand dollars ($3,000).

     (f) No insurance group, carrier, or company shall refuse to issue motor vehicle liability

insurance, impose a surcharge, or otherwise increase the rate for a motor vehicle policy solely

because the applicant is a volunteer driver. Volunteer driver is defined as a person who provides

services without compensation to a nonprofit agency or charitable organization.


 

 

 

248)

Section

Amend Chapter Numbers:

 

27-9.1-4

84 and 85

 

 

27-9.1-4. "Unfair claims practices" defined.

     (a) Any of the following acts by an insurer, if committed in violation of � 27-9.1-3,

constitutes an unfair claims practice:

     (1) Misrepresenting to claimants and insured relevant facts or policy provisions relating

to coverage at issue;

     (2) Failing to acknowledge and act with reasonable promptness upon pertinent

communications with respect to claims arising under its policies;

     (3) Failing to adopt and implement reasonable standards for the prompt investigation and

settlement of claims arising under its policies;

     (4) Not attempting in good faith to effectuate prompt, fair, and equitable settlement of

claims submitted in which liability has become reasonably clear;

     (5) Compelling insured, beneficiaries, or claimants to institute suits to recover amounts

due under its policies by offering substantially less than the amounts ultimately recovered in suits

brought by them;

     (6) Refusing to pay claims without conducting a reasonable investigation;

     (7) Failing to affirm or deny coverage of claims within a reasonable time after having

completed its investigation related to the claim or claims;

     (8) Attempting to settle or settling claims for less than the amount that a reasonable

person would believe the insured or beneficiary was entitled by reference to written or printed

advertising material accompanying or made part of an application;

     (9) Attempting to settle or settling claims on the basis of an application that was

materially altered without notice to, or knowledge or consent of, the insured;

     (10) Making claims payments to an insured or beneficiary without indicating the

coverage under which each payment is being made;

     (11) Unreasonably delaying the investigation or payment of claims by requiring both a

formal proof of loss form and subsequent verification that would result in duplication of

information and verification appearing in the formal proof of loss form;

     (12) Failing in the case of claims denials or offers of compromise settlement to promptly

provide a reasonable and accurate explanation of the basis of those actions;

     (13) Failing to provide forms necessary to present claims within ten (10) calendar days of

a request with reasonable explanations regarding their use;

     (14) Failing to adopt and implement reasonable standards to assure that the repairs of a

repairer owned by or required to be used by the insurer are performed in a workmanlike manner;

     (15) Misleading a claimant as to the applicable statute of limitations;

     (16) Failing to respond to a claim within thirty (30) days, unless the insured shall agree to

a longer period;

     (17) Engaging in any act or practice of intimidation, coercion, threat, or

misrepresentation of consumers rights, for or against any insured person, claimant, or entity to

use a particular rental car company for motor vehicle replacement services or products; provided,

however, nothing shall prohibit any insurance company, agent, or adjuster from providing to such

insured person, claimant, or entity the names of a rental car company with which arrangements

have been made with respect to motor vehicle replacement services; provided, that the rental car

company is licensed pursuant to � 31-5-33;

     (18) Refusing to honor a "direction to pay" executed by an insured, claimant, indicating

that the insured or claimant wishes to have the insurance company directly pay his or her motor

vehicle replacement vehicle rental benefit to the rental car company of the consumer's choice;

provided, that the rental car company is licensed pursuant to � 31-5-33. Nothing in this section

shall be construed to prevent the insurance company's ability to question or challenge the amount

charged, in accordance with its policy provisions, and the requirements of the department of

business regulation;

     (19) Modifying any published manual, (i.e., motors, Motor�s Auto Repair Manual,

mitchells Mitchells, or any automated appraisal system), relating to auto body repair without

prior agreement between the parties;

     (20) Failing to use a manual or system in its entirety in the appraisal of a motor vehicle;

     (21) Refusing to compensate an auto body shop for documented charges as identified

through industry-recognized software programs or systems for paint, body and refinishing

materials in auto body repair claims;

     (22) Failing to comply with the requirements of � 31-47-12.1;

     (23) Failure to have an appraisal performed by a licensed appraiser where the motor

vehicle has sustained damage estimated to exceed two thousand five hundred dollars ($2,500).

Said The licensed appraiser referred to herein must be unaffiliated with the repair facility

repairing the subject motor vehicle; must perform a physical inspection of the damaged motor

vehicle; and may not perform an appraisal based upon pictures of the damaged motor vehicle;

     (24) Failure to perform an initial appraisal within three (3) business days after a request is

received from an auto body repair shop, provided the damaged motor vehicle is on the premises

of the repair shop when the request is made;, and failure to perform a supplemental appraisal

inspection of a vehicle within four (4) business days after a request is received from an auto body

repair shop;. The time limitations set forth in this subsection may be extended by mutual

agreement between the auto body repair shop and the insurer;

     (25) Designating a motor vehicle a total loss if the cost to rebuild or reconstruct the motor

vehicle to its pre-accident condition is less than seventy-five percent (75%) of the "fair-market

value" of the motor vehicle immediately preceding the time it was damaged:

     (i) For the purposes of this subdivision, "fair-market value" means the retail value of a

motor vehicle as set forth in a current edition of a nationally recognized compilation of retail

values commonly used by the automotive industry to establish values of motor vehicles;

     (ii) Nothing herein shall be construed to require a vehicle be deemed a total loss if the

total cost to rebuild or reconstruct the motor vehicle to its pre-accident condition is greater than

seventy-five percent (75%) of the fair-market value of the motor vehicle immediately preceding

the time it was damaged; and

     (iii) Nothing herein shall prohibit an insurance company from agreeing to deem a vehicle

a total loss at the vehicle owner's request and with the vehicle owner's express written

authorization, if the cost to rebuild or reconstruct the motor vehicle to its pre-accident condition is

less than seventy-five percent (75%) of the "fair-market value" of the motor vehicle immediately

preceding the time it was damaged.;

     (iv) If condition adjustments are made to the retail value of a motor vehicle designated a

total loss, all such adjustments must be in accordance with the standards set forth in the current

edition of a nationally recognized compilation of retail values, commonly used by the automotive

industry, used by the insurer to determine the retail value of the vehicle; and all such adjustments,

including prior damage deductions, must be itemized, fair, and reasonable; and

     (v) When a vehicle is deemed a total loss, if the insurer is not retaining the salvage, the

insurer must notify the owner of the vehicle in writing of the requirements of obtaining both a

salvage title and a reconstructed title from the department of motor vehicles pursuant to chapter 1

of title 31.;

     (26) Negotiating, or effecting the settlement of, a claim for loss or damage covered by an

insurance contract with an unlicensed public adjuster acting on behalf of an insured. Nothing

contained in this section shall be construed to preclude an insurer from dealing with any

individual or entity that is not required to be licensed under chapter 10 of title 27.

     (b)(1) Nothing contained in subsections (a)(19), (a)(20), and (a)(21) of this section shall

be construed to interfere with an auto body repair facility's contract with an insurance company.

     (2) If an insurance company and auto body repair facility have contracted under a direct

repair program or any similar program thereto, the provisions of subsections (a)(19), (a)(20), and

(a)(21) of this section shall not apply.

     (3) If the insured or claimant elects to have the vehicle repaired at a shop of his or her

choice, the insurer shall not limit or discount the reasonable repair costs based upon the charges

that would have been incurred had the vehicle been repaired by the insurer's chosen shop(s).


 

 

 

249)

Section

Repeal Chapter Numbers:

 

27-79

44 and 51

 

 

CHAPTER 27-79. [Repealed]


 

 

 

250)

Section

Add Chapter Numbers:

 

27-79.1

44 and 51

 

 

CHAPTER 79.1

TRAVEL INSURANCE ACT


 

 

 

251)

Section

Add Chapter Numbers:

 

27-79.1-1

44 and 51

 

 

27-79.1-1. Short title.

     This chapter shall be known and may be cited as the "Travel Insurance Act.".


  

 

 

252)

Section

Add Chapter Numbers:

 

27-79.1-2

44 and 51

 

 

27-79.1-2. Scope and purposes.

     (a) The purpose of this chapter is to promote the public welfare by creating a

comprehensive legal framework within which travel insurance may be sold in this state.

     (b) The requirements of this chapter shall apply to travel insurance policies and

certificates which that are delivered or issued for delivery in this state. It shall not apply to

cancellation fee waivers and travel assistance services, except as expressly provided herein.

     (c) All other applicable provisions of the state's insurance laws shall continue to apply to

travel insurance; provided, that, the specific provisions of this chapter shall supersede any other

provisions of the general or public laws that would otherwise be applicable to travel insurance.


 

 

 

253)

Section

Add Chapter Numbers:

 

27-79.1-3

44 and 51

 

 

27-79.1-3. Definitions.

     As used in this chapter, the following terms shall have the following meanings:

     (1) "Aggregator site" means a website that provides access to information regarding

insurance products from more than one insurer, including product and insurer information, for use

in comparison shopping.

     (2) "Blanket travel insurance" means a policy of travel insurance issued to any eligible

group providing coverage for specific classes of persons defined in the policy, with coverage

provided to all members of the eligible group without a separate charge to individual members of

the eligible group.

     (3) "Cancellation fee waiver" means a contractual agreement between a supplier of travel

services and its customer to waive some or all of the non-refundable cancellation fee provisions

of the supplier's underlying travel contract, with or without regard to the reason for the

cancellation or form of reimbursement. A cancellation fee waiver is not insurance.

     (4) "Eligible group," for the purposes of travel insurance, means two (2) or more persons

who are engaged in a common enterprise, or have an economic, educational, or social affinity or

relationship, including, but not limited to, any of the following:

     (i) Any entity engaged in the business of providing travel or travel services, including,

but not limited to, tour operators, lodging providers, vacation property owners, hotels and resorts,

travel clubs, travel agencies, property managers, cultural exchange programs, and common

carriers or the operator, owner, or lessor of a means of transportation of passengers, including, but

not limited to, airlines, cruise lines, railroads, steamship companies, and public bus carriers,

wherein, with regard to any particular travel or type of travel or travelers, all members or

customers of the group must have a common exposure to risk attendant to the travel;

     (ii) Any college, school, or other institution of learning covering students, teachers, or

employees or volunteers;

     (iii) Any employer covering any group of employees, volunteers, contractors, board of

directors, dependents, or guests;

     (iv) Any sports team, camp, or sponsor thereof covering participants, members, campers,

employees, officials, supervisors, or volunteers;

     (v) Any religious, charitable, recreational, educational, or civic organization or branch

thereof covering any group of members, participants, or volunteers;

     (vi) Any financial institution or financial institution vendor, or parent holding company,

trustee, or agent of, or designated by, one or more financial institutions or financial institution

vendors, including accountholders, credit card holders, debtors, guarantors, or purchasers;

     (vii) Any incorporated or unincorporated association, including labor unions, having a

common interest, constitution, and bylaws, and organized and maintained in good faith for

purposes other than obtaining insurance for members or participants of such association covering

its members;

     (viii) Any trust or the trustees of a fund established, created, or maintained for the benefit

of and covering members, employees, or customers, subject to the insurance commissioner

permitting the use of a trust and the state's premium tax provisions in � 27-79.1-6 of one or more

associations meeting the requirements of subsection (4)(vii) of this section;

     (ix) Any entertainment production company covering any group of participants,

volunteers, audience members, contestants, or workers;

     (x) Any volunteer fire department, ambulance, rescue, police, court or any first aid, civil

defense, or other such volunteer group;

     (xi) Preschools, daycare institutions for children or adults, and senior citizen clubs;

     (xii) Any automobile or truck rental or leasing company covering a group of individuals

who may become renters, lessees, or passengers defined by their travel status on the rented or

leased vehicles. The common carrier, the operator, owner, or lessor of a means of transportation,

or the automobile or truck rental or leasing company, is the policyholder under a policy to which

this section applies; or

     (xiii) Any other group where the commissioner has determined that the members are

engaged in a common enterprise, or have an economic, educational, or social affinity or

relationship, and that issuance of the policy would not be contrary to the public interest.

     (5) "Fulfillment materials" means documentation sent to the purchaser of a travel

protection plan confirming the purchase and providing the travel protection plan's coverage and

assistance details.

     (6) "Group travel insurance" means travel insurance issued to any eligible group.

     (7) "Limited lines travel insurance producer" means:

     (i) Licensed managing general agent or third-party administrator;

     (ii) Licensed insurance producer, including a limited lines producer; or

     (iii) Travel administrator.

     (8) "Offer and disseminate" means providing general information, including a description

of the coverage and price, as well as processing the application, and collecting premiums.

     (9) "Primary certificate holder" means an individual person who elects and purchases

travel insurance under a group policy.

     (10) "Primary policyholder" means an individual person who elects and purchases

individual travel insurance.

     (11) "Travel administrator" means a person who directly or indirectly underwrites,

collects charges, collateral, or premiums from, or adjusts or settles claims on residents of this

state, in connection with travel insurance, except that a person shall not be considered a travel

administrator if that person's only actions that would otherwise cause it to be considered a travel

administrator are among the following:

     (i) A person working for a travel administrator to the extent that the person's activities are

subject to the supervision and control of the travel administrator;

     (ii) An insurance producer selling insurance or engaged in administrative and claims-

related activities within the scope of the producer's license;

     (iii) A travel retailer offering and disseminating travel insurance, and registered under the

license of a limited lines travel insurance producer in accordance with this chapter;

     (iv) An individual adjusting or settling claims in the normal course of that individual's

practice or employment as an attorney at law and who does not collect charges or premiums in

connection with insurance coverage; or

     (v) A business entity that is affiliated with a licensed insurer while acting as a travel

administrator for the direct and assumed insurance business of an affiliated insurer.

     (12) "Travel assistance services" means non-insurance services for which the consumer is

not indemnified based on a fortuitous event, and where providing the service does not result in

transfer or shifting of risk that would constitute the business of insurance. Travel assistance

services include, but are not limited to: security advisories; destination information; vaccination

and immunization information services; travel reservation services; entertainment; activity and

event planning; translation assistance; emergency messaging; international legal and medical

referrals; medical case monitoring; coordination of transportation arrangements; emergency cash

transfer assistance; medical prescription replacement assistance; passport and travel document

replacement assistance; lost luggage assistance; concierge services; and any other service that is

furnished in connection with planned travel. Travel assistance services are not insurance and not

related to insurance.

     (13) "Travel insurance" means insurance coverage for personal risks incident to planned

travel, including:

     (i) Interruption or cancellation of trip or event;

     (ii) Loss of baggage or personal effects;

     (iii) Damages to accommodations or rental vehicles;

     (iv) Sickness, accident, disability, or death occurring during travel;

     (v) Emergency evacuation;

     (vi) Repatriation of remains; or

     (vii) Any other contractual obligations to indemnify or pay a specified amount to the

traveler upon determinable contingencies related to travel as approved by the commissioner.

     Travel insurance does not include major medical plans, that provide comprehensive

medical protection for travelers with trips lasting longer than six (6) months, including, for

example, those working or residing overseas as an expatriate, or any other product that requires a

specific insurance producer license.

     (14) "Travel protection plans" means plans that provide one or more of the following:

     (i) Travel insurance,;

     (ii) Travel assistance services,and

     (iii) Cancellation fee waivers.

     (15) "Travel retailer" means a business entity that makes, arranges, or offers planned

travel services, and may offer and disseminate travel insurance as a service to its customers on

behalf of, and under the direction of, a limited lines travel insurance producer.


 

 

 

254)

Section

Add Chapter Numbers:

 

27-79.1-4

44 and 51

 

 

27-79.1-4. Licensing and registration requirements.

     (a) The commissioner may issue to an individual or business entity that has filed with the

commissioner an application for a limited lines travel insurance producer license in a form and

manner prescribed by the commissioner, a limited lines travel insurance producer license, which

that authorizes the limited lines travel insurance producer to sell, solicit, or negotiate travel

insurance through a licensed insurer. No person may act as a limited lines travel insurance

producer or travel insurance retailer unless properly licensed or registered.

     (b) A travel retailer may offer and disseminate travel insurance under a limited lines

travel insurance producer business entity license only if the following conditions are met:

     (1) The limited lines travel insurance producer or travel retailer provides to purchasers of

travel insurance:

     (i) A description of the material terms or the actual material terms of the insurance

coverage;

     (ii) A description of the process for filing a claim;

     (iii) A description of the review or cancellation process for the travel insurance policy;

and

     (iv) The identity and contact information of the insurer and limited lines travel insurance

producer.;

     (2) At the time of licensure, the limited lines travel insurance producer shall establish and

maintain a register, on a form prescribed by the commissioner, of each travel retailer, that offers

travel insurance on the limited lines travel insurance producer's behalf. The register shall be

maintained and updated by the limited lines travel insurance producer, and shall include the

name, address, and contact information of the travel retailer, and an officer or person who directs

or controls the travel retailer's operations, and the travel retailer's federal tax identification

number. The limited lines travel insurance producer shall submit the register to the commissioner

upon reasonable request. The limited lines travel insurance producer shall also certify that the

travel retailer registered complies with 18 U.S.C. � 1033. The grounds for the suspension,

revocation, and the penalties applicable to resident insurance producers shall be applicable to the

limited lines travel insurance producers and travel retailers.;

     (3) The limited lines travel insurance producer has designated one of its employees who

is a licensed individual producer as the person (a "designated responsible producer" or "DRP")

responsible for the compliance with the travel insurance laws and regulations applicable to the

limited lines travel insurance producer and its registrants.;

     (4) The DRP, president, secretary, treasurer, and any other officer or person who directs

or controls the limited lines travel insurance producer's insurance operations shall comply with

the fingerprinting requirements applicable to insurance producers in the resident state of the

limited lines travel insurance producer.;

     (5) The limited lines travel insurance producer has paid all applicable licensing fees as set

forth in applicable state law.;

     (6) The limited lines travel insurance producer must require each employee and

authorized representative of the travel retailer whose duties include offering and disseminating

travel insurance, to receive a program of instruction or training, which is subject at the discretion

of the commissioner for review and approval. The training material shall, at a minimum, contain

adequate instructions on the types of insurance offered, ethical sales practices, and required

disclosures to prospective customers.

     (c) Any travel retailer offering or disseminating travel insurance shall make available to

prospective purchasers brochures or other written materials that have been approved by the travel

insurer. Such materials shall include information which, at a minimum:

     (1) Provides the identity and contact information of the insurer and the limited lines travel

insurance producer;

     (2) Explains that the purchase of travel insurance is not required in order to purchase any

other product or service from the travel retailer; and

     (3) Explains that an unlicensed travel retailer is permitted to provide only general

information about the insurance offered by the travel retailer, including a description of the

coverage and price, but is not qualified or authorized to answer technical questions about the

terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of

the customer's existing insurance coverage.

     (d) A travel retailer employee or authorized representative, who is not licensed as an

insurance producer, may not:

     (1) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel

insurance coverage;

     (2) Evaluate or provide advice concerning a prospective purchaser's existing insurance

coverage; or

     (3) Hold themselves out as a licensed insurer, licensed producer, or insurance expert.

     (e) Any person licensed in a major line of authority as an insurance producer is

authorized to sell, solicit, and negotiate travel insurance. A property and casualty insurance

producer is not required to become appointed by an insurer in order to sell, solicit, or negotiate

travel insurance.


 

 

 

 

255)

Section

Add Chapter Numbers:

 

27-79.1-5

44 and 51

 

 

27-79.1-5. Compensation.

     A travel retailer whose insurance-related activities, and those of its employees, are

limited to offering and disseminating travel insurance on behalf of and under the direction of a

limited lines travel insurance producer meeting the conditions stated in this chapter, is authorized

to do so and receive related compensation.


 

 

 

 

256)

Section

Add Chapter Numbers:

 

27-79.1-6

44 and 51

 

 

27-79.1-6. Premium tax.

     (a) A travel insurer shall pay a gross premiums tax, as provided in � 44-17-2, on travel

insurance premiums paid by any of the following:

     (1) An individual primary policyholder who is a resident of this state;

     (2) A primary certificate holder who is a resident of this state who elects coverage under

a group travel insurance policy; or

     (3) A blanket travel insurance policyholder that is resident in, or has its principal place of

business or the principal place of an affiliate or subsidiary that has purchased blanket travel

insurance in this state for eligible blanket group members, subject to any apportionment rules

which that apply to the insurer across multiple taxing jurisdictions, or that permits the insurer to

allocate premiums on an apportioned basis in a reasonable and equitable manner in those

jurisdictions.

     (b) A travel insurer shall:

     (1) Document the state of residence or principal place of business of the policyholder or

certificate holder, as required in this chapter; and

     (2) Report as premium only the amount allocable to travel insurance, and not any

amounts received for travel assistance services or cancellation fee waivers.


 

 

 

 

257)

Section

Add Chapter Numbers:

 

27-79.1-7

44 and 51

 

 

27-79.1-7. Travel protection plans.

     (a) Travel protection plans may be offered for one price for the combined features that

the travel protection plan offers in this state if:

     (1) The travel protection plan clearly discloses to the consumer at, or prior to the time of

purchase, that it includes travel insurance, travel assistance services, and cancellation fee waivers,

as applicable, and provides information and an opportunity at, or prior to the time of purchase, for

the consumer to obtain additional information regarding the features and pricing of each; and

     (2) The fulfillment materials:

     (i) Describe and delineate the travel insurance, travel assistance services, and cancellation

fee waivers in the travel protection plan; and

     (ii) Include the travel insurance disclosures and the contact information for persons

providing travel assistance services and cancellation fee waivers, as applicable.


 

 

 

258

Section

Add Chapter Numbers:

 

27-79.1-8

44 and 51

 

 

27-79.1-8. Sales practices.

     (a) All persons offering travel insurance to residents of this state are subject to the unfair

trade practices provided in chapter 29 of title 27, except as otherwise provided in this section. In

the event of a conflict between this chapter, and other provisions of this title regarding the sale

and marketing of travel insurance and travel protection plans, the provisions of this chapter shall

control.

     (b) Offering or selling a travel insurance policy that could never result in the payment of

any claims for any insured under the policy is an unfair trade practice under chapter 29 of title 27.

     (c)(1) All documents provided to consumers prior to the purchase of travel insurance,

including, but not limited to, sales materials, advertising materials, and marketing materials, shall

be consistent with the travel insurance policy itself, including, but not limited to, forms,

endorsements, policies, rate filings, and certificates of insurance.

     (2) For travel insurance policies or certificates that contain pre-existing condition

exclusions, information and an opportunity to learn more about the pre-existing condition

exclusions shall be provided any time prior to the time of purchase, and in the coverage's

fulfillment materials.

     (3) The fulfillment materials and the information described in � 27-79.1-4(b)(1)(i)-(iv)

shall be provided to a policyholder or certificate holder as soon as practicable following the

purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a

claim under the travel insurance coverage, a policyholder or certificate holder may cancel a

policy or certificate for a full refund of the travel protection plan price from the date of purchase

of a travel protection plan until at least:

     (i) Fifteen (15) days following the date of delivery of the travel protection plan's

fulfillment materials by postal mail; or

     (ii) Ten (10) days following the date of delivery of the travel protection plan's fulfillment

materials by means other than postal mail. For the purposes of this section, "delivery" means

handing fulfillment materials to the policyholder or certificate holder, or sending fulfillment

materials by postal or electronic means to the policyholder or certificate holder.

     (4) The company shall disclose in the policy documentation and fulfillment materials

whether the travel insurance is primary or secondary to other applicable coverage.

     (5) When travel insurance is marketed directly to a consumer through an insurer's website

or by others through an aggregator site, it shall not be an unfair trade practice or other violation of

law where an accurate summary or short description of coverage is provided on the website, so

long as the consumer has access to the full provisions of the policy through electronic means.

     (d) No person offering, soliciting, or negotiating travel insurance or travel protection

plans on an individual or group basis may do so by using a negative option or opt out, which

would require a consumer to take an affirmative action to deselect coverage such as unchecking a

box on an electronic form when they purchase a trip.

     (e) It shall be an unfair trade practice to market blanket travel insurance coverage as free.

     (f) When a consumer's destination jurisdiction requires insurance coverage, it shall not be

an unfair trade practice to require that a consumer choose between the following options as a

condition of purchasing a trip or travel package:

     (1) Purchasing the coverage required by the destination jurisdiction through the travel

retailer or limited lines travel insurance producer supplying the trip or travel package; or

     (2) Agreeing to obtain and provide proof of coverage that meets the destination

jurisdiction's requirements prior to departure.


  

 

 

 

 

259)

Section

Add Chapter Numbers:

 

27-79.1-9

44 and 51

 

 

27-79.1-9. Travel administrators.

     (a) Notwithstanding any other provisions of this title, no person shall act or represent

himself, herself, or itself as a travel administrator for travel insurance in this state unless that

person:

     (1) Is a licensed property and casualty insurance producer in this state for activities

permitted under that producer license; or

     (2) Holds a valid managing general agent license in this state.

     (b) A travel administrator and its employees are exempt from the licensing requirements

of chapter 10 of title 27 for travel insurance it administers.

     (c) An insurer is responsible for the acts of a travel administrator administering travel

insurance underwritten by the insurer, and is responsible for ensuring that the travel administrator

maintains all books and records relevant to the insurer to be made available by the travel

administrator to the commissioner upon request.


  

 

 

260)

Section

Add Chapter Numbers:

 

27-79.1-10

44 and 51

 

 

27-79.1-10. Policy.

     (a) Notwithstanding any other provision of this title, travel insurance shall be classified

and filed for purposes of rates and forms under an inland marine line of insurance; provided;,

however, that travel insurance that provides coverage for sickness, accident, disability, or death

occurring during travel, either exclusively or in conjunction with related coverages of emergency

evacuation or repatriation of remains, or incidental limited property and casualty benefits such as

baggage or trip cancellation, may be filed by an authorized insurer under either an accident and

health line of insurance or an inland marine line of insurance.

     (b) Travel insurance may be in the form of an individual, group, or blanket policy.

     (c) Eligibility and underwriting standards for travel insurance may be developed and

provided based on travel protection plans designed for individual or identified marketing or

distribution channels, provided those standards also meet the state's underwriting standards for

inland marine.


 

 

 

261)

Section

Add Chapter Numbers:

 

27-79.1-11

44 and 51

 

 

27-79.1-11. Responsibility.

     As the insurer designee, the limited lines travel insurance producer is responsible for the

acts of the travel retailer and shall use reasonable means to ensure compliance by the travel

retailer with this chapter.


  

 

 

262)

Section

Add Chapter Numbers:

 

27-79.1-12

44 and 51

 

 

27-79.1-12. Enforcement.

     Violations of this chapter shall be subject to penalties pursuant to � 42-14-16


 

 

 

 

263)

Section

Add Chapter Numbers:

 

27-79.1-13

44 and 51

 

 

27-79.1-13. Regulations.

     The commissioner may promulgate regulations to implement the provisions of this

chapter.


 

 

 

264)

Section

Add Chapter Numbers:

 

28-7.1-4

52 and 67

 

 

28-7.1-4. Defined benefit plans annual reporting.

     (a) All defined benefit plans that are not covered by the Employee Retirement Income

Security Act of 1974 (ERISA) and have two hundred (200) or more plan members shall be

required to comply with the provisions of 29 U.S.C. � 1024(b)(3).

     (b) This section shall not apply to governmental plans as defined in 29 U.S.C. �

1002(32).


 

 

 

265)

Section

Amend Chapter Numbers:

 

28-9.3-7

95 and 146

 

 

28-9.3-7. Certification of negotiating agent -- Payment of service charge by non-

members.

     (a) No association or organization shall be initially certified as the representative of

certified public school teachers except after an election.

     (b) Teachers shall be free to join or to decline to join any association or organization

regardless of whether it has been certified as the exclusive representative of certified public

school teachers.

     (c) If new elections are not held after an association or labor organization is certified, the

association or organization shall continue as the exclusive representative of the certified public

school teachers from year to year until recognition is withdrawn or changed as provided in � 28-

9.3-5.

     (d) Elections shall not be held more often than once each twelve (12) months and must be

held at least thirty (30) days before the expiration date of any employment contract.

     (e) Where certified public school teachers have selected an exclusive bargaining

representative organization, all nonmembers of the exclusive bargaining representative

organization shall pay to the exclusive bargaining organization a service charge as a contribution

toward the collective bargaining procedures involved in securing a contract and the

administration of any collective bargaining agreement in an amount equal to the regular dues of

the organization. Any employees in the bargaining unit, who are not members of the exclusive

bargaining representative organization, may be required by the labor or employee organization to

pay a reasonable charge for representation in grievances and/or arbitrations brought at the

nonmember�s request.

     (f) The employer shall notify the exclusive bargaining unit representative organization of

the hiring of any employee in the bargaining unit. Said The notice shall be given promptly after

the hiring decision is made but in no event later than the fifth business day following the

employee�s start date.


 

 

 

 

266)

Section

Amend Chapter Numbers:

 

28-9.3-12

15 and 16

 

 

28-9.3-12. Appeal from decision.

     While the parties are engaged in negotiations and/or utilizing the dispute resolution

process as required in � 28-9.3-9, all terms and conditions in the collective bargaining agreement

shall remain in effect. The decision of the arbitrators shall be made public and shall be binding on

the certified public school teachers and their representative and the school committee on all

matters not involving the expenditure of money. Should either party reject the non-binding

nonbinding matters in the decision of the arbitrators, the binding matters shall be implemented.

Following the conclusion of the dispute resolution process as required in � 28-9.3-9, should the

parties still be unable to reach agreement, all contractual provisions related to wages and benefits

contained in the collective bargaining agreement, except for any contractual provisions that limit

layoffs, shall continue as agreed to in the expired collective bargaining agreement until such time

as a successor agreement has been reached between the parties.; provided, that nothing Nothing

contained in this section shall prevent the representative of the certified public school teachers

and the school committee from mutually agreeing to submit all unresolved issues to binding

arbitration pursuant to the procedures set forth in �� 28-9.3-10 -- 28-9.3-12. In that case the

decision of the arbitrators shall be final and binding on all matters so submitted, including those

involving the expenditure of money, and cannot be appealed except on the ground that the

decision was procured by fraud or that it violates the law, in which case appeals shall be to the

superior court. The school committee shall within three (3) days after it receives the decision send

a true copy of the decision by certified or registered mail postage prepaid to the department or

agency which that appropriates money for the operation of the schools in the city, town, or

regional school district involved, if the decision involves the expenditure of money.


 

 

 

267)

Section

Amend Chapter Numbers:

 

28-9.4-8

95 and 146

 

 

28-9.4-8. Certification of negotiating agent.

     (a) No employee organization shall be initially certified as the representative of municipal

employees in an appropriate bargaining unit except after an election.

     (b) Municipal employees shall be free to join or decline to join any employee

organization regardless of whether it has been certified as the exclusive representative of

municipal employees in an appropriate bargaining unit.

     (c) If new elections are not held after an employee organization is certified, the employee

organization shall continue as the exclusive representative of the municipal employees of the

appropriate bargaining unit from year to year until recognition is withdrawn or changed as

provided in � 28-9.4-6.

     (d) Elections shall not be held more often than once each twelve (12) months and must be

held at least thirty (30) days before the expiration date of any employment contract.

     (e) An employee organization designated as the representative of the majority of the

municipal employees in an appropriate bargaining unit, shall be the exclusive bargaining agent

for all municipal employees of the unit, and shall act, negotiate agreements, and bargain

collectively for all employees in the unit and shall be responsible for representing the interest of

all the municipal employees without discrimination and without regard to employee organization

membership.

     (f) Any employee(s) in the bargaining unit, who are not members of the exclusive

bargaining representative organization, may be required by the labor or employee organization to

pay a reasonable charge for representation in grievances and/or arbitrations brought at the

nonmember�s request.

     (g) The employer shall notify the exclusive bargaining unit representative organization of

the hiring of any employee in the bargaining unit. Said The notice shall be given promptly after

the hiring decision is made but in no event later than the fifth business day following the

employee's start date.


 

 

268)

Section

Amend Chapter Numbers

 

28-9.4-13

15 and 16

 

 

28-9.4-13. Appeal from decision.

     (a) While the parties are engaged in negotiations and/or utilizing the dispute resolution

process as required in � 28-9.4-10, all terms and conditions in the collective bargaining agreement

shall remain in effect. The decision of the arbitrators shall be made public and shall be binding

upon the municipal employees in the appropriate bargaining unit and their representative and the

municipal employer on all matters not involving the expenditure of money. Should either party

reject the non-binding nonbinding matters in the decision of the arbitrators, the binding matters

shall be implemented. Following the conclusion of the dispute resolution process as required in �

28-9.4-10, should the parties still be unable to reach agreement, all contractual provisions related

to wages and benefits contained in the collective bargaining agreement, except for any contractual

provisions that limit layoffs, shall continue as agreed to in the expired collective bargaining

agreement until such time as a successor agreement has been reached between the parties.

     (b) The decision of the arbitrators shall be final and cannot be appealed except on the

ground that the decision was procured by fraud or that it violates the law, in which case appeals

shall be to the superior court.

     (c) The municipal employer shall within three (3) days after it receives the decision send

a true copy of the decision by certified or registered mail postage prepaid to the department or

agency of the municipal employer responsible for the preparation of the budget and to the agency

of the municipal employer which that appropriates money for the operation of the particular

municipal function or service in the city, town, or regional school district involved, if the decision

involves the expenditure of money.


 

 

269)

Section

Amend Chapter Numbers:

 

28-12-3.2

293 and 305

 

 

28-12-3.2. Wages for failure to furnish shift work.

     (a) An employer who requests or permits any employee to report for duty at the

beginning of a work shift and does not furnish at least three (3) hours work on that shift, shall pay

the employee not less than three (3) times the regular hourly rate. Provided, however, that shifts

scheduled for less than three (3) hours are permissible when entered into voluntarily and agreed

upon by both the employer and employee. In the event that an employee reports for duty at the

beginning of a work shift and the employer offers no work for him or her to perform, the

employer shall pay the employee not less than three (3) times the regular hourly rate or the

amount they would have earned for any shifts consisting of less than three (3) hours, as allowed

under this section.

     (b) This section shall not apply to students enrolled full-time at colleges or universities

located in this state who are also an employee of the college or university they attend, except as

follows: a college or university that employs students and requests or permits a student employee

to report for duty at the beginning of a work shift, the length of which has been mutually agreed

to, and the employer does not furnish work for the student employee to perform, will pay the

student for the number of hours of the agreed upon shift.


 

 

 

270)

Section

Amend Chapter Numbers:

 

28-12-4.1

19 and 20

 

 

28-12-4.1. Overtime pay.

     (a) Except as otherwise provided in this chapter, no employer shall employ any employee

for a workweek longer than forty (40) hours unless the employee is compensated at a rate of one

and one-half (1 1/2) times the regular rate at which he or she is employed for all hours worked in

excess of forty (40) hours per week. Provided however, employers that pay any delivery drivers

or sales merchandisers an overtime rate of compensation for hours worked in excess of forty (40)

hours in any one week shall not calculate such that overtime rate of compensation by fluctuating

workweek method of overtime payment under 29 C.F.R. � 778.114.

     (b) In any workweek in which an employee of a retail business is employed on a Sunday

and/or a holiday, or both, at a rate of one and one-half (1 1/2) times the regular rate at which he

or she is employed as provided in � 5-23-2, the hours worked on the Sunday and/or holiday, or

both, shall be excluded from the calculation of overtime pay as required by this section.

     (c) No city, town, or fire district shall employ any "firefighter,", as defined in � 28-9.1-3,

excluding however civilian employees, for an average workweek longer than forty-two (42) hours

unless the firefighter is compensated at the rate of one and one-half (1 1/2) times his or her

regular rate, for all hours worked in excess of forty-two (42) hours based upon an average

workweek. An average workweek shall be calculated utilizing the prior consecutive eight-(8)

week (8) period, based upon a seven-(7) day (7) workweek. For the purposes of this section,

"hours worked" shall include all paid leave.


 

 

 

271)

Section

Amend Chapter Numbers:

 

28-12-4.3

17 and 18

 

 

28-12-4.3. Exemptions.

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

employees:

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

year.

     (2) Police officers, firefighters, and rescue service personnel employed by the cities and

towns.

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

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

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

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

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

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

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

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

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

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

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

employee's employment,; or

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

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

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

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

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

wages of the employee, if computed on an hourly basis, would violate the applicable minimum

wage law.

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

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

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

motor carrier, including private carriers, with respect to whom the U.S. secretary Secretary of

transportation Transportation has power to establish qualifications and maximum hours of

service pursuant to the provisions of 49 U.S.C. � 3102 31502.

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

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

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

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

and Equal Pay Act, 29 U.S.C. � 201 et seq. and 29 U.S.C. � 213(b)(10); provided, that the

employee's weekly, bi-weekly, or monthly actual earnings exceed an amount equal to the

employee's basic contractual hourly rate of pay times the number of hours actually worked plus

the employee's basic contractual hourly rate of pay times one-half (1/2) the number of hours

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

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

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

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

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

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

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

seq., of the Railway Labor Act when the hours worked by such that employee in excess of forty

(40) in a work week are not required by the air carrier, but are arranged through a voluntary

agreement among employees to trade scheduled work hours.

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

entitled to overtime pay or benefits related to overtime pay.


 

 

 

272)

Section

Amend Chapter Numbers:

 

28-30-18.1

205 and 271

 

 

28-30-18.1. Retirement contribution.

     (a) Workers' compensation judges engaged after December 31, 1989, shall have deducted

from total salary beginning December 31, 1989, and ending on June 30, 2012, an amount equal to

a rate percent of compensation as specified in � 36-10-1 relating to member contributions to the

state retirement system. Effective July 1, 2012, all active workers' compensation judges whether

engaged before or after December 31, 1989, shall have deducted from compensation as defined in

� 36-8-1(8) an amount equal to twelve percent (12%) of compensation. The receipts collected

under this provision shall be deposited in a restricted revenue account entitled "workers'

compensation judges' retirement benefits" on the date contributions are withheld but no later than

three (3) business days following the pay period ending in which contributions were withheld.

Proceeds deposited in this account shall be held in trust for the purpose of paying retirement

benefits to participating judges or their beneficiaries. The retirement board shall establish rules

and regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A judge of the court who withdraws from service or ceases to be a judge for any

reason other than retirement shall be paid on demand a refund consisting of the accumulated

contributions standing to his or her credit in his or her individual account in the workers'

compensation judges' retirement benefits account. Any judge receiving a refund shall forfeit and

relinquish all accrued rights as a member of the system together with credits for total service

previously granted to the judge; provided, that if any judge who has received a refund

subsequently reenters the service and again becomes a member of the system, he or she shall have

the privilege of restoring all money previously received or disbursed to his or her credit as refund

of contributions, together with regular interest for the time period from the date of refund to the

date of restoration. Upon the repayment of the refund, the judge shall again receive credit for the

amount of total service that he or she had previously forfeited by the acceptance of the refund.

     (c)(d) Whenever any judge of the workers' compensation court dies from any cause

before retirement and has no surviving spouse, domestic partner, or minor child(ren), a payment

shall be made of the accumulated contributions standing to his or her credit in his or her

individual account in the workers' compensation judges' retirement account. The payment of the

accumulated contributions of the judge shall be made to such person as the judge shall have

nominated by written designation duly executed and filed with the retirement board, or if the

judge has filed no nomination, or if the person so nominated has died, then to the estate of the

deceased judge.


 

 

 

273)

Section

Amend Chapter Numbers:

 

28-30-18.2

205 and 271

 

 

28-30-18.2. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by � 28-30-18.1 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which that

will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after

December 31, 1989. The rate percent shall be computed and certified in accordance with the

procedures set forth in �� 36-8-13 and 36-10-2 under rules and regulations promulgated by the

retirement board pursuant to � 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.


 

 

 

274)

Section

Amend Chapter Numbers:

 

28-33-18

218 and 248

 

 

28-33-18. Weekly compensation for partial incapacity.

     (a) While the incapacity for work resulting from the injury is partial, the employer shall

pay the injured employee a weekly compensation equal to seventy-five percent (75%) of the

difference between his or her spendable average weekly base wages, earnings, or salary before

the injury as computed pursuant to the provisions of � 28-38-20 � 28-33-20, and his or her

spendable weekly wages, earnings, salary, or earnings capacity after that, but not more than the

maximum weekly compensation rate for total incapacity as set forth in � 28-33-17. The

provisions of this section are subject to the provisions of � 28-33-18.2.

     (b) For all injuries occurring on or after September 1, 1990, where an employee's

condition has reached maximum medical improvement and the incapacity for work resulting from

the injury is partial, while the incapacity for work resulting from the injury is partial, the

employer shall pay the injured employee a weekly compensation equal to seventy percent (70%)

of the weekly compensation rate as set forth in subsection (a) of this section. The court may, in its

discretion, take into consideration the performance of the employee's duty to actively seek

employment in scheduling the implementation of the reduction. The provisions of this subsection

are subject to the provisions of � 28-33-18.2.

     (c)(1) Earnings capacity determined from degree of functional impairment pursuant to �

28-29-2(3) shall be determined as a percentage of the whole person based on the Sixth (6th)

edition of the American Medical Association Guides To The Value Of to the Value of Permanent

Impairment. Earnings capacity shall be calculated from the percentage of impairment as follows:

     (i) For impairment of five percent (5%) or less, earnings capacity shall be calculated so as

to extinguish one hundred percent (100%) of weekly benefits.

     (ii) For impairment of twenty-five percent (25%) or less, but greater than five percent

(5%), earnings capacity shall be calculated so as to extinguish one hundred percent (100%) less

the percent of impairment of weekly benefits.

     (iii) For impairment of fifty percent (50%) or less, but greater than twenty-five percent

(25%), earnings capacity shall be calculated so as to extinguish one hundred percent (100%) less

one point two five (1.25) times the percent of impairment of weekly benefits.

     (iv) For impairment of sixty-five percent (65%) or less, but greater than fifty percent

(50%), earnings capacity shall be calculated so as to extinguish one hundred percent (100%) less

one point five (1.5) times the percent of impairment of weekly benefits.

     (2) An earnings capacity adjustment under this section shall be applicable only when the

employee's condition has reached maximum medical improvement under � 28-29-2(3)(ii) and

benefits are subject to adjustment pursuant to subsection (b) of this section.

     (d) In the event partial compensation is paid, in no case shall the period covered by the

compensation be greater than three hundred and twelve (312) weeks. In the event that

compensation for partial disability is paid under this section for a period of three hundred and

twelve (312) weeks, the employee's right to continuing weekly compensation benefits shall be

determined pursuant to the terms of � 28-33-18.3. At least twenty-six (26) weeks prior to the

expiration of the period, the employer or insurer shall notify the employee and the director of its

intention to terminate benefits at the expiration of three hundred and twelve (312) weeks and

advise the employee of the right to apply for a continuation of benefits under the terms of � 28-

33-18.3. In the event that the employer or insurer fails to notify the employee and the director as

prescribed, the employer or insurer shall continue to pay benefits to the employee for a period

equal to twenty-six (26) weeks after the date the notice is served on the employee and the

director.


 

 

 

275)

Section

Amend Chapter Numbers:

 

28-33-22

218 and 248

 

 

28-33-22. Minors employed in violation of law.

     (a) If, at the time of the injury, the injured employee is a minor employed in violation of

any law of this state or of the United States relating to the employment of minors, then the

compensation payable shall be treble the amount which that would have been payable if that

minor had been legally employed.

     (b) In fixing the amount of any compensation under chapters 29 -- 38 of this title due

allowance shall be made for any sum which that the employer may have paid to any injured

minor employee or to his dependents on account of the injury, except those sums that the

employer may have expended or directed to be expended for medical, surgical, or hospital

service.

     (c) Whenever the workers' compensation insurance carrier for the employer is obligated

to pay treble the amount which that would have been payable if that minor had been legally

employed, the workers' compensation insurance carrier shall have a complete right of

indemnification to the extent the additional benefits are paid against the employer for the

additional benefits paid above and beyond the usual workers' compensation indemnity benefit.


 

 

 

276)

Section

Amend Chapter Numbers:

 

28-33-25

218 and 248

 

 

28-33-25. Settlement for lump sum or structured-type payment.

     (a)(1) In case payments have continued for not less than six (6) months, the The parties

may petition the workers' compensation court for an order approving a settlement of the future

liability for a lump sum or structured-type periodic payment over a period of time.

     (2)(i) In considering the petition, a judge shall give due weight to the fact that it is the

policy of this chapter that compensation be paid weekly.

     (ii) The petition shall be considered by a judge of the court and may be granted where it

is shown to the satisfaction of the court that the payment of a lump sum or structured-type

payment in lieu of future weekly payments will be in the best interest of all parties including the

employee, employer, insurance carrier, and where applicable, the workers' compensation

administrative fund and the center Center for Medicare and Medicaid services (CMS) as their

interests may appear. Any proposed settlement that exceeds one hundred four (104) weeks of

compensation for partial incapacity may be rejected by the chief judge in his or her discretion.

The employee shall be entitled to a finding amortizing the net settlement over his or her life

expectancy.

     (iii) In determining whether the settlement is in the best interest of all parties, the judge

may refer the employee for a rehabilitation evaluation pursuant to the provisions of � 28-33-41.

     (3) Upon payment, the employer and insurer shall be entitled to a duly executed release,

which fully and finally absolves and discharges the employer and insurer from any and all

liability arising out of the injury.

     (b) The provisions of this section shall be strictly construed and all hearings for

commutation shall be conducted in open session.

     (c) No case may be settled to a lump sum or structured-type periodic payment while the

Rhode Island temporary disability insurance fund and/or the department of social and

rehabilitative services department of human services has a claim for payments made under

chapter 41 of this title unless agreement is made to pay any claim from the lump sum or

structured-type periodic payments.

     (d) Attorneys' Attorney�s fees shall be fixed by the court, but in no event shall any

attorney's fee for representing an employee in connection with a petition brought pursuant to this

section exceed a sum equal to twenty percent (20%) of the lump sum or twenty percent (20%) of

the structured-type periodic payment reduced to present day value.

     (e) No case shall be settled for a lump sum or structured-type periodic payment unless it

is placed upon the record in open session, that the employer, if insured, has been advised by the

insurer or its agent of the potential effect of the settlement on its workers' compensation premium,

and has the opportunity to appear and state its disapproval of the settlement.

     (f) Settlements must be paid within fourteen (14) days of entry of an order to pay or the

date(s) upon which payment(s) is/are due pursuant to a court order, and a penalty of one hundred

dollars ($100) shall be assessed for every day payment is delinquent.


 

 

 

277)

Section

Amend Chapter Numbers:

 

28-33-44

218 and 248

 

 

28-33-44. Continuation of health insurance benefits.

     (a) No employer shall cancel but shall be obligated to continue to provide any employee's

health insurance benefits for a period of two (2) years from the date of the employee's receiving

weekly compensation benefits pursuant to a preliminary determination or a decision of the

workers' compensation court, or the filing at the department of a memorandum of agreement or

notice of direct payment for injuries occurring on or before February 28, 1986. The provisions of

this section shall not apply if:

     (1) The employee is no longer receiving compensation pursuant to a preliminary

determination or a decision of the workers' compensation court;

     (2) Has accepted suitable alternative employment;

     (3) Fails to pay any contribution toward the health care healthcare benefits that he or she

was required to pay prior to the injury;

     (4) A petition for a commutation or a structured settlement, as defined in � 28-33-25, is

granted;

     (5) The employee is a beneficiary of an equivalent health insurance policy of his or her

spouse; or

     (6) The employee is employed in the construction industry and is a participant in a multi-

employer welfare plan as defined in the Employee Retirement Income Security Act of 1974, 29

U.S.C. � 1002 et seq., and which the Internal Revenue Service has determined under the Internal

Revenue Code, 26 U.S.C. � 101 et seq., is tax exempt as to contributions received and as to

benefits received by its participants.

     (b) In the event any employer fails to comply with the provisions of this section, and not

its workers' compensation insurance carrier, then the employer shall be liable for hospital and

medical costs that would have been paid by the hospital or medical insurance plan afforded the

employee had he or she been covered by the plan.

     (c) The provisions of this section shall only apply to claims for injuries sustained on or

after July 1, 1984.


 

 

 

278)

Section

Amend Chapter Numbers:

 

28-35-14

218 and 248

 

 

28-35-14. Copies of petition to respondents.

     Upon filing with the workers' compensation court of any petition, stating the general

nature of any claim as to which any dispute or controversy may have arisen, the petitioner shall

serve a copy of the petition and its attachments on the respondent or respondents in accordance

with the workers' compensation court rules of practice.


 

 

 

279)

Section

Repeal Chapter Numbers:

 

28-35-46

218 and 248

 

 

28-35-46. [Repealed]


 

 

 

 

280)

Section

Repeal Chapter Numbers:

 

28-35-47

218 and 248

 

 

 28-35-47. [Repealed]


 

 

 

281)

Section

Repeal Chapter Numbers:

 

28-35-48

218 and 248

 

 

28-35-48. [Repealed]


 

 

 

282)

Section

Repeal Chapter Numbers:

 

28-35-49

218 and 248

 

 

28-35-49. [Repealed]


 

 

 

 

 

 

 

 

283)

Section

Repeal Chapter Numbers:

 

28-35-50

218 and 248

 

 

28-35-50. [Repealed]


 

 

 

284)

Section

Repeal Chapter Numbers:

 

28-35-51

218 and 248

 

 

28-35-51. [Repealed]


 

 

 

285)

Section

Amend Chapter Numbers:

 

28-53-7

9 and 10

 

 

28-53-7. Payments to employees of uninsured employers.

     (a) Where it is determined that the employee was injured in the course of employment

while working for an employer who fails to maintain a policy of workers' compensation insurance

as required by � 28-36-1 et seq., in accordance with the provisions of this chapter, the uninsured

protection fund is authorized to pay the benefits to which the injured employee would be entitled

pursuant to chapters 29 to 38 of this title subject to the limitations set forth herein.

     (b) The workers' compensation court shall hear all petitions for payment from the fund

pursuant to � 28-30-1 et seq.; provided, however, that the uninsured protection fund and the

employer shall be named as parties to any petition seeking payment of benefits from the fund.

     (c) Where an employee is deemed to be entitled to benefits from the uninsured protection

fund, the fund shall pay benefits for incapacity as provided pursuant to chapters 29 to 38 of this

title except that the employee shall not be entitled to receive benefits for medical expenses

pursuant to the provisions of � 28-33-5 or loss of function and disfigurement pursuant to the

provisions of � 28-33-19.

     (d) The fund shall pay costs, counsel, and witness fees, as provided in � 28-35-32, to any

employee who successfully prosecutes any petitions for payment; petitions to amend a pretrial

order; and all other employee petitions; and to employees who successfully defend, in whole or in

part, proceedings seeking to reduce or terminate any and all payments; provided, however, that

the attorney's fees awarded to counsel who represent the employee in petitions for lump-sum

commutation filed pursuant to � 28-33-25, or in the settlement of disputed cases pursuant to � 28-

33-25.1, shall be limited to the maximum amount paid to counsel who serve as court-appointed

attorneys in workers' compensation proceedings as established by rule or order of the Rhode

Island supreme court. Any payment ordered by the court or due under this section shall not be

subject to liens set forth in � 28-33-27(b), nor shall such payments be assignable or subject to

assignment in any way.

     (e) In the event that the uninsured employer makes payment of any monies to the

employee to compensate the employee for lost wages or medical expenses, the fund shall be

entitled to a credit for all such monies received by, or on behalf of, the employee against any

future benefits payable directly to the employee. The fund shall be entitled to full reimbursement

from the uninsured employer for any and all payments made to the employee, as well as all costs,

counsel, and witness fees paid out by the fund in connection with any claim and/or petition, plus

any and all costs and attorney's fees associated with collection and reimbursement of the fund.

     (f) This section shall apply to injuries that occur on or after February 1, September 1,

2019.


 

 

 

 

286)

Section

Add Chapter Numbers:

 

28-58

43 and 64

 

 

CHAPTER 58

LOCAL OWNERSHIP OPPORTUNITY ACT


 

 

 

287)

Section

Add Chapter Numbers:

 

28-58-1

43 and 64

 

 

28-58-1. Short title.

     This chapter shall be known and may be cited as the "Local Ownership Opportunity Act."


 

 

 

288)

Section

Add Chapter Numbers:

 

28-58-2

43 and 64

 

 

28-58-2. Legislative purpose.

     The purpose of this legislation is to preserve jobs and create new opportunities for

economic growth and entrepreneurship in Rhode Island by providing opportunities for employees

to purchase a business, otherwise at risk of closure.


 

 

 

289)

Section

Add Chapter Numbers:

 

28-58-3

43 and 64

 

 

28-58-3. Definitions.

     (a) "Employer," "plant closing," "mass layoff," "representative," "employment loss,"

"unit of local government," and "part-time employee" means those terms as defined in 29 U.S.C.

2101(a).

     (b) "Employing business" means the business enterprise or entity for which the affected

employees worked or were suffered or permitted to work at the time the notice defined in � 28-

58-4 was issued.


 

 

290)

Section

Add Chapter Numbers:

 

28-58-4

43 and 64

 

 

28-58-4. Notification to affected employees.

     (a) Whenever an employer is required by the Worker Adjustment and Retraining

Notification Act (WARN Act), 29 U.S.C. Chapter 23, to provide advance notice of a plant closing

or mass layoff, the director of the department of labor and training, or any designee thereof, shall

provide to the affected employees or the representatives of the affected employees written notice

consisting of, but not limited to, the following:

     (1) Notice of the affected employees' right to furnish a bid to purchase the employing

business; and

     (2) Information regarding the formation of a workers' cooperative under chapter 6.2 of

title 7.

     (b) The department of labor and training, or any designee thereof, shall make available to

employees information, materials, and resources on the creation of worker's workers�

cooperatives as defined in chapter 6.2 of title 7.

     (c) The department of labor and training shall provide access for business owners to

information, and materials on the creation of worker's workers� cooperatives under chapter 6.2 of

title 7, and the conversion of a traditionally owned business to worker ownership.


 

 

 

291)

Section

Add Chapter Numbers

 

28-58-5

43 and 64

 

 

28-58-5. Sale not compelled.

     Nothing in this chapter shall be construed as compelling or preventing a sale by the

employing business.


 

 

 

 

 292)

Section

Add Chapter Numbers:

 

28-58-6

43 and 64

 

 

28-58-6. Regulations.

     The department of labor and training shall coordinate implementation and enforcement of

this chapter and may promulgate appropriate guidelines or regulations for such purposes.


 

 

 

293)

Section

Add Chapter Numbers:

 

28-58-7

43 and 64

 

 

28-58-7. Severability.

     If any provision of this chapter or any rule or regulation created under this chapter, or the

application of any provision of this chapter to any person or circumstance shall be held invalid in

any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the

application of such provision to other persons or circumstances shall not be affected thereby. The

invalidity of any section or sections or parts of any section of this chapter shall not affect the

validity of the remainder of this chapter and to this end the provisions of the chapter are declared

to be severable.


 

 

 

 

294)

Section

Add Chapter Numbers:

 

28-59

204 and 264

 

 

CHAPTER 58

RHODE ISLAND NONCOMPETITION AGREEMENT ACT


 

 

 

 

 

295)

Section

Add Chapter Numbers:

 

28-59-1

204 and 264

 

 

28-59-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Noncompetition

Agreement Act."


 

 

 

296)

Section

Add Chapter Numbers:

 

28-59-2

204 and 264

 

 

28-59-2. Definitions.

     As used in this chapter:

     (1) "Business entity" means any person as defined in � 43-3-6 and includes a corporation,

business trust, estate trust, partnership, association, joint venture, government, governmental

subdivision or agency, or any other legal or commercial entity.

     (2) "Earnings" means wages or compensation paid to an employee in the first forty (40)

hours of work in a given week, not inclusive of hours paid at an overtime, Sunday, or holiday

rate.

     (3) "Employee" means an individual who works for hire, including an individual

employed in a supervisory, managerial, or confidential position, but shall not include an

independent contractor.

     (4) "Employer" means any person, business entity, partnership, individual proprietorship,

joint venture, firm, company, or other similar legal entity that employs one or more employees,

and shall include the state and its instrumentalities and political subdivisions, public corporations,

and charitable organizations.

     (5) "Forfeiture agreement" means an agreement that imposes adverse financial

consequences on a former employee as a result of the termination of an employment relationship,

regardless of whether the employee engaged in competitive activities, following cessation of the

employment relationship. Forfeiture agreements do not include forfeiture for competition

agreements.

     (6) "Forfeiture for competition agreement" means an agreement that by its terms or

through the manner in which it is enforced, imposes adverse financial consequences on a former

employee as a result of the termination of an employment relationship if the employee engages in

competitive activities.

     (7) "Low-wage employee" means an employee whose average annual earnings, as

defined in � 28-58-2(2) subsection (2), are not more than two hundred fifty percent (250%) of the

federal poverty level for individuals as established by the United States Department of Health and

Human Services federal poverty guidelines.

     (8) "Noncompetition agreement" means an agreement between an employer and an

employee, or otherwise arising out of an existing or anticipated employment relationship, under

which the employee or expected employee agrees that he or she will not engage in certain

specified activities competitive with his or her employer, after the employment relationship has

ended. Noncompetition agreements include forfeiture for competition agreements, but do not

include:

     (i) Covenants not to solicit or hire employees of the employer;

     (ii) Covenants not to solicit or transact business with customers, clients, or vendors of the

employer;

     (iii) Noncompetition agreements made in connection with the sale of a business entity or

all or substantially all of the operating assets of a business entity or partnership, or otherwise

disposing of the ownership interest of a business entity or partnership, or division or subsidiary of

any of the foregoing, when the party restricted by the noncompetition agreement is a significant

owner of, or member or partner in, the business entity who will receive significant consideration

or benefit from the sale or disposal;

     (iv) Noncompetition agreements originating outside of an employment relationship;

     (v) Forfeiture agreements;

     (vi) Nondisclosure or confidentiality agreements;

     (vii) Invention assignment agreements;

     (viii) Noncompetition agreements made in connection with the cessation of or separation

from employment if the employee is expressly granted seven (7) business days to rescind

acceptance; or

     (ix) Agreements by which an employee agrees to not reapply for employment to the same

employer after termination of the employee.

     (9) "Trade secret" means information as defined in � 6-41-1.


 

 

 

297)

Section

Add Chapter Numbers:

 

28-59-3

204 and 264

 

 

28-59-3. Enforceability.

     (a) A noncompetition agreement shall not be enforceable against the following types of

workers:

     (1) An employee who is classified as nonexempt under the Fair Labor Standards Act, 29

U.S.C. 201-219;

     (2) Undergraduate or graduate students that who participate in an internship or otherwise

enter a short-term employment relationship with an employer, whether paid or unpaid, while

enrolled at an educational institution;

     (3) Employees age eighteen (18) or younger; or

     (4) A low-wage employee.

     (b) This section does not render void or unenforceable the remainder of a contract or

agreement containing the unenforceable noncompetition agreement, nor does it preclude the

imposition of a noncompetition restriction by a court, whether through preliminary or permanent

injunctive relief or otherwise, as a remedy for a breach of another agreement or of a statutory or

common law duty.

     (c) Nothing in this section shall preclude an employer from entering into an agreement

with an employee not to share any information, including after the employee is no longer

employed by the employer, regarding the employer or the employment that is a trade secret.


 

 

 

298)

Section

Amend Chapter Numbers:

 

30-18-1

29 and 30

 

 

30-18-1. Recordation without fee -- Sufficiency of certified copy.

     A certificate of the honorable discharge of any soldier, sailor, airperson, or marine from

the military, naval, air, or marine service of the United States, and in case of a sailor to include

notice of separation from the United States naval service, form 553 and revisions thereto, may be

recorded in the office of the town clerk or the city clerk, except in the city of Providence, where

the discharge and separation notice shall be recorded in the office of the recorder of deeds. It shall

be the duty of the town clerk or the city clerk, or the recorder of deeds in the city of Providence,

to record any certificate and separation notice upon presentation thereof without the payment of

any fee. For any purpose for which an original honorable discharge and separation notice may be

required in this state, a certified copy of the record, or a form issued by the office of veterans'

affairs pursuant to � 30-18-4 shall be deemed sufficient and shall be accepted in lieu thereof.


 

 

 

 

 

 

299

Section

Amend Chapter Numbers:

 

30-18-2

29 and 30

 

 

30-18-2. Sufficiency of reference to recorded discharge.

     Any person who has served in the military, naval, or air service of the United States in

the Spanish-American war, the insurrection in the Philippines, the China relief expedition, World

War I, World War II, or any subsequent war in which the United States may be engaged, who has

once filed evidence in a state, city, or town administrative office in this state that he or she has

been honorably discharged from service or had the characterization of his or her discharge

changed under the provisions of � 30-18-3, either in accordance with the requirements of � 44-3-

4, or in accordance with the requirements of any other general or public law of this state, shall not

be again required to show his or her discharge paper in making an application for tax exemption,

licensing, examination, registration, aid, or relief, or in any other pertinent relationship in

connection with any general or public law of this state, where evidence of honorable discharge

from military, naval, or air service is required to be filed, but may refer any inquirer for

verification of discharge and former filing of evidence to the office of veterans' affairs, or other

office or official where or with whom the discharge has been once recorded, which evidence shall

stand so long as his or her legal residence remains in Rhode Island.


  

 

 

300)

Section

Add Chapter Numbers:

 

30-18-3

29 and 30

 

 

30-18-3. Change in treatment of certain discharges.

     (a) For purposes of this chapter, all former members of the armed forces who were

separated from the service with a general or other than honorable discharge due solely to their

sexual orientation, or gender identity or expression, may petition the office of veterans' affairs on

forms and conditions prescribed under � 30-18-4, to have his or her discharge recorded as

honorable.

     (1) (b) Upon a determination by the office of veterans' affairs that the member was

separated from the armed forces with a general or other than honorable discharge due solely to

their sexual orientation, or gender identity or expression, the director of the office of veterans'

affairs shall provide a form to be recorded pursuant to �� 30-18-1 and 30-18-2 certifying that the

member's discharge is to be treated as honorable.

     (2) (c) Persons who have the characterization of their discharge changed under this

section shall be afforded the same rights, privileges, and benefits authorized by general or public

law to service members who were honorably discharged.


 

 

 

301)

Section

Add Chapter Numbers:

 

30-18-4

29 and 30

 

 

30-18-4. Powers of director.

     (a) The director of the office of veterans' affairs shall promulgate any rules, regulations,

and forms as shall be necessary for the full and proper implementation of this chapter, including

but not limited to:

     (1) Informing former members of the armed services that they may be entitled to benefits

and privileges that were previously denied;

     (2) Recording all military discharges;

     (3) Verifying the characterization of the discharge for the purpose of benefits and

privileges authorized by the general and public laws; and

     (4) Publishing and distributing materials to all state, municipal, and quasi-public entities

highlighting the changes made to this chapter and the effect those changes will have to on the

application of the general and public laws.

     (b) The regulations shall be adopted only in accordance with the procedures established

by chapter 35 of title 42.

     (c) The director of the office of veterans' affairs shall also be empowered to enforce and

administer the provisions of this chapter with regard to ensuring that each state or quasi-public

agency and municipality is in compliance with this chapter.


 

302)

Section

Amend Chapter Numbers:

 

31-1-3

58 and 73, 288 and 301

 

 

31-1-3. Types of vehicles. [Effective January 1, 2019.]

     (a)(1) "Antique motor car" means any motor vehicle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle may be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the

previously mentioned activities, but may not be used primarily for the transportation of

passengers or goods over any public highway.

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it on payment of the standard fee. The vehicle may be operated on the highways of

this and other states, and may, in addition to the registration plate, retain the designation "antique"

and display an "antique plate.".

     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate

designating the exact year of manufacture of the vehicle.

     (b)(1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the

previously mentioned activities, but may not be used primarily for the transportation of

passengers or goods over any public highway; and

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways

of this and other states, and may, in addition to the registration plate, retain the designation

"antique" and display an "antique plate.".

     (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol);

police vehicles; vehicles used by Rhode Island state marshals in of the department of corrections

while in the performance of official duties; vehicles used by the state bomb squad within the

division office of state fire marshal; vehicles of municipal departments or public service

corporations designated or authorized by the administrator as ambulances and emergency

vehicles; and privately owned motor vehicles of volunteer firefighters or privately owned motor

vehicles of volunteer ambulance drivers or attendants, as authorized by the department chief or

commander and permitted by the Rhode Island Association of Fire Chiefs and Rhode Island

Association of Police Chiefs Joint Committee for Volunteer Warning Light Permits.

     (d) "Automobile" means, for registration purposes, every motor vehicle carrying

passengers other than for hire.

     (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and

similar devices, propelled exclusively by human power, and upon which a person may ride.

     (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the

manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living

quarters for recreation that has either its own motor power or is mounted on, or towed by, another

vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers,

and pick-up campers.

     (g) "Electric motorized bicycle" means a motorized bicycle that may be propelled by

human power or electric motor power, or by both, with an electric motor rated not more than two

(2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25)

miles per hour.

     (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-

tandem two-wheeled (2) device, designed to transport only one person, with an electric

propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.

     (i) "Fifth-wheel trailer": A towable recreational vehicle, not exceeding four hundred

(400) square feet in area, designed to be towed by a motorized vehicle that contains a towing

mechanism that is mounted above or forward of the tow vehicle's rear axle and that is eligible to

be registered for highway use.

     (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse

shall be considered an automobile for registration purposes.

     (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer,

semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

for hire, and operated wholly or in part upon any street or highway as a means of transportation

similar to that afforded by a street railway company, by indiscriminately receiving or discharging

passengers, or running on a regular route or over any portion of one, or between fixed termini; or

(2) A "private bus" that includes every motor vehicle other than a public bus or passenger van

designed for carrying more than ten (10) passengers and used for the transportation of persons,

and every motor vehicle other than a taxicab designed and used for the transportation of persons

for compensation.

     (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

in contact with the ground and a saddle on which the driver sits astride, except bicycles with

helper motors as defined in subsection (n) of this section.

     (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a

motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

subsection (n) of this section.

     (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human

power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum

speed of not more than thirty (30) miles per hour.

     (o) "Motorized camper": A camping recreational vehicle, built on, or permanently

attached to, a self-propelled motor vehicle chassis cab or van that is an integral part of the

completed vehicle.

     (p) "Motorized tricycles" means tricycles that may be propelled by human power or

helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of

a maximum speed of not more than thirty (30) miles per hour.

     (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by,

a person with a disability that is incapable of speed in excess of eight (8) miles per hour.

     (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four

and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable

of a maximum speed of not more than thirty (30) miles per hour.

     (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric

power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

(g) of this section, and motorized wheelchairs.

     (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

persons for compensation in any form, or motor vehicles rented for transporting persons either

with or without furnishing an operator.

     (u) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by

natural gas.

     (v) "Park trailer": A camping recreational vehicle that is eligible to be registered for

highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels;

and (2) Certified by the manufacturer as complying with ANSI A119.5.

     (w) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

vans may be used for vanpools, transporting passengers to and from work locations, provided that

the operator receives no remuneration other than free use of the vehicle.

     (x) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with

four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

transporting additional passengers in seats or on a platform made a part of or otherwise attached

to the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed

to it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

transportation of a person with a disability, nor shall it include a tricycle built for a child or an

adult with a seat for only one operator and no passenger.

     (y) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and

sides designed to be loaded onto and unloaded from the back of a pick-up truck.

     (z) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three (3)

wheels operated by one person for the purpose of, or capable of, transporting additional

passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This

definition shall not include a bicycle built for two (2) where the operators are seated one behind

the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed

thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for

the transportation of a person with a disability.

     (aa) "School bus" means every motor vehicle owned by a public or governmental agency,

when operated for the transportation of children to or from school; or privately owned, when

operated for compensation for the transportation of children to or from school.

     (bb) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable

body or with removable seats, usable for both passenger and delivery purposes, and including

motor vehicles commonly known as station or depot wagons or any vehicle into which access can

be gained through the rear by means of a hatch or trunk and where the rear seats can be folded

down to permit the carrying of articles as well as passengers.

     (cc) "Tent trailer": A towable recreational vehicle that is mounted on wheels and

constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

for use and that is eligible to be registered for highway use.

     (dd) "Trackless trolley coach" means every motor vehicle that is propelled by electric

power obtained from overhead trolley wires, but not operated on rails.

     (ee) "Travel trailer": A towable recreational vehicle, not exceeding three hundred twenty

square feet (320') in area, designed to be towed by a motorized vehicle containing a towing

mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered

for highway use.

     (ff) "Vehicle" means every device in, upon, or by which any person or property is or may

be transported or drawn upon a highway, except devices used exclusively upon stationary rails or

tracks.

 

 

31-1-3. Types of vehicles. [Effective January 1, 2019.]

     (a)(1) "Antique motor car" means any motor vehicle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle may be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the

previously mentioned activities, but may not be used primarily for the transportation of

passengers or goods over any public highway.

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it on payment of the standard fee. The vehicle may be operated on the highways of

this and other states, and may, in addition to the registration plate, retain the designation "antique"

and display an "antique plate.".

     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate

designating the exact year of manufacture of the vehicle. The year of manufacture plate, as

authorized by this subsection, need only be attached to the rear of the vehicle.

     (b)(1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the

previously mentioned activities, but may not be used primarily for the transportation of

passengers or goods over any public highway; and

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways

of this and other states, and may, in addition to the registration plate, retain the designation

"antique" and display an "antique plate.".

     (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol);

police vehicles; vehicles used by Rhode Island state marshals in the department of corrections;

vehicles used by the state bomb squad within the division of state fire marshal; vehicles of

municipal departments or public service corporations designated or authorized by the

administrator as ambulances and emergency vehicles; and privately owned motor vehicles of

volunteer firefighters or privately owned motor vehicles of volunteer ambulance drivers or

attendants, as authorized by the department chief or commander and permitted by the Rhode

Island Association of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee

for Volunteer Warning Light Permits.

     (d) "Automobile" means, for registration purposes, every motor vehicle carrying

passengers other than for hire.

     (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and

similar devices, propelled exclusively by human power, and upon which a person may ride.

     (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the

manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living

quarters for recreation that has either its own motor power or is mounted on, or towed by, another

vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers,

and pick-up campers.

     (g) "Electric motorized bicycle" means a motorized bicycle that may be propelled by

human power or electric motor power, or by both, with an electric motor rated not more than two

(2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25)

miles per hour.

     (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-

tandem two-wheeled (2) device, designed to transport only one person, with an electric

propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.

     (i) "Fifth-wheel trailer": A towable recreational vehicle, not exceeding four hundred

(400) square feet in area, designed to be towed by a motorized vehicle that contains a towing

mechanism that is mounted above or forward of the tow vehicle's rear axle and that is eligible to

be registered for highway use.

     (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse

shall be considered an automobile for registration purposes.

     (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer,

semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

for hire, and operated wholly or in part upon any street or highway as a means of transportation

similar to that afforded by a street railway company, by indiscriminately receiving or discharging

passengers, or running on a regular route or over any portion of one, or between fixed termini; or

(2) A "private bus" that includes every motor vehicle other than a public bus or passenger van

designed for carrying more than ten (10) passengers and used for the transportation of persons,

and every motor vehicle other than a taxicab designed and used for the transportation of persons

for compensation.

     (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

in contact with the ground and a saddle on which the driver sits astride, except bicycles with

helper motors as defined in subsection (n) of this section.

     (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a

motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

subsection (n) of this section.

     (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human

power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum

speed of not more than thirty (30) miles per hour.

     (o) "Motorized camper": A camping recreational vehicle, built on, or permanently

attached to, a self-propelled motor vehicle chassis cab or van that is an integral part of the

completed vehicle.

     (p) "Motorized tricycles" means tricycles that may be propelled by human power or

helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of

a maximum speed of not more than thirty (30) miles per hour.

     (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by,

a person with a disability that is incapable of speed in excess of eight (8) miles per hour.

     (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four

and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable

of a maximum speed of not more than thirty (30) miles per hour.

     (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric

power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

(g) of this section, and motorized wheelchairs.

     (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

persons for compensation in any form, or motor vehicles rented for transporting persons either

with or without furnishing an operator.

     (u) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by

natural gas.

     (v) "Park trailer": A camping recreational vehicle that is eligible to be registered for

highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels;

and (2) Certified by the manufacturer as complying with ANSI A119.5.

     (w) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

vans may be used for vanpools, transporting passengers to and from work locations, provided that

the operator receives no remuneration other than free use of the vehicle.

     (x) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with

four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

transporting additional passengers in seats or on a platform made a part of or otherwise attached

to the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed

to it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

transportation of a person with a disability, nor shall it include a tricycle built for a child or an

adult with a seat for only one operator and no passenger.

     (y) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and

sides designed to be loaded onto and unloaded from the back of a pick-up truck.

     (z) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three (3)

wheels operated by one person for the purpose of, or capable of, transporting additional

passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This

definition shall not include a bicycle built for two (2) where the operators are seated one behind

the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed

thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for

the transportation of a person with a disability.

     (aa) "School bus" means every motor vehicle owned by a public or governmental agency,

when operated for the transportation of children to or from school; or privately owned, when

operated for compensation for the transportation of children to or from school.

     (bb) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable

body or with removable seats, usable for both passenger and delivery purposes, and including

motor vehicles commonly known as station or depot wagons or any vehicle into which access can

be gained through the rear by means of a hatch or trunk and where the rear seats can be folded

down to permit the carrying of articles as well as passengers.

     (cc) "Tent trailer": A towable recreational vehicle that is mounted on wheels and

constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

for use and that is eligible to be registered for highway use.

     (dd) "Trackless trolley coach" means every motor vehicle that is propelled by electric

power obtained from overhead trolley wires, but not operated on rails.

     (ee) "Travel trailer": A towable recreational vehicle, not exceeding three hundred twenty

square feet (320') in area, designed to be towed by a motorized vehicle containing a towing

mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered

for highway use.

     (ff) "Vehicle" means every device in, upon, or by which any person or property is or may

be transported or drawn upon a highway, except devices used exclusively upon stationary rails or

tracks.


 

 

303)

Section

Amend Chapter Numbers:

 

31-10.3-19

49 and 75

 

 

31-10.3-19. Examination of applicants.

     (a) The department shall examine every applicant for a commercial license or learner's

permit. The examination shall include: (1) a A test of the applicant's eyesight to be administered

according to standards set by the Federal Motor Carrier Regulations; (2) his His or her ability to

read English in understanding highway signs regulating, warning, and directing traffic; (3) his

His or her knowledge of the traffic laws of this state; and (4) shall Shall include an actual

demonstration of ability to exercise ordinary and reasonable control in the operation of a motor

vehicle or combination of vehicles of the type covered by the license classification, endorsement,

or restrictions which the applicant is seeking. Each applicant shall successfully complete the skills

test in the following order: (1) pre Pre-trip inspection, ; (2) basic Basic vehicle control skills, ;

and (3) on On-road skills. If an applicant fails one segment of the skills test the applicant cannot

continue to the next segment of the test; however, scores for the passed segments of the skills test

shall remain valid and an applicant will not be required to retake the segments previously passed

prior to expiration of the commercial learner's permit. The examination may also include any

further physical and mental examinations that the department deems necessary to determine the

applicant's fitness to safely operate a motor vehicle upon the highways.

     (b) A nonresident, who establishes residence in the state of Rhode Island and makes

application for a Rhode Island commercial license, shall not be required to demonstrate his or her

ability to operate a motor vehicle, unless the examiner has reason to believe such a demonstration

is needed; provided, that the nonresident surrenders a valid commercial license that was issued

under the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C.

� 31101 et seq.); may be as amended from time to time by another state.

     (c) The department shall be permitted to promulgate rules and regulations pertaining to

third-party testing for the skills tests required for commercial driver's licenses in accordance with

49 CFR Part 383, as it may be revised from time to time.


 

 

 

304)

Section

Amend Chapter Numbers:

 

31-10.3-20

49 and 75

 

 

31-10.3-20. Fees.

     The fees charged for commercial licenses, endorsements, classifications, restrictions, and

required examinations shall be as follows:

     (1) For every commercial operator's first license, thirty dollars ($30.00);

     (2) For every renewal of a commercial license, fifty dollars ($50.00);

     (3) For every duplicate commercial license, ten dollars ($10.00);

     (4) For every duplicate commercial instruction learner's permit, ten dollars ($10.00);

     (5) For any change of:

     (i) Classification(s), ten dollars ($10.00);

     (ii) Endorsement(s), ten dollars ($10.00);

     (iii) Restriction(s), ten dollars ($10.00);

     (6) For every written and/or oral examination, ten dollars ($10.00);

     (7) The Rhode Island board of education shall establish fees that are deemed necessary

for the Community College of Rhode Island to administer the skill test, not to exceed one

hundred dollars ($100);

     (8) For every commercial Class P (learner's permit) first license, thirty dollars ($30.00);

and , sixty dollars ($60.00)

     (9) For every renewal of a commercial Class P (learner's permit) license, thirty dollars

($30.00).


 

 

305)

Section

Amend Chapter Numbers:

 

31-10.3-23

49 and 75

 

 

31-10.3-23. Expiration of licenses.

     Every commercial license issued by the department shall expire on the licensee's birth

date in the fifth year following the initial issuance, excluding Class P (learner's permit) licenses

commercial learner's permits which shall expire one hundred eighty (180) days one year from the

date of initial issuance, and excluding a first issuance which shall expire on the licensee's birth

date in the second year following initial issuance.


 

 

 

306)

Section

Amend Chapter Numbers:

 

31-10.3-30

49 and 75

 

 

31-10.3-30. Commercial driver's license required.

     (a) Except when operating under a commercial instruction learner's permit and

accompanied by the holder of a commercial license valid for the vehicle being operated, no

person shall operate a commercial motor vehicle unless the person has been issued a valid

commercial driver's license containing the endorsements, classifications, or restrictions applicable

to the type of vehicle being operated.

     (b) No person shall be issued a commercial driver's license until he or she has passed a

written and driving test for the operation of a commercial motor vehicle which that complies

with the minimum federal standards in 49 C.F.R. Part 383, as revised from time to time, and has

satisfied all other federal requirements as well as any other requirements imposed by state law

subject to the provisions of � 31-10.3-19(a). The tests shall be prescribed and conducted by the

department or a third party designated by the department.

     (c) A commercial license may be issued only to a person who operates, or who intends to

operate, commercial motor vehicles and who is domiciled in this state.

     (d) A commercial license shall not be issued to a person during a period in which that

person is disqualified from operating a commercial motor vehicle or while that person's license is

suspended, revoked, cancelled, or otherwise withdrawn in any state or province of Canada; nor

shall a commercial driver's license be issued to a person who has a license issued by any other

state unless the person first surrenders the commercial driver's license issued by the other state,

which license shall be returned to the issuing state for cancellation.


 

 

 

307)

Section

Amend Chapter Numbers:

 

31-11-25

217 and 236

 

 

31-11-25. Suspension for failure to pay fine.

     (a) The division of motor vehicles shall suspend the license of a person to operate a motor

vehicle upon certification of the clerk of any county of the superior court, or any supervising

deputy clerk of the district court or a clerk of the traffic tribunal that the person has failed to pay

fines or costs imposed for a violation of any provision of this title within the time period provided

for payment by the court, or has failed to make satisfactory arrangements with the court for

payment of the fines or costs; provided, however, the person shall first be entitled to request an

ability to pay hearing by filing a request with the court which that imposed the fines or costs.

     (b) The suspension shall remain in force until all fines or costs are paid to the respective

court or satisfactory arrangements have been made with the court for payment of the fines or

costs.


 

 

 

308)

Section

Amend Chapter Numbers:

 

31-13-6

193 and 261

 

 

31-13-6. Meaning of traffic control signals.

     Traffic control signals shall have the following meanings for vehicles and pedestrians:

     (1) Steady green signals shall have the following meanings:

     (i) Vehicular traffic facing a circular green signal is permitted to proceed straight through

or turn right or left or make a U-turn movement, except as such movement is prohibited by lane-

use signs, turn prohibition signs, lane markings, separate turn signal, or other traffic control

devices.

     (A) Vehicular traffic, including vehicles turning right or left or making a U-turn

movement, shall yield the right-of-way to:

     (I) Pedestrians lawfully within an associated crosswalk; and

     (II) Other vehicles lawfully within the intersection.

     (B) Vehicular traffic turning left or making a U-turn movement to the left shall yield the

right-of-way to other vehicles approaching from the opposite direction so closely as to constitute

an immediate hazard during the time when such turning vehicle is moving across or within the

intersection.

     (ii) Pedestrians facing a circular green signal, unless otherwise directed by a pedestrian

signal or other traffic control device, are permitted to proceed across the roadway within any

marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles

lawfully within the intersection or so close as to create an immediate hazard at the time that the

green signal is first displayed.

     (iii) A bicyclist facing a green bicycle signal may proceed straight through or turn right or

left unless a sign at that place prohibits either turn. The bicyclist shall yield the right-of-way to

other vehicles within the intersection at the time the green bicycle signal is shown.

     (iii)(iv) Vehicular traffic facing a green arrow signal, displayed alone or in combination

with another signal, is permitted to cautiously enter the intersection only to make the movement

indicated by such the arrow, or such other movement as is permitted by other signals displayed at

the same time.

     (A) Vehicular traffic, including vehicles turning right or left or making a U-turn

movement, shall yield the right-of-way to:

     (I) Pedestrians lawfully within an associated crosswalk; and

     (II) Other vehicles lawfully within the intersection.

     (iv)(v) Pedestrians facing a green arrow signal, unless otherwise directed by a pedestrian

signal or other traffic control device, shall not cross the roadway.

     (2) Steady yellow signals shall have the following meanings:

     (i) Vehicular traffic facing a steady circular yellow signal is warned that the related green

movement is being terminated and that a steady red signal will be displayed immediately

thereafter when vehicular traffic shall not enter the intersection. The rules set forth concerning

vehicular operation under the movement(s) being terminated shall continue to apply while the

steady circular yellow signal indication is displayed.

     (ii) A bicyclist facing a steady yellow bicycle signal is thereby warned that the related

right-of-way is being terminated and that a red bicycle signal will be shown immediately. A

bicyclist facing a steady yellow bicycle signal shall stop at a clearly marked stop line, but if none,

shall stop before entering the marked crosswalk on the near side of the intersection, or if there is

no marked crosswalk, then before entering the intersection. If a bicyclist cannot stop safely, the

bicyclist may proceed cautiously through the intersection.

     (ii)(iii) Vehicular traffic facing a steady yellow arrow signal is warned that the related

green arrow movement or the related flashing arrow movement is being terminated. The rules set

forth concerning vehicular operation under the movement(s) being terminated shall continue to

apply while the steady yellow arrow signal is displayed.

     (iii)(iv) Pedestrians facing a steady circular yellow or yellow arrow signal, unless

otherwise directed by a pedestrian signal or other traffic control device, shall not start to cross the

roadway.

     (3) Steady red signals shall have the following meanings:

     (i) Vehicular traffic facing a steady circular red signal, unless entering the intersection to

make another movement permitted by another signal, shall stop at a clearly marked stop line; but

if there is no stop line, traffic shall stop before entering the crosswalk on the near side of the

intersection; or if there is no crosswalk, then before entering the intersection; and shall remain

stopped until a signal to proceed is displayed, or as provided below:

     (A) Except when a traffic control device is in a place prohibiting a turn on red or a steady

red arrow signal is displayed, vehicular traffic facing a steady circular red signal is permitted to

enter the intersection to turn right. The right to proceed with the turn shall be subject to the rules

applicable after making a stop at a stop sign.

     (ii) Vehicular traffic facing a steady red arrow signal shall not enter the intersection to

make the movement indicated by the arrow, unless entering the intersection to make another

movement permitted by another signal, and shall stop at a clearly marked stop line; but if there is

no stop line, before entering the crosswalk on the near side of the intersection; or if there is no

crosswalk, then before entering the intersection; and shall remain stopped until a signal or other

traffic control device permitting the movement indicated by such the red arrow is displayed.

     (iii) Pedestrians facing a steady circular red or steady red arrow signal shall not enter the

roadway, unless otherwise directed by a pedestrian signal or other traffic control device.

     (iv) A bicyclist facing a steady red bicycle signal shall stop at a clearly marked stop line,

but if none, before entering the marked crosswalk on the near side of the intersection, or if there is

no marked crosswalk, then before entering the intersection. The bicyclist shall remain stopped

until a green bicycle signal is shown.

     (4) Flashing yellow signals shall have the following meanings:

     (i) Vehicular traffic on an approach to an intersection facing a flashing circular yellow

signal is permitted to cautiously enter the intersection to proceed straight through or turn right or

left or make a U-turn except as such movement is prohibited by lane-use signs, turn prohibition

signs, lane markings, turn signals, or other traffic control devices.

     (A) Such vehicular traffic, including vehicles turning right or left or making a U-turn,

shall yield the right-of-way to:

     (I) Pedestrians lawfully within an associated crosswalk; and

     (II) Other vehicles lawfully within the intersection.

     (B) Vehicular traffic turning left or making a U-turn to the left shall yield the right-of-

way to other vehicles approaching from the opposite direction so closely as to constitute an

immediate hazard during the time when such the turning vehicle is moving across or within the

intersection.

     (2)(ii) When a flashing circular yellow signal(s) is displayed as a beacon to supplement

another traffic control device, road users are notified that there is a need to pay extra attention to

the message contained thereon or that the regulatory or warning requirements of the other traffic

control device, which may not be applicable at all times, are currently in force.

     (3)(iii) Vehicular traffic, on an approach to an intersection facing a flashing yellow arrow

signal, displayed alone or in combination with another signal, is permitted to cautiously enter the

intersection only to make the movement indicated by such arrow, or other such movement as is

permitted by other signal displayed at the same time.

     (i)(A) Vehicular traffic, including vehicles turning right or left or making a U-turn, shall

yield the right-of-way to:

     (A)(I) Pedestrians lawfully within an associated crosswalk; and

     (B)(II) Other vehicles lawfully within the intersection.

     (I)(B) Vehicular traffic turning left or making a U-turn to the left shall yield the right-of-

way to other vehicles approaching from the opposite direction so closely as to constitute an

immediate hazard during the time when such the turning vehicle is moving across or within the

intersection.

     (4)(iv) Pedestrians facing any flashing yellow signal at an intersection, unless otherwise

directed by a pedestrian signal or other traffic control device, are permitted to proceed across the

roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-

of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal is

first displayed.

     (5) Flashing red signals shall have the following meanings:

     (i) Vehicular traffic, on an approach to an intersection, facing a flashing circular red

signal shall stop at a clearly marked stop line; but if there is no stop line, before entering the

crosswalk on the near side of the intersection; or if there is no crosswalk, at the point nearest the

intersecting roadway where the driver has a view of approaching traffic on the intersecting

roadway before entering the intersection. The right to proceed shall be subject to the rules

applicable after making a stop at a stop sign.

     (ii) When a flashing circular red signal(s) is displayed as a beacon to supplement another

traffic control device, road users are notified that there is a need to pay extra attention to the

message contained thereon or that the regulatory requirements of the other traffic control device,

which may not be applicable at all times, are currently in force.

     (iii) Vehicular traffic, on an approach to an intersection, facing a flashing red arrow

signal if intending to turn in the direction indicated by the arrow shall stop at a clearly marked

stop line; but if there is no stop line, before entering the crosswalk on the near side of the

intersection; or if there is no crosswalk, at the point nearest the intersecting roadway where the

driver has a view of approaching traffic on the intersecting roadway before entering the

intersection. The right to proceed with the turn shall be limited to the direction indicated by the

arrow and shall be subject to the rules applicable after making a stop at a stop sign.

     (iv) Pedestrians facing any flashing red signal at an intersection, unless otherwise

directed by a pedestrian control signal or other traffic control device, are permitted to proceed

across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield

the right-of-way to vehicles lawfully within the intersection at the time that the flashing red signal

is first displayed.


 

 

 

309)

Section

Amend Chapter Numbers:

 

31-22-30

34 and 35

 

 

31-22-30. Text messaging while operating a motor vehicle.

     (a) For purposes of this section, the following terms shall have the following meanings:

     (1) "Driving" means operating a motor vehicle on a public road, including operation

while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does

not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an

active roadway and has stopped in a location where it can safely remain stationary.

     (2) "Hands free" means the manner in which a wireless handset is operated for the

purpose of composing, reading, or sending text messages by using an internal feature or function,

or through an attachment or addition, including, but not limited to, an earpiece, headset, remote

microphone, or short-range wireless connection, thereby allowing the user to operate said device

without the use of hands, except to activate, deactivate, or initiate a feature or function thereof.

     (3) "Inoperability" means a motor vehicle that is incapable of being operated or being

operated in a safe and prudent manner due to mechanical failure, including, but not limited to,

engine overheating or tire failure.

     (4) "Motor vehicle" means any vehicle that is self-propelled by a motor, including, but

not limited to: automobiles, trucks, vans, construction vehicles, etc.

     (5) "Person" means any natural person, corporation, unincorporated association, firm,

partnership, joint venture, joint stock association, or other entity or business organization of any

kind.

     (6) "Personal wireless communication device" means a hand-held device through which

personal wireless services (commercial mobile services, unlicensed wireless services, and

common carrier wireless exchange access services) are transmitted, but does not include a global

navigation satellite receiver used for positioning, emergency notification, or navigation purposes.

     (7) "Stopped" means not in motion.

     (8) "Text message", also referred to as short messaging service (SMS), means the process

by which users send, read, or receive messages on a wireless handset, including text messages,

instant messages, electronic messages, or e-mails, in order to communicate with any person or

device.

     (9) "Use" means to operate a wireless handset or a personal wireless communication

device in a manner not consistent with hands-free operation.

     (10) "Wireless handset" means a portable electronic or computing device, including

cellular telephones and digital personal digital assistants (PDAs) (PDAs), capable of transmitting

data in the form of a text message.

     (b) No person shall use a wireless handset or personal wireless communication device to

compose, read, or send text messages while driving a motor vehicle on any public street or public

highway within the state of Rhode Island.

     (c) Notwithstanding the provisions of subsection (b), this section shall not be construed to

prohibit the use of any wireless handset or personal wireless communication device by:

     (1) Any law enforcement, public safety or police officers, emergency services officials,

first aid, emergency medical technicians and personnel, and fire safety officials in the

performance of duties arising out of, and in the course of, their employment as such;

     (2) A person using a wireless handset to contact an individual listed in subsection (c)(1);

     (3) A person using a wireless handset or personal wireless communication device inside a

motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the

flow of traffic, in accordance with applicable laws, rules, or ordinances, or is stopped due to the

inoperability of such motor vehicle; or

     (4) A person activating, viewing, or deactivating a global positioning or navigation

device or a global positioning or navigation application.

     (d) Nothing in this section shall be construed to prohibit a person, other than a pilot/escort

vehicle driver, driving a motor vehicle from utilizing a hands-free wireless handset.

     The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is

prohibited except to communicate hazard-related information to the escorted vehicle.

     (e) Any person who violates any of the provisions of this section shall, upon conviction,

be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30)

days, or both; for a second conviction a person shall be subject to a fine of one hundred fifty

dollars ($150), or a license suspension for up to three (3) months, or both; and for a third or

subsequent conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a

license suspension for up to six (6) months, or both. All violations arising out of this section shall

be heard in the Rhode Island traffic tribunal.


 

 

 

310)

Section

Add Chapter Numbers:

 

33-15-6.1

273 and 282

 

 

33-15-6.1. National criminal background checks for persons appointed limited

guardian or guardian.

     (a) In order to assist and protect Rhode Island's at-risk elderly and others over whom a

limited guardian or guardian would be required, all persons applying for appointment as a limited

guardian or guardian shall apply to the Rhode Island attorney general, the Rhode Island state

police, or to the appropriate local police department for a nationwide criminal records check,

utilizing a standard form to be provided by the probate court. The applicant whose criminal

records check is being conducted shall be responsible for the payment of the costs of said the

criminal records check. The check will conform to the applicable federal standards, including the

taking of fingerprints of the applicant.

     (b) An individual may be appointed as a temporary limited guardian or temporary

guardian for a period not to exceed ten (10) days, pending completion of the national criminal

background check required by this section.

     (c) For the purposes of this section, information produced by a national criminal records

check pertaining to conviction for the following crimes may be considered as "disqualifying

information": murder,; voluntary manslaughter,; involuntary manslaughter,; first-degree sexual

assault,; second-degree sexual assault,; third-degree sexual assault,assault on persons sixty (60)

years of age or older,; assault with intent to commit specified felonies (murder, robbery, rape,

burglary, or the abominable and detestable crime against nature),; felony assault,; patient abuse,;

neglect or mistreatment of patients,; burglary,; first-degree arson,; robbery,felony drug

offenses,; felony larceny, or felony banking law violations,; felony obtaining money under false

pretenses,; felony embezzlement,; abuse, neglect, and/or exploitation of adults with severe

impairments,exploitation of elders,; or a crime under section 1128(a) of the Social Security Act

(42 U.S.C. � 1320a-7(a)).

     (d) For the purposes of this section, "conviction" means, in addition to judgments of

conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances

where the defendant has entered a plea of nolo contendere and has received a sentence of

probation and those instances where a defendant has entered into a deferred sentence agreement.

     (e) If any disqualifying information is discovered with respect to the applicant, the bureau

of criminal identification of the attorney general, state police, or the local police department will

inform the probate court, in writing, without disclosing the nature of the disqualifying

information, that an item of disqualifying nature has been discovered. In addition, the bureau of

criminal identification of the attorney general, state police, or the local police department will

inform the applicant, in writing, of the nature of the disqualifying information. An applicant

against whom disqualifying information has been found may request that a copy of the criminal

background report be sent to the probate court which shall make the determination of suitability

of the applicant.

     (f) At the conclusion of any background check required by this chapter, the bureau of

criminal identification of the attorney general, state police, or the local police department will

promptly destroy the fingerprint card of the applicant.

     (g) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the attorney general, state police, or the local police department shall

inform both the applicant and the probate court of this fact.

     (h) The probate court shall maintain a record subject to review by the department of

attorney general of the evidence that criminal background checks have been initiated and

completed and the results thereof, in compliance with the provisions of this section for all persons

seeking appointment as a guardian or limited guardian after January 1, 2020.


 

 

 

311)

Section

Repeal Chapter Numbers:

 

33-27

200 and 262

 

 

CHAPTER 33-27. [Repeal]


 

 

 

312)

Section

Add Chapter Numbers:

 

33-27.1

200 and 262

 

 

CHAPTER 27.1

REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT


 

 

 

313)

Section

Add Chapter Numbers:

 

33-27.1-1

200 and 262

 

 

33-27.1-1. Short title.

     This chapter shall be known and may be cited as "The Revised Uniform Fiduciary Access

to Digital Assets Act.".


 

 

 

314)

Section

Add Chapter Numbers:

 

33-27.1-2

200 and 262

 

 

33-27.1-2. Definitions.

     For the purposes of this chapter:

     (1) "Account" means an arrangement under a terms-of-service agreement in which a

custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides

goods or services to the user.

     (2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable

power of attorney.

     (3) "Carries" means engages in the transmission of an electronic communication.

     (4) "Catalogue of electronic communications" means information that identifies each

person with which a user has had an electronic communication,; the time and date of the

communication; and the electronic address of the person.

     (5) "Conservator" means a person appointed by a court to administer the property of a

living individual pursuant to chapter 15 of title 33. The term includes a limited conservator.

     (6) "Content of an electronic communication" means information concerning the

substance or meaning of the communication which that:

     (i) Has been sent or received by a user;

     (ii) Is in electronic storage by a custodian providing an electronic communication service

to the public or is carried or maintained by a custodian providing a remote computing service to

the public; and

     (iii) Is not readily accessible to the public.

     (7) "Court" means a court of competent jurisdiction, including the probate court and the

superior court.

     (8) "Custodian" means a person who or that carries, maintains, processes, receives, or

stores a digital asset of a user.

     (9) "Designated recipient" means a person chosen by a user using an online tool to

administer digital assets of the user.

     (10) "Digital asset" means an electronic record in which an individual has a right or

interest. The term does not include an underlying asset or liability unless the asset or liability is

itself an electronic record.

     (11) "Electronic" means relating to technology having electrical, digital, magnetic

wireless, optical, electromagnetic, or similar capabilities.

     (12) "Electronic communication" has the meaning set forth in 18 U.S.C. � 2510 et seq., as

amended.

     (13) "Electronic communication service" means a custodian who or that provides to a

user the ability to send or receive an electronic communication.

     (14) "Fiduciary" means an original, additional, or successor personal representative,

guardian, conservator, agent, or trustee.

     (15) "Guardian" means a person appointed by the court to make decisions regarding the

estate of a living individual, including a person appointed pursuant to chapter 15 of title 33. The

term includes a limited guardian.

     (16) "Information" means data, text, images, videos, sounds, codes, computer programs,

software, databases, or the like.

     (17) "Online tool" means an electronic service provided by a custodian that allows the

user, in an agreement distinct from the terms-of-service agreement between the custodian and

user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

     (18) "Person" means an individual, estate, partnership, association, trust, business or

nonprofit entity, public corporation, government or governmental subdivision, agency, or

instrumentality, or other legal entity.

     (19) "Personal representative" means an executor, administrator, special administrator, or

person who or that performs substantially the same function under law of this state other than this

chapter.

     (20) "Power of attorney" means a record that grants an agent authority to act in the place

of a principal.

     (21) "Principal" means an individual who grants authority to an agent in a power of

attorney.

     (22) "Protected person" means an individual for whom a guardian or conservator has

been appointed pursuant to chapter 15 title 33.

     (23) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form.

     (24) "Remote computing service" means a custodian that provides to a user computer-

processing services or the storage of digital assets by means of an electronic communications

system, as defined in 18 U.S.C. � 2510 et seq., as amended.

     (25) "Terms-of-service agreement" means an agreement that controls the relationship

between a user and a custodian.

     (26) "Trustee" means a fiduciary with legal title to property under an agreement or

declaration that creates a beneficial interest in another. The term includes a successor trustee.

     (27) "User" means a person that has an account with a custodian.

     (28) "Will" includes a codicil, a testamentary instrument that only appoints an executor,

and an instrument that revokes or revises a testamentary instrument.


 

 

 

315)

Section

Add Chapter Numbers:

 

33-27.1-3

200 and 262

 

 

33-27.1-3. Applicability.

     (a) This chapter applies to:

     (1) A fiduciary acting under a will or power of attorney executed before, on, or after the

effective date of this chapter:

     (2) A personal representative acting for a decedent who died before, on, or after the

effective date of this chapter.

     (3) A guardian or conservator appointed before, on, or after the effective date of this

chapter; and

     (4) A trustee acting under a trust created before, on, or after the effective date of this

chapter.

     (b) This chapter applies to a custodian if the user resides in this state or resided in this

state at the time of the user's death.

     (c) This chapter does not apply to a digital asset of an employer used by an employee in

the ordinary course of the employer's business.


 

 

 

 

316)

Section

Add Chapter Numbers:

 

33-27.1-4

200 and 262

 

 

33-27.1-4. User direction for disclosure of digital assets.

     (a) A user may use an online tool to direct the custodian to disclose to a designated

recipient or not disclose some or all of the user's digital assets, including the content of electronic

communications. If the online tool allows the user to modify or delete a direction at all times, a

direction regarding disclosure using an online tool overrides a contrary direction by the user in a

will, trust, power of attorney, or other record.

     (b) If a user has not used an online tool to give direction under subsection (a) of this

section or if the custodian has not provided an online tool, the user may allow or prohibit in a

will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's

digital assets, including the content of electronic communications sent or received by the user.

     (c) A user's direction under subsection (a) or (b) of this section overrides a contrary

provision in a terms-of-service agreement that does not require the user to act affirmatively and

distinctly from the user's assent to the terms of service.


 

 

 

 

 

 

 

 

317)

Section

Add Chapter Numbers:

 

33-27.1-5

200 and 262

 

 

33-27.1-5. Terms-of-service agreement.

     (a) This chapter does not change or impair a right of a custodian or a user under a

terms�of-service agreement to access and use digital assets of the user.

     (b) This chapter does not give a fiduciary or designated recipient any new or expanded

rights other than those held by the user for whom, or for whose estate, the fiduciary or designated

recipient acts or represents.

     (c) A fiduciary's or designated recipient's access to digital assets may be modified or

eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not

provided direction under � 33-27.1-4.


 

 

 

318)

Section

Add Chapter Numbers:

 

33-27.1-6

200 and 262

 

 

33-27.1-6. Procedure for disclosing digital assets.

     (a) When disclosing digital assets of a user pursuant to one or more of �� 33-27.1-7

through 33-27.1-15, the custodian may at its sole discretion:

     (l) Grant a fiduciary or designated recipient full access to the user's account;

     (2) Grant a fiduciary or designated recipient partial access to the user's account sufficient

to perform the tasks with which the fiduciary or designated recipient is charged; or

     (3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that

on the date the custodian received the request for disclosure, the user could have accessed if the

user were alive and had full capacity and access to the account.

     (b) A custodian may assess a reasonable administrative charge for the cost of disclosing

digital assets under this chapter.

     (c) A custodian need not disclose under this chapter a digital asset deleted by a user.

     (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter

some, but not all, of the user's digital assets, the custodian need not disclose the assets if

segregation of the assets would impose an undue burden on the custodian. If the custodian

believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an

order from the court to disclose:

     (1) A subset limited by date of the user's digital assets;

     (2) All of the user's digital assets to the fiduciary or designated recipient;

     (3) None of the user's digital assets; or

     (4) All of the user's digital assets to the court for review in camera.


 

 

 

319)

Section

Add Chapter Numbers:

 

33-27.1-7

200 and 262

 

 

33-27.1-7. Disclosure of content of electronic communications of deceased user.

     If a deceased user consented or a court directs disclosure of the contents of electronic

communications of the user, the custodian shall disclose to the personal representative of the

estate of the user the content of an electronic communication sent or received by the user if the

representative gives the custodian:

     (1) A written request for disclosure in physical or electronic form;

     (2) A certified copy of the death certificate of the user;

     (3) A certified copy of the letter of appointment of the representative or a small estate

affidavit or court order;

     (4) Unless the user provided direction using an online tool, a copy of the user's will, trust,

power of attorney, or other record evidencing the user's consent to disclosure of the content of

electronic communications;

     (5) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the user's account;

     (6) Evidence linking the account to the user;

     (7) A finding by the court that disclosure of the content of electronic communications of

the user is reasonably necessary for the administration of the estate; and

     (8) If requested by the custodian, a finding by the court that:

     (i) The user had a specific account with the custodian, identifiable by the information

specified in subsection (5) of this section:;

     (ii) Disclosure of the content of electronic communications of the user would not violate

18 U.S.C. Section 2701, et seq., as amended, 47 U.S.C. Section 222, et seq., as amended, or other

applicable law; or

     (iii) Unless the user provided direction using an online tool, the user consented to

disclosure of the content of electronic communications.


 

 

 

320)

Section

Add Chapter Numbers:

 

33-27.1-8

200 and 262

 

 

33-27.1-8. Disclosure of other digital assets of deceased user.

     Unless the user prohibited disclosure of digital assets or the court directs otherwise, a

custodian shall disclose to the personal representative of the estate of a deceased user a catalogue

of electronic communications sent or received by the user and digital assets, other than the

content of electronic communications of the user, if the representative gives the custodian:

     (1) A written request for disclosure in physical or electronic form;

     (2) A certified copy of the death certificate of the user;

     (3) A certified copy of the letter of appointment of the representative or a small estate

affidavit or court order; and

     (4) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the user's account;

     (5) Evidence linking the account to the user;

     (6) A finding by the court that disclosure of the user's digital assets is reasonably

necessary for administration of the estate; and

     (7) If requested by the custodian, a finding by the court that the user had a specific

account with the custodian, identifiable by the information specified in subsection (4) of this

section.


 

 

 

321)

Section

Add Chapter Numbers:

 

33-27.1-9

200 and 262

 

 

33-27.1-9. Disclosure of content of electronic communications of principal.

     To the extent a power of attorney expressly grants an agent authority over the content of

electronic communications sent or received by the principal and unless directed otherwise by the

principal or the court, a custodian shall disclose to the agent the content if the agent gives the

custodian:

     (1) A written request for disclosure in physical or electronic form;

     (2) An original or copy of the power of attorney expressly granting the agent authority

over the content of electronic communications of the principal;

     (3) A certification by the agent, under penalty of perjury, that the power of attorney is in

effect;

      (4) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the principal's account; and

     (5) Evidence linking the account to the principal.


 

 

 

322)

Section

Add Chapter Numbers:

 

33-27.1-10

200 and 262

 

 

33-27.1-10. Disclosure of other digital assets of principal.

     Unless otherwise ordered by the court, directed by the principal, or provided by a power

of attorney, a custodian shall disclose to an agent with specific authority over digital assets or

general authority to act on behalf of a principal a catalogue of electronic communications sent or

received by the principal and digital assets, other than the content of electronic communications,

of the principal if the agent gives the custodian:

     (1) A written request for disclosure in physical or electronic form;

     (2) An original or a copy of the power of attorney that gives the agent specific authority

over digital assets or general authority to act on behalf of the principal;

     (3) A certification by the agent, under penalty of perjury, that the power of attorney is in

effect; and

���� (4) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the principal's account; and

     (5) Evidence linking the account to the principal.


 

 

 

323)

Section

Add Chapter Numbers:

 

33-27.1-11

200 and 262

 

 

33-27.1-11. Disclosure of digital assets held in trust when trustee is original user.

     Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to

a trustee who or that is an original user of an account any digital asset of the account held in trust,

including a catalogue of electronic communications of the trustee and the content of electronic

communications.


 

 

 

324)

Section

Add Chapter Numbers:

 

33-27.1-12

200 and 262

 

 

33-27.1-12. Disclosure of content of electronic communications held in trust when

trustee is not original user.

     Unless otherwise ordered by the court, directed by the user, or provided in a trust, a

custodian shall disclose to a trustee who or that is not an original user of an account the content

of an electronic communication sent or received by an original or successor user and carried,

maintained, processed, received, or stored by the custodian in the account of the trust if the

trustee gives the custodian:

     (1) A written request for disclosure in physical or electronic form;

     (2) A certified copy of the trust instrument that includes consent to disclosure of the

content of electronic communications to the trustee;

     (3) An affidavit or memorandum by the trustee, under penalty of perjury, pursuant to �

34-4-27, that the trust exists and the trustee is a currently acting trustee of the trust; assigned by

the custodian to identify the trust's account;

     (4) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the trust's account; and

     (5) Evidence linking the account to the trust.


 

 

 

325)

Section

Add Chapter Numbers:

 

33-27.1-13

200 and 262

 

 

33-27.1-13. Disclosure of other digital assets held in trust when trustee is not original

user.

     Unless otherwise ordered by the court, directed by the user, or provided in a trust, a

custodian shall disclose, to a trustee who or that is not an original user of an account, a catalogue

of electronic communications sent or received by an original or successor user and stored, carried,

or maintained by the custodian in an account of the trust and any digital assets, other than the

content of electronic communications, in which the trust has a right or interest if the trustee gives

the custodian:

     (1) A written request for disclosure in physical or electronic form;

     (2) A certified copy of the trust instrument;

     (3) An affidavit or memorandum by the trustee, under penalty of perjury, pursuant to �

34-4-27, that the trust exists and the trustee is a currently acting trustee of the trust;

     (4) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the trust's account; and

     (5) Evidence linking the account to the trust.


 

 

 

326)

Section

Add Chapter Numbers:

 

33-27.1-14

200 and 262

 

 

33-27.1-14. Disclosure of digital assets to guardian or conservator of protected

person.

     (a) After an opportunity for a hearing under chapter 15 of title 33, the court may grant a

guardian or conservator access to the digital assets of a protected person.

     (b) Unless otherwise ordered by the court or directed by the user, a custodian shall

disclose to a guardian or conservator the catalogue of electronic communications sent or received

by a protected person and any digital assets, other than the content of electronic communications,

in which the protected person has a right or interest if the guardian or conservator gives the

custodian:

     (1) A written request for disclosure in physical or electronic form;

     (2) A certified copy of the court order that gives the guardian or conservator authority

over the digital assets of the protected person; and

     (3) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the account of the protected person;

     (4) Evidence linking the account to the protected person; and

     (5) A finding by the court that disclosure of the digital assets of the user is reasonably

necessary for the performance of the duties of the guardian or conservator.

     (c) A guardian or conservator with general authority to manage the assets of a protected

person may request a custodian of the digital assets of the protected person to suspend or

terminate an account of the protected person for good cause. A request made under this section

must be accompanied by a certified copy of the court order giving the guardian or conservator

authority over the protected person's property.


 

 

 

 

 

327)

Section

Add Chapter Numbers:

 

33-27.1-15

200 and 262

 

 

33-27.1-15. Fiduciary duty and authority.

     (a) The legal duties imposed on a fiduciary charged with managing tangible property

apply to the management of digital assets, including:

     (1) The duty of care;

     (2) The duty of loyalty; and

     (3) The duty of confidentiality.

     (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a

user:

     (1) Except as otherwise provided in � 33-27.1-4., is subject to the applicable terms of

service;

     (2) Is subject to other applicable law, including copyright law;

     (3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

     (4) May not be used to impersonate the user.

     (c) A fiduciary with authority over the property of a decedent, protected person, principal,

or settlor has the right to access any digital asset in which the decedent, protected person,

principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-

of-service agreement.

     (d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of

the property of the decedent, protected person, principal, or settlor for the purpose of applicable

computer fraud and unauthorized computer access laws, including chapter 52 of title 11.

     (e) A fiduciary with authority over the tangible, personal property of a decedent,

protected person, principal, or settlor.:

     (1) Has the right to access the property and any digital asset stored in it; and

     (2) Is an authorized user for the purpose of computer fraud and unauthorized computer

access laws, including chapter 52 of title 11.

     (f) A custodian may disclose information in an account to a fiduciary of the user when the

information is required to terminate an account used to access digital assets licensed to the user.

     (g) A fiduciary of a user may request a custodian to terminate the user's account. A

request for termination must be in writing, in either physical or electronic form, and accompanied

by:

     (1) If the user is deceased, a certified copy of the death certificate of the user;

     (2) A certified copy of the letter of appointment of the representative or a small estate

affidavit, court order, power of attorney, or trust giving the fiduciary authority over the account;

     (3) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the user's account;

     (4) Evidence linking the account to the user; and

     (5) If the user is a decedent or protected person:

     (i) A finding by the court that termination of the account is reasonably necessary for the

administration of the estate of a decedent or the performance of the duties of the conservator or

guardian; and

     (ii) If requested by the custodian, a finding by the court that the user had a specific

account with the custodian, identifiable by the information specified in subsection (g)(3) of this

section.

     (h) This chapter does not affect any right or remedy of a protected person, a principal, a

beneficiary or an estate against a guardian or conservator, an agent, a trustee, or a personal

representative, respectively, for any violation of this chapter by such fiduciary.


 

 

 

328)

Section

Add Chapter Numbers:

 

33-27.1-16

200 and 262

 

 

33-27.1-16. Custodian compliance and immunity.

     (a) Not later than sixty (60) days after receipt of the information required under �� 33-

27.1-7 through 33-27.1-15, a custodian shall comply with a request under this chapter from a

fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian

fails to comply, the fiduciary or designated recipient may apply to the court for an order directing

compliance.

     (b) An order under subsection (a) of this section directing compliance must contain a

finding that compliance is not in violation of 18 U.S.C. Section 2702, et seq., as amended.

     (c) Wherever practicable, a custodian shall notify the user or the user's account that a

request for disclosure or to terminate an account was made under this chapter.

     (d) A custodian may deny a request under this chapter from a fiduciary or designated

recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any

lawful access to the account following the receipt of the fiduciary's request.

     (e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or

designated recipient requesting disclosure or termination under this chapter to obtain a court order

which:

     (1) Specifies that an account belongs to the protected person or principal;

     (2) Specifies that there is sufficient consent from the protected person or principal to

support the requested disclosure; and

     (3) Contains a finding required by law other than this chapter.

     (f) A custodian and its officers, employees, and agents are immune from liability for an

act or omission done in good faith in compliance with this chapter, the Electronic

Communications Privacy Act, 18 U.S.C. � 2701 et seq., and all applicable state and federal laws.


 

 

 

329)

Section

Add Chapter Numbers:

 

33-27.1-17

200 and 262

 

 

33-27.1-17. Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.


 

 

 

330)

Section

Add Chapter Numbers:

 

33-27.1-18

200 and 262

 

 

33-27.1-18. Relation to  Electronic Signatures in Global and  National Commerce Act.

     This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act. 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede

15 U.S.C. Section 700l(c), or authorize electronic delivery of any of the notices described in 15

U.S.C. Section 7003(b).


 

 

 

331)

Section

Add Chapter Numbers:

 

33-27.1-19

200 and 262

 

 

33-27.1-19. Severability.

     If any provision of this chapter or its application to any person or circumstance is held

invalid, the invalidity does not affect other provisions or applications of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.


 

 

 

332)

Section

Amend Chapter Numbers:

 

34-36.1-3.18

285 and 309

 

 

34-36.1-3.18. Association records.

     The association shall keep financial records sufficiently detailed to enable the association

to comply with � 34-36.1-4.09. All financial and other records shall be made reasonably available

for examination within thirty (30) days of a request by any unit owner and his or her authorized

agent.


 

 

 

333)

Section

Amend Chapter Numbers:

 

34-36.1-4.09

39 and 48

 

 

34-36.1-4.09. Resale of units.

     (a) Except in the case of a sale where delivery of a public offering statement is required,

or unless exempt under � 34-36.1-4.01(b), a unit owner shall furnish to a purchaser before

execution of any contract for sale of a unit, or otherwise before conveyance, a copy of the

declaration (other than the plats and plans), the bylaws, the rules or regulations of the association,

and a certificate containing:

     (1) A statement disclosing the effect on the proposed disposition of any right of first

refusal or other restraint on the free alienability of the unit;

     (2) A statement setting forth the amount of the monthly common expense assessment and

any unpaid common expense or special assessment currently due and payable from the selling

unit owner;

     (3) A statement of any other fees payable by unit owners;

     (4) A statement of any capital expenditures anticipated by the association for the current

and two (2) next succeeding fiscal years;

     (5) A statement of the amount of any reserves for capital expenditures and of any

portions of those reserves designated by the association for any specified projects;

     (6) The most recent regularly prepared balance sheet and income and expense statement,

if any, of the association;

     (7) The current operating budget of the association;

     (8) A statement of any unsatisfied judgments against the association and the status of any

pending suits in which the association is a defendant;

     (9) A statement describing any insurance coverage provided for the benefit of unit

owners;

     (10) A statement as to whether the executive board has knowledge that any alterations or

improvements to the unit or to the limited common elements assigned thereto violate any

provision of the declaration;

     (11) A statement as to whether the executive board has knowledge of any violations of

the health or building codes with respect to the unit, the limited common elements assigned

thereto, or any other portion of the condominium; and

     (12) A statement of the remaining term of any leasehold estate affecting the

condominium and the provisions governing any extension or renewal thereof.

     (b)(i) The association, within ten (10) days after a request by a unit owner, shall furnish a

certificate containing the information necessary to enable the unit owner to comply with this

section.

     (ii) In addition to those remedies as set forth in � 34-36.1-4.17, any association that fails

to provide a certificate to the unit owner within ten (10) days of a written request by the unit

owner is subject to a civil penalty of not less than one hundred dollars ($100) nor more than five

hundred dollars ($500) per occurrence.

     (iii) A unit owner providing a certificate pursuant to subsection (a) is not liable to the

purchaser for any erroneous information provided by the association and included in the

certificate.

      (c) A purchaser is not liable for any unpaid assessment or fee greater than the amount set

forth in the certificate prepared by the association. A unit owner is not liable to a purchaser for

the failure or delay of the association to provide the certificate in a timely manner, but the

purchaser contract is voidable by the purchaser until the certificate has been provided and for five

(5) days thereafter or until conveyance, whichever first occurs.


 

 

 

334)

Section

Amend Chapter Numbers:

 

36-3-5

88 (article 3), 40, and 53

 

 

36-3-5. Powers and duties of the administrator.

     In addition to the duties imposed upon the personnel administrator elsewhere in the law

and the personnel rules, it shall be the duty of the personnel administrator:

     (1) As executive head of the division of personnel administration, to direct, supervise,

develop, and authorize all personnel-related administrative and technical activities including

personnel administration and personnel management.

     (2) To prepare and recommend to the director of administration such rules as are deemed

necessary to carry out the provisions of the law.

     (3) To supervise the operation of the classification plan and to recommend to the director

amendments and additions thereto.

     (4) To supervise the operation of the pay plan and to recommend to the director

amendments and additions thereto.

     (5) To establish and supervise the maintenance of employment lists, promotion lists, and

reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for

compliance with the statutes and policies, and make available to state agencies qualified

candidates as vacancies occur; direct and supervise equal opportunity programs; manage

employee benefit plans, including the coordination of health insurance, prescription/vision care,

group life insurance, dental care, prepaid legal services, deferred compensation and cancer

programs, and any other programs established by the legislature related to employee benefits; and

to manage career awards programs and state and local enforcement firefighters incentive training

programs.

     (6) To perform any other lawful act which he or she may consider necessary or desirable

to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules

and to conduct innovative demonstration projects to improve state personnel management.

     (7) The personnel administrator is authorized and empowered to revise state job

descriptions to ensure the use of appropriate disability language, as required by � 43-3-7.1.

 

 

 36-3-5. Powers and duties of the administrator.

 

 

  (7) To facilitate and/or coordinate state and national background checks for applicants

and/or employees in state positions with access to federal tax information, as defined in � 36-3-

16(a)(6).


 

 

 

335)

Section

Amend Chapter Numbers:

 

36-4-31

173 and 266

 

 

36-4-31. Temporary appointment when no list available.

     (a) Whenever it is not possible to certify the required number of eligible persons for

appointment to a vacancy in the classified service because no appropriate list exists, the

appointing authority may nominate a person to the personnel administrator and if the nominee is

found by the personnel administrator to have had experience and education which that appear to

qualify him or her for the position and meets such other requirements as are established by this

chapter and the personnel rules, he or she may be temporarily appointed to fill the vacancy. All

persons with temporary status who have been or who shall be temporarily appointed to those

vacancies shall serve at the pleasure of the appointing authority or until removed in accordance

with other provisions of this chapter. The personnel administrator shall within one year of the

appointment of the temporary appointee establish an appropriate list. In the event the personnel

administrator has failed or fails to establish an appropriate list within one year of a temporary

appointment, the temporary employee shall become a provisional employee until a suitable list is

established, at which time the appropriate merit system laws, rules, and regulations shall apply.

     (1) Whenever any provisional employee, who is serving in a competitive branch position

within the classified service, completes five (5) consecutive years of satisfactory service, and the

personnel administrator has failed to establish a timely appropriate list, as required by subsection

(a) of this section during that time, that provisional employee shall be deemed to have qualified

for their his or her position and shall be awarded permanent status, without the need of

examination.

     (2) When an appropriate list is established for a position held by a temporary or

provisional appointee, the position shall be deemed to be vacant for the purposes of certification

and appointment, and no salary or other compensation shall be paid to any temporary or

provisional appointee for services in the position for more than fifteen (15) days after certification

of at least three (3) available eligibles from the appropriate list.

     (b) Any employee who holds temporary or provisional status for at least twelve (12)

consecutive months in the class in which he or she is serving and who takes the appropriate

examination for the position shall receive in addition to his or her test score five (5) additional

points for each year of state service, which shall be added to his or her test score,; provided,

however, that in no case shall an employee receive credit for more than four (4) years of service.

An employee who holds temporary provisional status for at least twelve (12) consecutive months

in the class in which he or she is serving and is found to be reachable for certification to the

position he or she holds shall be appointed to the position unless the appointing authority certifies

to the personnel administrator that the individual's service has been unsatisfactory.


 

 

 

 336)

Section

Amend Chapter Numbers:

 

36-6-17

95 and 146

 

 

36-6-17. Deductions for union dues.

     (a) Upon request written authorization of any state employee who is a member of any

bona fide labor union or who voluntarily elects to pay dues or fees to a union, the state controller

shall deduct from the employee's salary his or her dues as a member or fees and shall remit,

together with a list by departments of the members or fee payers whose dues payments have been

deducted, the amounts so deducted, to the treasurer of the labor union, designated by the

employee in the request; provided, however, that where a labor union has been certified

recognized as the sole and exclusive bargaining representative for an appropriate unit, only the

dues or fees for the sole and exclusive bargaining representative shall be deducted. The state

controller shall make dues or fee deductions, on an on-going ongoing basis, unless the employee

files a written notice requesting termination of such the payments, with the exclusive bargaining

representative.

     (b) In the case of an employee employed in an area where there is no certified exclusive

bargaining organization, the request for dues deductions or fees to a bona fide labor union shall

be voluntary and shall take effect thirty (30) days after presentation., The deduction shall be taken

out according to appropriate payroll period and termination of the deduction shall be by sixty (60)

days' written notice in advance or upon termination of employment; provided, however, that if the

employer and the selected sole and exclusive bargaining representative have reached an

agreement requiring membership in the union as a condition of employment regarding the

payment of dues or fees or the employee on a voluntary basis elects to pay dues or fees, then the

state controller shall make dues or fee deductions on an on-going ongoing basis, in accordance

with contract provisions or applicable laws with the same being irrevocable until the expiration of

the agreement between the employer and the exclusive bargaining representative unless the

employee files a written notice requesting termination of such the payments with the exclusive

bargaining representative.


 

 

 

337)

Section

Amend Chapter Numbers:

 

36-9-20

171 and 266

 

 

36-9-20. Credit for service as a teacher, municipal employee, or legislator.

     (a) Any state employee who shall have rendered service as a teacher as defined under the

provisions of chapters 16 and 17 of title 16 shall be entitled to credit for that service for the

various purposes of this system, provided the member shall have been a contributing member of

this system for that period. Any state employee who shall have been a contributing member of the

municipal system as defined under the provisions of chapter 21 of title 45 shall be given credit for

that service for the various purposes of this system, provided the member's contributions are

transferred to this system. All contributions made by the member shall be transferred in toto to

this system for the periods of service and the retirement system shall calculate the full actuarial

value of the accrued benefit with the former employer. If the full actuarial value of the accrued

benefit with the former employer is greater than the total employee contributions transferred, the

retirement system shall also transfer the difference between the full actuarial value of the accrued

benefit with the former employer and the employee's contributions from the account of the former

employer to the account of the current employer. In any case in which a member shall have

received a refund or refunds of contributions made to the system, the allowance of the aforesaid

credit for service shall be conditioned upon the payment of the full actuarial cost as defined in

subsection  36-8-1(10). Any service as defined herein for which no contributions were made

may be granted provided the member pays to the retirement system the full actuarial cost as

defined in � 36-8-1(10). Any state employee or teacher as defined under the provisions of

chapters 16 and 17 of title 16 who shall have been employed by a municipality which that did not

elect to accept chapter 21 of title 45 as provided in � 45-21-4 shall be given credit for that service

for the various purposes of this system, provided that the employee shall have met the definitional

requirements of "employee" as stated in � 45-21-2(7) and provided the member pays to the

retirement system an amount equal to the full actuarial value of the credit as certified by the

retirement board; provided, however, that any state employee who shall have been employed by a

municipality which that did not elect to accept chapter 21 of title 45 as provided in � 45-21-4

shall be given credit for that service for the various purposes of this system, to a maximum period

of four (4) years, provided the member pays to the retirement system the full actuarial cost as

defined in subsection 36-8-1(10). Nothing in this section shall be deemed to allow the purchase of

four (4) years of service for credit in more than one retirement system.

     (b) Any member who shall have rendered service both as a state employee under � 36-10-

9, and service under � 36-10-9.2(a), shall be eligible to elect to combine the member's service

under � 36-10-9.2(a) and service under � 36-10-9 to determine the member's retirement eligibility

date under � 36-10-9. For any member making this election, the member will receive a single

benefit equal to the accrued benefit computed under � 36-10-10.2, plus the accrued benefit

computed under � 36-10-10.

     (b)(c) The retirement board shall fix and determine rules and regulations to govern the

provisions of this section.


 

 

 

338)

Section

Amend Chapter Numbers:

 

36-10-1.1

205 and 271

 

 

36-10-1.1. Department payment of member contributions.

     (a) Each department, pursuant to the provisions of � 414(h)(2) of the United States

Internal Revenue Code, 26 U.S.C. � 414(h)(2), shall pick up and pay the contributions which

that would be payable by the employees as members under �� 36-10-1, 8-3-16, 8-8-10.1, 8-8.2-7,

28-30-18.1, and 42-28-22.1. The contributions so picked up shall be treated as employer

contributions in determining tax treatment under the United States Internal Revenue Code; and

shall not be included as gross income of the employee until such time as they are distributed.

Employee contributions which that are picked up pursuant to this section shall be treated and

identified as member contributions for all purposes of the retirement system except as specifically

provided to the contrary in this section.

     (b) Member contributions picked up by a department shall be paid from the same source

of funds used for the payment of compensation to a member. A deduction shall be made from a

member's compensation equal to the amount of his or her contributions picked up by his or her

departmental employer. This deduction, however, shall not reduce his or her compensation for

purposes of computing benefits under the applicable retirement system. Picked up contributions

shall be transmitted to the retirement system in accordance with the provisions of � 36-10-1, on

the date contributions are withheld but no later than three (3) business days following the pay

period ending in which contributions were withheld.

     (c) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.


 

 

 

339)

Section

Amend Chapter Numbers:

 

36-10-2

205 and 271

 

 

8-8-10.2. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by � 8-8-10.1 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which that

will pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after

December 31, 1989. The rate percent shall be computed and certified in accordance with the

procedures set forth in � 36-8-13 and � 36-10-2 under rules and regulations promulgated by the

retirement board pursuant to � 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.


 

 

 

340)

Section

Amend Chapter Numbers:

 

36-10-9.2

171 and 233

 

 

36-10-9.2. Retirement on service allowance -- Correctional officers.

     (a) This section shall apply to the retirement of members employed as assistant director

(adult services), assistant deputy director, chief of inspection, and associate directors, correctional

officer, chief of security, work rehabilitation program supervisor, supervisor of custodial records

and reports, and classification counselor within the department of corrections.

     (b)(i)(1) Any member who has attained the age of fifty (50) years may be retired

subsequent to the proper execution and filing of a written application; provided, however, that the

member shall have completed twenty (20) years of total service within the department of

corrections and who retires before October 1, 2009, or is eligible to retire as of September 30,

2009.

     (ii)(2) For members who become eligible to retire on or after October 1, 2009, benefits

are available to members who have attained the age of fifty-five (55) and have completed at least

twenty-five (25) years of total contributory service within the department of corrections. For

members in service as of October 1, 2009, who were not eligible to retire as of September 30,

2009 but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of

fifty-five (55) will be adjusted downward in proportion to the amount of service the member has

earned as of September 30, 2009. The proportional formula shall work as follows:

     (1)(i) The formula shall determine the first age of retirement eligibility under the laws in

effect on September 30, 2009, which shall then be subtracted from the minimum retirement age

of fifty-five (55).

     (2)(ii) The formula shall then take the member's total service credit as of September 30,

2009 as the numerator and the years of service credit determined under (1) as the denominator.

     (3)(iii) The fraction determined in (2) shall then be multiplied by the age difference

determined in (1) to apply a reduction in years from age fifty-five (55).

     (c) Any member with contributory service on or after July 1, 2012, who has completed at

least five (5) years of contributory service but who has not completed twenty-five (25) years of

contributory service, shall be eligible to retire upon the attainment of the member's Social

Security retirement age or, notwithstanding any other provisions, effective July 1, 2015, members

in active service shall be eligible to retire upon the earlier of:

     (1) The attainment of at least age sixty-five (65) and the completion of at least thirty (30)

years of total service, or the attainment of at least age sixty-four (64) and the completion on at

least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the

completion on at least thirty-two (32) years of total service, or the attainment of at least age sixty-

two (62) and the completion on at least thirty-three (33) years of total service; or

     (2) The member's retirement eligibility date under � 36-10-9(c)(ii) 36-10-9(1)(c)(ii).

     (d) Any member who shall have rendered service both as a state employee under � 36-10-

9, and service under � 36-10-9.2(a), shall be eligible to elect to combine the member's service

under � 36-10-9.2(a) and service under � 36-10-9 to determine the member's retirement eligibility

date under � 36-10-9. For any member making this election, the member will receive a single

benefit equal to the accrued benefit computed under � 36-10-10.2, plus the accrued benefit

computed under � 36-10-10.

     (e) The provisions of subsection (d) shall also apply to members who have retired on a

service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in

writing to the retirement board and shall apply prospectively from the date the request is received

by the retirement board.


 

 

 

341)

Section

Amend Chapter Numbers:

 

36-10-10.2

171 and 233

 

 

36-10-10.2. Amount of service retirement allowance -- Correctional officers.

     (a) Upon retirement for service under � 36-10-9.2, a member with twenty-five (25) or

more years of service as of June 30, 2012, shall receive a retirement allowance of an amount

determined under (i) below. All other members shall receive a retirement allowance of an amount

equal to the sum of (i) below for service prior to July 1, 2012, plus (ii) below for service on and

after July 1, 2012.

     (i) Two percent (2%) of his or her average compensation multiplied by his or her first

thirty (30) years of total service within the department of corrections; any and all years of

remaining service shall be issued to the member at a retirement allowance of an amount equal to

his or her average compensation multiplied by the percentage allowance determined in

accordance with Schedule A below:

Schedule A

     Years of Service Percentage Allowance

     1 through 30 inclusive 2%

     31st 6%

     32nd 5%

     33rd 4%

     34th 3%

     35th 2%

     (ii) On and after July 1, 2012, two percent (2%) of his or her average compensation

multiplied by his or her first thirty (30) years of total service within the department of corrections,

and three percent (3%) of his or her average compensation multiplied by the member's thirty-first

(31st) through thirty-fifth (35th) years of service.

     (b) A member who has rendered service as a state employee under � 36-10-9 shall be

eligible to combine the accrued benefit under � 36-10-10 as a state employee with the accrued

benefit under this section, provided the member has first obtained eligibility under �� 36-10-

9.2(a), (b)(i)(b)(1), or (b)(ii)(b)(2). The accrual under � 36-10-10 will be added in the year in

which service was rendered consistent with the schedules provided under � 36-10-10.

     (c) The provisions of subsection (b) shall also apply to members who have retired on a

service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in

writing to the retirement board and will only apply prospectively from the date the request is

received by the retirement board.

     (b)(d) In no case shall a retirement percentage allowance exceed the greater of the

member's retirement percentage allowance on June 30, 2012, or seventy-five percent (75%). Any

member who has in excess of thirty-five (35) years on or before July 1, 1987, shall not be entitled

to any refund. Any member with thirty-five (35) years or more on or after July 1, 1987, shall

contribute from July 1, 1987, until his or her retirement, provided, however, that any member

with thirty-eight (38) years of service prior to July 1, 1987, shall not be required to contribute.


 

 

 

342)

Section

Amend Chapter Numbers:

 

36-10.3-4

205 and 271

 

 

36-10.3-4. Member contributions.

     (1) Each regular member shall contribute to the member's individual account in the plan

an amount equal to five percent (5%) of the member's compensation from July 1 to the following

June 30.

     (2) Each public safety member not participating in Social Security under the Federal Old

Age, Survivors and Disability Income program, shall contribute to the member's individual

account an amount equal to three percent (3%) of the member's compensation from July 1 to the

following June 30.

     (3) Contributions by supplemental members shall be governed by � 36-10.3-6.

     (4) The employer shall deduct the contribution from the member's compensation at the

end of each payroll period, and shall remit such the contributions on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld, and the contribution shall be credited by the plan to the member's

individual account. The contributions shall be deducted from the member's compensation before

the computation of applicable federal taxes and shall be treated as employer contributions under

26 U.S.C. � 414(h)(2). A member shall not have the option of making the payroll deduction

directly in cash instead of having the contribution picked up by the employer.

     (5) Contributions of employees shall be made by payroll deductions. Every member shall

be considered to consent to payroll deductions. It is of no consequence that a payroll deduction

may cause the compensation paid in cash to an employee to be reduced below the minimum

required by law. Payment of an employee's compensation, less payroll deductions, is a full and

complete discharge and satisfaction of all claims and demands by the employee relating to

remuneration of services during the period covered by the payment, except with respect to the

benefits provided under the plan.

     (6) Additional voluntary member contributions may be permitted in accordance with this

section in such manner as determined in the discretion of the commission.

     (7) Every employer is required to deduct and withhold member contributions and to

transmit same to the retirement system and is hereby made liable for the contribution. In addition,

any amount of employee contributions actually deducted and withheld shall be deemed to be a

special fund in trust for the benefit of the member and shall be transmitted to the retirement

system as set forth herein.


 

 

 

343)

Section

Amend Chapter Numbers:

 

36-10.3-5

205 and 271

 

 

36-10.3-5. Employer contributions.

     (1) An employer shall contribute to each regular member's individual account the

following amounts on the date contributions are withheld but no later than three (3) business days

following the pay period ending in which contributions were withheld:

     (i) For members with fewer than ten (10) years of total service as of June 30, 2012, an

amount equal to one percent (1%) of the member's compensation at the end of each payroll period

from July 1 to the following June 30;

     (ii) For members with ten (10) or more, but fewer than fifteen (15) years of total service

as of June 30, 2012, an amount equal to one percent (1%) of the member's compensation at the

end of each payroll period from July 1, 2012 through June 30, 2015, and effective July 1, 2015,

an amount equal to one and one-quarter percent (1.25%) of the member's compensation at the end

of each payroll period; and

     (iii) For members with fifteen (15) or more, but fewer than twenty (20) years of total

service as of June 30, 2012, an amount equal to one percent (1%) of the member's compensation

at the end of each payroll period from July 1, 2012 through June 30, 2015, and effective July 1,

2015, an amount equal to one and one-half percent (1.5%) of the member's compensation at the

end of each payroll period from July 1 to the following June 30.

     (2) An employer shall contribute to the individual account of each public safety member,

not participating in Social Security under the Federal Old Age, Survivors and Disability Income

program, an amount equal to three percent (3%) of the member's compensation from July 1 to the

following June 30.

     (3) Contributions by supplemental employers shall be governed by � 36-10.3-6.


 

 

 

344)

Section

Amend Chapter Numbers:

 

36-10.3-6

205 and 271

 

 

36-10.3-6. Supplemental employer and member contributions.

     (a) A supplemental member shall contribute to the member's individual account an

amount equal to two percent (2%) of the member's compensation from July 1 to the following

June 30 in addition to the requirements of � 36-10.3-4. For such these members, a supplemental

employer shall contribute to the member's individual account an amount equal to two percent

(2%) of the member's compensation from July 1 to the following June 30 in addition to the

requirements of � 36-10.3-5.

     (b) A supplemental employer may request a different level of supplemental member

contributions and supplemental employer contributions subject to the approval of the state

investment commission.

     (c) Such The contributions shall be transmitted on the date contributions are withheld but

no later than three (3) business days following the pay period ending in which contributions were

withheld and every employer is required to deduct and withhold member supplemental

contributions and to transmit same to the retirement system and is hereby made liable for the

contribution. In addition, any amount of employee contributions actually deducted and withheld

shall be deemed to be a special fund in trust for the benefit of the member and shall be

transmitted to the retirement system as set forth herein.


 

 

 

 

 

 

 

 

345)

Section

Amend Chapter Numbers:

 

36-11-2

95 and 146

 

 

36-11-2. Discrimination because of membership in employee organization

prohibited.

     There shall be no discrimination against any state employee because the employee has

formed, joined, or chosen to be represented by any labor organization or employee organization.

Membership in any employee organization may be determined by each individual employee;

provided, however, that in areas where employees have selected an exclusive bargaining

representative organization, all nonmembers of the exclusive bargaining representative

organization shall pay to the exclusive employee organization a service charge as a contribution

toward the negotiation and administration of any collective bargaining agreement in an amount

equal to the regular biweekly membership dues of the organization, with the state controller being

hereby directed upon certification of the exclusive bargaining organization to deduct biweekly

from the employee's salary the above amount and remit the amount to the treasurer of the

exclusive bargaining organization. Supervisory employees shall not endorse any particular

employee organization or, by reason of membership in any organization, show prejudice or

discriminate toward any individual employee.

     (a) There shall be no discrimination against any state employee because the employee has

formed, joined, or chosen to be represented by any labor or employee organization.

     (b) Supervisory employees shall not endorse any particular labor or employee

organization or by reason of membership in any organization, show prejudice or discriminate

against any individual employee.

     (c) Membership in any labor or employee organization may be determined by each

individual employee and each individual member. Membership dues or fees are established in

amounts as determined by the organization.

     (d) The state controller shall hereby be directed, upon certification of the exclusive

bargaining organization, to deduct biweekly membership dues from the employee's salary and

remit the amount to the treasurer of the exclusive bargaining organization.

     (e) Any employees in the bargaining unit, who are not members of the exclusive

bargaining representative organization, may be required by the labor or employee organization to

pay a reasonable charge for grievances and/or arbitrations brought at the nonmember�s request.

     (f) The employer shall notify the exclusive bargaining unit representative organization of

the hiring of any employee in the bargaining unit. Said The notice shall be given promptly after

the hiring decision is made but in no event later than the fifth business day following the

employee's start date.


 

 

 

346)

Section

Amend Chapter Numbers:

 

36-14-16

220 and 229

 

 

36-14-16. Financial statement to be filed.

     (a) On or before the last Friday in April of each year, the following officials and

employees subject to this code of ethics shall file with the commission a financial statement

complying with the requirements of this chapter.:

     (1) All state elected officials;

     (2) All state-appointed officials;

     (3) All state-appointed officials and employees who hold a major decision-making

position in a state agency;

     (4) All municipal elected officials; and

     (5) All municipal-appointed officials whose official duties and responsibilities include

exercising decision-making authority over the expenditure of more than fifty thousand dollars

($50,000) in public funds in any fiscal or calendar year, and expressly including solicitors and

assistant solicitors, police chiefs, fire chiefs, superintendents of schools, principals,

superintendents and administrators of charter schools, board members of charter schools,

principals, superintendents and administrators of state schools, board members of state schools,

building inspectors, members of planning boards, zoning boards, licensing boards and tax appeal

boards. This subsection shall also include all municipal-appointed officials whose official duties

and responsibilities include nominating, appointing, or hiring any persons that who will receive

compensation of more than fifty thousand dollars ($50,000) in public funds in any fiscal or

calendar year.

     (b) In the case of state- and municipal-appointed officials on and after January 1, 1988,

the appointee shall file the financial statement within thirty (30) days after the date of his or her

appointment or the date he or she qualifies for the office; provided, however, that in the case of

the appointment of officials that who require senate confirmation, the appointee shall file the

financial statement with the appropriate senate committee prior to the institution of those

confirmation proceedings.

     (c) Within thirty (30) days after the filing deadline, or within thirty (30) days after filing a

notice of organization or compliance with � 17-25-8, every person who is a candidate for an

office as an elected officer, except those candidates for moderator and clerk of a voting district of

the cities and towns, shall file the financial statement as required by this chapter. Filings of

candidates for general office shall include information as required in subdivision  36-14-

17(b)(2). The commission shall grant an extension for good cause shown of not more than fifteen

(15) days, provided a request for the extension is received prior to the filing deadline for the

financial statement.

     (d) Except as otherwise provided in this chapter, at least thirty (30) days before the

deadline date for the filing of a financial statement by each individual required to file, the

commission shall mail to the individual a copy of the financial statement form. In the case of

candidates other than those covered by subsection (f) of this section, the forms shall be mailed

within ten (10) days after the filing deadline date. In the case of appointed officers covered by this

section, the forms shall be mailed within seven (7) days after the date of the appointment.

     (e) If a person has filed a financial statement as required by one subsection of this section

covering the preceding calendar year, he or she is not required to file a financial statement as

required by another subsection if, before the deadline for filing under the other subsection, he or

she notifies the commission in writing that he or she has already filed a financial statement under

the subsection specified.

     (f) A person required to file a financial statement under subsection (a) of this section may

request the commission to grant an extension of time of not more than sixty (60) days for filing

the statement. The commission shall grant the extension of not more than sixty (60) days if the

request is received prior to the filing deadline or if a timely filing or request for extension is

prevented because of physical or mental incapacity. Not more than one extension may be given to

a person in one year except for good cause shown.

     (g) The deadline for filing any statement required by this section is 5:00 P.M. of the last

day designated in the pertinent subsection of this section for filing the statement. When the last

day of filing falls on a Saturday or Sunday or an official state holiday, the deadline for filing is

extended to 5:00 P.M. of the next day which is not a Saturday or Sunday or holiday. Any

statement required by any provision of this section to be filed within a specified time period shall

be deemed to be timely filed if it is placed in the United States post office or in the hands of a

common or contract carrier properly addressed to the appropriate authority within the time limits

applicable to the statement. The postmark or receipt mark (if received by a common or contract

carrier) will be prima facie evidence of the date that the statement was deposited with the post

office or carrier. The person filing the statement may show by competent evidence that the actual

date of posting was to the contrary.


 

 

 

 

 

 

 

 

 

 

 

347)

Section

Amend Chapter Numbers:

 

37-6-2

191 and 244

 

 

37-6-2. Rules, regulations, and procedures of committee.

     (a) The state properties committee is hereby authorized and empowered to adopt and

prescribe rules of procedure and regulations, and from time to time amend, change, and eliminate

rules and regulations, and make such orders and perform such actions as it may deem necessary

to the proper administration of this chapter and �� 37-7-1 -- 37-7-9. In the performance of the

commission's duties hereunder, the commission may in any particular case prescribe a variation

in procedure or regulation when it shall deem it necessary in view of the exigencies of the case

and the importance of speedy action in order to carry out the intent and purpose of this chapter

and �� 37-7-1 -- 37-7-9. The commission shall file written notice thereof in the office of the

secretary of state. All filings shall be available for public inspection.

     (b) The following siting criteria shall be utilized whenever current existing leases expire

or additional office space is needed:

     (1) A preference shall be given to sites designated as enterprise zone census tracts

pursuant to chapter 64.3 of title 42, or in blighted and/or substandard areas pursuant to � 45-31-8,

or in downtown commercial areas where it can be shown the facilities would make a significant

impact on the economic vitality of the community's central business district;

     (2) Consideration should be given to adequate access via public transportation for both

employees as well as the public being served, and, where appropriate, adequate parking; and

     (3) A site must be consistent with the respective community's local comprehensive plan;

and.

     (4) The division of planning within the department of administration shall be included in

the evaluation of all future lease proposals.

     (c) The state properties committee shall explain, in writing, how each site selected by the

committee for a state facility meets the criteria described in subsection (b) of this section.

     (d) For any lease, rental agreement, or extension of an existing rental agreement for

leased office and operating space which that carries a term of five (5) years or longer, including

any options or extensions that bring the total term to five (5) years or longer, where the state is the

tenant and the aggregate rent of the terms exceeds five hundred thousand dollars ($500,000), the

state properties committee shall request approval of the general assembly prior to entering into

any new agreements or signing any extensions with existing landlords. The state properties

committee, in the form of a resolution, shall provide information relating to the purpose of the

lease or rental agreement, the agency's current lease or rental costs, the expiration date of any

present lease or rental agreement, the range of costs of a new lease or rental agreement, the

proposed term of a new agreement, and the location and owner of the desired property.

     SECTION 2. Sections 45-23-53 and 45-23-54 of the General Laws in Chapter 45-23

entitled "Subdivision of Land" are hereby amended to read as follows:


 

 

 

 

348)

Section

Amend Chapter Numbers:

 

37-12-1

60 and 72

 

 

37-12-1. Contractors required to give bond -- Terms and conditions.

     (a) Every person (which word for the purposes of this chapter shall include a

copartnership, a number of persons engaged in a joint enterprise, or a corporation), before being

awarded a contract by the department of transportation or by the department of administration, as

the case may be, and every person awarded such a contract as a general contractor or construction

or project manager for the construction, improvement, completion, or repair of any public road or

portion thereof or of any bridge in which the contract price shall be in excess of fifty thousand

dollars ($50,000) one hundred and fifty thousand dollars ($150,000), or for a contract for the

construction, improvement, completion, or repair of any public building, or portion thereof, shall

be required to furnish to the respective department a bond of that person to the state, with good

and sufficient surety or sureties (hereafter in this chapter referred to as surety), acceptable to the

respective department, in a sum not less than fifty percent (50%) and not more than one hundred

percent (100%) of the contract price, conditioned that the contractor, principal in the bond, the

person's executors, administrators, or successors, shall in all things, well and truly keep and

perform the covenants, conditions, and agreements in the contract, and in any alterations thereof

made as therein provided, on the person's part to be kept and performed, at the time and in the

manner therein specified, and in all respects according to their true intent and meaning, and shall

indemnify and save harmless the state, the respective department, and all of its officers, agents,

and employees, as therein stipulated, and shall also promptly pay for all such labor performed or

furnished, together with penalties assessed pursuant to � 37-13-14.1(b), and for all such materials

and equipment furnished, (which, as to equipment, shall mean payment of the reasonable rental

value, as determined by the respective department, of its use during the period of its use), as shall

be used in the carrying on of the work covered by the contract, or shall see that they are promptly

paid for, whether or not the labor is directly performed for or furnished to the contractor or is

even directly performed upon the work covered by the contract, and whether or not the materials

are furnished to the contractor or become component parts of the work, and whether or not the

equipment is furnished to the contractor or even directly used upon the work. The bond shall

contain the provisions that it is subject to all such rights and powers of the respective department

and such other provisions as are set forth in the contract and the plans, specifications, and

proposal incorporated by reference in the contract, and that no extension of the time of

performance of the contract or delay in the completion of the work thereunder or any alterations

thereof, made as therein provided, shall invalidate the bond or release the liability of the surety

thereunder. Waiver of the bonding requirements of this section is expressly prohibited.


 

 

 

349)

Section

Amend Chapter Numbers:

 

37-14.1-6

37 and 57

 

 

37-14.1-6. Minority business enterprise participation.

     (a) Minority business enterprises shall be included in all procurements and construction

projects under this chapter and shall be awarded a minimum of ten percent (10%) of the dollar

value of the entire procurement or project. The director of the department of administration is

further authorized to establish by rules and regulation the certification process and formulas for

giving minority business enterprises a preference in contract and subcontract awards.

     (b) Any minority business enterprise currently certified by the U.S. Small Business

Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by

the department of administration as a minority business enterprise and shall only be required to

submit evidence of federal certification of good standing.


 

 

 

350)

Section

Amend Chapter Numbers:

 

39-1-27.1

274 and 281

 

 

39-1-27.1. Retail electric-licensing-commission plan requirements and nonregulated

power producer registration requirements.

     (a) The retail electric-licensing commission shall, by January 1, 1997, submit a plan to

the legislature that shall include, but not be limited to, the following:

     (1) A recommendation for taxing and/or assessing electric-distribution companies,

electric-transmission companies, and nonregulated power producers;

     (2) Recommendations regarding changes to the regional power pool that would facilitate

the creation of an independent-system operator and voluntary power exchange; and

     (3) Proposals for consumer protections, access to books and records, and other

requirements the retail electric licensing commission determines to be reasonable, necessary, and

in the public interest.

     (b)(1) On or before January 1, 1997, the public utilities commission shall establish

regulations applicable to nonregulated power producers that are selling electricity in this state that

are necessary to meet (directly or through contract) the operating and reliability standards of the

regional power pool.

     (2) In addition, the public utilities commission shall participate in all proceedings before

the Federal Energy Regulatory Commission with respect to the modification and/or termination

of wholesale all requirements contracts in place as of January 1, 1996, between electric-

distribution companies operating in this state and their affiliated power suppliers. The purpose of

such this participation is to ensure that termination fees payable by ultimate customers in this

state are determined in accordance with the provisions of � 39-1-27.4. To facilitate such this

participation, the public utilities commission is authorized to assess electric-distribution

companies under its jurisdiction for its reasonable expenses incurred in connection with its

participation in those proceedings, up to a maximum of one hundred thousand dollars ($100,000)

per year, which assessments shall be in addition to all other assessments authorized by this title.

     (3) On January 1, 1998, and annually for the next four (4) years thereafter, the public

utilities commission shall transmit to the governor, the speaker of the house, and the president of

the senate, a report detailing: developments in the competitive power supply market in this state;

estimated savings realized by customers as a result of the introduction of retail competition in the

power supply market; progress towards implementation of a regional transmission agreement for

New England and other reforms implemented by the regional power pool; and the status of

electric industry restructuring activities in the other New England states and any

recommendations for statutory changes.

     (c) All nonregulated power producers seeking to do business engage in the retail sale of

electricity in this state must file with the division of public utilities and carriers a notarized

registration application that includes the information identified below and any additional

information required by the division of public utilities and carriers pursuant to regulations issued

to protect the public interest in connection with the registration of entities seeking to sell

electricity at retail:

     (1) Legal name;

     (2) Business address;

     (3) The name of the state where organized; the date of organization; a copy of the articles

of incorporation, association, partnership agreement, or other similar document regarding legal

organization;

     (4) Name and business address of all officers and directors, partners, or other similar

officials;

     (5) Name, title, and telephone number of customer-service contact person;

     (6) Name, title, and telephone number of regulatory contact person;

     (7) Name, title, and address of registered agent for service of process;

     (8) Brief description of the nature of business being conducted; and

     (9) Evidence of financial soundness, except those nonregulated power producers that may

be obligated entities under � 39-26-2(16) shall provide security such as a surety bond or other

financial instrument showing evidence of liquid funds, such as a certificate of deposit, an

irrevocable letter of credit, a line of credit, a loan, or guarantees in an amount specified by the

division, pursuant to rules and regulations promulgated by the division on or before February 1,

2017, provided that the amount be not less than twenty-five thousand dollars ($25,000), nor more

than five hundred thousand dollars ($500,000). The financial instrument shall name the public

utilities commission and division of public utilities and carriers as obligees. Financial security

shall be reviewed each year at the time a nonregulated power producer makes its annual filing.

The financial security shall be available to satisfy penalties assessed by the division for violations

of any consumer-protection rules or laws related to nonregulated power producers; refunds

ordered by the division; or failure to comply with the provisions of chapter 26 of title 39 this

title, as determined by the public utilities commission. Payments made pursuant to this subsection

for violation of the provisions of � 39-26-4 shall be forfeited, and shall be remitted to the

renewable energy development fund established in � 39-26-7, or any successor funds, and all

other forfeitures will be remitted to the state's general fund.

     (d) Copies of all filings pursuant to subsection (c) shall be served upon the commission

and all electric-distribution companies. Updated information shall be filed within ten (10) days of

any change to the information included in a registration application, as filed or previously

updated. Registration applications filed pursuant to subsection (c) shall become effective thirty

(30) days after filing with the division, unless rejected during the thirty-day (30) period. If the

division should reject a registration application, it shall specify the applicable reasons in writing

and, if practicable, identify alternative ways to overcome any deficiencies. After an opportunity

of a hearing, the division may rescind a nonregulated power producer's registration for cause.

Nonregulated power producers shall be authorized to do business in this state after their

registration becomes effective and while it remains in good standing.

     (e) A filing fee of one hundred dollars ($100) shall accompany all registration

applications filed pursuant to subsection (c). Nonregulated power producers shall thereafter renew

their registrations with the division on an annual basis. Applications for renewal shall be filed

before the close of business on December 31 of each calendar year. Applications for renewal shall

specify any changes in previously filed registration information. A filing fee of one hundred

dollars ($100) shall accompany all applications for renewal of nonregulated power producer

status.


 

 

 

351)

Section

Add Chapter Numbers:

 

39-2.2

170 and 234

 

 

CHAPTER 2.2

RHODE ISLAND UTILITY FAIR SHARE ROADWAY REPAIR ACT


 

 

 

352)

Section

Add Chapter Numbers:

 

39-2.2-1

170 and 234

 

 

39-2.2-1 Short title.

     This chapter shall be known and may be cited as the "Rhode Island Utility Fair Share

Roadway Repair Act."


 

 

 

353)

Section

Add Chapter Numbers:

 

39-2.2-2

170 and 234

 

 

39-2.2-2. Road repair by public utility or utility facility.

     Any public utility as defined by � 39-1-2 or any utility facility as defined by chapter 8.1

of title 24 which that shall alter, excavate, disrupt, or disturb a roadway shall be responsible for

complete repaving and repair of the roadway from curbline to curbline or as required in

accordance with the state or municipal utility permit requirements.


 

 

 

354)

Section

Add Chapter Numbers:

 

39-2.2-3

170 and 234

 

 

39-2.2-3. State road repair.

     (a) Any repaving and repair of a state road required by � 39-2.2-2 shall be to the

satisfaction of the director of the department of transportation.

     (b) All utility work within and/or upon a state road or state right-of-way requires a state

utility permit issued by the department of transportation prior to the work commencing. Any

public utility or utility facility violating this section for non-emergency utility work without a

state utility permit shall be fined five hundred dollars ($500) per incident in addition to the

required road repaving and repair (restoration).

     (c) As part of the state utility permit requirements:

     (1) The public utility or utility facility shall obtain and submit to the state a performance

bond in accordance with the state utility permit application requirements prior to the state utility

permit being issued by the department of transportation; and

     (2) The department of transportation will contract with pre-qualified vendors (Master

Price Agreement) to conduct state-certified testing and inspection services on all utility work in

accordance with the state utility permit requirements, and the public utility or utility facility shall

reimburse the department of transportation for these costs; and.


 

 

 

355)

Section

Add Chapter Numbers:

 

39-2.2-4

170 and 234

 

 

39-2.2-4. Municipal road repair.

     Any repaving and repair of a municipal road required by � 39-2.2-2 shall be in

accordance with standards promulgated by the director of the department of transportation.


 

 

 

 

356)

Section

Add Chapter Numbers:

 

39-2.2-5

170 and 234

 

 

39-2.2-5. Recovery for failure to repair state road.

     (a) If the director of the department of transportation deems any repaving or repair of a

state road insufficient, defective, noncompliant, or incomplete and requests repairs, it will be the

responsibility of the public utility or utility facility to complete the repairs to the satisfaction of

the director of the department of transportation within thirty (30) days of being notified.

     (b) If the public utility or utility facility fails to complete the repairs, the department of

transportation will initiate the repairs through the performance bond claim process and/or

recovering the amount required for the repairs from the public utility or utility facility.

     (c) If any payment, determined to be due from any public utility or utility facility for

reparation, reconstruction, or repaving shall not be paid to the state within one year from the date

of the determination, the state shall be entitled to recover the amount due in an action of debt,

together with interest from six (6) months from the date of determination at the rate of ten percent

(10%) per annum.


 

 

 

 

357)

Section

Amend Chapter Numbers:

 

39-26.7-5

274 and 281

 

 

39-26.7-5. Certain customer rights.

     (a) An electric-distribution company shall transfer a residential customer to the standard-

offer service rate not later than the next billing cycle after receipt of a request from a residential

customer eligible for standard-offer service.

     (b) The electric-distribution company shall not be liable for any contract termination fees

that may be assessed by the nonregulated power producer.

     (c) An electric-distribution company shall transfer a residential customer to the electric-

generation-service rate of a nonregulated power producer not later than the next billing cycle after

the electric-distribution company receives from the nonregulated power producer a successful

enrollment of such residential customer, unless the notification is not received by the electric-

distribution company in accordance with its commission-approved terms and conditions on file

with the division and commission.

     (d) Notwithstanding any other provision of the general laws, nothing shall prohibit a

residential customer who moves from one dwelling to another dwelling within the state from

immediately receiving electric-generation service from a nonregulated power producer, provided

such the customer was receiving such service from a nonregulated power producer immediately

prior to such move.

     (e) The electric-distribution company shall include in its terms and conditions, subject to

review and approval by the commission, conditions for release of customer information to a

nonregulated power producer.

     (f) Customers shall be entitled to any available, individual information about their loads

or usage at no cost.

     (g) On or before January 1, 2017, the division shall initiate a rulemaking proceeding to

develop a standard summary form of the material terms and conditions of the contract for

electric-generation services signed by a residential customer. Such form shall include, but not be

limited to, the following:

     (1) A description of the rate the customer will be paying;

     (2) Whether such rate is a fixed or variable rate;

     (3) The term and expiration date of such rate;

     (4) Whether the contract will automatically renew;

     (5) A notice describing the customer's right to cancel the service, including the right to

schedule the cancellation of service on a date certain at any time during the contract period, as

provided in this section;

     (6) Information on air emissions and resource mix of generation facilities operated by and

under long-term contract to the nonregulated power producer;

     (7) The trade name of the nonregulated power producer;

     (8) The toll-free telephone number for customer service of the nonregulated power

producer;

     (9) The internet website of the nonregulated power producer;

     (10) The toll-free telephone number for customer complaints of the division; and

     (11) Any other information required by the division. Upon the division's filing of

regulations pursuant to this section, the commission shall initiate a rulemaking proceeding to

repeal any rules that overlap with the regulations filed by the division.

     (h) On and after January 1, 2017, each nonregulated power producer shall, prior to

initiation of electric-generation services, provide the potential residential customer with a

completed summary form developed pursuant to this section. Each nonregulated power producer

shall, prior to the initiation of electric-generation services, provide the potential commercial or

industrial customer with a written notice describing the rates; information that complies with �

39-26-9 and the commission's rules governing energy source disclosure, which may be amended

from time to time; terms and conditions of the service; and a notice describing the customer's

right to cancel the service; as provided in this section.

     (i) No nonregulated power producer shall provide electric-generation services unless the

customer has signed a service contract or consents to such services by one of the following:

     (1) An independent, third-party telephone verification;

     (2) Receipt of a written confirmation, received in the United States mail from the

customer, after the customer has received an information package confirming any telephone

agreement;

     (3) The customer signs a contract that conforms with the provisions of this section; or

     (4) The customer's consent is obtained through electronic means, including, but not

limited to, a computer transaction.

     (j) Each nonregulated power producer shall provide each customer with a written

contract, which contract may be provided in an electronic format, that conforms with the

provisions of this section and maintain records of such the signed service contract or consent to

service for a period of not less than two (2) years from the date of expiration of such the contract,

which records shall be provided to the division or the customer upon request.

     (k) Each contract for electric-generation services shall contain:

     (1) All material terms of the agreement;

     (2) A clear and conspicuous statement explaining the rates that such the customer will be

paying, including the circumstances under which the rates may change;

     (3) A statement that provides specific directions to the customer as to how to compare the

price terms in the contract to the customer's existing electric-generation-service charge on the

electric bill and how long those rates are guaranteed;

     (4) Such The contract shall also include a clear and conspicuous statement providing the

customer's right to cancel such contract not later than three (3) days after signature or receipt in

accordance with the provisions of this subsection, describing under what circumstances, if any,

the supplier may terminate the contract and describing any penalty for early termination of such

the contract;

     (5) The method methods by which a customer may cancel service through the

nonregulated power producer which shall include electronic termination of an existing

consumer�s service agreement prior to the consumer�s next bill read date so long as the request to

disenroll has been made at least seven (7) calendar days in advance of the next bill read date. The

electronic termination shall be provided in a clear and conspicuous location on the nonregulated

power producer�s Internet internet websiteincluding and a method by which a customer without

internet access may cancel service; and

     (6) Any other information required by the division.

     (l) Between thirty (30) and sixty (60) days, inclusive, prior to the expiration of a fixed-

price term contract for a residential customer, a nonregulated power producer shall provide a

written notice to such the customer of any change to the customer's electric-generation price the

contract expiration dateSuch The residential customer shall select the method of written notice

at the time the contract is signed or verified through third-party verification, as described in this

section, in a manner approved by the division. Such The customer shall have the option to change

the method of notification at any time during the contract.

     (m) No nonregulated power producer shall charge a residential customer month-to-month

variable rates for electric-generation services following the expiration of a contract entered into

after the effective date of this section [July 12, 2016] without providing written notification to

such residential customer forty-five (45) days prior to the commencement of such month-to-

month variable rates. Such notice shall conform to any rules that may be promulgated by the

division. Such customer shall have the option to change the method of notification at any time

during the contract. On and after August 1, 2019, no nonregulated power producer shall

automatically renew or cause to be automatically renewed a contract with a residential customer;

provided, however, that, a new contract with a residential customer shall be required if the terms

for electric-generation services change from variable to fixed rates, fixed to variable rates, or to a

different fixed rate.

     (n) No nonregulated power producer shall charge an electric-generation-service rate to a

residential customer that is twenty-five percent (25%) more than the original contract price, or the

last rate notification provided by the nonregulated power producer, without disclosing the rate

change described in this section fifteen (15) days before it takes effect. Such The disclosure shall

be in writing and shall conform to any rules that may be promulgated by the division.

     (o) No third-party agent may sell electric-generation services on behalf of a nonregulated

power producer unless the third-party agent is an employee or independent contractor of such the

nonregulated power producer and the third-party agent has received appropriate training directly

from such the nonregulated power producer.

     (p) All sales and solicitations of electric-generation services by a nonregulated power

producer, aggregator, or agent of a nonregulated power producer or aggregator to a customer

conducted and consummated entirely by United States mail; door-to-door sale; telephone or other

electronic means; during a scheduled appointment at the premises of a customer; or at a fair, trade

or business show, convention, or exposition in addition to complying with the provisions of this

section, shall comply with all state and local laws and regulations.

     (q) Any representative of a nonregulated power producer, aggregator, or agent of a

nonregulated power producer or aggregator shall prominently display or wear a photo

identification badge stating the name of such the person's employer or the nonregulated power

producer the person represents and shall not wear apparel, carry equipment, or distribute

materials that includes the logo or emblem of an electric-distribution company or contains any

language suggesting a relationship that does not exist with an electric-distribution company,

government agency, or other supplier.

     (r) No nonregulated power producer, aggregator, or agent of a nonregulated power

producer or aggregator shall advertise or disclose the price of electricity to mislead a reasonable

person into believing that the electric-generation services portion of the bill will be the total bill

amount for the delivery of electricity to the customer's location, or make any statement, oral or

written, suggesting a prospective customer is required to choose a supplier. When advertising or

disclosing the price for electricity, the nonregulated power producer, aggregator, or agent of a

nonregulated power producer shall, on and after January 1, 2017, indicate, using at least a ten-

point (10) font size, in a conspicuous part of any advertisement or disclosure that includes an

advertised price, the expiration of such advertised price, and any fixed or recurring charge,

including, but not limited to, any minimum monthly charge.


 

 

 

 

358)

Section

Amend Chapter Numbers:

 

40-8.11-1

110 and 130

 

 

40-8.11-1. Findings.

     (a) Family members, partners and close friends provide the vast majority of long-term

services and supports.

     (b) An estimated one hundred and forty-eight thousand (148,000) persons in Rhode

Island are providing care at any one time to persons living in the community. The estimated value

of their unpaid contributions in 2009 was one billion eight hundred eighty million dollars

($1,880,000,000).

     (c) Family or other caregivers who provide the majority of care in the home are

frequently under substantial physical, psychological, and financial stress. The stress, if unrelieved

by support for the caregiver, may lead to premature or unnecessary nursing home and institutional

placement and health and financial burdens for the caregiver.

     (d) Respite care and other community-based supportive services for the family caregiver

can relive relieve some of the stresses faced by caregivers,; maintain and strengthen the family

structure,; postpone or prevent institutionalization; and lead to better outcomes for both the

caregiver and care recipient.

     (e) The percent of Rhode Islanders age sixty-five (65) years of age and older is projected

to grow from fourteen percent (14%) of the state population in 2010 to twenty-one percent (21%)

by 2030. As persons age, they have greater dependency needs and an increased need for long-

term-care services and support. Younger people with disabilities also require continued

supportive long-term-care services as they age.

     (f) As informal caregivers and families are a vital part of the long-term-care services and

support system, it is an important public purpose to recognize and respect their contributions,;

and to assess and support their needs,; and to provide them with counseling, education, and

support services.


 

 

 

 

359)

Section

Amend Chapter Numbers:

 

40-8.11-3

110 and 130

 

 

40-8.11-3. Caregiver assessment requirement.

     (a) The comprehensive assessment required in subsection  40-8.10-4(b) as part of

Medicaid long-term service reform shall also include a caregiver assessment whenever the plan of

care depends on a family caregiver for providing assistance with activities of daily living or

instrumental activities of daily living needs. The assessment shall be used to develop a plan of

care that recognizes both needs of the care recipient and the caregiver. The assessment shall also

serve as the basis for development and provision of an appropriate plan for caregiver information,

education and training, referral and support services. Information about available respite

programs, caregiver training and education programs, support groups, and community support

services shall be included as part of the caregiver support plan. To implement the caregiver

assessment, the executive office of health and human services shall adopt evidenced-based

caregiver assessments and referral tools appropriate to the departments within the office that

provide long-term-care services and support.

     (b) The executive office of health and human services shall develop annual reports to

track data on the number of caregiver assessments conducted,; the identified needs of caregivers

to include both met and unmet needs,; and referrals made for education, respite, and other support

services. The reports shall be provided to the chairs of the house and senate finance committees

as part of annual budget hearings and the chair of the long-term-care coordinating council and

posted on the executive office of health and human services website.


 

 

 

 

360)

Section

Amend Chapter Numbers:

 

40-9.1-1

96 and 131

 

 

40-9.1-1. Declaration of policy.

     It is the policy of this state that:

     (a) Persons who are blind, visually impaired, deaf, hard-of-hearing and otherwise

disabled or otherwise have a disability have the same rights as the able-bodied to the full and free

use of the streets, highways, walkways, public buildings, public facilities, and other public places.

     (b) Persons who are blind, visually impaired, deaf, hard-of-hearing and otherwise

disabled or otherwise have a disability are entitled to full and equal accommodations, advantages,

facilities, and privileges on any public conveyance operated on land or water or in the air, or any

stations and terminals thereof, not limited to taxis, airplanes, motor vehicles, railroad trains,

motor buses, street cars, boats, and in any educational institution, not limited to any kindergarten,

primary and secondary school, trade or business school, high school, academy, college and

university, and in places of public resort, accommodation, assemblage, or amusement, not limited

to hotels, lodging places, restaurants, theater and in all other places to which the general public is

invited, subject only to the conditions and limitations established by law and applicable alike to

all persons.

     (c) Persons who are blind, visually impaired, deaf, hard-of-hearing and otherwise

disabled persons shall be entitled to rent, lease or purchase, as other members of the general

public, any housing accommodations offered for rent, lease or other compensation in this state,

subject to the conditions and limitations established by law and applicable alike to all persons.


 

 

 

 

361)

Section

Amend Chapter Numbers:

 

40-9.1-1.1

96 and 131

 

 

40-9.1-1.1. Definitions.

     (1) "Disability" means a disability as defined in � 42-87-1.

     (a)(2) "Guide dog" means a dog that has been or is being specially trained to aid a

particular blind or visually impaired person.

     (b)(3) "Hearing dog" means a dog that has been or is being specially trained to aid a

particular deaf or hard-of-hearing person.

     (c) "Housing accommodations" means any real property or portion thereof that is used or

occupied, or intended, arranged or designed to be used or occupied, as the home, residence or

sleeping place of one or more human beings, but does not include any single-family residence the

occupants of which rent, lease or furnish for compensation to more than one room therein.

     (d) "Personal assistance animal" means a dog that has been or is being trained as a guide

dog, hearing dog or service dog.

     (e) "Service dog" means a dog that has been or is being specially trained to aid a

particular disabled person with a disability other than sight or hearing.

     (f) "Disabled" means a disability as defined in � 42-87-1.

     (g) "Closed-captioning" means a transcript or dialog of the audio portion of a television

program that is displayed on a television receiver screen when the user activates the feature.

     (h) "Public area" means a part of a place of public accommodation that is open to the

general public.

     (i) "Regular hours" means the hours of any day in which a place of public

accommodation is open to members of the general public.

     (4) "Public area" means a part of a place listed in � 40-9.1-1 that is open to the general

public.

     (5) "Regular hours" means the hours of any day in which a public place of a place listed

in � 40-9.1-1 is open to members of the general public.

     (6) "Service animal" means a dog that has been or is being specifically trained to assist an

individual with a disability, and includes a guide dog or hearing dog.


 

 

 

 

362)

Section

Amend Chapter Numbers:

 

40-9.1-2

96 and 131

 

 

40-9.1-2. Personal assistance animals in public places.

     Every disabled person with a disability has the right to be accompanied by a personal

assistance service animal, specially trained for that person in any housing accommodation or in

any places place listed in � 40-9.1-1(b) and (c) without being required to pay an extra charge for

the personal assistance animal. Each disabled person with a disability using a personal assistance

service animal is solely liable for any damage done to persons, premises, or facilities by the

personal assistance service animal.


 

 

 

 

363)

Section

Amend Chapter Numbers:

 

40-9.1-2.1

96 and 131

 

 

40-9.1-2.1. Trainers of personal assistance animals and dogs in training.

     Every trainer or puppy raiser of a personal assistance service animal shall have the same

rights and privileges as stated in � 40-9.1-2 for every person with a disability. Each trainer or

puppy raiser during the training of a personal assistance service animal is liable for any damage

done to persons, premises, or facilities by that personal assistance service animal.


 

 

 

364)

Section

Amend Chapter Numbers:

 

40-9.1-3

96 and 131

 

 

40-9.1-3. Penalty for injuring or interfering with a service animal -- Civil actions �

Damages --  Costs and attorneys' fees.

     (a) It is unlawful for any person, corporation, or the agent of any corporation to:

     (1) Withhold, deny, deprive, or attempt to withhold, deny, or deprive, any other person of

any right or privilege secured by �� 40-9.1-2 and 40-9.1-2.1;

     (2) Intimidate, threaten, coerce, or attempt to threaten, intimidate, or coerce, any other

person to interfere with any right or privilege secured by �� 40-9.1-2 and 40-9.1-2.1;

     (3) Punish, or attempt to punish, any person for exercising, or attempting to exercise, any

right or privilege secured by �� 40-9.1-2 and 40-9.1-2.1;

     (b) It is unlawful for any person to injure a personal assistance service animal and shall

be liable for the injuries to the assistance service animal and if necessary the replacement and

compensation for the loss of the personal assistance service animal.

     (c) It is unlawful for the owner of a dog an animal to allow that dog their animal to injure

personal assistance service animal because the owner failed to control or leash the dog the

service animal. The owner shall also be liable for the injuries to the personal assistance dog

service animal and if necessary the replacement and compensation for the loss of the personal

assistance service animal.

     (d) Any person who violates subsection (a)(1) is guilty of a misdemeanor. Any person

who purposely or negligently violates subsection (a)(2) or (a)(3) is guilty of a misdemeanor.

Violations shall be punished by imprisonment in the county jail for not more than six (6) months

or by a fine of not less than one hundred dollars ($100), or by both fine and imprisonment. Any

person or corporation who or that violates subsections subsection (a), (b), or (c) is also liable to

the person whose rights under �� 40-9.1-2 and 40-9.1-2.1 were violated for actual damages for

any economic loss and/or punitive damages, to be recovered by a civil action in a court in and for

the county in which the infringement of civil rights occurred or in which the defendant lives.

     (e) In an action brought under this section, the court shall award costs and reasonable

attorney's fees to the prevailing party.


 

 

 

 

365)

Section

Add Chapter Numbers:

 

40-9.1-3.1

96 and 131

 

 

40-9.1-3.1. Misrepresentation of service animal.

     (a) It is a violation of this chapter for an individual to take an animal into a public area

where pets are not permitted, and state that the animal is a service animal entitled to be present, if

the animal is not a service animal.

     (b) Businesses may post a decal suitable in a front window or door, stating that service

animals are welcome and that misrepresentation of a service animal is a violation of Rhode Island

law; and.

     (c) It shall be a violation for any individual to misrepresent a pet or any other animal as a

service animal when attempting to gain access to or remain in a public area. A violation of this

section occurs when:

     (1) An individual expressly represents that an animal in their his or her possession is a

service animal for the purpose of obtaining any rights or privileges afforded to persons with

disabilities accompanied by service animals, but unavailable to people and their pets or other

animals; and

     (2) Said The individual knew or should have known that the animal in question did not

meet the definition of a service animal.

     (d) A violation of this section shall be deemed a civil violation, punishable by up to thirty

(30) hours of community service for an organization that serves individuals with disabilities at the

discretion of the court.


 

 

 

 

366)

Section

Amend Chapter Numbers:

 

40-9.1-5

96 and 131

 

 

40-9.1-5. Therapy pets in public places.

     (a) The privileges of access and transportation provided to personal assistance service

animals in � 40-9.1-2 shall be extended to family therapy pets, which are further defined as

primary companions which include, but are not limited to, dogs, cats, rabbits, and guinea pigs,

that are working in the provision of pet-assisted therapy treatment and education.

     (b) The provisions are such that the pet-assisted therapy facilitator is working in

conjunction with the family therapy pet in a predetermined medical or educational setting, with a

selected clientele. The medical interactions are to be individually planned, goal-oriented, and

treatment based, and the educational settings are to be classroom based.

     (c) Throughout the interactions, the pet-assisted therapy facilitator and the family therapy

pet will abide by a set code of ethics, and will follow professional guidelines to ensure that the

actions and deeds of the pet-assisted therapy facilitator reflect advocacy of profession, pets, and

clients, and other professions; while simultaneously ensuring that the interaction of the family

therapy pet and client remains beneficial and strives to enhance the quality of life through this

animal-human bond.

     (d) Prior to any interactions, the family therapy pet must first meet the immunization

criteria, a current certificate of good health, which shall be issued by a licensed, practicing

veterinarian,; as well as the temperament criteria, a certificate of good temperament, which shall

be issued from a certified or practicing dog trainer or animal behaviorist,; and training criteria, in

which the pet-assisted therapy facilitator and the family therapy pet learn to work as a team

learning together to execute safely and effective interaction, which are accepted in the field,

specifically other pet-assisted animal facilitators, veterinarians, dog trainers, animal behaviorists,

and the state of Rhode Island.

     (e) Access and transportation privileges are only extended while the family therapy pet is

on the way to or actively participating in a program.

     (f) The animal-assisted therapy facilitator, an individual who has successfully completed,

or is in the process of completing, an accepted pet-assisted therapy program, shall be responsible

for the control and safety of the pet, which is to include: cleaning up and elimination of wastes,;

keeping the pet on a proper leash and collar,; carrying a smaller animal in a travel crate,; adhering

to all standard rules, regulations, and laws within both the facility and the state of Rhode Island,;

and upholding an active insurance policy that will cover an unforeseen mishap and/or accidental

occurrence which that may result in causing property damage and/or personal injury while

actively participating in a program.


 

 

 

 

367)

Section

Add Chapter Numbers:

 

40-9.1-7

96 and 131

 

 

40-9.1-7. Non-interference with federal law.

     Nothing in this chapter shall be construed to interfere with any rights provided by federal

law to individuals with disabilities.


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368)

Section

Amend Chapter Numbers:

 

42-7.4-2

99 and 137

 

 

42-7.4-2. Definitions.

     The following words and phrases as used in this chapter shall have the following

meaning:

     (1)(5) "Secretary" means the secretary of health and human services.

     (2)(3)(i) "Insurer" means all persons offering, administering, and/or insuring healthcare

services, including, but not limited to:

     (A) Policies of accident and sickness insurance, as defined by chapter 18 of title 27:

     (B) Nonprofit hospital or medical-service plans, as defined by chapters 19 and 20 of title

27;

     (C) Any person whose primary function is to provide diagnostic, therapeutic, or

preventive services to a defined population on the basis of a periodic premium;

     (D) All domestic, foreign, or alien insurance companies, mutual associations, and

organizations;

     (E) Health maintenance organizations, as defined by chapter 41 of title 27;

     (F) All persons providing health benefits coverage on a self-insurance basis;

     (G) All third-party administrators described in chapter 20.7 of title 27; and

     (H) All persons providing health benefit coverage under Title XIX of the Social Security

Act (Medicaid) as a Medicaid managed care organization offering managed Medicaid.

     (ii) "Insurer" shall not include any nonprofit dental service corporation as defined in � 27-

20.1-2, nor any insurer offering only those coverages described in � 42-7.4-14.

     (3)(1)(i) "Contribution enrollee" means an individual residing in this state, with respect to

whom an insurer administers, provides, pays for, insures, or covers health-care healthcare

services, unless excepted by this section.

     (ii) "Contribution enrollee" shall not include an individual whose healthcare services are

paid or reimbursed by Part A or Part B of the Medicare program, a Medicare supplemental policy

as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. � 1395ss(g)(1), or Medicare

managed care policy, the federal employees' health benefit program, Tricare, CHAMPUS, the

Veterans' healthcare program, the Indian health service program, or any local governmental

corporation, district, or agency providing health benefits coverage on a self-insured basis;

     (iii) Delayed applicability for state employees, retirees, and dependents and not-for-profit

healthcare corporations. An individual whose healthcare services are paid or reimbursed by the

state of Rhode Island pursuant to chapter 12 of title 36 or a not-for-profit healthcare corporation

that controls or operates hospitals licensed under chapter 17 of title 23 or a not-for-profit

healthcare corporation that controls or operates hospitals licensed under chapter 17 of title 23, and

facilities and programs providing rehabilitation, psychological support, and social guidance to

individuals who are alcoholic, drug abusers, mentally ill, or who are persons with developmental

disabilities or cognitive disabilities, such as brain injury, licensed under chapter 24 of title 40.1

shall not be treated as a "contribution enrollee" until July 1, 2016.

     (4) "Person" means any individual, corporation, company, association, partnership,

limited liability company, firm, state governmental corporations, districts, and agencies, joint

stock associations, trusts, and the legal successor thereof.

     (5)(2) "Healthcare services funding contribution" means per capita amount each

contributing insurer must contribute to support the programs funded by the method established

under this section, with respect to each contribution enrollee; provided, however, that, with

respect to an insurer that is a Medicaid managed care organization offering managed Medicaid,

the healthcare funding services contribution for any contribution enrollee whose healthcare

services are paid or reimbursed under Title XIX of the Social Security Act (Medicaid) shall not

include the children's health services funding requirement described in � 42-12-29.


 

 

 

 

369)

Section

Amend Chapter Numbers:

 

42-12-19

211 and 222

 

 

42-12-19. Permanent advisory commission on traumatic brain injuries --

Commission established.

     (a) There is hereby established a permanent advisory commission on traumatic brain

injuries.

     (b) The purpose of the commission shall be to:

     (1) Report on all matters relating to traumatic brain injury in Rhode Island to the

governor and the general assembly.

     (2) Advise the executive office of health and human services, the department of

behavioral healthcare, developmental disabilities and hospitals, and the department of health

regarding the development of priorities and criteria for disbursement of moneys in response to

both individual requests and grant-seeking entities from the traumatic brain injury fund. Such The

priorities and criteria shall be in accordance with the expenditure guidelines set forth in � 42-12-

28 of this chapter.

     (3) Advise the executive office of health and human services, the department of

behavioral healthcare, developmental disabilities and hospitals, and the department of health on

all matters regarding traumatic brain injury.

     (c) The commission shall consist of twenty (20) twenty-six (26) members. They shall

meet not less than four (4) times a year and report their findings annually to the governor and

general assembly. The members of the commission shall serve without compensation. The

commissioners shall elect their own officers on a biennial basis.

     (d) The membership of the commission shall be as follows: The secretary of the

executive office of health and human services or his or her designee, the director of the

department of behavioral healthcare, developmental disabilities and hospitals or his or her

designee; the director of the department of health or his or her designee; the director of the

department of human services or his or her designee; the director of the department of education

or his or her designee, all of whom shall serve ex-officio; the chief of neurosurgery at Rhode

Island Hospital or his or her designee; the president and executive director or two (2) designees of

the Brain Injury Association of Rhode Island; the director of the Rhode Island Disability Law

Center or his or her designee; the governor or his or her designee; and ten (10) sixteen (16)

persons appointed by the governor as follows: two (2) eight (8) persons who are unrelated, one

seven (7) of whom must have a traumatic brain injury, and one of whom may be an immediate

family member of an individual with a traumatic brain injury; one person who is a neurologist;

one person who is a physiatrist; one person who is a neuropsychologist; one person who is a

cognitive rehabilitation specialist; one of whom is a traumatic brain injury case manager; one of

whom is a physical therapist or occupational therapist; one of whom is a representative of a post-

acute rehabilitation facility; and one person who is a community-based service provider.

     (e) The first meeting of the members of the commission shall be called to order by the

governor or his or her designee within ninety (90) days of the effective date of this act [July 7,

2006]. Of the ten (10) members appointed by the governor, three (3) shall serve a term of one

year, three (3) shall serve a term of two (2) years, and four (4) shall serve a term of three (3)

years. Upon expiration of the initial term, commission members shall serve terms of three (3)

years. The initial terms of commission members shall be determined by lot.


 

 

 

 

370)

Section

Amend Chapter Numbers:

 

42-28-22.1

205 and 271

 

 

42-28-22.1. Retirement contribution.

     (a) Legislative findings. The general assembly finds that:

     (1) A trust was created for retirement purposes for members of the state police who were

hired after July 1, 1987; however, as of January 1, 2015, there was an unfunded liability of

approximately $200 million attributable to the retirement benefits for members of the state police

hired on or before July 1, 1987, and no trust had been created for them.

     (2) Unless a trust is established, these members' benefits will continue to be funded on a

pay-as-you-go basis and would not be recognized as a liability on the state's financial statements

under generally accepted accounting purposes.

     (3) An investigation of Google, Inc., conducted by the Rhode Island U.S. attorney's office

and the Rhode Island task force of the U.S. food and drug administration's office of criminal

investigations, the department of the attorney general, and state and local police netted settlement

amounts of approximately $230 million to the state, of which $45.0 million has been allocated for

use by the state police.

     (4) The allocation of Google settlement monies to the state police presents a unique

opportunity to reduce the amount of the unfunded liability attributable to the retirement benefits

for members of the state police hired on or before July 1, 1987.

     (5) It is in the best interests of the members of the state police and the taxpayers of this

state to reduce the amount of the unfunded liability attributable to retirement benefits for these

police officers by creating a separate trust and to fund those benefits on an actuarial basis.

     (b) Each member of the state police initially hired after July 1, 1987, shall have deducted

from "compensation" as defined in � 36-8-1(8) beginning July 1, 1989, an amount equal to a rate

percent of such compensation of eight and three quarters percent (8.75%). The receipts collected

from members of the state police shall be deposited in a restricted revenue account entitled "state

police retirement benefits" on the date contributions are withheld but no later than three (3)

business days following the pay period ending in which contributions were withheld. The

proceeds deposited in this account shall be held in trust for the purpose of paying retirement

benefits under this section to participating members of the state police or their beneficiaries. The

retirement board shall establish rules and regulations to govern the provisions of this section.

     (c) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (c)(d) A member of the state police initially hired after July 1, 1987, who withdraws from

service or ceases to be a member for any reason other than death or retirement, will, at the

member's request, be paid on demand a refund consisting of the accumulated contributions

standing to his or her credit in his or her individual account in the state police retirement benefits

account. Any member receiving a refund shall thereby forfeit and relinquish all accrued rights as

a member of the system together with credits for total service previously granted to the member;

provided, however, that if any member who has received a refund shall subsequently reenter the

service and again become a member of the system, he or she shall have the privilege of restoring

all moneys previously received or disbursed to his or her credit as refund of contributions, plus

regular interest for the period from the date of refund to the date of restoration.

     (d)(e) Upon the repayment of the refund provided in subsection (c)(d) above, the member

shall again receive credit for the amount of total service which he or she had previously forfeited

by the acceptance of the refund.

     (f) The state shall deposit contributions for members of the state police initially hired on

or before July 1, 1987, from time to time (as provided in � 42-28-22.2) to be held in trust. The

proceeds of this trust shall pay retirement benefits under this section to participating members of

the state police or their beneficiaries. The retirement board shall establish rules and regulations to

govern the provisions of this section.


 

 

 

 

371)

Section

Amend Chapter Numbers:

 

42-28-22.2

205 and 271

 

 

42-28-22.2. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by � 42-28-22.1 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by (a) annually appropriating an amount which

that will pay a rate percent of the compensation paid after July 1, 1989, to members of the state

police hired after July 1, 1987, and (b) appropriating an amount which will amortize the unfunded

liability associated with the benefits payable to members of the state police hired on or before

July 1, 1987. The dollar amount specified in subsection (b) above shall be computed on an

actuarial basis using an eighteen-(18) year (18) amortization schedule commencing on July 1,

2015, taking into account an initial supplemental contribution from the state, and certified in

accordance with the procedures set forth in �� 36-8-13 and 36-10-2 under rules and regulations

promulgated by the retirement board pursuant to � 36-8-3. Such The contributions shall be

transmitted on the date contributions are withheld but no later than three (3) business days

following the pay period ending in which contributions were withheld.


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372)

Section

Amend Chapter Numbers:

 

42-61.2-3

7 and 8

 

 

42-61.2-3.3. Sports wagering regulation.

     (a) In addition to the powers and duties of the division director under �� 42-61-4, 42-

61.2-3, 42-61.2-4 and 42-61.2-3.1, and pursuant to � 42-61.2-2.4, the division director shall

promulgate rules and regulations relating to sports wagering and set policy therefor. These rules

and regulations shall establish standards and procedures for sports wagering and associated

devices, equipment, and accessories, and shall include, but not be limited to:

     (1) Approve standards, rules, and regulations to govern the conduct of sports wagering

and the system of wagering associated with sports wagering, including without limitation:

     (i) The objects of the sports wagering (i.e., the sporting events upon which sports-

wagering bets may be accepted) and methods of play, including what constitutes win, loss, or tie

bets;

     (ii) The manner in which sports-wagering bets are received, payoffs are remitted, and

point spreads, lines, and odds are determined for each type of available sports wagering bet;

     (iii) Physical characteristics of any devices, equipment, and accessories related to sports

wagering;

     (iv) The applicable inspection procedures for any devices, equipment, and accessories

related to sports wagering;

     (v) Procedures for the collection of bets and payoffs, including but not limited to,

requirements for internal revenue service purposes;

     (vi) Procedures for handling suspected cheating and sports-wagering irregularities; and

     (vii) Procedures for handling any defective or malfunctioning devices, equipment, and

accessories related to sports wagering;

     (viii) Procedures for investigation of patron complaints related to sports wagering;

     (ix) Terms and conditions for online sports wagering;

     (x) Internal controls for all aspects of online sports wagering, including procedures for

system integrity, system security, operations, accounting, and reporting of problem gamblers;

     (xi) Operational controls for server-based gaming systems, software, and hardware

utilized for online sports wagering, including, but not limited to, appearance, functionality,

contents, collection, storage, and retention of data and security; and

     (xii) Operational controls for online gaming accounts, including, but not limited to,

procedures for the establishment and closure of an online gaming account, funding of withdrawal

of funds from an online gaming account, and generation of an account statement for a patron's

online gaming account.;

     (2) Establishing the method for calculating sports-wagering revenue and online sports-

wagering revenue and standards for the daily counting and recording of cash and cash equivalents

received in the conduct of sports wagering, and ensuring that internal controls are followed and

financial books and records are maintained and audits are conducted;

     (3) Establishing the number and type of sports-wagering bets authorized at the hosting

facility, including any new sports-wagering bets or variations or composites of approved sports-

wagering bets, and all rules related thereto;

     (4) Establishing any sports-wagering rule changes, sports-wagering minimum and

maximum bet changes, and changes to the types of sports-wagering products offered at a

particular hosting facility, including but not limited to, any new sports-wagering bets or variations

or composites of approved sports-wagering bets, and including all rules related thereto;

     (5) Requiring the hosting facility and/or sports-wagering vendor to:

     (i) Provide written information at each sports-wagering location within the hosting

facility about wagering rules, payoffs on winning sports wagers, and written information

prominently displayed on any electronic platform available to the player through a server-based

gaming system and other information as the division may require;

     (ii) Provide specifications approved by the division to integrate and update the hosting

facility's surveillance system to cover all areas within the hosting facility where sports wagering

is conducted and other areas as required by the division. The specifications shall include

provisions providing the division and other persons authorized by the division with onsite access

to the system;

     (iii) Designate one or more locations within the hosting facility where sports-wagering

bets are received;

     (iv) Ensure that visibility in a hosting facility is not obstructed in any way that could

interfere with the ability of the division, the hosting facility, or other persons authorized under

this section or by the division to oversee the surveillance of the conduct of sports wagering;

     (v) Ensure that the count rooms for sports wagering have appropriate security for the

counting and storage of cash;

     (vi) Ensure that drop boxes are brought into or removed from an area where sports

wagering is conducted or locked or unlocked in accordance with procedures established by the

division;

     (vii) Designate secure locations for the inspection, service, repair, or storage of sports-

wagering equipment and for employee training and instruction to be approved by the division;

     (viii) Establish standards prohibiting persons under eighteen (18) years of age from

participating in sports wagering;

     (ix) Establish compulsive and problem gambling standards and/or programs pertaining to

sports wagering consistent with this chapter;

     (6) Establishing the minimal proficiency requirements for those individuals accepting

sports wagers and administering payoffs on winning sports wagers. The foregoing requirements

of this subsection may be in addition to any rules or regulations of the DBR requiring licensing of

personnel of state-operated gaming facilities;

     (7) Establish appropriate eligibility requirements and standards for traditional sports-

wagering equipment suppliers; and

     (8) Any other matters necessary for conducting sports wagering.

     (b) The hosting facility shall provide secure, segregated facilities as required by the

division on the premises for the exclusive use of the division staff and the gaming enforcement

unit of the state police. The space shall be located proximate to the gaming floor and shall include

surveillance equipment, monitors with full camera control capability, as well as other office

equipment that may be deemed necessary by the division. The location and size of the space and

necessary equipment shall be subject to the approval of the division.


 

 

 

 

373)

Section

Amend Chapter Numbers:

 

42-61.2-4

7 and 8

 

 

42-61.2-4. Additional powers and duties of director and lottery division.

     In addition to the powers and duties set forth in �� 42-61-4 and 42-61.2-3, the director

shall have the power to:

     (1) Supervise and administer the operation of video lottery games and sports wagering in

accordance with this chapter and with the rules and regulations of the division;

     (2) Suspend or revoke upon a hearing any license issued pursuant to this chapter or the

rules and regulations promulgated under this chapter;

     (3) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the

operation of a central communications system and technology providers, or any part thereof;

     (4) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the

provision of sports-wagering systems, facilities, and related technology necessary and/or

desirable for the state-operated sports wagering to be hosted at Twin River and the Tiverton

gaming facilities, including technology related to the operation of on-premises remote sports

wagering, or any part thereof; and

     (5) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the

provision of server-based gaming systems, facilities, and related technology necessary and/or

desirable for the state-operated online sports wagering; and

     (5)(6) Certify monthly to the budget officer, the auditor general, the permanent joint

committee on state lottery, and to the governor a full and complete statement of lottery revenues,

prize disbursements, and other expenses for the preceding month; ensure that monthly financial

reports are prepared providing gross monthly revenues, prize disbursements, other expenses, and

net income for keno and for all other lottery operations; submit this report to the state budget

officer, the auditor general, the permanent joint committee on state lottery, the legislative fiscal

advisors, and the governor no later than the twentieth business day following the close of the

month; at the end of each fiscal year the director shall submit an annual report based upon an

accrual system of accounting which that shall include a full and complete statement of lottery

revenues, prize disbursements, and expenses, to the governor and the general assembly, which

report shall be a public document and shall be filed with the secretary of state. The monthly report

shall be prepared in a manner prescribed by the members of the revenue estimating conference.


 

 

 

 

374)

Section

Amend Chapter Numbers:

 

42-61.2-5

7 and 8

 

 

42-61.2-5. Allocation of sports-wagering and online sports wagering revenue.

     (a) Notwithstanding the provisions of � 42-61-15, the division of lottery is authorized to

enter into an agreement, limited to in-person on-site sports wagering, to allocate sports-wagering

revenue derived from sports wagering and online sports wagering at the Twin River and Tiverton

gaming facilities (the hosting facilities) between the state, the state's authorized sports-wagering

vendor, and the host facilities. The allocation of sports-wagering revenue and online sports-

wagering revenue shall be:

     (1) To the state, fifty-one percent (51%) of sports-wagering revenue and online sports-

wagering revenue;

     (2) To the state's authorized sports-wagering vendor, thirty-two percent (32%) of sports-

wagering revenue and online sports-wagering revenue; and

     (3) To the host facilities, seventeen percent (17%) of sports-wagering revenue and online

sports-wagering revenue.

     (b) Sports-wagering revenue and online sports-wagering revenue allocated to the state

shall be deposited into the state lottery fund for administrative purposes and then the balance

remaining into the general fund.

     (c) The town of Lincoln shall be paid an annual flat fee of one hundred thousand dollars

($100,000) and the town of Tiverton shall be paid an annual flat fee of one hundred thousand

dollars ($100,000) in compensation for serving as the host communities for sports wagering.


 

 

 

 

 

375)

Section

Amend Chapter Numbers:

 

42-61.2-15

7 and 8

 

 

42-61.2-15. Table game and sports-wagering hours of operation.

     (a) To the extent table games are authorized at the premises of a table-game retailer, such

table games may be offered at the premises of a table-game retailer for all or a portion of the days

and times that video-lottery games are offered.

     (b) To the extent sports wagering is authorized at the premises of a table-game retailer,

such sports wagering may be offered at the premises of such table-game retailer for all or a

portion of the days and times that video-lottery games are offered.

     (c) To the extent online sports wagering is authorized at a hosting facility, such online

sports wagering may be offered without any restriction on hours of operation and shall not be

limited by the days and times that video-lottery games and/or table games are offered.


 

 

 

 

376)

Section

Add Chapter Numbers:

 

42-61.2-16

7 and 8

 

 

42-61.2-16. General requirements for online sports wagering.

     (a) Online sports wagering shall only occur within the state of Rhode Island. A hosting

facility shall only accept online wagers from players that who have been affirmatively located as

being physically present in the state of Rhode Island at the time of their wager.

     (b) The server-based gaming system shall employ a mechanism to detect the physical

location of a player when the player logs onto the system and as frequently as specified in any

regulations promulgated by the state, through the division. If the system detects that the physical

location of the patron is in an area outside the state of Rhode Island, the system shall not accept

that patron's wagers until such time as the patron is in the state of Rhode Island.

     (c) The server-based gaming system and all hardware, software, and other technology or

equipment located on a hosting facility's premises and used to conduct online sports wagering

shall be located in a restricted area on the hosting facility's premises.

     (d) Online sports wagering shall only be engaged in by patrons who have established an

online gaming account in person on the premises of a hosting facility.


 

 

 

 

377)

Section

Add Chapter Numbers:

 

42-64.13-1

40 and 53

 

 

42-64.13-13. Revision of regulations - appropriate disability language.

     The office of regulatory reform is authorized and empowered to ensure all regulations use

appropriate disability language, as required by � 43-3-7.1.


 

 

 

 

378)

Section

Amend Chapter Numbers:

 

42-64.14-5

88 and 308

 

 

42-64.14-5. The I-195 redevelopment district created.

     (a) The I-195 redevelopment district is hereby constituted as an independent public

instrumentality and body corporate and politic for the purposes set forth in this chapter with a

separate legal existence from the city of Providence and from the state and the exercise by the

commission of the powers conferred by this chapter shall be deemed and held to be the

performance of an essential public function. The boundaries of the district are established in � 37-

5-8. However, parcels P2 and P4, as delineated on that certain plan of land captioned

"Improvements to Interstate Route 195, Providence, Rhode Island, Proposed Development Parcel

Plans 1 through 10, Scale: 1" =20', May 2010, Bryant Associates, Inc., Engineers-Surveyors-

Construction Managers, Lincoln, RI, Maguire Group, Inc., Architects/Engineers/Planners,

Providence, RI," shall be developed and continued to be used as parks or park supporting activity;

provided, however, the commission may, from time to time, pursuant to action taken at a meeting

of the commission in public session, adjust the boundaries of parcel P4 provided that at all times

parcel P4 shall contain no fewer than one hundred eighty-six thousand one hundred eighty-six

square feet (186,186 ft2) of land and provided, further, that the city of Providence shall not be

responsible for the upkeep of the parks unless a memorandum of understanding is entered into

between the commission or the state and the city of Providence that grants full funding to the city

for that purpose.

     (b) The I-195 redevelopment district commission established in this chapter shall oversee,

plan, implement, and administer the development of the areas within the district consistent with

and subject to the city of Providence comprehensive plan adopted by the city pursuant to � 45-22-

2.1 45-22.2-1 et seq. and the city of Providence zoning ordinances pursuant to � 45-24-27 et seq.

as previously enacted by the city of Providence, and as may be enacted and/or amended from

time to time through July 1, 2012, or enacted and/or mended thereafter with the consent of the

commission.

     (c) The city of Providence shall not be required to install or pay for the initial installation

of any public or private utility infrastructure within the district.

     (d) It is the intent of the general assembly by the passage of this chapter to vest in the

commission all powers, authority, rights, privileges, and titles that may be necessary to enable it

to accomplish the purposes herein set forth, and this chapter and the powers granted hereby shall

be liberally construed in conformity with those purposes.


 

 

 

 

379)

Section

Amend Chapter Numbers:

 

42-66-4

110 and 130

 

 

42-66-4. Duties of the division.

     (a) The division shall be the principal agency of the state to mobilize the human,

physical, and financial resources available to plan, develop, and implement innovative programs

to ensure the dignity and independence of elderly persons, including the planning, development,

and implementation of a home- and long-term-care program for the elderly in the communities of

the state.

     (b)(1) The division shall serve as an advocate for the needs of the adult with a disability

as these needs and services overlap the needs and services of elderly persons.

     (2) The division shall serve as the state's central agency for the administration and

coordination of a long-term-care entry system, using community-based access points, that will

provide the following services related to long-term care: information and referral; initial

screening for service and benefits eligibility; and a uniform assessment program for state-

supported long-term care.

     (3) The division shall investigate reports of elder abuse, neglect, exploitation, or self-

neglect and shall provide and/or coordinate protective services.

     (c) To accomplish these objectives, the director is authorized:

     (1) To provide assistance to communities in solving local problems with regard to elderly

persons including, but not limited to, problems in identifying and coordinating local resources to

serve the needs of elderly persons;

     (2) To facilitate communications and the free flow of information between communities

and the offices, agencies, and employees of the state;

     (3) To encourage and assist communities, agencies, and state departments to plan,

develop, and implement home- and long-term care programs;

     (4) To provide and act as a clearinghouse for information, data, and other materials

relative to elderly persons;

     (5) To initiate and carry out studies and analyses that will aid in solving local, regional,

and statewide problems concerning elderly persons;

     (6) To coordinate those programs of other state agencies designed to assist in the solution

of local, regional, and statewide problems concerning elderly persons;

     (7) To advise and inform the governor on the affairs and problems of elderly persons in

the state;

     (8) To exercise the powers and discharge the duties assigned to the director in the fields

of health care, nutrition, homemaker services, geriatric day care, economic opportunity, local and

regional planning, transportation, and education and pre-retirement programs;

     (9) To further the cooperation of local, state, federal, and private agencies and institutions

providing for services or having responsibility for elderly persons;

     (10) To represent and act on behalf of the state in connection with federal grant programs

applicable to programs for elderly persons in the functional areas described in this chapter;

     (11) To seek, accept, and otherwise take advantage of all federal aid available to the

division, and to assist other agencies of the state, local agencies, and community groups in taking

advantage of all federal grants and subventions available for elderly persons and to accept other

sources of funds with the approval of the director of administration that shall be deposited as

general revenues;

     (12) To render advice and assistance to communities and other groups in the preparation

and submission of grant applications to state and federal agencies relative to programs for elderly

persons;

     (13) To review and coordinate those activities of agencies of the state and of any political

subdivision of the state at the request of the subdivision, that affect the full and fair utilization of

community resources for programs for elderly persons, and initiate programs that will help ensure

such utilization;

     (14) To encourage the formation of councils on aging and to assist local communities in

the development of the councils;

     (15) To promote and coordinate day-care facilities for the frail elderly who are in need of

supportive care and supervision during the daytime;

     (16) To provide and coordinate the delivery of in-home services to the elderly, as defined

under the rules and regulations adopted by the division of elderly affairs;

     (17) To advise and inform the public of the risks of accidental hypothermia;

     (18) To establish a clearinghouse for information and education of the elderly citizens of

the state, including, but not limited to, and subject to available funding, a web-based caregiver

support information center;

     (19) To establish and operate, in collaboration with the departments of behavioral health,

developmental disabilities and hospitals; human services; and children youth and families regular

community and aging service agencies supporting caregivers, a statewide family-caregiver

support association and a, a statewide family-caregiver resource network to provide and

coordinate family-caregiver training and support services to include counseling and elder

caregiver respite services, which shall be subject to available funding, and include home

health/homemaker care, adult day services, assisted living, and nursing facility care;

     (20) To supervise the citizens' commission for the safety and care of the elderly created

pursuant to the provisions of chapter 1.4 of title 12.

     (d) In order to assist in the discharge of the duties of the division, the director may

request from any agency of the state information pertinent to the affairs and problems of elderly

persons.


 

 

 

 

380)

Section

Amend Chapter Numbers:

 

42-66-8

107 and 142

 

 

42-66-8. Abuse, neglect, exploitation, and self-neglect of elderly persons -- Duty to

report.

     (a) Any person who has reasonable cause to believe that any person sixty (60) years of

age or older has been abused, neglected, or exploited, or is self-neglecting, shall make an

immediate report to the director of the department division of elderly affairs, or his or her

designee, or appropriate law enforcement personnel.. The division of elderly affairs may then

notify law enforcement if appropriate. This section applies to any person sixty (60) years of age

or older regardless of where he or she lives in the community.

     (b) Any physician, physician assistant, medical intern, registered nurse, licensed practical

nurse, nurse's aide, orderly, certified nursing assistant, medical examiner, dentist, optometrist,

optician, chiropractor, podiatrist, coroner, police officer, probation officer, ,emergency medical

technician, firefighter, speech pathologist, audiologist, social worker, pharmacist, physical or

occupational therapist, or health officer, who has reasonable cause to believe that any person sixty

(60) years of age or older has been abused, neglected, or exploited, or is self-neglecting, shall

make an immediate report to the director of the division of elderly affairs, or his or her designee.

The division of elderly affairs may then notify law enforcement if appropriate. This section

applies to any person sixty (60) years of age or older regardless of where he or she lives in the

community. Reporting requirements relating to individuals in health care facilities are further set

forth in � 23-17.8-2. The report pursuant to this section shall contain:

     (1) The name, address, telephone number, occupation, and employer's address and the

phone number of the person reporting;

     (2) The name and address of the patient or resident who is believed to be the victim of the

abuse, mistreatment, or neglect;

     (3) The details, observations, and beliefs concerning the incident(s);

     (4) Any statements regarding the incident made by the patient or resident and to whom

they were made;

     (5) The date, time, and place of the incident;

     (6) The name of any individual(s) believed to have knowledge of the incident;

     (7) The name of any individual(s) believed to have been responsible for the incident;

     (8) The name of the individual�s caretaker, if known;

     (9) Any medical treatment being received if immediately required and need to coordinate

care, if known;

     (10) Any other information the reporter believes relevant to the investigation; and

     (11) The name and address of the reporter and where the reporter can be contacted. The

Reporter's reporter�s identity shall remain confidential unless disclosure is consented to by the

reporter or by court order.

     (c) Individuals required to report pursuant to the provisions of subsection (b) of this

section shall, whenever practical and if known, provide twenty-four (24) hour (24) notice of

discharge to the department and shall include the address and telephone number of the individual

being discharged.

     (d) In cases of abuse, neglect, or exploitation, any person who fails to make the report

shall be punished by a fine of not more than one thousand dollars ($1,000). Nothing in this

section shall require an elder who is a victim of abuse, neglect, exploitation or who is self-

neglecting, to make a report regarding such abuse, neglect, exploitation, or self-neglect to the

director or his or her designee or appropriate law enforcement personnel. of the division of

elderly affairs, or his or her designee. The division of elderly affairs may then notify law

enforcement if appropriate.

     (e) No person required to report pursuant to the provisions of this section shall be liable

in any civil or criminal action by reason of the report; provided, however, that such person did not

perpetrate, inflict, or cause said the abuse. No employer or supervisor may discharge, demote,

transfer, reduce pay, benefits, or work privileges,; prepare a negative work performance

evaluation,; or take any other action detrimental to an employee or supervisee who files a report

in accordance with the provisions of this section by reason of such report.


 

 

 

 

 

381)

Section

Add Chapter Numbers:

 

42-66.13

113 and 124

 

 

CHAPTER 66.13

SUPPORTED DECISION-MAKING ACT


 

 

 

 

 

382)

Section

Add Chapter Numbers:

 

42-66.13-1

113 and 124

 

 

42-66.13-1. Short title.

     This chapter shall be known and may be cited as the "Supported Decision-Making Act."


 

 

 

 

383)

Section

Add Chapter Numbers:

 

42-66.13-2

113 and 124

 

 

42-66.13-2. Purpose.

     (a) The purpose of this chapter is to achieve all of the following:

     (1) Provide assistance in gathering and assessing information, making informed

decisions, and communicating decisions for adults who would benefit from decision-making

assistance;

     (2) Give supporters legal status to be with the adult and participate in discussions with

others when the adult is making decisions or attempting to obtain information;

     (3) Enable supporters to assist in making and communicating decisions for the adult but

not substitute as the decision maker for that adult; and

     (4) Establish the use of supported decision-making as an alternative to guardianship.

     (b) This chapter is to be administered and interpreted in accordance with all of the

following principles:

     (1) All adults should be able to choose to live in the manner they wish and to accept or

refuse support, assistance, or protection;

     (2) All adults should be able to be informed about and participate in the management of

their affairs; and

     (3) The values, beliefs, wishes, cultural norms, and traditions that adults hold, should be

respected in supporting adults to manage their affairs.


 

 

 

 

384)

Section

Add Chapter Numbers:

 

42-66.13-3

113 and 124

 

 

42-66.13-3. Definitions.

     For the purposes of this chapter:

     (1) "Adult" means an individual who is eighteen (18) years of age or older.

     (2) "Affairs" means personal, health care, and matters arising in the course of activities of

daily living and including those health care and personal affairs in which adults make their own

health care healthcare decisions, including monitoring their own health; obtaining, scheduling,

and coordinating health and support services; understanding health care healthcare information

and options; and making personal decisions, including those to provide for their own care and

comfort.

      (3) �Disability� means a physical or mental impairment that substantially limits one or

more major life activities of a person.

     (4) "Good faith" means honesty in fact and the observance of reasonable standards of fair

dealing.

     (5) "Immediate family member" means a spouse, child, sibling, parent, grandparent,

grandchild, stepparent, stepchild, or stepsibling.

     (6) "Person" means an adult; health care healthcare institution; health care healthcare

provider; corporation; partnership; limited-liability company; association; joint venture;

government; governmental subdivision, agency, or instrumentality; public corporation; or any

other legal or commercial entity.

     (7) "Principal" means an adult with a disability who seeks to enter, or has entered, into a

supported decision-making agreement with a supporter under this chapter.

     (8) "Supported decision-making" means a process of supporting and accommodating an

adult to enable the adult to make life decisions, including decisions related to where the adult

wants to live, the services, supports, and medical care the adult wants to receive, whom the adult

wants to live with, where the adult wants to work, without impeding the self-determination of the

adult.

     (9) "Supported decision-making agreement" or "the agreement" means an agreement

between a principal and a supporter entered into under this chapter.

     (10) "Supporter" means a person who is named in a supported decision-making

agreement and is not prohibited from acting pursuant to � 42-66.13-6(b).

     (11) "Support services" means a coordinated system of social and other services supplied

by private, state, institutional, or community providers designed to help maintain the

independence of an adult, including any of the following:

     (i) Homemaker-type services, including house repair, home cleaning, laundry, shopping,

and meal-provision;

     (ii) Companion-type services, including transportation, escort, and facilitation of written,

oral, and electronic communication;

     (iii) Visiting nurse and attendant care;

     (iv) Health care Healthcare provision;

     (v) Physical and psychosocial assessments;

     (vi) Legal assessments and advisement;

     (vii) Education and educational assessment and advisement;

     (viii) Hands-on treatment or care, including assistance with activities of daily living, such

as bathing, dressing, eating, range of motion, toileting, transferring, and ambulation;

     (ix) Care planning; and

     (x) Other services needed to maintain the independence of an adult.


 

 

 

 

385)

Section

Add Chapter Numbers:

 

42-66.13-4

113 and 124

 

 

42-66.13-4. Presumption of capacity.

     (a) All adults are presumed to be capable of managing their affairs and to have legal

capacity.

     (b) The manner in which an adult communicates with others is not grounds for deciding

that the adult is incapable of managing the adult's affairs.

     (c) Execution of a supported decision-making agreement may not be used as evidence of

incapacity and does not preclude the ability of the adult who has entered into such an agreement

to act independently of the agreement.


 

 

 

 

386)

Section

Add Chapter Numbers:

 

42-66.13-5

113 and 124

 

 

42-66.13-5. Supported decision-making agreements.

     (a) A supported decision-making agreement must include all of the following:

     (1) Designation of at least one supporter;

     (2) The types of decisions for which the supporter is authorized to assist; and

     (3) The types of decisions, if any, for which the supporter may not assist.

     (b) A supported decision-making agreement may include any of the following:

     (i) Designation of more than one supporter;

     (ii) Provision for an alternate to act in the place of a supporter in such circumstances as

may be specified in the agreement; and

     (iii) Authorization for a supporter to share information with any other supporter named in

the agreement, as a supporter believes is necessary.

     (c) A supported decision-making agreement is valid only if all of the following occur:

     (1) The agreement is in a writing that contains the elements of the form contained in �

42-66.13-10;

     (2) The agreement is dated; and

     (3) Each party to the agreement signed the agreement in the presence of two (2) adult

witnesses, or before a notary public.

     (d) The two (2) adult witnesses required by subsection (c)(3) of this section may not be

any of the following:

     (1) A supporter for the principal;

     (2) An employee or agent of a supporter named in the supported decision-making

agreement;

     (3) A paid provider of services to the principal; and

     (4) Any person who does not understand the type of communication the principal uses,

unless an individual who understands the principal's means of communication is present to assist

during the execution of the supported decision-making agreement.

     (e) A supported decision-making agreement must contain a separate declaration signed

by each supporter named in the agreement indicating all of the following:

     (1) The supporter's relationship to the principal;

     (2) The supporter's willingness to act as a supporter; and

     (3) The supporter's acknowledgement of the role of a supporter under this chapter.

     (f) A supported decision-making agreement may authorize a supporter to assist the

principal to decide whether to give or refuse consent to a life-sustaining procedure pursuant to the

provisions of chapters 4.10 and 4.11 of title 23.

     (g) A principal or a supporter may revoke a supported decision-making agreement at any

time in writing and with notice to the other parties to the agreement.


 

 

 

387)

Section

Add Chapter Numbers:

 

42-66.13-6

113 and 124

 

 

42-66.13-6. Supporters.

     (a) Except as otherwise provided by a supported decision-making agreement, a supporter

may do all of the following:

     (1) Assist the principal in understanding information, options, responsibilities, and

consequences of the principal's life decisions, including those decisions relating to the principal's

affairs or support services;

     (2) Help the principal access, obtain, and understand any information that is relevant to

any given life decision, including medical, psychological, or educational decisions, or any

treatment records or records necessary to manage the principal's affairs or support services;

     (3) Assist the principal in finding, obtaining, making appointments for, and implementing

the principal's support services or plans for support services;

     (4) Help the principal monitor information about the principal's affairs or support

services, including keeping track of future necessary or recommended services; and

     (5) Ascertain the wishes and decisions of the principal,; assist in communicating those

wishes and decisions to other persons,; and advocate to ensure that the wishes and decisions of

the principal are implemented.

     (b) Any of the following are disqualified from acting as a supporter:

     (1) A person who is an employer or employee of the principal, unless the person is an

immediate family member of the principal;

     (2) A person directly providing paid support services to the principal, unless the person is

an immediate family member of the principal; and

     (3) An individual against whom the principal has obtained an order of protection from

abuse or an individual who is the subject of a civil or criminal order prohibiting contact with the

principal.

     (c) A supporter shall act with the care, competence, and diligence ordinarily exercised by

individuals in similar circumstances, with due regard either to the possession of, or lack of,

special skills or expertise.


 

 

 

 

 

388)

Section

Add Chapter Numbers:

 

42-66.13-7

113 and 124

 

 

42-66.13-7. Recognition of supporters.

     A decision or request made or communicated with the assistance of a supporter in

conformity with this chapter shall be recognized for the purposes of any provision of law as the

decision or request of the principal and may be enforced by the principal or supporter in law or

equity on the same basis as a decision or request of the principal.


 

 

 

 

389)

Section

Add Chapter Numbers:

 

42-66.13-8

113 and 124

 

 

42-66.13-8. Access to information.

     (a) A supporter may assist the principal with obtaining any information to which the

principal is entitled, including, with a signed and dated specific consent, protected health

information under the Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104-

191], educational records under the Family Educational Rights and Privacy Act of 1974 [20

U.S.C. � 1232g], or information protected by 42 U.S.C.A. � 290dd-2, 42 C.F.R Part 2.

     (b) The supporter shall ensure all information collected on behalf of the principal under

this section is kept privileged and confidential, as applicable; is not subject to unauthorized

access, use, or disclosure; and is properly disposed of when appropriate.


 

 

 

 

 

390)

Section

Add Chapter Numbers:

 

42-66.13-9

113 and 124

 

 

42-66.13 -9. Reporting of suspected abuse, neglect, or exploitation.

     If a person who receives a copy of a supported decision-making agreement or is aware of

the existence of a supported decision-making agreement has cause to believe that the principal,

who is an adult with a developmental disability or an elder, is being abused, neglected, or

exploited by the supporter, the person shall report the alleged abuse, neglect, or exploitation

pursuant to �� 40.1-27-02 40.1-27-2, and 42-66-8.


 

 

 

 

 

391)

Section

Add Chapter Numbers:

 

42-66.13-10

113 and 124

 

 

42-66.13-10. Form of supported decision-making agreement.

     A supported decision-making agreement may be in any form not inconsistent with the

following form and the other requirements of this chapter. Use of the following form is presumed

to meet statutory provisions.

SUPPORTED DECISION-MAKING AGREEMENT

Appointment of Supporter

I, .....................................(insert your name), make this agreement of my own free will.

I agree and designate that:

Name:...............................

Address: .............................................

Phone Number: ...................................

E-mail Address: ....................................

is my supporter. My supporter may help me with making everyday life decisions relating to the

following:

     Y/N Obtaining food, clothing, and shelter

     Y/N Taking care of my health

     Y/N Other (specify):

______________________________________________________________________________

______________________________________________________________________________

I agree and designate that:

Name: ................................................

Address: ...................................

Phone Number:....................................

E-mail Address: ...........................................

is my supporter. My supporter may help me with making everyday life decisions relating to the

following:

     Y/N Obtaining food, clothing, and shelter

     Y/N Taking care of my physical health

     Y/N Other (specify):

______________________________________________________________________________

______________________________________________________________________________

My supporter(s) is (are) not allowed to make decisions for me. To help me with my decisions, my

supporter(s) may:

     (1) Help me access, collect, or obtain information that is relevant to a decision, including

medical, psychological, educational, or treatment records;

     (2) Help me gather and complete appropriate authorizations and releases;

     (3) Help me understand my options so I can make an informed decision; and

     (4) Help me communicate my decision to appropriate persons.

Effective Date of Supported Decision-Making Agreement

This supported decision-making agreement is effective immediately and will continue

until.................................(insert date) or until the agreement is terminated by my supporter or me

or by operation of law.

Signed this ..................day of .................., 20.............

Consent of Supporter

I, ...................................... (name of supporter), consent to act as a supporter under this agreement,

and acknowledge my responsibilities under chapter 66.13 of title 42.

.....................................................................................................................................................

(Signature of supporter) (Printed name of supporter)

My relationship to the principal is: .................................................

I, ........................................... (Name of supporter), consent to act as a supporter under this

agreement, and acknowledge my responsibilities under chapter 66.13 of title 42.

.......................................................................................................................................................

(Signature of supporter) (Printed name of supporter)

My relationship to the principal is: ..........................................................

Consent of the Principal

.......................................................................................................................................................

(My signature) (My printed name)

Witnesses or Notary

...........................................................................................................................................................

(Witness 1 signature) (Printed name of witness 1)

...........................................................................................................................................................

(Witness 2 signature) (Printed name of witness 2)

Or

State of .....................................

County of ..................................

This document was acknowledged before me on (date) by

...................................................................... and ............................................................................. .

(Name of adult with a disability) (Name of supporter)

.......................................................................

(Signature of notarial officer)

(Seal, if any, of notary)

.......................................................................

(Printed name)

My commission expires: ................................................


 

 

 

 

 392)

Section

Amend Chapter Numbers:

 

42-73-2.3

56 and 70

 

 

42-73-2.3. Child fatality reviews.

     (a) The department of children, youth and families shall notify the office of the child

advocate verbally and electronically within forty-eight (48) hours of a confirmed fatality or near

fatality of a child who is the subject of a DCYF case and shall provide the office of the child

advocate with access to any written material about the case.

     (b) The child advocate, working with a voluntary and confidential child-fatality-review

panel, whose members may vary on a case-by-case basis, shall review the case records of all

notifications in accordance with � 42-73-2.3(a) subsection (a) of fatalities and near fatalities of

children under twenty-one (21) years of age, if:

     (1) The fatality or near fatality occurs while in the custody of, or involved with, the

department, or if the child's family previously received services from the department;

     (2) The fatality or near fatality is alleged to be from abuse or neglect of the child and the

child or child's family had prior contact with the department; or

     (3) A sibling, household member, or day care provider has been the subject of a child

abuse and neglect investigation within the previous twelve (12) months, including, without

limitation, cases in which the report was unsubstantiated or the investigation is currently pending.

     (c) The child-fatality-review panel shall assess and analyze such cases; make

recommendations regarding such cases; and make recommendations for improvements to laws,

policies, and practices that support the safety of children. Each report shall be made public within

thirty (30) days of its completion.

     (d) The members of the child-fatality-review panel, established in accordance with this

section, shall be subject to the confidentiality provisions of � 42-73-10.

     (e) The child advocate shall publicly announce the convening of a child-fatality-review

panel, including the age of the child involved.


 

 

 

 

393)

Section

Amend Chapter Numbers:

 

43-3-7.1

40 and 53

 

 

43-3-7.1. Use of appropriate disability language.

     (a) Whenever the terms "the handicapped,", "handicap person,", or "handicapped person"

are used in the general laws, they shall the law revision director shall, unless they the director

determine determines it could alter the intent of the statute, recommend that they be replaced

with the words "persons with disabilities" or "person with a disability," inclusive, and whenever

the term "handicap" is used in the general laws, it shall the law revision director shall, unless they

the director determine determines it could alter the intent of the statute, recommend that it be

replaced with the word "disability"; provided that this section shall not be applied retroactively

but shall only be applied prospectively.

     (b) Whenever the term terms "developmental disability" or "developmental disabilities"

or "mentally retarded" or "retarded" are used in the general laws, the law revision director shall,

unless they the director determines it could alter the intent of the statute, recommend that they be

replaced with the words "intellectual and developmental disability" or "person with an intellectual

and developmental disability", if the context so requires.

     (c) Whenever the term terms "substance abuse" or "addict" are used in the general laws,

the law revision director shall, unless they the director determines it could alter the intent of the

statute, recommend that they be replaced with the words "substance use disorder" or "person with

a substance use disorder", if the context so requires.

     (b)(d) Whenever an act, resolution, statute, regulation, guideline, directive, or other

document of a governmental entity refers to people with disabilities, terms that stigmatize, like

"the handicapped", "the disabled", "the blind", "the deaf", "the hearing impaired", "cerebral

palsied", "paralytic", "epileptic", "confined to a wheelchair", "wheelchair bound", "lunatic",

"idiot", "defective", "deformed", "victim", "suffers from", "mentally retarded", "retarded",

"addict", "substance abuser", etc., shall not be used. Language that puts the "person first", rather

than the impairment or assistive device, such as "person with a disability", "child who has mental

illness", "worker who is deaf", "voter who uses a wheelchair", "person who is hard-of-hearing",

shall be used.


 

 

 

 

394)

Section

Amend Chapter Numbers:

 

44-3-3

159 and 167

 

 

44-3-3. Property exempt.

     (a) The following property is exempt from taxation:

     (1) Property belonging to the state, except as provided in � 44-4-4.1;

     (2) Lands ceded or belonging to the United States;

     (3) Bonds and other securities issued and exempted from taxation by the government of

the United States or of this state;

     (4) Real estate, used exclusively for military purposes, owned by chartered or

incorporated organizations approved by the adjutant general and composed of members of the

national guard, the naval militia, or the independent, chartered-military organizations;

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

far as the buildings and land are occupied and used exclusively for religious or educational

purposes;

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

owned by, or held in trust for, any religious organization and actually used by its officiating

clergy; provided, further, that in the town of Charlestown, where the property previously

described in this paragraph is exempt in total, along with dwelling houses and the land on which

they stand in Charlestown, not exceeding one acre in size, or the minimum lot size for zone in

which the dwelling house is located, whichever is the greater, owned by, or held in trust for, any

religious organization and actually used by its officiating clergy, or used as a convent, nunnery, or

retreat center by its religious order;

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

organization, if the principal or income is used or appropriated for religious or charitable

purposes;

     (8) Buildings and personal estate owned by any corporation used for a school, academy,

or seminary of learning, and of any incorporated public charitable institution, and the land upon

which the buildings stand and immediately surrounding them to an extent not exceeding one acre,

so far as they are used exclusively for educational purposes, but no property or estate whatever is

hereafter exempt from taxation in any case where any part of its income or profits, or of the

business carried on there, is divided among its owners or stockholders; provided, however, that

unless any private nonprofit corporation organized as a college or university located in the town

of Smithfield reaches a memorandum of agreement with the town of Smithfield, the town of

Smithfield shall bill the actual costs for police, fire, and rescue services supplied, unless

otherwise reimbursed, to said corporation commencing March 1, 2014;

     (9) Estates, persons, and families of the president and professors for the time being of

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's

estate, person, and family included, but only to the extent that any person had claimed and

utilized the exemption prior to, and for a period ending, either on or after December 31, 1996;

     (10) Property especially exempt by charter unless the exemption has been waived in

whole or in part;

     (11) Lots of land exclusively for burial grounds;

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

free public library, or any free public library society, so far as the property is held exclusively for

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

generally, or for a nonprofit hospital for the sick or disabled;

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

organizations of veterans of any war in which the United States has been engaged, the parent

body of which has been incorporated by act of Congress, to the extent of four hundred thousand

dollars ($400,000) if actually used and occupied by the association; provided, that the city council

of the city of Cranston may by ordinance exempt the real or personal estate as previously

described in this subdivision located within the city of Cranston to the extent of five hundred

thousand dollars ($500,000);

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

body created to build and maintain a building or buildings for its meetings or the meetings of the

general assembly of its members, or subordinate bodies of the fraternity, and for the

accommodation of other fraternal bodies or associations, the entire net income of which real and

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

asylums, a home or homes, a school or schools, for the free education or relief of the members of

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity,

their wives, widows, or orphans, and any fund given or held for the purpose of public education,

almshouses, and the land and buildings used in connection therewith;

     (15) Real estate and personal property of any incorporated volunteer fire engine company

or incorporated volunteer ambulance or rescue corps in active service;

     (16) The estate of any person who, in the judgment of the assessors, is unable from

infirmity or poverty to pay the tax; provided, that in the towns of Burrillville and West

Greenwich, the tax shall constitute a lien for five (5) years on the property where the owner is

entitled to the exemption. At the expiration of five (5) years, the lien shall be abated in full.

Provided, if the property is sold or conveyed, or if debt secured by the property is refinanced

during the five-year (5) period, the lien immediately becomes due and payable; any person

claiming the exemption aggrieved by an adverse decision of an assessor shall appeal the decision

to the local board of tax review and thereafter according to the provisions of � 44-5-26;

     (17) Household furniture and family stores of a housekeeper in the whole, including

clothing, bedding, and other white goods, books, and all other tangible personal property items

that are common to the normal household;

     (18) Improvements made to any real property to provide a shelter and fallout protection

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided,

that the improvements meet applicable standards for shelter construction established, from time to

time, by the Rhode Island emergency management agency. The improvements are deemed to

comply with the provisions of any building code or ordinance with respect to the materials or the

methods of construction used and any shelter or its establishment is deemed to comply with the

provisions of any zoning code or ordinance;

     (19) Aircraft for which the fee required by � 1-4-6 has been paid to the tax administrator;

     (20) Manufacturer's inventory.

     (i) For the purposes of �� 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to

be a manufacturer within a city or town within this state if that person uses any premises, room,

or place in it primarily for the purpose of transforming raw materials into a finished product for

trade through any or all of the following operations: adapting, altering, finishing, making, and

ornamenting; provided, that public utilities; non-regulated power producers commencing

commercial operation by selling electricity at retail or taking title to generating facilities on or

after July 1, 1997; building and construction contractors; warehousing operations, including

distribution bases or outlets of out-of-state manufacturers; and fabricating processes incidental to

warehousing or distribution of raw materials, such as alteration of stock for the convenience of a

customer; are excluded from this definition;

     (ii) For the purposes of this section and �� 44-4-10 and 44-5-38, the term "manufacturer's

inventory", or any similar term, means and includes the manufacturer's raw materials, the

manufacturer's work in process, and finished products manufactured by the manufacturer in this

state, and not sold, leased, or traded by the manufacturer or its title or right to possession

divested; provided, that the term does not include any finished products held by the manufacturer

in any retail store or other similar selling place operated by the manufacturer whether or not the

retail establishment is located in the same building in which the manufacturer operates the

manufacturing plant;

     (iii) For the purpose of � 44-11-2, a "manufacturer" is a person whose principal business

in this state consists of transforming raw materials into a finished product for trade through any or

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

principally engaged if the gross receipts that person derived from the manufacturing operations in

this state during the calendar year or fiscal year mentioned in � 44-11-1 amounted to more than

fifty percent (50%) of the total gross receipts that person derived from all the business activities

in which that person engaged in this state during the taxable year. For the purpose of computing

the percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

products manufactured by the manufacturer in this state, even though the manufacturer's store or

other selling place may be at a different location from the location of the manufacturer's

manufacturing plant in this state, are deemed to have been derived from manufacturing;

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

"manufacturer" also includes persons who are principally engaged in any of the general activities

coded and listed as establishments engaged in manufacturing in the Standard Industrial

Classification Manual prepared by the Technical Committee on Industrial Classification, Office

of Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

revised from time to time, but eliminating as manufacturers those persons, who, because of their

limited type of manufacturing activities, are classified in the manual as falling within the trade

rather than an industrial classification of manufacturers. Among those thus eliminated, and

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

primarily engaged in selling, to the general public, products produced on the premises from which

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

custom tailors, except, that a person who manufactures bakery products for sale primarily for

home delivery, or through one or more non-baking retail outlets, and whether or not retail outlets

are operated by the person, is a manufacturer within the meaning of this paragraph;

     (v) The term "Person" means and includes, as appropriate, a person, partnership, or

corporation; and

     (vi) The department of revenue shall provide to the local assessors any assistance that is

necessary in determining the proper application of the definitions in this subdivision;

     (21) Real and tangible personal property acquired to provide a treatment facility used

primarily to control the pollution or contamination of the waters or the air of the state, as defined

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been

constructed, reconstructed, erected, installed, or acquired in furtherance of federal or state

requirements or standards for the control of water or air pollution or contamination, and certified

as approved in an order entered by the director of environmental management. The property is

exempt as long as it is operated properly in compliance with the order of approval of the director

of environmental management; provided, that any grant of the exemption by the director of

environmental management in excess of ten (10) years is approved by the city or town in which

the property is situated. This provision applies only to water and air pollution control properties

and facilities installed for the treatment of waste waters and air contaminants resulting from

industrial processing; furthermore, it applies only to water or air pollution control properties and

facilities placed in operation for the first time after April 13, 1970;

     (22) New manufacturing machinery and equipment acquired or used by a manufacturer

and purchased after December 31, 1974. Manufacturing machinery and equipment is defined as:

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

development or for quality assurance of its manufactured products;

     (ii) Machinery and equipment that is partially used in the actual manufacture or

conversion of raw materials or goods in process of manufacture by a manufacturer, as defined in

subdivision (20), and machinery, fixtures, and equipment used by a manufacturer for research and

development or for quality assurance of its manufactured products, to the extent to which the

machinery and equipment is used for the manufacturing processes, research and development, or

quality assurance. In the instances where machinery and equipment is used in both manufacturing

and/or research and development and/or quality assurance activities and non-manufacturing

activities, the assessment on machinery and equipment is prorated by applying the percentage of

usage of the equipment for the manufacturing, research and development, and quality-assurance

activity to the value of the machinery and equipment for purposes of taxation, and the portion of

the value used for manufacturing, research and development, and quality assurance is exempt

from taxation. The burden of demonstrating this percentage usage of machinery and equipment

for manufacturing and for research and development and/or quality assurance of its manufactured

products rests with the manufacturer; and

     (iii) Machinery and equipment described in �� 44-18-30(7) and 44-18-30(22) that was

purchased after July 1, 1997; provided that the city or town council of the city or town in which

the machinery and equipment is located adopts an ordinance exempting the machinery and

equipment from taxation. For purposes of this subsection, city councils and town councils of any

municipality may, by ordinance, wholly or partially exempt from taxation the machinery and

equipment discussed in this subsection for the period of time established in the ordinance and

may, by ordinance, establish the procedures for taxpayers to avail themselves of the benefit of

any exemption permitted under this section; provided, that the ordinance does not apply to any

machinery or equipment of a business, subsidiary, or any affiliated business that locates or

relocates from a city or town in this state to another city or town in the state;

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

process of melting or refining, and that is in a state or condition that its value depends upon its

content and not its form. The term does not include fabricated precious metal that has been

processed or manufactured for some one or more specific and customary industrial, professional,

or artistic uses;

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

equipment to generate hydroelectric power;

     (25) Subject to authorization by formal action of the council of any city or town, any real

or personal property owned by, held in trust for, or leased to an organization incorporated under

chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set

out in � 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

another state or the District of Columbia, the purpose of which is the conserving of open space, as

that term is defined in chapter 36 of title 45, as amended, provided the property is used

exclusively for the purposes of the organization;

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

recovery of materials (other than precious metals, as defined in � 44-18-30(24)(ii) and (iii)), from,

or the treatment of "hazardous wastes", as defined in � 23-19.1-4, where the "hazardous wastes"

are generated primarily by the same taxpayer and where the personal property is located at, in, or

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

from the director of the department of environmental management certifying that the tangible

personal property has this function, which order effects a conclusive presumption that the tangible

personal property qualifies for the exemption under this subdivision. If any information relating

to secret processes or methods of manufacture, production, or treatment is disclosed to the

department of environmental management only to procure an order, and is a "trade secret" as

defined in � 28-21-10(b), it shall not be open to public inspection or publicly disclosed unless

disclosure is otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

     (27) Motorboats as defined in � 46-22-2 for which the annual fee required in � 46-22-4

has been paid;

     (28) Real and personal property of the Providence Performing Arts Center, a non-

business corporation as of December 31, 1986;

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

religious organization located in the city of Cranston;

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the

Providence YMCA Building;

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the

properties designated as the Meeting Street National Center of Excellence on Eddy Street in

Providence, Rhode Island;

     (32) The buildings, personal property, and land upon which the buildings stand, located

on Pomham Island, East Providence, currently identified as Assessor's Map 211, Block 01, Parcel

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet

and is located approximately eight hundred sixty feet (860'), more or less, from the shore, and

limited exclusively to these said buildings, personal estate and land, provided that said property is

owned by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is

used exclusively for a lighthouse;

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

     (34) Real and tangible personal property of St. Mary Academy -- Bay View, located in

East Providence, Rhode Island;

     (35) Real and personal property of East Bay Community Action Program and its

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt

corporation under � 501(c)(3) of the United States Internal Revenue Code;

     (36) Real and personal property located within the city of East Providence of the

Columbus Club of East Providence, a Rhode Island charitable nonprofit corporation;

     (37) Real and personal property located within the city of East Providence of the

Columbus Club of Barrington, a Rhode Island charitable nonprofit corporation;

     (38) Real and personal property located within the city of East Providence of Lodge 2337

BPO Elks, a Rhode Island nonprofit corporation;

     (39) Real and personal property located within the city of East Providence of the St.

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

     (40) Real and personal property located within the city of East Providence of the Trustees

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

nonprofit corporation;

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within

the city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

     (42) Real and personal property located within the city of East Providence of the Cape

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

affiliated and in good standing with a national, congressionally chartered organization and

thereby adheres to that organization's standards and provides activities designed for recreational,

educational, and character building purposes for children from ages six (6) years to seventeen

(17) years;

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

School; provided, that the organization is qualified as a tax-exempt corporation under � 501(c)(3)

of the United States Internal Revenue Code;

     (45) The real and personal property located within the town of West Warwick at 211

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

Greenwich, a Rhode Island nonprofit corporation;

     (46) Real and personal property of the Comprehensive Community Action Program, a

qualified tax-exempt corporation under � 501(c)(3) of the United States Internal Revenue Code;

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

     (48) Renewable energy resources, as defined in � 39-26-5, used in residential systems

and associated equipment used therewith in service after December 31, 2015;

     (49) Renewable energy resources, as defined in � 39-26-5, if employed by a

manufacturer, as defined in subsection (a) of this section, shall be exempt from taxation in

accordance with subsection (a) of this section;

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under �

501(c)(3) of the United States Internal Revenue Code;

     (51) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Charlestown's community limits, subject to authorization by

formal action of the town council of the town of Charlestown;

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

East Greenwich, identified as assessor's map 027, plat 019, lot 071, and known as the New

England Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under � 501(c)(3)

of the United States Internal Revenue Code;

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

the city of Woonsocket, specifically identified as the following assessor's plats and lots: Logee

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

corporation, located in Providence, Rhode Island;

     (55) Real and personal property located within the town of West Warwick of Tides

Family Services, Inc., a Rhode Island nonprofit corporation;

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

     (57) Real and personal property located within the town of Middletown of Lucy's Hearth,

a Rhode Island nonprofit corporation;

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island--

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

Island;

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

corporation, located in the town of West Warwick at 1249 Main Street;

     (60) Real and personal property located at 321 Main Street, within the town of South

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under �

501(c)(3) of the United States Internal Revenue Code;

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit �

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

council of Pawtucket may from time to time determine;

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

Inc., dba "Pet Refuge," 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

Kingstown, Rhode Island;

     (63) Real and personal property located within the city of East Providence of Foster

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

nonprofit corporation; and

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island

nonprofit corporation.; and

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as

plat 406, block 6, lot 6, and plat 506, block 1, lot 8.

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

value of its real property shall be the value determined by the most recent full revaluation or

statistical property update performed by the city or town; provided, however, in the year a

nonprofit hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-

profit hospital facility is initially established, the value of the real property and personal property

of the for-profit hospital facility shall be determined by a valuation performed by the assessor for

the purpose of determining an initial assessed value of real and personal property, not previously

taxed by the city or town, as of the most recent date of assessment pursuant to � 44-5-1, subject to

a right of appeal by the for-profit hospital facility which shall be made to the city or town tax

assessor with a direct appeal from an adverse decision to the Rhode Island superior court business

calendar.

     A "for-profit hospital facility" includes all real and personal property affiliated with any

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-

profit hospital facility under � 44-3-9 or other laws specific to the particular city or town relating

to stabilization agreements. In a year in which a nonprofit hospital facility converts to, or

otherwise becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise

established, in that year only the amount levied by the city or town and/or the amount payable

under the stabilization agreement for that year related to the for-profit hospital facility shall not be

counted towards determining the maximum tax levy permitted under � 44-5-2.


 

 

 

 

395)

Section

Amend Chapter Numbers:

 

44-3-4

158 and 165

 

 

44-3-4. Veterans' exemptions.

     (a)(1) The property of each person who served in the military or naval service of the

United States in the war of the rebellion, the Spanish-American war, the insurrection in the

Philippines, the China-relief expedition, or World War I, and the property of each person who

served in the military or naval service of the United States in World War II at any time during the

period beginning December 7, 1941, and ending on December 31, 1946, and the property of each

person who served in the military or naval services of the United States in the Korean conflict at

any time during the period beginning June 27, 1950, and ending January 31, 1955, or in the

Vietnam conflict at any time during the period beginning February 28, 1961, and ending May 7,

1975, or who actually served in the Grenada or Lebanon conflicts of 1983-1984, or the Persian

Gulf conflict, the Haitian conflict, the Somalian conflict, and the Bosnian conflict, at any time

during the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or

undeclared war and who was honorably discharged from the service, or who was discharged

under conditions other than dishonorable, or who, if not discharged, served honorably, or the

property of the unmarried widow or widower of that person, is exempted from taxation to the

amount of one thousand dollars ($1,000), except in:

     (i) Burrillville, where the exemption is four thousand dollars ($4,000);

     (ii) Cumberland, where the town council may, by ordinance, provide for an exemption of

a maximum of twenty-three thousand seven hundred seventy-two dollars ($23,772);

     (iii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000);

     (iv) Jamestown, where the town council may, by ordinance, provide for an exemption for

veterans, and a tax credit for one hundred percent (100%) service-related disabled veterans at the

discretion of the council a tax credit or exemption to any veteran of the United States armed

services regardless of their qualified service dates, who was honorably discharged or who was

discharged under conditions other than dishonorable;

     (v) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000); and

where the town council may also provide for a real estate tax exemption not exceeding ten

thousand dollars ($10,000) for those honorably discharged active duty veterans who served in

Operation Desert Storm;

     (vi) Newport, where the exemption is four thousand dollars ($4,000);

     (vii) New Shoreham, where the town council may, by ordinance, provide for an

exemption of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (viii) North Kingstown, where the exemption is ten thousand dollars ($10,000);

     (ix) North Providence, where the town council may, by ordinance, provide for an

exemption of a maximum of five thousand dollars ($5,000);

     (x) [As amended by P.L. 2015, ch. 168, � 1]. Smithfield, where the exemption is ten

thousand dollars ($10,000);

     (x) [As amended by P.L. 2015, ch. 179, � 1]. Smithfield, where the exemption is four

thousand dollars ($4,000). Provided, effective July 1, 2016, the Smithfield town council may, by

ordinance, provide for an exemption of a maximum of ten thousand dollars ($10,000);

     (xi) Warren, where the exemption shall not exceed five thousand five hundred dollars

($5,500) on motor vehicles, or ten thousand one hundred seventy-five dollars ($10,175) on real

property;

     (xii) Westerly, where the town council may, by ordinance, provide an exemption of the

total value of the veterans' real and personal property to a maximum of forty thousand five

hundred dollars ($40,500);

     (xiii) Barrington, where the town council may, by ordinance, provide for an exemption of

six thousand dollars ($6,000) for real property;

     (xiv) Exeter, where the exemption is five thousand dollars ($5,000);

     (xv) Glocester, where the exemption shall not exceed thirty thousand dollars ($30,000);

     (xvi) West Warwick, where the city council may, by ordinance, provide for an exemption

of up to ten thousand dollars ($10,000);

     (xvii) Warwick, where the city council may, by ordinance, provide for an exemption of a

maximum of four thousand dollars ($4,000);

     (xviii) [As added by P.L 2016, ch. 238, � 1]. Charlestown, where the town council may,

by ordinance, provide for an additional exemption to any veteran of the United States armed

services, regardless of the veteran's qualified service dates, who was honorably discharged, or to

the unmarried widow or widower of that person who is not currently receiving this statutory

exemption;

     (xix) [As added by P.L 2016, ch. 268, � 1]. Charlestown, where the town council may, by

ordinance, provide for an additional tax credit to any veteran of the United States armed services,

regardless of the veteran's qualified service dates, who was honorably discharged, or to the

unmarried widow or widower of that person who is not currently receiving this statutory

exemption;

     (xx) Narragansett, where the town council may, by ordinance, provide for an exemption

of a maximum of twenty thousand dollars ($20,000) from the assessed value of real property, or

twelve thousand dollars ($12,000) from the assessed value of a motor vehicle; and

     (xxi) Tiverton, where the town council may provide, by ordinance as may be amended

from time to time, a tax credit of two hundred dollars ($200) or greater.

     (2) The exemption is applied to the property in the municipality where the person resides,

and if there is not sufficient property to exhaust the exemption, the person may claim the balance

in any other city or town where the person may own property; provided, that the exemption is not

allowed in favor of any person who is not a legal resident of the state, or unless the person

entitled to the exemption has presented to the assessors, on or before the last day on which sworn

statements may be filed with the assessors for the year for which exemption is claimed, evidence

that he or she is entitled, which evidence shall stand so long as his or her legal residence remains

unchanged; provided, however, that in the town of South Kingstown, the person entitled to the

exemption shall present to the assessors, at least five (5) days prior to the certification of the tax

roll, evidence that he or she is entitled to the exemption; and, provided, further, that the

exemption provided for in this subdivision to the extent that it applies in any city or town, shall be

applied in full to the total value of the person's real and tangible personal property located in the

city or town; and, provided, that there is an additional exemption from taxation in the amount of

one thousand dollars ($1,000), except in:

     (i) Central Falls, where the city council may, by ordinance, provide for an exemption of a

maximum of seven thousand five hundred dollars ($7,500);

     (ii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000);

     (iii) Cumberland, where the town council may, by ordinance, provide for an exemption of

a maximum of twenty-two thousand five hundred dollars ($22,500);

     (iv) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000);

     (v) Newport, where the exemption is four thousand dollars ($4,000);

     (vi) New Shoreham, where the town council may, by ordinance, provide for an

exemption of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (vii) North Providence, where the town council may, by ordinance, provide for an

exemption of a maximum of five thousand dollars ($5,000);

     (viii) Smithfield, where the exemption is four thousand dollars ($4,000);

     (ix) Warren, where the exemption shall not exceed eleven thousand dollars ($11,000);

     (x) Barrington, where the town council may, by ordinance, provide for an exemption of

six thousand dollars ($6,000) for real property; of the property of every honorably discharged

veteran of World War I or World War II, Korean or Vietnam, Grenada or Lebanon conflicts, the

Persian Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict at any

time during the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or

undeclared war who is determined by the Veterans Administration of the United States of

America to be totally disabled through service-connected disability and who presents to the

assessors a certificate from the veterans administration that the person is totally disabled, which

certificate remains effectual so long as the total disability continues; and

     (xi) Charlestown, where the town council may, by ordinance, create a tax dollar credit

reduction to replace the tax assessment exemption, as so stated in all sections herein.; and

     (xii) Jamestown, where the town council may, by ordinance, provide for an exemption to

any veteran of the United States armed services regardless of their qualified service dates, who

was honorably discharged or who was discharged under conditions other than dishonorable, or to

the unmarried widow or widower of that person who is not currently receiving this statutory

exemption.

     (3) Provided, that:

     (i) Burrillville may exempt real property of the totally disabled persons in the amount of

six thousand dollars ($6,000);

     (ii) Cumberland town council may, by ordinance, provide for an exemption of a

maximum of twenty-two thousand five hundred dollars ($22,500);

     (iii) Little Compton may, by ordinance, exempt real property of each of the totally

disabled persons in the amount of six thousand dollars ($6,000);

     (iv) Middletown may exempt the real property of each of the totally disabled persons in

the amount of five thousand dollars ($5,000);

     (v) New Shoreham town council may, by ordinance, provide for an exemption of a

maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (vi) North Providence town council may, by ordinance, provide for an exemption of a

maximum of five thousand dollars ($5,000);

     (vii) The Tiverton town council may, by ordinance which may be amended from time to

time, provide for a four-hundred-dollar ($400) tax credit or greater on the real property of each of

the totally disabled persons;

     (viii) West Warwick town council may exempt the real property of each of the totally

disabled persons in an amount of two hundred dollars ($200); and

     (ix) Westerly town council may, by ordinance, provide for an exemption on the total

value of real and personal property to a maximum of forty-six thousand five hundred dollars

($46,500).; and

     (x) Jamestown, where the town council may, by ordinance, provide for an additional tax

credit or exemption on real and personal property to any veteran of the United States armed

services regardless of their qualified service dates, who is considered one hundred percent (100%)

totally disabled through a service connected disability and who was honorably discharged or who

was discharged under conditions other than dishonorable, or to the unmarried widow or widower

of that person who is not currently receiving this statutory exemption.

     (4) There is an additional exemption from taxation in the town of:

     Warren, where its town council may, by ordinance, provide for an exemption not

exceeding eight thousand two hundred fifty dollars ($8,250), of the property of every honorably

discharged veteran of World War I or World War II, or Vietnam, Grenada or Lebanon conflicts,

the Persian Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict, at

any time during the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict

or undeclared war who is determined by the Veterans' Administration of the United States of

America to be partially disabled through a service-connected disability and who presents to the

assessors a certificate that he or she is partially disabled, which certificate remains effectual so

long as the partial disability continues. Provided, however, that the Barrington town council may

exempt real property of each of the above named persons in the amount of three thousand dollars

($3,000); Warwick city council may, by ordinance, exempt real property of each of the above-

named persons and to any person who served in any capacity in the military or naval service

during the period of time of the Persian Gulf conflict, whether or not the person served in the

geographical location of the conflict, in the amount of four thousand dollars ($4,000).

     (5) Lincoln . There is an additional exemption from taxation in the town of Lincoln for

the property of each person who actually served in the military or naval service of the United

States in the Persian Gulf conflict and who was honorably discharged from the service, or who

was discharged under conditions other than dishonorable, or who, if not discharged, served

honorably, or of the unmarried widow or widower of that person. The exemption shall be

determined by the town council in an amount not to exceed ten thousand dollars ($10,000).

     (b) In addition to the exemption provided in subsection (a) of this section, there is a ten-

thousand dollar ($10,000) exemption from local taxation on real property for any veteran and the

unmarried widow or widower of a deceased veteran of the military or naval service of the United

States who is determined, under applicable federal law by the Veterans Administration of the

United States, to be totally disabled through service-connected disability and who, by reason of

the disability, has received assistance in acquiring "specially adopted housing" under laws

administered by the veterans' administration; provided, that the real estate is occupied as his or

her domicile by the person; and, provided, that if the property is designed for occupancy by more

than one family, then only that value of so much of the house as is occupied by the person as his

or her domicile is exempted; and, provided, that satisfactory evidence of receipt of the assistance

is furnished to the assessors except in:

     (1) Cranston, where the exemption shall not exceed thirty thousand dollars ($30,000);

     (2) Cumberland, where the town council may provide for an exemption not to exceed

seven thousand five hundred dollars ($7,500);

     (3) Newport, where the exemption is ten thousand dollars ($10,000) or ten percent (10%)

of assessed valuation, whichever is greater;

     (4) New Shoreham, where the town council may, by ordinance, provide for an exemption

of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (5) North Providence, where the town council may, by ordinance, provide for an

exemption not to exceed twelve thousand five hundred dollars ($12,500);

     (6) Westerly, where the town council may, by ordinance, provide for an exemption of a

maximum of forty thousand five hundred dollars ($40,500);

     (7) Lincoln, where the town council may, by ordinance, provide for an exemption of a

maximum of fifteen thousand dollars ($15,000);

     (8) Narragansett, where the town council may, by ordinance, provide for an exemption of

a maximum of fifty thousand dollars ($50,000); and

     (9) Tiverton, where the town council may, by ordinance, provide for a tax credit of two

hundred dollars ($200) or greater, as may be amended from time to time.; and

     (10) Jamestown, where the town council may, by ordinance, provide for a tax credit.

     (c) In addition to the previously provided exemptions, any veteran of the military or

naval service of the United States who is determined, under applicable federal law by the

Veterans' Administration of the United States to be totally disabled through service-connected

disability may, by ordinance, passed in the city or town where the veteran's property is assessed,

receive a ten thousand dollar ($10,000) exemption from local taxation on his or her property

whether real or personal and if the veteran owns real property may be exempt from taxation by

any fire and/or lighting district; provided, that in the town of: North Kingstown, where the

amount of the exemption shall be eleven thousand dollars ($11,000) commencing with the

December 31, 2002, assessment; and for the town of Westerly, where the amount of the

exemption shall be thirty-nine thousand dollars ($39,000) commencing with the December 31,

2005, assessment; and in the town of Cumberland, where the amount of the exemption shall not

exceed forty-seven thousand five hundred forty-four dollars ($47,544); and the town of

Narragansett, where the amount of the exemption shall not exceed twenty thousand dollars

($20,000) from the assessed value of real property or twelve thousand dollars ($12,000) from the

assessed value of a motor vehicle; and in the city of Cranston, commencing with the December

31, 2016, assessment, where the exemption will not exceed two hundred fifty thousand dollars

($250,000) and be extended to the unmarried widow or widower of such veteran, and in the town

of Tiverton, where, by ordinance, a tax credit of two hundred dollars ($200) or greater shall be

applied to the qualified veteran's property assessment tax bill.

     (d) In determining whether or not a person is the widow or widower of a veteran for the

purposes of this section, the remarriage of the widow or widower shall not bar the furnishing of

the benefits of the section if the remarriage is void, has been terminated by death, or has been

annulled or dissolved by a court of competent jurisdiction.

     (e) In addition to the previously provided exemptions, there may by ordinance passed in

the city or town where the person's property is assessed, be an additional fifteen thousand dollars

($15,000) exemption from local taxation on real and personal property for any veteran of military

or naval service of the United States or the unmarried widow or widower of person who has been

or shall be classified as, or determined to be, a prisoner of war by the Veterans' Administration of

the United States, except in:

     (1) Westerly, where the town council may, by ordinance, provide for an exemption of a

maximum of sixty-eight thousand dollars ($68,000);

     (2) Cumberland, where the town council may by ordinance provide for an exemption of a

maximum of forty-seven thousand five hundred forty-four dollars ($47,544);

     (3) Narragansett, where the town council may, by ordinance, provide for an exemption of

a maximum of forty thousand dollars ($40,000); and

     (4) Tiverton, where the town council may, by ordinance, provide for a tax credit of six

hundred dollars ($600) or greater.; and

     (5) Jamestown, where the town council may, by ordinance, provide for an exemption

greater than fifteen thousand dollars ($15,000) of value or a tax credit that would offer an

equivalent relief or benefit.

     (f) Cities and towns granting exemptions under this section shall use the eligibility dates

specified in this section.

     (g) The several cities and towns not previously authorized to provide an exemption for

those veterans who actually served in the Persian Gulf conflict may provide that exemption in the

amount authorized in this section for veterans of other recognized conflicts.

     (h) Bristol, where the town council of Bristol may, by ordinance, provide for an

exemption for any veteran and the unmarried widow or widower of a deceased veteran of military

or naval service of the United States who is determined, under applicable federal law by the

Veterans' Administration of the United States to be partially disabled through service-connected

disability.

     (i) In addition to the previously provided exemption, any veteran who is discharged from

the military or naval service of the United States under conditions other than dishonorable, or an

officer who is honorably separated from military or naval service, who is determined, under

applicable federal law by the Veterans Administration of the United States to be totally and

permanently disabled through a service-connected disability, who owns a specially adapted

homestead that has been acquired or modified with the assistance of a special adaptive housing

grant from the Veteran's Administration and that meets Veteran's Administration and Americans

with disability act guidelines from adaptive housing or that has been acquired or modified using

proceeds from the sale of any previous homestead that was acquired with the assistance of a

special adaptive housing grant from the veteran's administration, the person or the person's

surviving spouse is exempt from all taxation on the homestead. Provided, that in the town of

Westerly where the amount of the above referenced exemption shall be forty-six thousand five

hundred dollars ($46,500).

     (j) The town of Coventry may provide, by ordinance, a one-thousand-dollar ($1,000)

exemption for any person who is an active member of the armed forces of the United States.

     (k) The town of Scituate may provide, by ordinance, in lieu of a tax exemption that grants

to all disabled veterans with a one hundred percent (100%) service-connected disability, a tax

credit in an amount to be determined from time to time by the town council.


 

 

 

 

396)

Section

Amend Chapter Numbers:

 

44-3-9.8

86 and 87

 

 

44-3-9.8. West Greenwich -- Exemption or stabilization of tax on qualified property

used for manufacturing or commercial purposes in the town of West Greenwich.

     (a) Except as provided in this section, the town council of the town of West Greenwich

may vote to authorize, for a period not exceeding ten (10) twelve (12) years, and subject to the

conditions provided in this section, to exempt from payment, in whole or part, real and personal

property used for manufacturing or commercial purposes, or to determine a stabilized amount of

taxes to be paid on account of the property, notwithstanding the valuation of the property or the

rate of tax; provided, that after public hearings, at least ten (10) days' notice of which shall be

given in a newspaper of general circulation in the town, the town council determines that:

     (1) Granting of the exemption or stabilization of taxes will inure to the benefit of the

town by reason of:

     (i) The willingness of the manufacturing or commercial concern to locate in the town; or

     (ii) The willingness of a manufacturing firm to expand facilities with an increase in

employment or the willingness of a commercial or manufacturing concern to retain or expand its

facility in the town and not reduce its work force in the town; or

     (iii) An improvement of the physical plant of the town that will result in long-term

economic benefits to the town and the state.

     (2) Granting of the exemption or stabilization of taxes will inure to the benefit of the

town by reason of the willingness of a manufacturing or commercial firm or concern to replace,

reconstruct, expand, or remodel existing buildings, facilities, fixtures, machinery, or equipment

with modern buildings, facilities, fixtures, machinery, or equipment, resulting in an increase in,

plant or commercial building investments by the firm or concern in the town.

     (b) Should the town council make the determination in paragraphs subsections (a)(1)(i) --

paragraphs (a)(1)(iii), or subdivision (a)(2) of this section, an exemption or stabilization may be

granted for existing buildings, property, machinery, or facilities owned by businesses already

located in the town of West Greenwich on January 1, 2011.

     (c) For the purposes of this section, "real property used for manufacturing or commercial

purposes" includes any building or structure used for offices or commercial enterprises,

including, without limitation, any building or structure used for wholesale, warehouse,

distribution, and/or storage business, used for service industries, or used for any other commercial

business and the land on which the building or structure is situated and not used for residential

purposes.

     (d) For purposes of this section, "personal property used for manufacturing or

commercial purposes" means any personal property owned by a firm or concern occupying a

building, structure, and/or land used for commercial purposes and used by such firm or concern in

its commercial enterprise including, without limitation, furniture, fixtures, equipment, machinery,

stock in trade, and inventory.

     (e) Except as provided in this section, property for which taxes have been exempted in

whole or in part, or stabilized pursuant to this section, shall not, during the period for which taxes

have been exempted or stabilized, be further liable to taxation by the town so long as the property

is used for the manufacturing or commercial purposes for which the exemption or stabilization

was granted.

     (f) Notwithstanding any vote of, or findings by the town council, the property shall be

assessed for, and shall pay, that portion of the tax, if any, assessed by the town for the purpose of

paying the indebtedness of the town and the indebtedness of the state, or any political subdivision

of the state, to the appropriation to any sinking fund of the town, which portion of the tax shall be

paid in full, and the taxes so assessed and collected shall be kept in a separate account and used

only for that purpose.

     (g) Any application for tax exemption or stabilization submitted pursuant to this section

shall be submitted before an application for development plan review is submitted to the West

Greenwich planning board, as applicable, or for other such permits and/or approvals that may be

required from any other town board or commission.

     (h) Any tax exemption or stabilization granted by the town council pursuant to this

section shall be applicable for a period beginning on the first day of the fiscal year in which the

exemption or stabilization is granted.

     (i) If a property owner whose property tax has been exempted or stabilized pursuant to

this section becomes delinquent in the payment of its property taxes, or transfers ownership of its

business, the town council shall have the authority to review and terminate the tax exemption or

stabilization agreement.


 

 

 

 

 

 

 

 

397)

Section

Amend Chapter Numbers:

 

44-3-65

21 and 22

 

 

44-3-65. Narragansett and East Greenwich -- Tangible business property tax exemption.

     The town of Narragansett and the town of East Greenwich may, by ordinance, create a

tangible business property tax exemption for local small business owners in an amount not to

exceed thirty-five thousand dollars ($35,000).


 

 

 

 

398)

Section

Amend Chapter Numbers:

 

44-4.1-2

160 and 168

 

 

44-4.1-2. Definitions.

     As used in this chapter:

     (1) "Certified maintenance or rehabilitation" means any maintenance or rehabilitation of a

historic residence consistent with the character of that property or district as determined in

accordance with commission guidelines.

     (2) "Commission" means the Rhode Island historical preservation and heritage

commission created pursuant to � 42-45-2, or for purposes of the historic commercial structure

property tax reduction in Warren, the local historic district commission in Warren; or for

purposes of the historic structure property tax reduction in Narragansett, the local historic district

commission in Narragansett.

     (3) "Historic residence" means a historic residential property which is not of a character

subject to federal depreciation allowance pursuant to 26 U.S.C. � 167 or 168 and which is:

     (i) Listed individually in the state register of historic places; or

     (ii) Located in a district listed in the state register of historic places and certified by the

commission as contributing to the historic character of that district; or

     (iii) Located in a local historic district zone as designated by a city or town under chapter

24.1 of title 45 and certified by the commission as contributing to the character of that historic

district zone; or

     (iv) Designated by a city or town as an individual structure subject to regulation by a

local historic district commission under chapter 24.1 of title 45.

     (4) "Historic Commercial Structure" means: a historic structure in Warren utilized for

commercial purposes, whole or in part, and which is:

     (i) Listed individually in the state register of historic places; or

     (ii) Located in a district listed in the state register of historic places and certified by the

commission as contributing to the historic character of that district; or

     (iii) Located in a local historic district zone as designated by the town under chapter 24.1

of title 45 and certified by the commission as contributing to the character of that historic district

zone; or

     (iv) Designated by the town as an individual structure subject to regulation by a local

historic district commission under chapter 24.1 of title 45.


 

 

 

 

399)

Section

Add Chapter Numbers:

 

44-5-10.1

36 and 50

 

 

44-5-10.1. Tax payment relief during periods of governmental cessation of

operations.

     During periods when either the state or federal government cease the operation of

governmental functions, in whole or in part, the city or town council may, by ordinance, provide

relief from the payment of any interest, late fees, or penalties on any tax due or payable to the city

or town previously or hereafter assessed upon real estate or tangible property, to any resident of

this state employed by the state or federal government.


 

 

 

 

400)

Section

Amend Chapter Numbers:

 

44-5-11.8

21 and 22

 

 

44-5-11.8. Tax classification.

     (a) Upon the completion of any comprehensive revaluation or any update, in accordance

with � 44-5-11.6, any city or town may adopt a tax classification plan, by ordinance, with the

following limitations:

     (1) The designated classes of property shall be limited to the classes as defined in

subsection (b) of this section.

     (2) The effective tax rate applicable to any class, excluding class 4, shall not exceed by

fifty percent (50%) the rate applicable to any other class, except in the city of Providence and the

town of Glocester and the town of East Greenwich; however, in the year following a revaluation

or statistical revaluation or update, the city or town council of any municipality may, by

ordinance, adopt tax rates for the property class for all ratable tangible personal property no

greater than twice the rate applicable to any other class, provided that the municipality documents

to, and receives written approval from, the office of municipal affairs that the rate difference is

necessary to ensure that the estimated tax levy on the property class for all ratable tangible

personal property is not reduced from the prior year as a result of the revaluation or statistical

revaluation.

     (3) Any tax rate changes from one year to the next shall be applied such that the same

percentage rate change is applicable to all classes, excluding class 4, except in the city of

Providence and the town of Glocester and the town of East Greenwich.

     (4) Notwithstanding subdivisions (2) and (3) subsections (a)(2) and (a)(3) of this

subsection section, the tax rates applicable to wholesale and retail inventory within Class 3 as

defined in subsection (b) of this section are governed by � 44-3-29.1.

     (5) The tax rates applicable to motor vehicles within Class 4, as defined in subsection (b)

of this section, are governed by � 44-34.1-1.

     (6) The provisions of chapter 35 of this title relating to property tax and fiscal disclosure

apply to the reporting of, and compliance with, these classification restrictions.

     (b) Classes of Property.

     (1) Class 1: Residential real estate consisting of no more than five (5) dwelling units; land

classified as open space; and dwellings on leased land including mobile homes. In the city of

Providence, this class may also include residential properties containing partial commercial or

business uses and residential real estate of more than five (5) dwelling units.

     (i) A homestead exemption provision is also authorized within this class; provided

however, that the actual, effective rate applicable to property qualifying for this exemption shall

be construed as the standard rate for this class against which the maximum rate applicable to

another class shall be determined, except in the town of Glocester.

     (ii) In lieu of a homestead exemption, any city or town may divide this class into non-

owner- and owner-occupied property and adopt separate tax rates in compliance with the within

tax rate restrictions.

     (2) Class 2: Commercial and industrial real estate; residential properties containing

partial commercial or business uses; and residential real estate of more than five (5) dwelling

units. In the city of Providence, properties containing partial commercial or business uses and

residential real estate of more than five (5) dwelling units may be included in Class 1.

     (3) Class 3: All ratable, tangible personal property.

     (4) Class 4: Motor vehicles and trailers subject to the excise tax created by chapter 34 of

this title.

     (c) The city council of the city of Providence and the town council of the town of

Glocester and the town council of the town of East Greenwich may, by ordinance, provide for,

and adopt, a tax rate on various classes as they shall deem appropriate. Provided, that the tax rate

for Class 2 shall not be more than two (2) times the tax rate of Class 1; and the tax rate applicable

to Class 3 shall not exceed the tax rate of Class 1 by more than two hundred percent (200%).

Glocester shall be able to establish homestead exemptions up to fifty percent (50%) of value and

the calculation provided in subsection (b)(1)(i) shall not be used in setting the differential tax

rates.

     (d) Notwithstanding the provisions of subsection (a) of this section, the town council of

the town of Middletown may hereafter, by ordinance, adopt a tax classification plan in

accordance with the provisions of subsections (a) and (b) of this section, to be applicable to taxes

assessed on or after the assessment date of December 31, 2002.

     (e) Notwithstanding the provisions of subsection (a) of this section, the town council of

the town of Little Compton may hereafter, by ordinance, adopt a tax classification plan in

accordance with the provisions of subsections (a) and (b) of this section and the provisions of �

44-5-79, to be applicable to taxes assessed on or after the assessment date of December 31, 2004.

     (f) Notwithstanding the provisions of subsection (a) of this section, the town council of

the town of Scituate may hereafter, by ordinance, change its tax assessment from fifty percent

(50%) of value to one hundred percent (100%) of value on residential and

commercial/industrial/mixed-use property, while tangible property is assessed at one hundred

percent (100%) of cost, less depreciation; provided, however, the tax rate for Class 3 (tangible)

property shall not exceed the tax rate for Class 1 (residential) property by more than two hundred

thirteen percent (213%). This provision shall apply whether or not the fiscal year is also a

revaluation year.

     (g) Notwithstanding the provisions of subsections (a) and (b) of this section, the town

council of the town of Coventry may hereafter, by ordinance, adopt a tax classification plan

providing that Class 1, as set forth in subsection (b) "Classes of Property" of this section, may

also include residential properties containing commercial or business uses, such ordinance to be

applicable to taxes assessed on or after the assessment date of December 31, 2014.

     (h) Notwithstanding the provisions of subsection (a) of this section, the town council of

the town of East Greenwich may hereafter, by ordinance, adopt a tax classification plan in

accordance with the provisions of subsections (a) and (b) of this section, to be applicable to taxes

assessed on or after the assessment date of December 31, 2018. Further, the East Greenwich town

council may adopt, repeal, or modify said that tax classification plan for any tax year thereafter,

notwithstanding the provisions of subsection (a) of this section.


 

 

 

 

401)

Section

Add Chapter Numbers:

 

44-5-13.40

101 and 125

 

 

44-5-13.40. Property tax exemptions for surviving spouses of police and fire

personnel killed in the line of duty.

     (a) Notwithstanding any other provision of chapter 5 of title 44, each municipality shall

exempt from taxation the real property of the surviving spouse of any law enforcement officer or

firefighter who was killed in the line of duty, who occupies the real property as their his or her

principal place of residence. This exemption shall cease if the surviving spouse remarries and

shall not be claimed thereafter. This exemption applies to the surviving spouse's principal place of

residence without any restriction on the spouse's moving to a different principal place of

residence within the state.

     (b) For the purposes of this section, killed in the line of duty shall mean a traumatic

physical wound (or traumatized physical condition of the body) directly and proximately caused

by external force (such as bullets, explosives, sharp instruments, blunt objects, or physical blows),

chemicals, electricity, climatic conditions, infectious disease, radiation, virii viruses, or bacteria.

When a law enforcement officer or firefighter engages in a situation involving nonroutine

stressful or strenuous physical law enforcement, fire suppression or participates in a training

exercise involving nonroutine stressful or strenuous physical activity and dies of a heart attack,

stroke, or vascular rupture not later than twenty-four (24) hours after the officer or firefighter

engaged in such the activity, the death shall be considered killed in the line of duty.

     (c) The provisions of this section shall not be applied retroactively but shall only be

applied prospectively.


 

 

 

 

402)

Section

Amend Chapter Numbers:

 

44-5-20.10

25 and 26

 

 

44-5-20.10. Johnston -- Property tax classification authorized.

     The town of Johnston may, by resolution or ordinance adopted by the town council,

provide for a system of classification of taxable property in conformity with the provisions of ��

44-5-20.11 -- 44-5-20.13 � 44-5-11.8.


 

 

 

 

403)

Section

Repeal Chapter Numbers:

 

44-5-20.11

25 and 26

 

 

44-5-20.11. [Repealed]


 

 

 

 

404)

Section

Repeal Chapter Numbers:

 

44-5-20.12

25 and 26

 

 

44-5-20.12. [Repealed]


 

 

 

 

405)

Section

Repeal Chapter Numbers:

 

44-5-20.13

25 and 26

 

 

44-5-20.13. [Repealed]


 

 

 

 

406)

Section

Amend Chapter Numbers:

 

44-5-74.1

294 and 304

 

 

44-5-74.1. Woonsocket -- List of ratable property.

     (a) Upon adoption of a system of classification of taxable property by the city of

Woonsocket, all ratable property in the city of Woonsocket shall be classified by the assessor as

follows:

     (1) Class One: all ratable tangible personal property and motor vehicles;

     (2) Class Two: residential real estate with less than four (4) units;

     (3) Class Three: all commercial and industrial real estate and residential real estate with

four (4) units or more, except as provided for in subsection (b).; and

     (4) Class Four: all motor vehicles and trailers subject to the excise tax created by chapter

34 of this title.

     (b) As to any residential real estate with four (4) units and wherein one or more of such

the units are occupied by the owner of the real estate, such the four (4) unit residential real estate

shall be classified as Class Two residential real estate. Said The real estate shall be classified as

Class Three if it fails to have at least one unit that is occupied by the owner of the real estate. An

owner of residential real estate with four (4) units who is entitled to the Class Two residential real

estate classification pursuant to this section shall annually file a declaration of such the owner-

occupied status with the tax assessor. The assessor shall prepare an appropriate form for the

making of such the declaration.


 

 

 

 

407)

Section

Amend Chapter Numbers:

 

44-11-7.1

192 and 215

 

 

44-11-7.1. Limitations on assessment.

     (a) General. Except as provided in this section, the amount of the Rhode Island corporate

income tax shall be assessed within three (3) years after the return was filed, whether or not the

return was filed on or after the prescribed date. For this purpose, a tax return filed before the due

date shall be considered as filed on the due date.

     (b) Exceptions. (1) The tax may be assessed at any time if:

     (i) No return is filed.

     (ii) A false or fraudulent return is filed with intent to avoid tax.

     (2) Where, before the expiration of the time prescribed in this section for the assessment

of tax, or before the time as extended, both the tax administrator and the taxpayer have consented,

in writing, to its assessment after that time, the tax may be assessed at any time prior to the

expiration of the agreed upon period.

     (3) If a taxpayer's deficiency is attributable to an excessive net operating loss carryback

allowance, it may be assessed at any time that a deficiency for the taxable year of the loss may be

assessed.

     (4) An erroneous refund shall be considered to create an underpayment of tax on the date

made. An assessment of a deficiency arising out of an erroneous refund may be made at any time

within three (3) years thereafter, or at any time if it appears that any part of the refund was

induced by fraud or misrepresentation of a material fact.

     (c) Notwithstanding the provisions of this section, the tax may be assessed at any time

within six (6) years after the return was filed if a taxpayer omits from its Rhode Island income an

amount properly includable therein which that is in excess of twenty-five percent (25%) of the

amount of Rhode Island income stated in the return. For this purpose there shall not be taken into

account any amount which that is omitted in the return if the amount is disclosed in the return, or

in a statement attached to the return, in a manner adequate to apprise the tax administrator of the

nature and amount of the item.

     (d) The running of the period of limitations on assessment or collection of the tax or other

amount, or of a transferee's liability, shall, after the mailing of a notice of deficiency, be

suspended for any period during which the tax administrator is prohibited from making the

assessment or from collecting by levy, and for sixty (60) days thereafter.

     (e) No period of limitations specified in any other law shall apply to the assessment or

collection of Rhode Island corporate income tax. Under no circumstances shall the tax

administrator issue any notice of deficiency determination for Rhode Island business corporation

tax due and payable more than ten (10) years after the date upon which the return was filed or due

to be filed, nor shall the tax administrator commence any collection action for any business

corporation tax due and payable unless the collection action is commenced within ten (10) years

after a notice of deficiency determination became a final collectible assessment; provided

however, that the tax administrator may renew a statutory lien that was initially filed within the

ten-(10) year (10) period for collection actions. Both of the aforementioned ten-(10) year (10)

periods are tolled for any period of time the taxpayer is in federal bankruptcy or state receivership

proceedings. �Collection action� refers to any activity undertaken by the division of taxation to

collect on any state tax liabilities that are final, due, and payable under Rhode Island law.

�Collection action� may include, but is not limited to, any civil action involving a liability owed

under chapter 11 of title 44.

     (f) The ten-(10) year (10) limitation shall not apply to the renewal or continuation of the

state's attempt to collect a liability that became final, due, and payable within the ten-(10) year

(10) limitation periods set forth in this section.


 

 

 

 

408)

Section

Amend Chapter Numbers:

 

44-18-15

88 (article 5) and 308

 

 

44-18-15. "Retailer" defined.

     (a) "Retailer" includes:

     (1) Every person engaged in the business of making sales at retail, including prewritten

computer software delivered electronically or by load and leave, vendor-hosted prewritten

computer software, sales of services as defined in � 44-18-7.3, and sales at auction of tangible

personal property owned by the person or others.

     (2) Every person making sales of tangible personal property, including prewritten

computer software delivered electronically or by load and leave or vendor-hosted prewritten

computer software or sales of services as defined in � 44-18-7.3, through an independent

contractor or other representative, if the retailer enters into an agreement with a resident of this

state, under which the resident, for a commission or other consideration, directly or indirectly

refers potential customers, whether by a link on an internet website or otherwise, to the retailer,

provided the cumulative gross receipts from sales by the retailer to customers in the state who are

referred to the retailer by all residents with this type of an agreement with the retailer, is in excess

of five thousand dollars ($5,000) during the preceding four (4) quarterly periods ending on the

last day of March, June, September, and December. Such retailer shall be presumed to be

soliciting business through such the independent contractor or other representative, which

presumption may be rebutted by proof that the resident with whom the retailer has an agreement

did not engage in any solicitation in the state on behalf of the retailer that would satisfy the nexus

requirement of the United States Constitution during such four (4) quarterly periods.

     (3) Every person engaged in the business of making sales for storage, use, or other

consumption of: (i) tangible Tangible personal property, (ii) sales Sales at auction of tangible

personal property owned by the person or others, (iii) prewritten Prewritten computer software

delivered electronically or by load and leave, (iv) vendor Vendor-hosted prewritten computer

software, and (v) services Services as defined in � 44-18-7.3.

     (4) A person conducting a horse race meeting with respect to horses, which are claimed

during the meeting.

     (5) Every person engaged in the business of renting any living quarters in any hotel as

defined in � 42-63.1-2, rooming house, or tourist camp.

     (6) Every person maintaining a business within or outside of this state who engages in the

regular or systematic solicitation of sales of tangible personal property, prewritten computer

software delivered electronically or by load and leave, or vendor-hosted prewritten computer

software in this state by means of:

     (i) Advertising in newspapers, magazines, and other periodicals published in this state,

sold over the counter in this state or sold by subscription to residents of this state, billboards

located in this state, airborne advertising messages produced or transported in the airspace above

this state, display cards and posters on common carriers or any other means of public conveyance

incorporated or operated primarily in this state, brochures, catalogs, circulars, coupons,

pamphlets, samples, and similar advertising material mailed to, or distributed within this state to

residents of this state;

     (ii) Telephone;

     (iii) Computer assisted shopping networks; and

     (iv) Television, radio, or any other electronic media, which that is intended to be

broadcast to consumers located in this state.

     (b) When the tax administrator determines that it is necessary for the proper

administration of chapters 18 and 19 of this title to regard any salespersons, representatives,

truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers,

or persons under whom they operate or from whom they obtain the tangible personal property

sold by them, irrespective of whether they are making sales on their own behalf or on behalf of

the dealers, distributors, supervisors, or employers, the tax administrator may so regard them and

may regard the dealers, distributors, supervisors, or employers as retailers for purposes of

chapters 18 and 19 of this title.


 

 

 

 

409)

Section

Amend Chapter Numbers:

 

44-18-15.2

11, 12, and 88 (article 5)

 

 

44-18-15.2. "Remote seller" and "remote sale" defined -- Collection of sales and use

tax by remote seller.

     (a) As used in this section:

     (1) "Remote seller" means a person who makes remote sales in this state. any seller, other

than a marketplace facilitator or referrer, who does not have a physical presence in this state and

makes retail sales to purchasers.

     (2) "Remote sale" means a sale into this state for which the seller would not legally be

required to pay, collect, or remit state or local sales and use taxes unless provided by federal law.

     (b) Upon passage of any federal law authorizing states to require remote sellers to collect

and remit sales and use taxes, this state will require a remote seller making remote sales in the

state to pay, collect, and remit sales and use taxes at the rate imposed under � 44-18-18, and in

accordance with the provisions of this article, chapters 18.1 and 19 of this title, and applicable

federal law.

44-18-15.2. "Remote seller" and "remote sale" defined -- Collection of sales and use

tax by remote seller.

     (a) As used in this section:

     (1) "Remote seller" means any seller, other than a marketplace facilitator or referrer, who

does not have a physical presence in this state and makes retail sales to purchasers.

     (b) Upon passage of any federal law authorizing states to require remote sellers to collect

and remit sales and use taxes, this state will require a remote seller making remote sales in the state

to pay, collect, and remit sales and use taxes at the rate imposed under � 44-18-18, and in

accordance with the provisions of this article, chapters 18.1 and 19 of this title, and applicable

federal law.


 

 

 

 

410)

Section

Amend Chapter Numbers:

 

44-18.2-2

11, 12, and 88 (article 5)

 

 

44-18.2-2. Definitions.

     For the purposes of this chapter:

     (1) "Division of taxation" means the Rhode Island department of revenue, division of

taxation. The division may also be referred to in this chapter as the "division of taxation", "tax

division", or "division."

     (2) "In-state customer" means a person or persons who makes a purchase of tangible

personal property, prewritten computer software delivered electronically or by load and leave as

defined in � 44-18-7.1(g)(v), vendor-hosted prewritten computer software, and/or taxable services

as defined under � 44-18-1 et seq. for use, storage, and/or other consumption in this state.

     (3) "In-state software" means software used by in-state customers on their computers,

smartphones, and other electronic and/or communication devices, including information or

software such as cached files, cached software, or "cookies", or other data tracking tools, that are

stored on property in this state or distributed within this state, for the purpose of purchasing

tangible personal property, prewritten computer software delivered electronically or by load and

leave, vendor-hosted prewritten computer software, and/or taxable services.

     (4) "Marketplace" means a physical or electronic place including, but not limited to, a

store, booth, Internet internet website, catalog, television or radio broadcast, or a dedicated sales

software application where tangible personal property, prewritten computer software delivered

electronically or by load and leave, vendor-hosted prewritten computer software, and/or taxable

services is/are sold or offered for sale for delivery in this state regardless of whether the tangible

personal property, prewritten computer software delivered electronically or by load and leave, or

vendor-hosted prewritten computer software have a physical presence in the state.

     (5) "Marketplace facilitator" means any person or persons that contracts or otherwise

agrees with a marketplace seller to facilitate for consideration, regardless of whether deducted as

fees from the transaction, the sale of the marketplace seller's products through a physical or

electronic marketplace operated by the person or persons, and engages:

     (a) Directly or indirectly, through one or more affiliated persons in any of the following:

     (i) Transmitting or otherwise communicating the offer or acceptance between the buyer

and seller;

     (ii) Owning or operating the infrastructure, electronic or physical, or technology that

brings buyers and sellers together;

     (iii) Providing a virtual currency that buyers are allowed or required to use to purchase

products from the seller; or

     (iv) Software development or research and development activities related to any of the

activities described in (b) of this subsection (5)(b), if such activities are directly related to a

physical or electronic marketplace operated by the person or an affiliated person; and

     (b) In any of the following activities with respect to the seller's products:

     (i) Payment processing services;

     (ii) Fulfillment or storage services;

     (iii) Listing products for sale;

     (iv) Setting prices;

     (v) Branding sales as those of the marketplace facilitator;

     (vi) Order taking;

     (vii) Advertising or promotion; or

     (viii) Providing customer service or accepting or assisting with returns or exchanges.

     (6) "Marketplace seller" means a person, not a related party to a marketplace facilitator,

who has an agreement with a marketplace facilitator and makes retail sales of tangible personal

property, prewritten computer software delivered electronically or by load and leave, vendor-

hosted prewritten computer software, and/or taxable services through a marketplace owned,

operated, or controlled by a marketplace facilitator, whether or not such person is required to

register to collect and remit sales tax.

     (47) "Non-collecting retailer" means any person or persons who meets at least one of the

following criteria:

     (A) Uses in-state software to make sales at retail of tangible personal property, prewritten

computer software delivered electronically or by load and leave, and/or taxable services; or

     (B) Sells, leases, or delivers in this state, or participates in any activity in this state in

connection with the selling, leasing, or delivering in this state, of tangible personal property,

prewritten computer software delivered electronically or by load and leave, and/or taxable

services for use, storage, distribution, or consumption within this state. This includes, but shall

not be limited to, any of the following acts or methods of transacting business:

     (i) Engaging in, either directly or indirectly through a referrer, retail sale facilitator, or

other third party, direct response marketing targeted at in-state customers. For purposes of this

subsection, direct response marketing includes, but is not limited to, sending, transmitting, or

broadcasting via flyers, newsletters, telephone calls, targeted electronic mail, text messages,

social media messages, targeted mailings; collecting, analyzing and utilizing individual data on

in-state customers; using information or software, including cached files, cached software, or

"cookies", or other data tracking tools, that are stored on property in or distributed within this

state; or taking any other action(s) that use persons, tangible property, intangible property, digital

files or information, or software in this state in an effort to enhance the probability that the

person's contacts with a potential in-state customer will result in a sale to that in-state customer;

     (ii) Entering into one or more agreements under which a person or persons who has

physical presence in this state refers, either directly or indirectly, potential in-state customers of

tangible personal property, prewritten computer software delivered electronically or by load and

leave, and/or taxable services to the non-collecting retailer for a fee, commission, or other

consideration whether by an internet-based link or an internet website, or otherwise. An

agreement under which a non-collecting retailer purchases advertisements from a person or

persons in this state to be delivered in this state on television, radio, in print, on the internet or by

any other medium in this state, shall not be considered an agreement under this subsection (ii),

unless the advertisement revenue or a portion thereof paid to the person or persons in this state

consists of a fee, commission, or other consideration that is based in whole or in part upon sales

of tangible personal property, prewritten computer software delivered electronically or by load

and leave, and/or taxable services; or

     (iii) Using a retail sale facilitator to sell, lease, or deliver in this state, or participate in any

activity in this state in connection with the selling, leasing, or delivering in this state, of tangible

personal property, prewritten computer software delivered electronically or by load and leave,

and/or taxable services for use, storage, or consumption in this state.;

     (C) Uses a sales process that includes listing, branding, or selling tangible personal

property, prewritten computer software delivered electronically or by load and leave, and/or

taxable services for sale, soliciting, processing orders, fulfilling orders, providing customer

service and/or accepting or assisting with returns or exchanges occurring in this state, regardless

of whether that part of the process has been subcontracted to an affiliate or third party. The sales

process for which the in-state customer is charged not more than the basic charge for shipping

and handling as used in this subsection shall not include shipping via a common carrier or the

United States mail;

     (D) Offers its tangible personal property, prewritten computer software delivered

electronically or by load and leave, and/or taxable services for sale through one or more retail sale

facilitators that has physical presence in this state;

     (E) Is related to a person that has physical presence in this state, and such related person

with a physical presence in this state:

     (i) Sells tangible personal property, prewritten computer software delivered electronically

or by load and leave, and/or taxable services that are the same or substantially similar to that sold

by a non-collecting retailer under a business name that is the same or substantially similar to that

of the non-collecting retailer;

     (ii) Maintains an office, distribution facility, salesroom, warehouse, storage place, or

other similar place of business in this state to facilitate the delivery of tangible personal property,

prewritten computer software delivered electronically or by load and leave, and/or taxable

services sold by the non-collecting retailer;

     (iii) Uses, with consent or knowledge of the non-collecting retailer, trademarks, service

marks, or trade names in this state that are the same or substantially similar to those used by the

non-collecting retailer;

     (iv) Delivers or has delivered (except for delivery by common carrier or United States

mail for which the in-state customer is charged not more than the basic charge for shipping and

handling), installs, or assembles tangible personal property in this state, or performs maintenance

or repair services on tangible personal property in this state, which tangible personal property is

sold to in-state customers by the non-collecting retailer;

     (v) Facilitates the delivery of tangible personal property purchased from a non-collecting

retailer but delivered in this state by allowing an in-state customer to pick up the tangible personal

property at an office distribution facility, salesroom, warehouse, storage place, or other similar

place of business maintained in this state; or

     (vi) Shares management, business systems, business practices, computer resources,

communication systems, payroll, personnel, or other such business resources and activities with

the non-collecting retailer, and/or engages in intercompany transactions with the non-collecting

retailer, either or both of which relate to the activities that establish or maintain the non-collecting

retailer's market in this state.

     (F) Any person or persons who meets at least one of the criteria in subsections (4)(7)(A) -

(4)(7)(E) above shall be presumed to be a non-collecting retailer.

     (G) The term "non-collecting retailer" will no longer apply to any entity that meets the

definition of this subsection effective ninety (90) days after the enactment of this amended

chapter, at which time such entity shall be classified as a "remote seller" as referenced in R.I.

Gen. Laws � 44-18-15.2.

     (58) "Person" means person as defined in � 44-18-6.

     (69) "Referrer" means every person who:

     (A) Contracts or otherwise agrees with a retailer to list and/or advertise for sale in this

state tangible personal property, prewritten computer software delivered electronically or by load

and leave, vendor-hosted prewritten computer software, and/or taxable services in any forum,

including, but not limited to, a catalog or internet website;

     (B) Receives a fee, commission, and/or other consideration from a retailer for the listing

and/or advertisement;

     (C) Transfers, via in-state software, internet link, or otherwise, an in-state customer to the

retailer or the retailer's employee, affiliate, or website to complete a purchase; and

     (D) Does not collect payments from the in-state customer for the transaction.

     (E) A person or persons who engages in the activity set forth in all of the activities set

forth in subsections (69)(A) -- (69)(D) above shall be presumed to be a referrer.

     (710) "Related" means:

     (A) Having a relationship with the non-collecting retailer within the meaning of the

internal revenue code of 1986 as amended; or

     (B) Having one or more ownership relationships and a purpose of having the ownership

relationship is to avoid the application of this chapter.

     (811) A "retail sale" or "sale at retail" means any retail sale or sale at retail as defined in �

44-18-8.

     (912) "Retail sale facilitator" means any person or persons that facilitates a sale by a

retailer by engaging in the following types of activities:

     (A) Using in-state software to make sales at retail of tangible personal property,

prewritten computer software delivered electronically or by load and leave, and/or taxable

services; or

     (B) Contracting or otherwise agreeing with a retailer to list and/or advertise for sale

tangible personal property, prewritten computer software delivered electronically or by load and

leave, and/or taxable services in any forum, including, but not limited to, a catalog or internet

website; and

     (C) Either directly or indirectly through agreements or arrangements with third parties,

collecting payments from the in-state customer and transmitting those payments to a retailer. A

person or persons may be a retail sale facilitator regardless of whether they deduct any fees from

the transaction. The division may define in regulation circumstances under which a retail sale

facilitator shall be deemed to facilitate a retail sale.

     (D) A person or persons who engages in the type of activity set forth in subsection (912)

(A) above or both of the types of activities set forth in subsections (912) (B) and (912) (C) above

shall be presumed to be a retail sale facilitator.

     (E) The term "retail sale facilitator" will no longer apply to any entity that meets the

definition of this subsection effective ninety (90) days after the enactment of this amended

chapter, at which time such entity shall be classified as a "marketplace facilitator" as referenced

above in R.I. Gen. Laws � 44-18.2-2 subsection (5) of this section.

     (130) A "retailer" means retailer as defined in � 44-18-15.

     (141) "State" means the State of Rhode Island and Providence Plantations.

     (152) "Streamlined agreement" means the Streamlined Sales and Use Tax Agreement as

referenced in � 44-18.1-1 et seq.

     (16) "Vendor-hosted prewritten computer software" refers to the same term as defined in

R.I. Gen. Laws � 44-18-7.1(g)(vii) effective October 1, 2018.

44-18.2-2. Definitions.

     For the purposes of this chapter:

     (1) "Division of taxation" means the Rhode Island department of revenue, division of

taxation. The division may also be referred to in this chapter as the "division of taxation", "tax

division", or "division."

     (2) "In-state customer" means a person or persons who makes a purchase of tangible

personal property, prewritten computer software delivered electronically or by load and leave as

defined in � 44-18-7.1(g)(v), vendor-hosted prewritten computer software, specified digital

products, and/or taxable services as defined under � 44-18-1 et seq. for use, storage, and/or other

consumption in this state.

     (3) "In-state software" means software used by in-state customers on their computers,

smartphones, and other electronic and/or communication devices, including information or

software such as cached files, cached software, or "cookies", or other data tracking tools, that are

stored on property in this state or distributed within this state, for the purpose of purchasing tangible

personal property, prewritten computer software delivered electronically or by load and leave,

vendor-hosted prewritten computer software, specified digital products, and/or taxable services.

     (4) "Marketplace" means a physical or electronic place including, but not limited to, a store,

booth, Internet website, catalog, television or radio broadcast, or a dedicated sales software

application where tangible personal property, prewritten computer software delivered

electronically or by load and leave, vendor-hosted prewritten computer software, specified digital

products, and/or taxable services is/are sold or offered for sale for delivery in this state regardless

of whether the tangible personal property, prewritten computer software delivered electronically or

by load and leave, or vendor-hosted prewritten computer software, or specified digital products

have a physical presence in the state.

     (5) "Marketplace facilitator" means any person or persons that contracts or otherwise

agrees with a marketplace seller to facilitate for consideration, regardless of whether deducted as

fees from the transaction, the sale of the marketplace seller's products through a physical or

electronic marketplace operated by the person or persons, and engages:

     (a) Directly or indirectly, through one or more affiliated persons in any of the following:

     (i) Transmitting or otherwise communicating the offer or acceptance between the buyer

and seller;

     (ii) Owning or operating the infrastructure, electronic or physical, or technology that brings

buyers and sellers together;

     (iii) Providing a virtual currency that buyers are allowed or required to use to purchase

products from the seller; or

     (iv) Software development or research and development activities related to any of the

activities described in (b) of this subsection (5), if such activities are directly related to a physical

or electronic marketplace operated by the person or an affiliated person; and

     (b) In any of the following activities with respect to the seller's products:

     (i) Payment processing services;

     (ii) Fulfillment or storage services;

     (iii) Listing products for sale;

     (iv) Setting prices;

     (v) Branding sales as those of the marketplace facilitator;

     (vi) Order taking;

     (vii) Advertising or promotion; or

     (viii) Providing customer service or accepting or assisting with returns or exchanges.

     (6) "Marketplace seller" means a person, not a related party to a marketplace facilitator,

who has an agreement with a marketplace facilitator and makes retail sales of tangible personal

property, prewritten computer software delivered electronically or by load and leave, vendor-hosted

prewritten computer software, specified digital products, and/or taxable services through a

marketplace owned, operated, or controlled by a marketplace facilitator, whether or not such person

is required to register to collect and remit sales tax.

     (7) "Non-collecting retailer" means any person or persons who meets at least one of the

following criteria:

     (A) Uses in-state software to make sales at retail of tangible personal property, prewritten

computer software delivered electronically or by load and leave, and/or taxable services; or

     (B) Sells, leases, or delivers in this state, or participates in any activity in this state in

connection with the selling, leasing, or delivering in this state, of tangible personal property,

prewritten computer software delivered electronically or by load and leave, and/or taxable services

for use, storage, distribution, or consumption within this state. This includes, but shall not be limited

to, any of the following acts or methods of transacting business:

     (i) Engaging in, either directly or indirectly through a referrer, retail sale facilitator, or other

third party, direct response marketing targeted at in-state customers. For purposes of this

subsection, direct response marketing includes, but is not limited to, sending, transmitting, or

broadcasting via flyers, newsletters, telephone calls, targeted electronic mail, text messages, social

media messages, targeted mailings; collecting, analyzing and utilizing individual data on in-state

customers; using information or software, including cached files, cached software, or "cookies", or

other data tracking tools, that are stored on property in or distributed within this state; or taking any

other action(s) that use persons, tangible property, intangible property, digital files or information,

or software in this state in an effort to enhance the probability that the person's contacts with a

potential in-state customer will result in a sale to that in-state customer;

     (ii) Entering into one or more agreements under which a person or persons who has

physical presence in this state refers, either directly or indirectly, potential in-state customers of

tangible personal property, prewritten computer software delivered electronically or by load and

leave, and/or taxable services to the non-collecting retailer for a fee, commission, or other

consideration whether by an internet-based link or an internet website, or otherwise. An agreement

under which a non-collecting retailer purchases advertisements from a person or persons in this

state to be delivered in this state on television, radio, in print, on the internet or by any other medium

in this state, shall not be considered an agreement under this subsection (ii), unless the

advertisement revenue or a portion thereof paid to the person or persons in this state consists of a

fee, commission, or other consideration that is based in whole or in part upon sales of tangible

personal property, prewritten computer software delivered electronically or by load and leave,

and/or taxable services; or

     (iii) Using a retail sale facilitator to sell, lease, or deliver in this state, or participate in any

activity in this state in connection with the selling, leasing, or delivering in this state, of tangible

personal property, prewritten computer software delivered electronically or by load and leave,

and/or taxable services for use, storage, or consumption in this state.

     (C) Uses a sales process that includes listing, branding, or selling tangible personal

property, prewritten computer software delivered electronically or by load and leave, and/or taxable

services for sale, soliciting, processing orders, fulfilling orders, providing customer service and/or

accepting or assisting with returns or exchanges occurring in this state, regardless of whether that

part of the process has been subcontracted to an affiliate or third party. The sales process for which

the in-state customer is charged not more than the basic charge for shipping and handling as used

in this subsection shall not include shipping via a common carrier or the United States mail;

     (D) Offers its tangible personal property, prewritten computer software delivered

electronically or by load and leave, and/or taxable services for sale through one or more retail sale

facilitators that has physical presence in this state;

     (E) Is related to a person that has physical presence in this state, and such related person

with a physical presence in this state:

     (i) Sells tangible personal property, prewritten computer software delivered electronically

or by load and leave, and/or taxable services that are the same or substantially similar to that sold

by a non-collecting retailer under a business name that is the same or substantially similar to that

of the non-collecting retailer;

     (ii) Maintains an office, distribution facility, salesroom, warehouse, storage place, or other

similar place of business in this state to facilitate the delivery of tangible personal property,

prewritten computer software delivered electronically or by load and leave, and/or taxable services

sold by the non-collecting retailer;

     (iii) Uses, with consent or knowledge of the non-collecting retailer, trademarks, service

marks, or trade names in this state that are the same or substantially similar to those used by the

non-collecting retailer;

     (iv) Delivers or has delivered (except for delivery by common carrier or United States mail

for which the in-state customer is charged not more than the basic charge for shipping and

handling), installs, or assembles tangible personal property in this state, or performs maintenance

or repair services on tangible personal property in this state, which tangible personal property is

sold to in-state customers by the non-collecting retailer;

     (v) Facilitates the delivery of tangible personal property purchased from a non-collecting

retailer but delivered in this state by allowing an in-state customer to pick up the tangible personal

property at an office distribution facility, salesroom, warehouse, storage place, or other similar

place of business maintained in this state; or

     (vi) Shares management, business systems, business practices, computer resources,

communication systems, payroll, personnel, or other such business resources and activities with

the non-collecting retailer, and/or engages in intercompany transactions with the non-collecting

retailer, either or both of which relate to the activities that establish or maintain the non-collecting

retailer's market in this state.

     (F) Any person or persons who meets at least one of the criteria in subsections (7)(A) --

(7)(E) above shall be presumed to be a non-collecting retailer.

     (G) The term "non-collecting retailer" will no longer apply to any entity that meets the

definition of this subsection effective ninety (90) days after the enactment of this amended chapter,

at which time such entity shall be classified as a "remote seller" as referenced in R.I. Gen. Laws �

44-18-15.2.

     (8) "Person" means person as defined in � 44-18-6.

     (9) "Referrer" means every person who:

     (A) Contracts or otherwise agrees with a retailer to list and/or advertise for sale in this state

tangible personal property, prewritten computer software delivered electronically or by load and

leave, vendor-hosted prewritten computer software, and/or taxable services in any forum,

including, but not limited to, a catalog or internet website;

     (B) Receives a fee, commission, and/or other consideration from a retailer for the listing

and/or advertisement;

     (C) Transfers, via in-state software, internet link, or otherwise, an in-state customer to the

retailer or the retailer's employee, affiliate, or website to complete a purchase; and

     (D) Does not collect payments from the in-state customer for the transaction.

     (E) A person or persons who engages in the activity set forth in all of the activities set forth

in subsections (9)(A) -- (9)(D) above shall be presumed to be a referrer.

     (10) "Related" means:

     (A) Having a relationship with the non-collecting retailer within the meaning of the internal

revenue code of 1986 as amended; or

     (B) Having one or more ownership relationships and a purpose of having the ownership

relationship is to avoid the application of this chapter.

     (11) A "retail sale" or "sale at retail" means any retail sale or sale at retail as defined in �

44-18-8.

     (12) "Retail sale facilitator" means any person or persons that facilitates a sale by a retailer

by engaging in the following types of activities:

     (A) Using in-state software to make sales at retail of tangible personal property, prewritten

computer software delivered electronically or by load and leave, and/or taxable services; or

     (B) Contracting or otherwise agreeing with a retailer to list and/or advertise for sale

tangible personal property, prewritten computer software delivered electronically or by load and

leave, and/or taxable services in any forum, including, but not limited to, a catalog or internet

website; and

     (C) Either directly or indirectly through agreements or arrangements with third parties,

collecting payments from the in-state customer and transmitting those payments to a retailer. A

person or persons may be a retail sale facilitator regardless of whether they deduct any fees from

the transaction. The division may define in regulation circumstances under which a retail sale

facilitator shall be deemed to facilitate a retail sale.

     (D) A person or persons who engages in the type of activity set forth in subsection (12) (A)

above or both of the types of activities set forth in subsections (12) (B) and (12) (C) above shall be

presumed to be a retail sale facilitator.

     (E) The term "retail sale facilitator" will no longer apply to any entity that meets the

definition of this subsection effective ninety (90) days after the enactment of this amended chapter,

at which time such entity shall be classified as a "marketplace facilitator" as referenced above in

R.I. Gen. Laws � 44-18.2-2(5).

     (13) A "retailer" means retailer as defined in � 44-18-15.

     (14) Specified digital products refers to the same term as defined in � 44-18-7.1(x) effective

July 1, 2019.

     (14)(15) "State" means the State of Rhode Island and Providence Plantations.

     (15)(16) "Streamlined agreement" means the Streamlined Sales and Use Tax Agreement

as referenced in � 44-18.1-1 et seq.

     (16)(17) "Vendor-hosted prewritten computer software" refers to the same term as defined

in R.I. Gen. Laws � 44-18-7.1(g)(vii) effective October 1, 2018.


 

 

 

 

 

 

 

 

411)

Section

Amend Chapter Numbers:

 

44-18.2-3

11,12, and 88 (article 5)

 

 

44-18.2-3. Requirements for non-collecting retailers, referrers, and retail sale

facilitators.

     (A) Except as otherwise provided below in � 44-18.2-4, beginning on the later of July 15,

2017, or two (2) weeks after the enactment of this chapter, and for each tax year thereafter prior

to ninety (90) days after the effective date of the amendment of this chapter, any non-collecting

retailer, referrer, or retail sale facilitator, as defined in this chapter, that in the immediately

preceding calendar year either:

     (i) Has gross revenue from the sale of tangible personal property, prewritten computer

software delivered electronically or by load and leave, and/or has taxable services delivered into

this state equal to or exceeding one hundred thousand dollars ($100,000); or

     (ii) Has sold tangible personal property, prewritten computer software delivered

electronically or by load and leave, and/or taxable services for delivery into this state in two

hundred (200) or more separate transactions shall comply with the requirements in subsections

(EF), (FG), and (GH) as applicable.

     (B) A non-collecting retailer, as defined in this chapter, shall comply with subsection

(E)(F) below if it meets the criteria of either subsection (A)(i) or (A)(ii) above.

     (C) A referrer, as defined in this chapter, shall comply with subsection (FG) below if it

meets the criteria of either subsection (A)(i) or (A)(ii) above.

     (D) A retail sale facilitator, as defined in this chapter, shall comply with subsection (GH)

below if it meets the criteria of either subsection (A)(i) or (A)(ii) above.

     (E) Any non-collecting retailer, retail sale facilitator and/or referrer that is collecting and

remitting sales tax into this state prior to the enactment of this amended chapter, date to be

inserted after enactment, shall be deemed a remote seller and/or marketplace facilitator and/or

referrer and shall continue to collect and remit sales tax.

     Beginning on ninety (90) days after the enactment of this amended chapter, date to be

inserted after enactment, any remote seller, marketplace seller, marketplace facilitator, and/or

referrer, as defined in this chapter, who is not collecting and remitting sales tax shall comply with

the requirements in subsection (I) if that remote seller, marketplace seller, marketplace facilitator,

and/or referrer, as defined in this chapter: (i) has Has not been collecting or remitting sales tax in

this state and, in the immediately preceding calendar year either:

     (i) Has gross revenue from the sale of tangible personal property, prewritten computer

software delivered electronically or by load and leave, vendor-hosted prewritten computer

software, and/or has taxable services delivered into this state equal to or exceeding one hundred

thousand dollars ($100,000); or

     (ii) Has sold tangible personal property, prewritten computer software delivered

electronically or by load and leave, vendor-hosted prewritten computer software, and/or taxable

services for delivery into this state in two hundred (200) or more separate transactions.

     (EF) Non-collecting retailer. A non-collecting retailer shall either register in this state for

a permit to make sales at retail and collect and remit sales and use tax on all taxable sales into the

state or:

     (1) Post a conspicuous notice on its website that informs in-state customers that sales or

use tax is due on certain purchases made from the non-collecting retailer and that this state

requires the in-state customer to file a sales or use tax return;

     (2) At the time of purchase, notify in-state customers that sales or use tax is due on

taxable purchases made from the non-collecting retailer and that the state of Rhode Island

requires the in-state customer to file a sales or use tax return;

     (3) Within forty-eight (48) hours of the time of purchase, notify in-state customers in

writing that sales or use tax is due on taxable purchases made from the non-collecting retailer and

that this state requires the in-state customer to file a sales or use tax return reflecting said

purchase;

     (4) On or before January 31 of each year, including January 31, 2018, for purchases made

in calendar year 2017, send a written notice to all in-state customers who have cumulative annual

taxable purchases from the non-collecting retailer totaling one hundred dollars ($100) or more for

the prior calendar year. The notification shall show the name of the non-collecting retailer, the

total amount paid by the in-state customer to the non-collecting retailer in the previous calendar

year, and, if available, the dates of purchases, the dollar amount of each purchase, and the

category or type of the purchase, including, whether the purchase is exempt or not exempt from

taxation in Rhode Island. The notification shall include such other information as the division

may require by rule and regulation. The notification shall state that the state of Rhode Island

requires a sales or use tax return to be filed and sales or use tax to be paid on certain categories or

types of purchases made by the in-state customer from the non-collecting retailer. The

notification shall be sent separately to all in-state customers by first-class mail and shall not be

included with any other shipments or mailings. The notification shall include the words

"Important Tax Document Enclosed" on the exterior of the mailing; and

     (5) Beginning on February 15, 2018, and not later than each February 15 thereafter, a

non-collecting retailer that has not registered in this state for a permit to make sales at retail and

collect and remit sales and use tax on all taxable sales into the state for any portion of the prior

calendar year, shall file with the division on such form and/or in such format as the division

prescribes an attestation that the non-collecting retailer has complied with the requirements of

subsections (EF) (1) -- (EF) (4) herein.

     (FG) Referrer. At such time during any calendar year, or any portion thereof, that a

referrer receives more than ten thousand dollars ($10,000) from fees, commissions, and/or other

compensation paid to it by retailers with whom it has a contract or agreement to list and/or

advertise for sale tangible personal property, prewritten computer software delivered

electronically or by load and leave, and/or taxable services, said referrer shall within thirty (30)

days provide written notice to all such retailers that the retailers' sales may be subject to this

state's sales and use tax.

     (GH) Retail sale facilitator. Beginning January 15, 2018, and each year thereafter, a retail

sale facilitator shall provide the division of taxation with:

     (i) A list of names and addresses of the retailers for whom during the prior calendar year

the retail sale facilitator collected Rhode Island sales and use tax; and

     (ii) A list of names and addresses of the retailers who during the prior calendar year used

the retail sale facilitator to serve in-state customers but for whom the retail sale facilitator did not

collect Rhode Island sales and use tax.

     (I) Remote sellers, referrers, and marketplace facilitators. A remote seller, referrer, and

marketplace facilitator shall register in this state for a permit to make sales at retail and collect

and remit sales and use tax on all taxable sales into the state.

     (i) A marketplace facilitator shall collect sales and use tax on all sales made through the

marketplace to purchasers in this state whether or not the marketplace seller (1) has Has or is

required to have a permit to make sales at retail or (2) would Would have been required to collect

and remit sales and use tax had the sale not been made through the marketplace provider

facilitator.

     (ii) A marketplace facilitator shall certify to its marketplace sellers that it will collect and

remit sales and use tax on sales of taxable items made through the marketplace. A marketplace

seller that accepts a marketplace provider�s facilitator�s collection certificate in good faith may

exclude sales made through the marketplace from the marketplace seller's returns under Chapters

chapters 18 and 19 of Title title 44 of the Rhode Island General Laws.

     (iii) A marketplace facilitator with respect to a sale of tangible personal property,

prewritten computer software delivered electronically by load and leave, vendor-hosted

prewritten software, and/or taxable services it facilitates:

     (A) shall Shall have all the obligations and rights of a retailer under Chapters chapters

18 and 19 of Title title 44 of the Rhode Island General Laws and under any regulations adopted

pursuant thereto, including, but not limited to, the duty to obtain a certificate of authority, to

collect tax, file returns, remit tax, and the right to accept a certificate or other documentation from

a customer substantiating an exemption or exclusion from tax, the right to receive a refund or

credit allowed by law; and (B) shall Shall keep such records and information and cooperate with

the tax administrator to ensure the proper collection and remittance of tax imposed, collected, or

required to be collected under Chapters chapters 18 and 19 of Title title 44 of the Rhode Island

General Laws.

     (iv) A marketplace facilitator shall be subject to audit by the tax administrator with

respect to all retail sales for which it is required to collect and pay the tax imposed under Chapters

chapters 18 and 19 of Title title 44 of the Rhode Island General Laws. Where the tax

administrator audits the marketplace facilitator, the tax administrator is prohibited from auditing

the marketplace seller for the same retail sales unless the marketplace facilitator seeks relief under

this subsection (iv) (v).

     (v) If the marketplace facilitator demonstrates to the tax administrator's satisfaction that

the marketplace facilitator has made a reasonable effort to obtain accurate information from the

marketplace seller about a retail sale and that the failure to collect and pay the correct amount of

tax imposed under Chapters chapters 18 and 19 of Title title 44 of the Rhode Island General

Laws was due to incorrect information provided to the marketplace facilitator by the marketplace

seller, then the marketplace facilitator shall be relieved of liability of the tax for that retail sale.

This subsection (v) does not apply with regard to a retail sale for which the marketplace facilitator

is the seller or if the marketplace facilitator and seller are affiliates. Where the marketplace

facilitator is relieved under this subsection (v), the seller is liable for the tax imposed under

Chapters chapters 18 and 19 of Title title 44 of the Rhode Island General Laws.

     (vi) A class action may not be brought against a marketplace facilitator on behalf of

purchasers arising from or in any way related to an overpayment of sales or use tax collected by

the marketplace facilitator, regardless of whether such action is characterized as a tax refund

claim. Nothing in this subsection (vi) shall affect a purchaser's right to seek a refund as otherwise

allowed by law.

     (HJ) Any person or entity that engages in any activity or activities of a non-collecting

retailer, referrer, and/or retail sale facilitator as defined herein shall be presumed to be a non-

collecting retailer, referrer, and/or retail sale facilitator as applicable even if referred to by another

name or designation. Said person or entity shall be subject to the terms and conditions set forth in

this chapter.

44-18.2-3. Requirements for non-collecting retailers, referrers, and retail sale

facilitators.

     (A) Except as otherwise provided below in � 44-18.2-4, beginning on the later of July 15,

2017, or two (2) weeks after the enactment of this chapter, and for each tax year thereafter prior to

ninety (90) days after the effective date of the amendment of this chapter, any non-collecting

retailer, referrer, or retail sale facilitator, as defined in this chapter, that in the immediately

preceding calendar year either:

     (i) Has gross revenue from the sale of tangible personal property, prewritten computer

software delivered electronically or by load and leave, and/or has taxable services delivered into

this state equal to or exceeding one hundred thousand dollars ($100,000); or

     (ii) Has sold tangible personal property, prewritten computer software delivered

electronically or by load and leave, and/or taxable services for delivery into this state in two

hundred (200) or more separate transactions shall comply with the requirements in subsections (F),

(G), and (H) as applicable.

     (B) A non-collecting retailer, as defined in this chapter, shall comply with subsection (F)

below if it meets the criteria of either subsection (A)(i) or (A)(ii) above.

     (C) A referrer, as defined in this chapter, shall comply with subsection (G) below if it meets

the criteria of either subsection (A)(i) or (A)(ii) above.

     (D) A retail sale facilitator, as defined in this chapter, shall comply with subsection (H)

below if it meets the criteria of either subsection (A)(i) or (A)(ii) above.

     (E) Any noncollecting retailer, retail sale facilitator and/or referrer that is collecting and

remitting sales tax into this state prior to the enactment of this amended chapter, date to be inserted

after enactment, shall be deemed a remote seller and/or marketplace facilitator and/or referrer and

shall continue to collect and remit sales tax.

     Beginning on ninety (90) days after the enactment of this amended chapter, date to be

inserted after enactment, any remote seller, marketplace seller, marketplace facilitator, and/or

referrer, as defined in this chapter, who is not collecting and remitting sales tax shall comply with

the requirements in subsection (I) if that remote seller, marketplace seller, marketplace facilitator,

and/or referrer, as defined in this chapter: (i) has not been collecting or remitting sales tax in this

state and, in the immediately preceding calendar year either:

     (i) Has gross revenue from the sale of tangible personal property, prewritten computer

software delivered electronically or by load and leave, vendor-hosted prewritten computer

software, specified digital products, and/or has taxable services delivered into this state equal to or

exceeding one hundred thousand dollars ($100,000); or

     (ii) Has sold tangible personal property, prewritten computer software delivered

electronically or by load and leave, vendor-hosted prewritten computer software, specified digital

products, and/or taxable services for delivery into this state in two hundred (200) or more separate

transactions.

     (F) Non-collecting retailer. A non-collecting retailer shall either register in this state for a

permit to make sales at retail and collect and remit sales and use tax on all taxable sales into the

state or:

     (1) Post a conspicuous notice on its website that informs in-state customers that sales or

use tax is due on certain purchases made from the non-collecting retailer and that this state requires

the in-state customer to file a sales or use tax return;

     (2) At the time of purchase, notify in-state customers that sales or use tax is due on taxable

purchases made from the non-collecting retailer and that the state of Rhode Island requires the in-

state customer to file a sales or use tax return;

     (3) Within forty-eight (48) hours of the time of purchase, notify in-state customers in

writing that sales or use tax is due on taxable purchases made from the non-collecting retailer and

that this state requires the in-state customer to file a sales or use tax return reflecting said purchase;

     (4) On or before January 31 of each year, including January 31, 2018, for purchases made

in calendar year 2017, send a written notice to all in-state customers who have cumulative annual

taxable purchases from the non-collecting retailer totaling one hundred dollars ($100) or more for

the prior calendar year. The notification shall show the name of the non-collecting retailer, the total

amount paid by the in-state customer to the non-collecting retailer in the previous calendar year,

and, if available, the dates of purchases, the dollar amount of each purchase, and the category or

type of the purchase, including, whether the purchase is exempt or not exempt from taxation in

Rhode Island. The notification shall include such other information as the division may require by

rule and regulation. The notification shall state that the state of Rhode Island requires a sales or use

tax return to be filed and sales or use tax to be paid on certain categories or types of purchases made

by the in-state customer from the non-collecting retailer. The notification shall be sent separately

to all in-state customers by first-class mail and shall not be included with any other shipments or

mailings. The notification shall include the words "Important Tax Document Enclosed" on the

exterior of the mailing; and

     (5) Beginning on February 15, 2018, and not later than each February 15 thereafter, a non-

collecting retailer that has not registered in this state for a permit to make sales at retail and collect

and remit sales and use tax on all taxable sales into the state for any portion of the prior calendar

year, shall file with the division on such form and/or in such format as the division prescribes an

attestation that the non-collecting retailer has complied with the requirements of subsections (F)

(1) -- (F) (4) herein.

     (G) Referrer. At such time during any calendar year, or any portion thereof, that a referrer

receives more than ten thousand dollars ($10,000) from fees, commissions, and/or other

compensation paid to it by retailers with whom it has a contract or agreement to list and/or advertise

for sale tangible personal property, prewritten computer software delivered electronically or by

load and leave, and/or taxable services, said referrer shall within thirty (30) days provide written

notice to all such retailers that the retailers' sales may be subject to this state's sales and use tax.

     (H) Retail sale facilitator. Beginning January 15, 2018, and each year thereafter, a retail

sale facilitator shall provide the division of taxation with:

     (i) A list of names and addresses of the retailers for whom during the prior calendar year

the retail sale facilitator collected Rhode Island sales and use tax; and

     (ii) A list of names and addresses of the retailers who during the prior calendar year used

the retail sale facilitator to serve in-state customers but for whom the retail sale facilitator did not

collect Rhode Island sales and use tax.

     (I) Remote sellers, referrers, and marketplace facilitators. A remote seller, referrer, and

marketplace facilitator shall register in this state for a permit to make sales at retail and collect and

remit sales and use tax on all taxable sales into the state.

     (i) A marketplace facilitator shall collect sales and use tax on all sales made through the

marketplace to purchasers in this state whether or not the marketplace seller (1) has or is required

to have a permit to make sales at retail or (2) would have been required to collect and remit sales

and use tax had the sale not been made through the marketplace provider facilitator.

     (ii) A marketplace facilitator shall certify to its marketplace sellers that it will collect and

remit sales and use tax on sales of taxable items made through the marketplace. A marketplace

seller that accepts a marketplace provider's facilitator's collection certificate in good faith may

exclude sales made through the marketplace from the marketplace seller's returns under Chapters

18 and 19 of Title 44 of the Rhode Island General Laws.

     (iii) A marketplace facilitator with respect to a sale of tangible personal property,

prewritten computer software delivered electronically by load and leave, vendor-hosted prewritten

software, and/or taxable services it facilitates:

     (A) (a) shall have all the obligations and rights of a retailer under Chapters 18 and 19 of

Title 44 of the Rhode Island General Laws and under any regulations adopted pursuant thereto,

including, but not limited to, the duty to obtain a certificate of authority, to collect tax, file returns,

remit tax, and the right to accept a certificate or other documentation from a customer substantiating

an exemption or exclusion from tax, the right to receive a refund or credit allowed by law; and (B)

(b) shall keep such records and information and cooperate with the tax administrator to ensure the

proper collection and remittance of tax imposed, collected, or required to be collected under

Chapters 18 and 19 of Title 44 of the Rhode Island General Laws.

     (iv) A marketplace facilitator shall be subject to audit by the tax administrator with respect

to all retail sales for which it is required to collect and pay the tax imposed under Chapters 18 and

19 of Title 44 of the Rhode Island General Laws. Where the tax administrator audits the

marketplace facilitator, the tax administrator is prohibited from auditing the marketplace seller for

the same retail sales unless the marketplace facilitator seeks relief under this subsection (iv)

subsection (v).

     (v) If the marketplace facilitator demonstrates to the tax administrator's satisfaction that the

marketplace facilitator has made a reasonable effort to obtain accurate information from the

marketplace seller about a retail sale and that the failure to collect and pay the correct amount of

tax imposed under Chapters 18 and 19 of Title 44 of the Rhode Island General Laws was due to

incorrect information provided to the marketplace facilitator by the marketplace seller, then the

marketplace facilitator shall be relieved of liability of the tax for that retail sale. This subsection (v)

does not apply with regard to a retail sale for which the marketplace facilitator is the seller or if the

marketplace facilitator and seller are affiliates. Where the marketplace facilitator is relieved under

this subsection (v), the seller is liable for the tax imposed under Chapters 18 and 19 of Title 44 of

the Rhode Island General Laws.

     (vi) A class action may not be brought against a marketplace facilitator on behalf of

purchasers arising from or in any way related to an overpayment of sales or use tax collected by

the marketplace facilitator, regardless of whether such action is characterized as a tax refund claim.

Nothing in this subsection (vi) shall affect a purchaser's right to seek a refund as otherwise allowed

by law.

     (J) Any person or entity that engages in any activity or activities of a non-collecting retailer,

referrer, and/or retail sale facilitator as defined herein shall be presumed to be a non-collecting

retailer, referrer, and/or retail sale facilitator as applicable even if referred to by another name or

designation. Said person or entity shall be subject to the terms and conditions set forth in this

chapter.


 

 

 

 

412)

Section

Amend Chapter Numbers:

 

44-18.2-4

11 and 12

 

 

44-18.2-4. Exceptions for referrers and retail sale facilitators.

     (A)(i) Notwithstanding the provisions of � 44-18.2-3, no retail sale facilitator shall be

required to comply with the provisions of � 44-18.2-3(GH), for any sale where the retail sale

facilitator within ninety (90) days of the date of the sale has been provided either:

     (1) A copy of the retailer's Rhode Island sales tax permit to make sales at retail in this

state or its resale certificate as applicable; or

     (2) Evidence of a fully completed Rhode Island or Streamlined agreement sales and use

tax exemption certificate.

     (ii) Notwithstanding the provisions of � 44-18.2-3, no referrer shall be required to comply

with the provisions of � 44-18.2-3(FG) for any referral where the referrer within ninety (90) days

of the date of the sale has been provided either:

     (1) A copy of the retailer's Rhode Island sales tax permit to make sales at retail in this

state or its resale certificate as applicable; or

     (2) Evidence of a fully completed Rhode Island or Streamlined agreement sales and use

tax exemption certificate.

     (B) Nothing in this section shall be construed to interfere with the ability of a non-

collecting retailer, referrer, or retail sale facilitator and a retailer to enter into agreements with

each other; provided, however, the terms of said agreements shall not in any way be inconsistent

with or contravene the requirements of this chapter.

     (C) The provisions of subsections (A) and (B) herein will not be applicable as of ninety

(90) days after the effective date of the amendment of this chapter.


 

 

 

 

413)

Section

Amend Chapter Numbers:

 

44-18.2-5

11 and 12

 

 

44-18.2-5. Penalties.

     Prior to ninety (90) days after the effective date of the enactment of the amendment of

this chapter or date to be inserted upon enactment, Aany non-collecting retailer, referrer, or retail

sale facilitator that fails to comply with any of the requirements of this chapter shall be subject to

a penalty of ten dollars ($10.00) for each such failure, but not more less than a total penalty of ten

thousand dollars ($10,000) per calendar year. As of ninety (90) days after the effective date of the

enactment of this chapter or date to be inserted after enactment, any remote seller, referrer, or

marketplace facilitator that fails to comply with any of the requirements of this chapter shall be

subject to a penalty of ten dollars ($10.00) for each such failure, but not less than a total penalty

of ten thousand dollars ($10,000) per calendar year. Each instance of failing to comply with the

requirements of this chapter shall constitute a separate violation for purposes of calculating the

penalty under this section. This penalty shall be in addition to any other applicable penalties

under title 44.


 

 

 

 

414)

Section

Amend Chapter Numbers:

 

44-18.2-6

11 and 12

 

 

44-18.2-6. Other obligations.

     (A) Nothing in this section affects the obligation of any in-state customer to remit use tax

as to any applicable transaction in which the seller, non-collecting retailer, or retail sale

facilitator, remote seller, marketplace seller, or marketplace facilitator has not collected and

remitted the sales tax for said transaction.

     (B) Nothing in this chapter shall be construed as relieving any other person or entity

otherwise required to collect and remit sales and use tax under applicable Rhode Island law from

continuing to do so.

     (C) In the event that any section of this chapter is later determined to be unlawful, no

person, persons, or entity shall have a cause of action against the person that collected and

remitted the sales and use tax pursuant to this chapter.


 

 

 

 

415)

Section

Amend Chapter Numbers:

 

44-19-13

192 and 215

 

 

44-19-13. Notice of determination.

     (a) The tax administrator shall give to the retailer or to the person storing, using, or

consuming the tangible personal property a written notice of his or her determination. Except in

the case of fraud, intent to evade the provisions of this article, failure to make a return, or claim

for additional amount pursuant to �� 44-19-16 -- 44-19-19, every notice of a deficiency

determination shall be mailed within three (3) years after the fifteenth (15th) day of the calendar

month following the month for which the amount is proposed to be determined or within three (3)

years after the return is filed, whichever period expires later, unless a longer period is agreed

upon by the tax administrator and the taxpayer.

     (b) Notwithstanding the provisions of subsection (a) of this section, under no

circumstances shall the tax administrator issue a notice of a deficiency determination for any sales

or use tax determined to be due and payable more than ten (10) years after the return is filed or

was due to be filed, nor shall the tax administrator commence any collection action for any tax

that is due and payable unless the collection action is commenced within ten (10) years after a

notice of a deficiency determination becomes a final collectible assessment; provided, however,

that the tax administrator may renew a statutory lien that was initially filed within the ten-(10)

year (10) period for collection actions. Both of the aforementioned ten-(10) year (10) periods are

tolled for any period of time the taxpayer is in federal bankruptcy or state receivership

proceedings. �Collection action� refers to any activity undertaken by the division of taxation to

collect on any state tax liabilities that are final, due, and payable under Rhode Island law.

�Collection action� may include, but is not limited to, any civil action involving a liability owed

under chapters 18, 18.1, 18.2, and 19 of title 44. This section excludes any sales and use tax

liabilities that are deemed trust funds as defined in � 44-19-35, as well as any meals and beverage

tax liabilities that are collected pursuant to � 44-18-18.1, and any hotel tax liabilities that are

collected pursuant to � 44-18-36.1.

     (c) The ten-(10) year (10) limitation shall not apply to the renewal or continuation of the

state's attempt to collect a liability that became final, due, and payable within the ten-(10) year

(10) limitation periods set forth in this section.


 

 

 

 

416)

Section

Amend Chapter Numbers:

 

44-23-9

192 and 215

 

 

44-23-9. Assessment and notice of estate tax -- Collection powers -- Lien.

     (a) The tax imposed by � 44-22-1.1 shall be assessed upon the full and fair cash value of

the net estate determined by the tax administrator as provided in this chapter. Notice of the

amount of the tax shall be mailed to the executor, administrator, or trustee, but failure to receive

the notice does not excuse the nonpayment of or invalidate the tax. The tax administrator shall

receive and collect the assessed taxes in the same manner and with the same powers as are

prescribed for and given to the collectors of taxes by chapters 7 -- 9 of this title. The tax shall be

due and payable as provided in � 44-23-16, shall be paid to the tax administrator, and shall be and

remain a lien upon the estate until it is paid. All executors, administrators, and trustees are

personally liable for the tax until it is paid.

     (b) Notwithstanding the provisions of subsection (a) of this section, under no

circumstances shall the tax administrator issue any notice of deficiency determination for the

amount of the estate tax due more than ten (10) years after the return was filed or should have

been filed, nor shall the tax administrator commence any collection action for any estate tax due

and payable unless the collection action is commenced within ten (10) years after the date a

notice of deficiency determination became a final collectible assessment. �Collection action�

refers to any activity undertaken by the division of taxation to collect on any state tax liabilities

that are final, due, and payable under Rhode Island law. �Collection action� may include, but is

not limited to, any civil action involving a liability owed under chapters 22 and 23 of title 44.

     (c) The ten-(10) year (10) limitation shall not apply to the renewal or continuation of the

state's attempt to collect a liability that became final, due, and payable within the ten-(10) year

(10) limitation periods set forth in this section.


 

 

 

 

417)

Section

Amend Chapter Numbers:

 

44-30-71.3

175 and 235

 

 

44-30-71.3. Sale of real property by nonresidents -- Withholding requirements.

     (a) In a sale of real property and associated tangible personal property owned by a

nonresident, the buyer shall deduct and withhold on the payments an amount equal to six percent

(6%) of the total payment to nonresident individuals, estates, partnerships, or trusts, and nine

percent (9%) seven percent (7%) of the total payment to nonresident corporations. For purposes

of this section, a "nonresident corporation" is a corporation that is neither incorporated in this

state nor authorized by the secretary of state or board of bank incorporation to do business in this

state.

     (b) "Total payment" means the net proceeds of the sale actually paid to the nonresident

seller, including the fair market value of any property to be transferred to the seller.

     (c) Every buyer subject to the withholding, deduction, and payment provisions of this

section shall be liable for all amounts withheld, or required to be withheld, and the amount

required to be withheld under the provisions of this section shall, until remitted, constitute a lien

upon the property of the owner.

     (d) The buyer shall remit all monies deducted and withheld pursuant to subsection (a) of

this section to the tax administrator within three (3) banking days of the date of closing on forms

prescribed by the tax administrator. Interest provisions of � 44-1-7 shall be applicable to this

section.

     (e) Payments upon which monies were deducted and withheld pursuant to subsection (a)

of this section shall be deemed to have been paid to the tax administrator on behalf of the person

from whom it was withheld and the person shall be credited with having paid that amount for the

taxable year beginning in that calendar year.

     (f) The closing attorney, lending institution, and real estate agent or broker in any

transaction governed by the provisions of this section is not subject to the withholding, deduction,

or payment provisions of this section.

     (g) All forms prescribed by the tax administrator which that require recording in the land

evidence records shall include the name of the sellers and the street address of the property.

     (h) Notwithstanding any other provision of this section to the contrary, a lien created by

the provisions of this section shall cease to be a lien upon or enforceable against real estate upon

the expiration of a period of ten (10) years from and after the date of the sale of real property and

associated tangible personal property which that gave rise to the lien.


 

 

 

 

418)

Section

Amend Chapter Numbers:

 

44-30-83

192 and 215

 

 

44-30-83. Limitations on assessment.

     (a) General. Except as otherwise provided in this section the amount of the Rhode Island

personal income tax shall be assessed within three (3) years after the return was filed, whether or

not the return was filed on or after the prescribed date. For this purpose a tax return filed before

the due date shall be considered as filed on the due date; and a return of withholding tax for any

period ending with or within a calendar year filed before April 15 of the succeeding calendar year

shall be considered filed on April 15 of the succeeding calendar year.

     (b) Exceptions.

     (1) Assessment at any time. The tax may be assessed at any time if:

     (i) No return is filed;

     (ii) A false or fraudulent return is filed with intent to evade tax; or

     (iii) The taxpayer fails to file a report, pursuant to � 44-30-59, of a change, correction, or

amended return, increasing his or her federal taxable income as reported on his or her federal

income tax return or to report a change or correction which that is treated in the same manner as

if it were a deficiency for federal income tax purposes.

     (2) Extension by agreement. Where, before the expiration of the time prescribed in this

section for the assessment of tax, or before the time as extended pursuant to this section, both the

tax administrator and the taxpayer have consented in writing to its assessment after that time, the

tax may be assessed at any time prior to the expiration of the period agreed upon.

     (3) Report of changed or corrected federal income. If the taxpayer shall, pursuant to � 44-

30-59, file an amended return, or report a change or correction increasing his or her federal

taxable income or report a change or correction which that is treated in the same manner as if it

were a deficiency for federal income tax purposes, an assessment may be made at any time prior

to two (2) years after the report or amended return was filed. This assessment of Rhode Island

personal income tax shall not exceed the amount of the increase attributable to the federal change,

correction, or items amended on the taxpayer's amended federal income tax return. The

provisions of this paragraph shall not affect the time within which or the amount for which an

assessment may otherwise be made.

     (4) Deficiency attributable to net operating loss carryback. If a taxpayer's deficiency is

attributable to an excessive net operating loss carryback allowance, it may be assessed at any time

that a deficiency for the taxable year of the loss may be assessed.

     (5) Recovery of erroneous refund. An erroneous refund shall be considered to create an

underpayment of tax on the date made. An assessment of a deficiency arising out of an erroneous

refund may be made at any time within three (3) years thereafter, or at any time if it appears that

any part of the refund was induced by fraud or misrepresentation of a material fact.

     (6) Armed forces relief. For purposes of this tax, the date appearing in 26 U.S.C. � 692(a)

shall be January 1, 1971.

     (c) Omission of income on return. Notwithstanding the foregoing provisions of this

section, the tax may be assessed at any time within six (6) years after the return was filed if an

individual omits from his or her Rhode Island income an amount properly includible therein

which is in excess of twenty-five percent (25%) of the amount of Rhode Island income stated in

the return. For this purpose there shall not be taken into account any amount which that is

omitted in the return if the amount is disclosed in the return, or in a statement attached to the

return, in a manner adequate to apprise the tax administrator of the nature and amount of the item.

     (d) Suspension of limitation. The running of the period of limitations on assessment or

collection of tax or other amount (or of a transferee's liability) shall, after the mailing of a notice

of deficiency, be suspended for the period during which the tax administrator is prohibited under

� 44-30-81(c) from making the assessment or from collecting by levy, and for sixty (60) days

thereafter.

     (e) Limitations exclusive. No period of limitations specified in any other law shall apply

to the assessment or collection of Rhode Island personal income tax. Under no circumstances

shall the tax administrator issue any notice of a deficiency determination for Rhode Island

personal income tax due or payable more than ten (10) years after the date upon which the return

was filed or due to be filed, nor shall the tax administrator commence any collection action for

any personal income tax due and payable unless the collection action is commenced within ten

(10) years after a notice of deficiency determination became a final collectible assessment;

provided however, that the tax administrator can renew a statutory lien that was initially filed

within the ten-(10) year (10) period for collection actions. Both of the aforementioned ten-(10)

year (10) periods are tolled for any period of time the taxpayer is in federal bankruptcy or state

receivership proceedings. �Collection action� refers to any activity undertaken by the division of

taxation to collect on any state tax liabilities that are final, due, and payable under Rhode Island

law. �Collection action� may include, but is not limited to, any civil action involving a liability

owed under chapter 30 of title 44. This section excludes any liabilities that are deemed trust funds

as defined in � 44-30-76, as amended.

     (f) The ten-(10) year (10) limitation shall not apply to the renewal or continuation of the

state's attempt to collect a liability that became final, due, and payable within the ten (10) year

limitation periods set forth in this section.


 

 

 

 

 

419)

Section

Amend Chapter Numbers:

 

44-31.3-2

41 and 54

 

 

44-31.3-2. Musical and theatrical production tax credits.

     (a) Definitions. As used in this chapter:

     (1) "Accredited theater production" means a for-profit live stage presentation in a

qualified production facility, as defined in this chapter that is either: (i) A Pre-Broadway

production, or (ii) A Post-Broadway production.

     (2) "Accredited theater production certificate" means a certificate issued by the film

office certifying that the production is an accredited theater production that meets the guidelines

of this chapter.

     (3) "Advertising and public relations expenditure" means costs incurred within the state

by the accredited theater productions for goods or services related to the national marketing,

public relations, creation and placement of print, electronic, television, billboards and other forms

of advertising to promote the accredited theater production.

     (4) "Payroll" means all salaries, wages, fees, and other compensation including related

benefits for services performed and costs incurred within Rhode Island.

     (5) "Pre-broadway production" means a live stage production that, in its original or

adaptive version, is performed in a qualified production facility having a presentation scheduled

for Broadway's theater district in New York City within (12) months after its Rhode Island

presentation.

     (6) "Post-broadway production" means a live stage production that, in its original or

adaptive version, is performed in a qualified production facility and opens its US tour in Rhode

Island after a presentation scheduled for Broadway's theater district in New York City.

     (7) "Production and performance expenditures" means a contemporaneous exchange of

cash or cash equivalent for goods or services related to development, production, performance, or

operating expenditures incurred in this state for a qualified theater production including, but not

limited to, expenditures for design;, construction and operation, including sets, special and visual

effects, costumes, wardrobes, make-up, accessories; costs associated with sound, lighting,

staging, payroll, transportation expenditures, advertising and public relations expenditures,

facility expenses, rentals, per diems, accommodations and other related costs.

     (8) "Qualified production facility" means a facility located in the state of Rhode Island in

which live theatrical productions are, or are intended to be, exclusively presented that contains at

least one stage, a seating capacity of one thousand (1,000) or more seats, and dressing rooms,

storage areas, and other ancillary amenities necessary for the accredited theater production.

     (9) "Resident" or "Rhode Island resident" means, for the purpose of determination of

eligibility for the tax incentives provided by this chapter, an individual who is domiciled in the

state of Rhode Island or who is not domiciled in this state but maintains a permanent place of

abode in this state and is in this state for an aggregate of more than one hundred eighty-three

(183) days of the taxable year, unless the individual is in the armed forces of the United States.

     (10) "Rhode Island film and television office" means the office within the department of

administration that has been established in order to promote and encourage the locating of film

and television productions within the state of Rhode Island. The office is also referred to as the

"film office".

     (11)(i) "Transportation expenditures" means expenditures for the packaging, crating, and

transportation both to the state for use in a qualified theater production of sets, costumes, or other

tangible property constructed or manufactured out of state, and/or from the state after use in a

qualified theater production of sets, costumes, or other tangible property constructed or

manufactured in this state and the transportation of the cast and crew to and from the state. Such

term shall include the packaging, crating, and transporting of property and equipment used for

special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up, and related

accessories and materials, as well as any other performance or production-related property and

equipment.

     (ii) Transportation expenditures shall not include any costs to transport property and

equipment to be used only for filming and not in a qualified theater production, any indirect costs,

and expenditures that are later reimbursed by a third party, or any amounts that are paid to

persons or entities as a result of their participation in profits from the exploitation of the

production.

     (b) Tax credit.

     (1) Any person, firm, partnership, trust, estate, or other entity that receives an accredited

theater production certificate shall be allowed a tax credit equal to twenty-five percent (25%)

thirty percent (30%) of the total production and performance expenditures and transportation

expenditures for the accredited theater production and to be computed as provided in this chapter

against a tax imposed by chapters 11, 12, 13, 14, 17, and 30 of this title. Said credit shall not

exceed five million dollars ($5,000,000) and shall be limited to certified production cost directly

attributable to activities in the state and transportation expenditures defined above. The total

production budget shall be a minimum of one hundred thousand dollars ($100,000).

     (2) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

year for motion picture tax credits pursuant to chapter 31.2 of this title and/or musical and

theatrical production tax credits pursuant to this chapter. Said credits shall be equally available to

motion picture productions and musical and theatrical productions. No specific amount shall be

set aside for either type of production.

     (3) The tax credit shall be allowed against the tax for the taxable period in which the

credit is earned and can be carried forward for not more than three (3) succeeding tax years.

     (4) Credits allowed to a company that is a subchapter S corporation, partnership, or a

limited-liability company that is taxed as a partnership, shall be passed through respectively to

persons designated as partners, members, or owners on a pro rata basis or pursuant to an executed

agreement among such persons designated as subchapter S corporation shareholders, partners, or

members documenting an alternate distribution method without regard to their sharing of other

tax or economic attributes of such entity.

     (5) If the company has not claimed the tax credits in whole or part, taxpayers eligible for

the tax credits may assign, transfer, or convey the tax credits, in whole or in part, by sale or

otherwise, to any individual or entity and such assignee of the tax credits that have not claimed

the tax credits in whole or part may assign, transfer, or convey the tax credits, in whole or in part,

by sale or otherwise, to any individual or entity. The assignee of the tax credits may use acquired

credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed

pursuant to chapter 11, 12, 13 (other than the tax imposed under � 44-13-13), 14, 17, or 30 of this

title. The assignee may apply the tax credit against taxes imposed on the assignee for not more

than three (3) succeeding tax years. The assignor shall perfect the transfer by notifying the state

of Rhode Island division of taxation, in writing, within thirty (30) calendar days following the

effective date of the transfer and shall provide any information as may be required by the division

of taxation to administer and carry out the provisions of this section.

     (6) For purposes of this chapter, any assignment or sales proceeds received by the

assignor for its assignment or sale of the tax credits allowed pursuant to this section shall be

exempt from this title.

     (7) In the case of a corporation, this credit is only allowed against the tax of a corporation

included in a consolidated return that qualifies for the credit and not against the tax of other

corporations that may join in the filing of a consolidated tax return.

     (c) Certification and administration.

     (1) The applicant shall properly prepare, sign, and submit to the film office an application

for initial certification of the theater production. The application shall include such information

and data as the film office deems reasonably necessary for the proper evaluation and

administration of said application, including, but not limited to, any information about the theater

production company and a specific Rhode Island live theater or musical production. The film

office shall review the completed application and determine whether it meets the requisite criteria

and qualifications for the initial certification for the production. If the initial certification is

granted, the film office shall issue a notice of initial certification of the accredited theater

production to the theater production company and to the tax administrator. The notice shall state

that, after appropriate review, the initial application meets the appropriate criteria for conditional

eligibility. The notice of initial certification will provide a unique identification number for the

production and is only a statement of conditional eligibility for the production and, as such, does

not grant or convey any Rhode Island tax benefits.

     (2) Upon completion of an accredited theater production, the applicant shall properly

prepare, sign, and submit to the film office an application for final certification of the accredited

theater production. The final application shall also contain a cost report and an "accountant's

certification.". The film office and tax administrator may rely without independent investigation,

upon the accountant's certification, in the form of an opinion, confirming the accuracy of the

information included in the cost report. Upon review of a duly completed and filed application

and upon no later than thirty (30) days of submission thereof, the division of taxation will make a

determination pertaining to the final certification of the accredited theater production and the

resultant tax credits.

     (3) Upon determination that the company qualifies for final certification and the resultant

tax credits, the tax administrator of the division of taxation shall issue to the company: (i) An

Accredited Theater Production Certificate; and (ii) A tax credit certificate in an amount in

accordance with this section (b) hereof. A musical and theatrical production company is

prohibited from using state funds, state loans, or state guaranteed loans to qualify for the motion

picture tax credit. All documents that are issued by the film office pursuant to this section shall

reference the identification number that was issued to the production as part of its initial

certification.

     (4) The director of the department of administration, in consultation as needed with the

tax administrator, shall promulgate such rules and regulations as are necessary to carry out the

intent and purposes of this chapter in accordance with the general guidelines provided herein for

the certification of the production and the resultant production credit.

     (5) If information comes to the attention of the film office that is materially inconsistent

with representations made in an application, the film office may deny the requested certification.

In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs

and such tax credits have been transferred, assigned, and/or allocated, the state will pursue its

recapture remedies and rights against the applicant of the theater production tax credits. No

redress shall be sought against assignees, sellers, transferees, or allocates of such credits.

     (d) Information requests.

     (i) The director of the film office, and his or her agents, for the purpose of ascertaining

the correctness of any credit claimed under the provisions of this chapter, may examine any

books, paper, records, or memoranda bearing upon the matters required to be included in the

return, report, or other statement, and may require the attendance of the person executing the

return, report, or other statement, or of any officer or employee of any taxpayer, or the attendance

of any other person, and may examine the person under oath respecting any matter that the

director, or his or her agent, deems pertinent or material in administration and application of this

chapter and where not inconsistent with other legal provisions, the director may request

information from the tax administrator.

     (ii) The tax administrator, and his or her agents, for the purpose of ascertaining the

correctness of any credit claimed under the provisions of this chapter, may examine any books,

paper, records, or memoranda bearing upon the matters required to be included in the return,

report, or other statement, and may require the attendance of the person executing the return,

report, or other statement, or of any officer or employee of any taxpayer, or the attendance of any

other person, and may examine the person under oath respecting any matter which the tax

administrator or his or her agent deems pertinent or material in determining the eligibility for

credits claimed and may request information from the film office, and the film office shall

provide the information in all cases to the tax administrator.

     (e) The film office shall comply with the impact analysis and periodic reporting

provisions of � 44-31.2-6.1.


 

 

 

 

420)

Section

Amend Chapter Numbers:

 

44-31.3-4

41 and 54

 

 

44-31.3-4. Sunset.

     No credits shall be issued on or after July 1, 2019 July 1, 2024 unless the production has

received initial certification under subsection 44-31.3-2(c) prior to July 1, 2019 July 1, 2024.


 

 

 

 

421)

Section

Amend Chapter Numbers:

 

44-33.6-7

88 (article 5) and 291

 

 

44-33.6-7. Timing and reapplication.

     (a) Taxpayers shall have twelve (12) months from the approval of Part 2 application to

commence substantial construction activities related to the subject substantial rehabilitation.

Upon commencing substantial construction activities, the taxpayer shall submit an affidavit of

commencement of substantial construction to the commission, together with evidence of such the

requirements having been satisfied. Furthermore, after commencement of substantial construction

activities, no project shall remain idle prior to completion for a period of time exceeding six (6)

months. In the event that a taxpayer does not commence substantial construction activities within

twelve (12) months from the approval of Part 2 application, or in the event that a project remains

idle prior to completion for a period of time exceeding six (6) months, the subject taxpayer shall

forfeit all fees paid prior to such date and its then-current contract for tax credits shall be deemed

null and void, and shall terminate without need for further action or documentation. Upon any

such forfeiture and termination, a taxpayer may re-apply for tax credits pursuant to this chapter,;

however, notwithstanding anything contained herein to the contrary, one hundred percent (100%)

of the fees required shall be paid upon reapplication and such the fees shall be non-refundable.

Additionally, any taxpayer reapplying for tax credits pursuant to this  section 44-33.6-7 shall be

required to submit evidence with its application establishing the reason for delay in

commencement or the project sitting idle, as the case may be, and provide evidence, reasonably

satisfactory to the commission, that such the condition or event causing same has been resolved.

All taxpayers shall submit a reasonably detailed project timeline to the commission together with

the Part 2 application. The provisions of this section shall be further detailed and incorporated

into the form of contract for tax credits used in connection with this chapter.

     (b) Projects that have been approved for historic preservation tax credits and have been

funded through the cultural arts and the economy grant program, as enacted in chapter 145 of the

2014 Pub. L. P.L. 2014, ch. 145, and whose contract for tax credits would expire on December

31, 2019, are not subject to the provisions of � 44-33.6-7 this section and shall remain in full

force and effect until December 31, 2022.


 

 

 

 

422)

Section

Add Chapter Numbers:

 

45-4-20

1 and 2

 

 

45-4-20. Combination of voting districts for 2019 special town council election in the

town of Barrington.

     (a) Notwithstanding any provision of the general or public laws to the contrary and solely

for purposes of a 2019 special town council election, only the Barrington board of canvassers

shall combine all town council districts into one voting district.

     (b) Once the voting districts are combined, as provided in subsection (a) of this section,

the local board shall advertise this one-time-only combination of districts, in a newspaper of

general circulation in the town, no less than seven (7) days prior to the special election.


 

 

 

 

423)

Section

Amend Chapter Numbers:

 

45-21-8

272 and 277

 

 

45-21-8. Membership in system.

     Membership in the retirement system does not begin before the effective date of

participation in the system as provided in �� 45-21-4, 45-21.4-2, or 45-21.4-3 and consists of the

following:

     (a) Any employee of a participating municipality as defined in this chapter, who becomes

an employee on and after the effective date of participation, shall, under contract of his or her

employment, become a member of the retirement system; provided, that the employee is not

receiving any pension or retirement allowance from any other pension or retirement system

supported wholly or in part by a participating municipality, and is not a contributor to any other

pension or retirement system of a participating municipality. Any employee who is elected to an

office in the service of a municipality after the effective date and prior to July 1, 2012, has the

option of becoming a member of the system, which option must be exercised within sixty (60)

days following the date the employee assumes the duties of his or her office, otherwise that

person is not entitled to participate under the provisions of this section;

     (b) Any employee or elected official of a participating municipality in service prior to the

effective date of participation, who is not a member of any other pension or retirement system

supported wholly or in part by a participating municipality, and who does not notify the

retirement board in writing before the expiration of sixty (60) days from the effective date of

participation that he or she does not wish to join the system, shall automatically become a

member; and

     (c) Any employee of a participating municipality in service prior to the effective date of

participation, who is a member of any other pension or retirement system supported wholly or in

part by a participating municipality on the effective date of participation of their municipality,

who then or thereafter makes written application to join this system, and waives and renounces all

accrued rights and benefits of any other pension or retirement system supported wholly or in part

by a participating municipality, becomes a member of this retirement system and shall not be

required to make contribution under any other pension or retirement system of a participating

municipality, anything to the contrary notwithstanding.

     (d) Notwithstanding the provisions of this section, present firefighters employed by the

town of Johnston shall establish a pension plan separate from the state of Rhode Island retirement

system. If the town of Johnston is thirty (30) days or more late on employer or employee

contributions to the pension plan, the auditor general is authorized to redirect any Johnston funds

to cover the shortfall or to deduct that amount from any moneys due the town from the state for

any purpose other than for education. Disability determinations of present firefighters shall be

made by the state retirement board, subject to the provisions of � 45-21-19, at the town of

Johnston's expense. All new firefighters hired by the town of Johnston shall become members of

the state retirement system.

     (e) Notwithstanding the provisions of this section, any city of Cranston employees who

are presently members of Teamsters Local Union No. 251, hired between the dates of July 1,

2005, and June 30, 2010, inclusive, and who are currently members of the retirement system

established by this chapter may opt out of said retirement system and choose to enroll in a defined

contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston.

     (f) Notwithstanding the provisions of this section, any city of Cranston employees who

are presently members of the Laborers International Union of North America Local 1322 hired

between the dates of July 1, 2008, and June 30, 2013, inclusive, and who are currently members

of the retirement system established by this chapter may opt out of said retirement system and

choose to enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof)

established by the city of Cranston.

     (g) Notwithstanding the provisions of this section, any city of Cranston employees who

will be members of Teamsters Local Union No. 251, hired after June 30, 2010, shall be enrolled

in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of

Cranston and shall not be a member of the retirement system established by this chapter.

     (h) Notwithstanding the provisions of this section, any city of Cranston employees who

are presently members of the Laborers International Union of North America Local 1322 hired

after April 23, 2013, shall be enrolled in a defined contribution plan (i.e., 403(b) plan or

equivalent thereof) established by the city of Cranston and shall not be a member of the

retirement system established by this chapter.

     (i) Notwithstanding the provisions of this section, any city of Cranston employees

defined in (e) and (f) of this section shall be precluded from purchase of service credit for time

served on or after July 1, 2010, while participating in the defined contribution plan (i.e., a 403(b)

plan or equivalent thereof) established by the city of Cranston should the member cease

employment with the city of Cranston or Teamsters Local Union No. 251 and re-enter the system

with another participating employer who has accepted the provisions as defined, in � 45-21-4.

     (j) Notwithstanding the provisions of this section, any town of Middletown employees,

who will be members of the Teamsters Local Union No. 251 bargaining unit, hired after June 30,

2012, and any town of Middletown employees who are employed as full-time civilian

dispatchers, hired after June 30, 2012, and any town of Middletown employees who are not

affiliated with any recognized collective bargaining representative or union hired after June 30,

2012, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof)

established by the town of Middletown and shall not be members of the retirement system

established by this chapter. Said town of Middletown employees defined herein shall be

precluded from the purchase of service credit for time served on or after July 1, 2012, while

participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established

by the town of Middletown should the member cease employment with the town of Middletown

or in the Teamsters Local Union No. 251 bargaining unit and re-enter the system with any

participating employer who has accepted the provisions as defined in � 45-21-4.

     (k) Notwithstanding the provisions of this section, any town of Middletown employees,

who will be members of the Middletown Municipal Employees Association NEARI Local 869

bargaining unit hired after June 30, 2012, shall be enrolled in a defined contribution plan (i.e., a

403(b) plan or equivalent thereof) established by the town of Middletown and shall not be

members of the retirement system established by this chapter. Said town of Middletown

employees defined herein shall be precluded from the purchase of service credit for time served

on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 403(b) plan or

equivalent thereof) established by the town of Middletown should the member cease employment

with the town of Middletown or in the Middletown Municipal Employees Association NEARI

Local 869 bargaining unit and re-enter the system with any participating employer who has

accepted the provisions as defined in � 45-21-4.

     (l) Notwithstanding the provisions of this section, any Cranston public school employees

who will be members of National Association of Government Employees (NAGE), Local RI-153,

hired after June 30, 2012, shall be enrolled in a defined contribution plan (i.e., a 401(a) plan or

equivalent thereof) established by the Cranston school department and shall not be a member of

the retirement system established by this chapter.

     (m) Notwithstanding the provisions of this section, any Cranston public school

employees defined in subsection (h) shall be precluded from the purchase of service credit for

time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a

401(a) plan or equivalent thereof) established by the Cranston public schools should the member

cease employment with the Cranston public schools or National Association of Government

Employees (NAGE), Local RI-153 and re-enter the system with another participating employer

who has accepted the provisions as defined in � 45-21-4.

     (n) Notwithstanding the provisions of this section, the chief of police for the city of

Cranston who was hired on or about September 2014, shall be enrolled in a defined contribution

plan (i.e., 401(a) plan or any equivalent thereof) established by the city of Cranston, and shall not

be a member of the retirement system established by this chapter.


 

 

 

 

424)

Section

Amend Chapter Numbers:

 

45-21-16.2

272 and 277

 

 

45-21-16.2. Electronic funds transfer.

     All members of the municipal employees retirement system retiring under the provisions

of this title on or after July 1, 1998, or joining the system pursuant to � 45-21.4-2 or � 45-21.4-3,

are required to participate in electronic funds transfer and to supply the municipal employees

retirement system with a bank routing number to effectuate a monthly transfer of benefits.


 

 

 

 

425)

Section

Amend Chapter Numbers:

 

45-21-41.1

205 and 271

 

 

45-21-41.1. Municipality payment of member contributions.

     (a) Each municipality, pursuant to the provisions of 26 U.S.C. � 414(h)(2) of the United

States Internal Revenue Code, may, pursuant to appropriate legal action by the municipality, pick

up and pay the contributions which would be payable by the employees as members under � 45-

21-41. The contributions so picked up shall be treated as employer contributions in determining

tax treatment under the United States Internal Revenue Code; however, each municipality shall

continue to withhold federal and state income taxes based upon these contributions until the

Internal Revenue Service rules that pursuant to 26 U.S.C. � 414(h)(2) of the United States

Internal Revenue Code, these contributions shall not be included as gross income of the employee

until the time they are distributed. Employee contributions which are picked up pursuant to this

section shall be treated and identified as member contributions for all purposes of the retirement

system except as specifically provided to the contrary in this section.

     (b) Member contributions picked up by a municipality shall be paid from the same source

of funds used for the payment of compensation to a member. A deduction shall be made from a

member's compensation equal to the amount of the employee's contributions picked up by the

employee's municipal employer. This deduction, however, shall not reduce the employee's

compensation for purposes of computing benefits under the retirement system pursuant to this

chapter. Picked up contributions shall be submitted to the retirement system in accordance with

the provisions of � 45-21-41 on the date contributions are withheld but no later than three (3)

business days following the pay period ending in which contributions were withheld.

     (c) Every employer is required to deduct and withhold member contributions and to

transmit same to the retirement system and is hereby made liable for the contribution. In addition,

any amount of employee contributions actually deducted and withheld shall be deemed to be a

special fund in trust for the benefit of the member and shall be transmitted to the retirement

system as set forth herein.

     (d) The liability of an employer who fails to segregate such the trust funds, or refuses to

deduct and withhold member contributions from its employees, is enforceable by the retirement

board through an appropriate action in the superior court. The general treasurer is also authorized

to deduct the amount due from any money due the employer from the state.


 

 

 

 

426)

Section

Amend Chapter Numbers:

 

45-21-42

205 and 271

 

 

45-21-42. Contributions by municipalities.

     (a) Each municipality shall make contributions to the system to provide for the remainder

of the obligation for retirement allowances, annuities, and other benefits provided in this chapter,

after applying the accumulated contributions of the members, interest income on investments of

the system, and other income accruing to the system. These contributions shall, in any event, be

sufficient to establish and maintain a reserve equal to the sum of:

     (1) The full credits for accumulated contributions in the "members' contribution reserve"

described in � 45-21-43,;

     (2) The present value, determined in accordance with the actuarial tables in use by the

system, of the retirement allowances, disability allowances, accidental death benefits, and other

benefits in force, chargeable to the "retirement reserve" described in � 45-21-43,; and

     (3) The present value of deferred annuities to members who have acquired a vested right

under the provisions of � 45-21-18.

     (b) The rate of contribution on the part of each municipality, to meet its obligations under

this chapter, is the rate certified by the retirement board at the date of participation of the

municipality. The rate is redetermined at least once every five (5) years and certified by the

retirement board, upon recommendation of the actuary, following an evaluation and analysis of

the operating experience of the system and of the assets, liabilities, and reserves of the system.

Nothing contained in this chapter is deemed to impose any obligation upon any municipality for

service which may have been rendered by an employee of one municipality in behalf of another

municipality.

     (c) In case of failure of any city or town to pay to the state the amounts due from it under

this title within the time prescribed, the general treasurer is hereby authorized to deduct that

amount from any moneys due the city or town from the state for any purpose other than for

education.

     (d) Notwithstanding any other provisions of the general laws, the payment of the

contributions for the employers' share shall be remitted to the retirement board on a monthly

basis, payable by the 15th of the following month on the date contributions are withheld but no

later than three (3) business days following the pay period ending in which contributions were

withheld.


 

 

 

 

427)

Section

Amend Chapter Numbers:

 

45-21.2-3

272 and 277

 

 

45-21.2-3. Optional retirement for police and  firefighters.

     In addition to the retirement system established under the provisions of chapter 21 of this

title, any municipality may accept this chapter in the manner stated in � 45-21-4. Withdrawal

from the system is in the same manner as stated in � 45-21-5 subject to the provisions of � 45-

21.4-3.


 

 

 

 

428)

Section

Add Chapter Numbers:

 

45-21.4

272 and 277

 

 

CHAPTER 21.4

RELATING TO CENTRAL FALLS PENSION PLAN


 

 

 

 

429)

Section

Add Chapter Numbers:

 

45-21.4-1

272 and 277

 

 

45-21.4-1. Legislative findings.

     The general assembly finds and declares the following:

     (1) All Rhode Islanders deserve retirement security, including those who have spent their

careers serving their communities as first responders and municipal employees; and

     (2) The city of Central Falls has shown great resilience in emerging from bankruptcy and

thriving economically and culturally against great odds; and

     (3) The bankruptcy occurred in part because the pension plan in Central Falls had become

severely underfunded, and as a result many first responders and retirees in the city of Central

Falls experienced significant hardship in the form of benefit reductions; and

     (4) The city of Central Falls, the labor organizations representing its first responders, and

the state of Rhode Island are united in their desire to see the city of Central Falls remain on the

path of fiscal health, and that the predictability and sustainability of the pension system is vital to

maintaining fiscal health for the city of Central Falls and retirement security for its first

responders and retirees.

     (5) The general assembly adopts this act to facilitate the assistance of the municipal

employees' retirement system of the state of Rhode Island in administering the local Central Falls

pension plan.


 

 

 

 

430)

Section

Add Chapter Numbers:

 

45-21.4-2

272 and 277

 

 

45-21.4-2. Alternative acceptance by the city of Central Falls of optional retirement

for police and  firefighters.

     (a) The provisions of this section shall apply only to locally administered plans within the

city of Central Falls hereinafter referred collectively as the "Central Falls plan".

     (b) On or after the effective date of this section, Central Falls may accept the provisions

of this chapter, by resolution or an ordinance of its governing body, stating the group or groups of

employees to be included as provided in � 45-21-4; provided that, any and all labor organizations

representing active employees of the municipality to be included have assented to such

participation of their respective memberships, through a collective bargaining agreement and

ratification of the decision by a majority vote of those members of any such labor organization

present and voting. A copy of the resolution or ordinance and proof of assent from the applicable

labor organization shall be immediately forwarded to the retirement board for review. A vote of

the retirement board to accept the entry of the group or groups of employees in to into the system

shall be required.

     (c) Effective August 31, 2019, the Central Falls plan shall be closed to new members.

     (d) Members of the Central Falls plan in active service as of August 31, 2019, shall

continue to be subject to the applicable retirement ages and restrictions, and accrue benefits on

total service at the rates of the Central Falls plan pursuant to the collective bargaining agreements

in effect on August 31, 2019, between Central Falls and the labor organizations representing

members of the Central Falls plan.

     (e) Disability determinations shall be made by the retirement board, subject to the

procedures and standards of �� 45-21.2-7 and 45-21.2-9 as applicable, for members hired prior to

September 1, 2019. If a disability retirement pension is granted, the member shall receive benefits

provided by the Central Falls pension plan pursuant to the collective bargaining agreements in

effect on August 31, 2019.

     (f) Beginning September 1, 2019, members of the Central Falls plan in active service

shall contribute an amount equal to eleven and seven-tenths percent (11.7%) of the salary or

compensation earned or accruing to the member.

     (g) Subject to the provisions of subsection (b) of this section being met, new employees

hired on or after September 1, 2019, shall be subject to all of the provisions of � 45-21.2,

including all applicable disability provisions and benefits provided by �� 36-10.3-4 and 45-21-52.

     (h) Notwithstanding anything in � 45-21-42.2 to the contrary, the cost to evaluate Central

Falls prospective membership in the retirement system pursuant to this section or � 45-21.4-3,

shall be borne by the retirement board.

     (i) Notwithstanding anything in � 45-21-43.1 to the contrary, determination of the

employer contribution rate of the closed Central Falls pension plan pursuant to this section, shall

be computed using an amortization period for the unfunded actuarial accrued liability as

determined by the board, based upon the recommendation of the plan's actuary. Future actuarial

gains and losses accruing within a plan year will be amortized over individual new twenty-(20)

year (20) closed periods consistent with � 45-21-43.1(c).

     (j) Notwithstanding anything in � 45-21-56 to the contrary, if a Central Falls pension plan

pursuant to this section is in critical status as defined in � 45-65-4, and an employee of the

Central Falls pension plan leaves employment and is hired by another participating municipality

that is not in critical status as defined in � 45-65-4, then the retirement system shall transfer the

amount of the member's total accrued liability with the Central Falls pension plan, multiplied by

the funded status of the Central Falls pension plan, to the account of the current employing

municipality.

     (k) Upon the conditions of subsection (b) of this section being met, the city of Central

Falls shall remain liable to the retirement system for the cost of funding a retirement system for

its employees who are members of the system as provided herein, and the retirement board

maintains the right to enforce payment of any liability as provided in chapter 21 of this title.

     (l) Subject to the provisions of subsection (b) of this section being met, the Central Falls

plan and the provisions of this section shall be administered in the same manner provided in

chapter 21 of this title; credits for prior service and collection of contributions are determined

through reference to that chapter; provided, that where the provisions of that chapter conflict with

this chapter, then the provisions of this chapter control. Liability of contributions is enforced in

the same manner as stated in chapter 21 of this title.


 

 

 

 

 

431)

Section

Add Chapter Numbers:

 

45-21.4-3

272 and 277

 

 

45-21.4-3. Retiree participation in optional requirement plan.

     (a) The provisions of this section shall apply only to locally administered plans within the

city of Central Falls.

     (b) Notwithstanding any provision of this chapter to the contrary, on or before August 31,

2019, Central Falls may accept the provisions of this chapter by an ordinance of its governing

body stating the group or groups of retired former employees to be included as provided in � 45-

21-4; provided that, a majority of retired former employees have consented in writing to joining

the system or any duly constituted retiree organization that represents said retired former

employees has assented to joining the system. A copy of the ordinance shall be immediately

forwarded to the retirement board for review. A vote of the retirement board to accept the entry of

the group or groups of employees in to into the system shall be required.

     For purposes of this section, "retired former employees" means any Central Falls police

officer or fire fighter firefighter who has retired prior to September 1, 2019, pursuant to the

provisions of the Central Falls' retirement plan.

     (c) Notwithstanding any other provisions of this section or other applicable law, upon

acceptance into the system, all "Central Falls retirees," as defined in � 45-21-67(a)(2), and their

beneficiaries, and also all other retired former employees and their beneficiaries who are entitled

to benefits under the "settlement agreement" that is identified in � 45-21-67(a)(3), shall retain all

of the benefits accrued and calculated to them as provided in accordance with such settlement

agreement (and, for clarification, irrespective of and notwithstanding any possible expiration of

any "term" in respect to certain provisions of such agreement), including disability and post-

retirement benefits, and their entitlement to all payments provided under � 45-21-67, and none of

the foregoing shall be made unavailable or conditioned, nor be diminished or reduced, by virtue

of entry into the system. Any retired former employee who is not entitled to benefits under the

"settlement agreement" shall retain all of the benefits accrued and calculated in accordance with,

and shall be subject to, all of the provisions, limitations, and restrictions contained in the

collective bargaining agreement at the time of his or her retirement. Retired former employees,

including any "Central Falls retiree", shall not be entitled to any retirement allowance or benefit

from the system otherwise available or calculated pursuant to the provisions of � 45-21.2-6, 45-

21.2-13, or 45-21.2-20, 45-21.2-21, or 45-21.2-22.

     (d) Withdrawal of a plan consisting solely of retired former Central Falls police officers

or fire fighters firefightersthat who had joined the retirement system pursuant to this section,

shall be as provided in � 45-21-5.

     (e) The cost to evaluate Central Falls' prospective membership in the retirement system,

and costs related to obtaining consent of retirees to join the system pursuant to this section, shall

be borne by the retirement board.

     (f) Upon the conditions of subsection (b) of this section being met, the city of Central

Falls shall remain liable to the retirement system for the cost of funding a retirement system for

its employees who are members of the system and the retirement board maintains the right to

enforce payment of any liability as provided in chapter 21 of this title.

     (g) Subject to the provisions of subsection (b) of this section being met, the provisions of

this section shall be administered in the same manner provided in chapter 21 of this title;

provided, that where the provisions of that chapter conflict with this chapter, then the provisions

of this chapter control. Liability of the municipality is enforced in the same manner as stated in

chapter 21 of this title.


 

 

 

 

432)

Section

Add Chapter Numbers:

 

45-21.4-4

272 and 277

 

 

45-21.4-4. Transfer of assets.

     (a) Subject to the provisions of �� 45-21.4-2(b) and 45-21.4-3(b) being met, on

December 31, 2019, the system shall be responsible for administering the Central Falls plan,

including the administration of any supplemental payments as provided in � 45-21-67, and

Central Falls shall transfer to the system the accumulated contributions of each member entering

the system and any other assets of the Central Falls plan.

     (b) Beginning January 1, 2020, all appropriations made pursuant to � 45-21-67 shall be

appropriated to the system and disbursed by the system in accordance with � 45-21-67.


 

 

 

 

433)

Section

Amend Chapter Numbers:

 

45-22-3

157 and 164

 

 

45-22-3. Membership -- Continuation of present membership.

     (a) A planning board or commission consists of no less than five (5) members, and

appointments are made for terms of a length that the terms of no more than one third (1/3) of the

members of the board or commission expire each year. Any vacancy occurring in the membership

of a planning board or commission shall be filled by the appointing authority for the remainder of

the unexpired term. Any member of a planning board or commission may be removed from office

by the appointing authority for due cause, following a public hearing.

     (b) Vacancies to the planning board or commission occurring after May 4, 1972, shall be

filled in the manner prescribed in this section, except as provided in � 45-22-1 in cities or towns

operating under a home rule charter.

     (c) The Hopkinton town council has the right to appoint two (2) alternate members to the

Hopkinton planning board and the Exeter town council may appoint two (2) alternate members to

the Exeter planning board and the Richmond town council has the right to appoint two (2)

alternate members to the Richmond planning board and the Barrington town council has the right

to appoint two (2) alternate members to the Barrington planning board.

     (d) The mayor of Johnston shall have the right to appoint two (2) alternate members to

the Johnston planning board.


 

 

 

 

434)

Section

Amend Chapter Numbers:

 

45-23-53

191 and 244

 

 

45-23-53. Local regulations -- Public hearing and notice requirements.

     (a) No local regulations shall be adopted, repealed, or amended until after a public

hearing has been held upon the question before the city or town planning board. The city or town

planning board shall first give notice of the public hearing by publication of notice in a newspaper

of general circulation within the municipality at least once each week for three (3) successive

weeks prior to the date of the hearing, which may include the week in which the hearing is to be

held. At this hearing, opportunity shall be given to all persons interested on being heard upon the

matter of the proposed regulations. Written notice, which may be a copy of the newspaper notice,

shall be mailed to the statewide planning program of the Rhode Island department of

administration at least two (2) weeks prior to the hearing. The newspaper notice shall be

published as a display advertisement, using a type size at least as large as the normal type size

used by the newspaper in its news articles, and shall:

     (1) Specify the place of the hearing and the date and time of its commencement;

     (2) Indicate that adoption, amendment, or repeal of local regulations is under

consideration;

     (3) Contain a statement of the proposed amendments to the regulations that may be

printed once in its entirety, or may summarize or describe the matter under consideration as long

as the intent and effect of the proposed regulation is expressly written in that notice;

     (4) Advise those interested where and when a copy of the matter under consideration may

be obtained or examined and copied; and

     (5) State that the proposals shown on the notice may be altered or amended prior to the

close of the public hearing without further advertising as a result of further study or because of

the views expressed at the public hearing. Any alteration or amendment must be presented for

comment in the course of the hearing.

     (b) Notice of the public hearing shall be sent by first-class mail to the city or town

planning board of any municipality where there is a public or quasi-public water source, or

private water source that is used, or is suitable for use, as a public water source, located within

two thousand feet (2,000') of the municipal boundaries.

     (c) Notice of a public hearing shall be sent to the governing body of any state or

municipal water department or agency, special water district, or private water company that has

riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for

use, as a public water source, located within either the municipality or two thousand feet (2,000')

of the municipal boundaries; provided, that a map survey has been filed with the building

inspector as specified in � 45-24-53(f).

     (d) Notwithstanding any of the requirements set forth in subsections (a) through (c)

above, each municipality shall establish and maintain a public notice registry allowing any person

or entity to register for electronic notice of any changes to the local regulations. Municipalities

shall annually provide public notice of the existence of said the registry by a publication of notice

in a newspaper of general circulation within the municipality. In addition, each municipality is

hereby encouraged to provide public notice of the existence of the public notice registry in all of

its current and future communications with the public, including, but not limited to, governmental

websites, electronic newsletters, public bulletins, press releases, and all other means the

municipality may use to impart information to the local community.

     (1) Provided, however, notice pursuant to a public notice registry as per this section does

not alone qualify a person or entity on the public notice registry as an "aggrieved party" under �

45-24-31(4).

     (e) No defect in the form of any notice under this section renders any regulations invalid,

unless the defect is found to be intentional or misleading.

     (f) The requirements in this section are to be construed as minimum requirements.


 

 

 

 

435)

Section

Amend Chapter Numbers:

 

45-23-54

191 and 244

 

 

45-23-54. Local regulations -- Publication and availability.

     (a) Printed copies of the local regulations are shall be available to the general public and

shall be revised to include all amendments. Any appendices are shall also be available. A

reasonable charge may be made for copies.

     (b) Upon publication of local regulations and any amendments to the local regulations,

the municipality shall send a copy to the department of administration's statewide planning

program and to the state law library.


 

 

 

 

436)

Section

Amend Chapter Numbers:

 

45-24-31

104 and 144, 214 and 267

 

 

45-24-31. Definitions.

     Where words or terms used in this chapter are defined in � 45-22.2-4 or 45-23-32, they

have the meanings stated in that section. In addition, the following words have the following

meanings. Additional words and phrases may be used in developing local ordinances under this

chapter; however, the words and phrases defined in this section are controlling in all local

ordinances created under this chapter:

     (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point

with no intervening land.

     (2) Accessory dwelling unit. A dwelling unit: (i) Rented to and occupied either by one or

more members of the family of the occupant or occupants of the principal residence; or (ii)

Reserved for rental occupancy by a person or a family where the principal residence is owner

occupied and that meets the following provisions:

     (A) In zoning districts that allow residential uses, no more than one accessory dwelling

unit may be an accessory to a single-family dwelling.

     (B) An accessory dwelling unit shall include separate cooking and sanitary facilities, with

its own legal means of ingress and egress, and is a complete, separate dwelling unit. The

accessory dwelling unit shall be within, or attached to, the principal dwelling-unit structure or

within an existing structure, such as a garage or barn, and designed so that the appearance of the

principal structure remains that of a one-family residence.

     (3) Accessory use. A use of land or of a building, or portion thereof, customarily

incidental and subordinate to the principal use of the land or building. An accessory use may be

restricted to the same lot as the principal use. An accessory use shall not be permitted without the

principal use to which it is related.

     (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

or its property will be injured by a decision of any officer or agency responsible for administering

the zoning ordinance of a city or town; or

     (ii) Anyone requiring notice pursuant to this chapter.

     (5) Agricultural land. "Agricultural land", as defined in � 45-22.2-4.

     (6) Airport hazard area. "Airport hazard area", as defined in � 1-3-2.

     (7) Applicant. An owner, or authorized agent of the owner, submitting an application or

appealing an action of any official, board, or agency.

     (8) Application. The completed form, or forms, and all accompanying documents,

exhibits, and fees required of an applicant by an approving authority for development review,

approval, or permitting purposes.

     (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to

screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

     (10) Building. Any structure used or intended for supporting or sheltering any use or

occupancy.

     (11) Building envelope. The three-dimensional space within which a structure is

permitted to be built on a lot and that is defined by regulations governing building setbacks,

maximum height, and bulk; by other regulations; or by any combination thereof.

     (12) Building height. For a vacant parcel of land, building height shall be measured from

the average, existing-grade elevation where the foundation of the structure is proposed. For an

existing structure, building height shall be measured from average grade taken from the outermost

four (4) corners of the existing foundation. In all cases, building height shall be measured to the

top of the highest point of the existing or proposed roof or structure. This distance shall exclude

spires, chimneys, flag poles, and the like. For any property or structure located in a special flood

hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), building height

shall be measured from base flood elevation, and where freeboard, as defined in this section, is

being utilized or proposed, such freeboard area, not to exceed five feet (5'), shall be excluded

from the building height calculation; provided, however that the Rhode Island coastal resources

management council design elevation maps may be used by an owner or applicant to establish a

base flood elevation for a property that is higher than the official FEMA FIRMs or depicted on

the Rhode Island coastal resources management council (CRMC) suggested design elevation

three foot (3') sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred

(100)-year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded

from the building height calculation:

     (i) The base flood elevation on the FEMA FIRM plus up to five feet (5') of any utilized or

proposed freeboard, less the average existing grade elevation; or

     (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a

one-hundred (100)-year (100) storm, less the average existing grade elevation. CRMC shall

reevaluate the appropriate suggested design elevation map for the exclusion every ten (10) years,

or as otherwise necessary.

     (13) Cluster. A site-planning technique that concentrates buildings in specific areas on

the site to allow the remaining land to be used for recreation, common open space, and/or

preservation of environmentally, historically, culturally, or other sensitive features and/or

structures. The techniques used to concentrate buildings shall be specified in the ordinance and

may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk

requirements, with the resultant open land being devoted by deed restrictions for one or more

uses. Under cluster development, there is no increase in the number of lots that would be

permitted under conventional development except where ordinance provisions include incentive

bonuses for certain types or conditions of development.

     (14) Common ownership. Either:

     (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

or more contiguous lots; or

     (ii) Ownership by any association (ownership may also include a municipality) of one or

more lots under specific development techniques.

     (15) Community residence. A home or residential facility where children and/or adults

reside in a family setting and may or may not receive supervised care. This does not include

halfway houses or substance-use-disorder-treatment facilities. This does include, but is not

limited to, the following:

     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

disability reside in any type of residence in the community, as licensed by the state pursuant to

chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these

community residences;

     (ii) A group home providing care or supervision, or both, to not more than eight (8)

persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

     (iii) A residence for children providing care or supervision, or both, to not more than

eight (8) children, including those of the caregiver, and licensed by the state pursuant to chapter

72.1 of title 42;

     (iv) A community transitional residence providing care or assistance, or both, to no more

than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days

nor more than two (2) years. Residents will have access to, and use of, all common areas,

including eating areas and living rooms, and will receive appropriate social services for the

purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living

situation.

     (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to

chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

compliance.

     (17) Day care -- Day-care center. Any other day-care center that is not a family day-care

home.

     (18) Day care -- Family day-care home. Any home, other than the individual's home, in

which day care in lieu of parental care or supervision is offered at the same time to six (6) or less

individuals who are not relatives of the caregiver, but may not contain more than a total of eight

(8) individuals receiving day care.

     (19) Density, residential. The number of dwelling units per unit of land.

     (20) Development. The construction, reconstruction, conversion, structural alteration,

relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance;

or any change in use, or alteration or extension of the use, of land.

     (21) Development plan review. The process whereby authorized, local officials review

the site plans, maps, and other documentation of a development to determine the compliance with

the stated purposes and standards of the ordinance.

     (22) District. See "zoning-use district".

     (23) Drainage system. A system for the removal of water from land by drains, grading, or

other appropriate means. These techniques may include runoff controls to minimize erosion and

sedimentation during and after construction or development; the means for preserving surface and

groundwaters; and the prevention and/or alleviation of flooding.

     (24) Dwelling unit. A structure, or portion of a structure, providing complete,

independent living facilities for one or more persons, including permanent provisions for living,

sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

     (25) Extractive industry. The extraction of minerals, including: solids, such as coal and

ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

preparation customarily done at the extraction site or as a part of the extractive activity.

     (26) Family. A person, or persons, related by blood, marriage, or other legal means. See

also "household".

     (27) Floating zone. An unmapped zoning district adopted within the ordinance that is

established on the zoning map only when an application for development, meeting the zone

requirements, is approved.

     (28) Floodplains, or Flood hazard area. As defined in � 45-22.2-4.

     (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a

flood hazard area for purposes of floodplain management. Freeboard compensates for the many

unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

the hydrological effect of urbanization of the watershed.

     (30) Groundwater. "Groundwater" and associated terms, as defined in � 46-13.1-3.

     (31) Halfway house. A residential facility for adults or children who have been

institutionalized for criminal conduct and who require a group setting to facilitate the transition to

a functional member of society.

     (32) Hardship. See � 45-24-41.

     (33) Historic district or historic site. As defined in � 45-22.2-4.

     (34) Home occupation. Any activity customarily carried out for gain by a resident,

conducted as an accessory use in the resident's dwelling unit.

     (35) Household. One or more persons living together in a single-dwelling unit, with

common access to, and common use of, all living and eating areas and all areas and facilities for

the preparation and storage of food within the dwelling unit. The term "household unit" is

synonymous with the term "dwelling unit" for determining the number of units allowed within

any structure on any lot in a zoning district. An individual household shall consist of any one of

the following:

     (i) A family, which may also include servants and employees living with the family; or

     (ii) A person or group of unrelated persons living together. The maximum number may

be set by local ordinance, but this maximum shall not be less than three (3).

     (36) Incentive zoning. The process whereby the local authority may grant additional

development capacity in exchange for the developer's provision of a public benefit or amenity as

specified in local ordinances.

     (37) Infrastructure. Facilities and services needed to sustain residential, commercial,

industrial, institutional, and other activities.

     (38) Land-development project. A project in which one or more lots, tracts, or parcels of

land are developed or redeveloped as a coordinated site for one or more uses, units, or structures,

including, but not limited to, planned development or cluster development for residential,

commercial, institutional, recreational, open space, or mixed uses as provided in the zoning

ordinance.

     (39) Lot. Either:

     (i) The basic development unit for determination of lot area, depth, and other dimensional

regulations; or

     (ii) A parcel of land whose boundaries have been established by some legal instrument,

such as a recorded deed or recorded map, and that is recognized as a separate legal entity for

purposes of transfer of title.

     (40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-

way, usually reported in acres or square feet.

     (41) Lot area, minimum. The smallest land area established by the local zoning ordinance

upon which a use, building, or structure may be located in a particular zoning district.

     (42) Lot building coverage. That portion of the lot that is, or may be, covered by

buildings and accessory buildings.

     (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots

where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

     (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify

how noncontiguous frontage will be considered with regard to minimum frontage requirements.

     (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or

from a public or private street or any other public or private space and shall include:

     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

specify the method to be used to determine the front lot line on lots fronting on more than one

street, for example, corner and through lots;

     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length

entirely within the lot, parallel to and at a maximum distance from, the front lot line; and

     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line

may be a street lot line, depending on requirements of the local zoning ordinance.

     (46) Lot size, minimum. Shall have the same meaning as "minimum lot area" defined

herein.

     (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two

(2) streets that do not intersect at the boundaries of the lot.

     (48) Lot width. The horizontal distance between the side lines of a lot measured at right

angles to its depth along a straight line parallel to the front lot line at the minimum front setback

line.

     (49) Mere inconvenience. See � 45-24-41.

     (50) Mixed use. A mixture of land uses within a single development, building, or tract.

     (51) Modification. Permission granted and administered by the zoning enforcement

officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional

variance other than lot area requirements from the zoning ordinance to a limited degree as

determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent

(25%) of each of the applicable dimensional requirements.

     (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

existing at the time of the adoption or amendment of a zoning ordinance and not in conformity

with the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

     (i) Nonconforming by use: a lawfully established use of land, building, or structure that is

not a permitted use in that zoning district. A building or structure containing more dwelling units

than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

     (ii) Nonconforming by dimension: a building, structure, or parcel of land not in

compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations

include all regulations of the zoning ordinance, other than those pertaining to the permitted uses.

A building or structure containing more dwelling units than are permitted by the use regulations

of a zoning ordinance is nonconforming by use; a building or structure containing a permitted

number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot

area per dwelling unit regulations, is nonconforming by dimension.

     (53) Overlay district. A district established in a zoning ordinance that is superimposed on

one or more districts or parts of districts. The standards and requirements associated with an

overlay district may be more or less restrictive than those in the underlying districts consistent

with other applicable state and federal laws.

     (54) Performance standards. A set of criteria or limits relating to elements that a

particular use or process must either meet or may not exceed.

     (55) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (56) Planned development. A "land-development project", as defined in subsection (38),

and developed according to plan as a single entity and containing one or more structures or uses

with appurtenant common areas.

     (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (58) Preapplication conference. A review meeting of a proposed development held

between applicants and reviewing agencies as permitted by law and municipal ordinance, before

formal submission of an application for a permit or for development approval.

     (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of

the required setback for the zoning district in which the lot is located that establishes the area

within which the principal structure must be erected or placed.

     (60) Site plan. The development plan for one or more lots on which is shown the existing

and/or the proposed conditions of the lot.

     (61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or

surface of the ground.

     (62) Special use. A regulated use that is permitted pursuant to the special-use permit

issued by the authorized governmental entity, pursuant to � 45-24-42. Formerly referred to as a

special exception.

     (63) Structure. A combination of materials to form a construction for use, occupancy, or

ornamentation, whether installed on, above, or below the surface of land or water.

     (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or

amendment of a zoning ordinance and not in conformance with the dimensional or area

provisions of that ordinance.

     (65) Use. The purpose or activity for which land or buildings are designed, arranged, or

intended, or for which land or buildings are occupied or maintained.

     (66) Variance. Permission to depart from the literal requirements of a zoning ordinance.

An authorization for the construction or maintenance of a building or structure, or for the

establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are

only two (2) categories of variance, a use variance or a dimensional variance.

     (i) Use variance. Permission to depart from the use requirements of a zoning ordinance

where the applicant for the requested variance has shown by evidence upon the record that the

subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

zoning ordinance.

     (ii) Dimensional variance. Permission to depart from the dimensional requirements of a

zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

of the subject property unless granted the requested relief from the dimensional regulations.

However, the fact that a use may be more profitable or that a structure may be more valuable after

the relief is granted are not grounds for relief.

     (67) Waters. As defined in � 46-12-1(23).

     (68) Wetland, coastal. As defined in � 45-22.2-4.

     (69) Wetland, freshwater. As defined in � 2-1-20.

     (70) Zoning certificate. A document signed by the zoning-enforcement officer, as

required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either

complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance

or is an authorized variance or modification therefrom.

     (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

town.

     (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town

pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or

town's legislative or home rule charter, if any, that establish regulations and standards relating to

the nature and extent of uses of land and structures; that is consistent with the comprehensive plan

of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

complies with the provisions of this chapter.

     (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which

a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-

use districts include, but are not limited to: agricultural, commercial, industrial, institutional, open

space, and residential. Each district may include sub-districts. Districts may be combined.

45-24-31. Definitions. [Effective March 1, 2019.]

     Where words or terms used in this chapter are defined in � 45-22.2-4 or 45-23-32, they

have the meanings stated in that section. In addition, the following words have the following

meanings. Additional words and phrases may be used in developing local ordinances under this

chapter; however, the words and phrases defined in this section are controlling in all local

ordinances created under this chapter:

     (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point

with no intervening land.

     (2) Accessory dwelling unit. A dwelling unit: (i) Rented to and occupied either by one or

more members of the family of the occupant or occupants of the principal residence; or (ii)

Reserved for rental occupancy by a person or a family where the principal residence is owner

occupied and that meets the following provisions:

     (A) In zoning districts that allow residential uses, no more than one accessory dwelling

unit may be an accessory to a single-family dwelling.

     (B) An accessory dwelling unit shall include separate cooking and sanitary facilities, with

its own legal means of ingress and egress, and is a complete, separate dwelling unit. The

accessory dwelling unit shall be within, or attached to, the principal dwelling-unit structure or

within an existing structure, such as a garage or barn, and designed so that the appearance of the

principal structure remains that of a one-family residence.

     (3) Accessory use. A use of land or of a building, or portion thereof, customarily

incidental and subordinate to the principal use of the land or building. An accessory use may be

restricted to the same lot as the principal use. An accessory use shall not be permitted without the

principal use to which it is related.

     (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

or its property will be injured by a decision of any officer or agency responsible for administering

the zoning ordinance of a city or town; or

     (ii) Anyone requiring notice pursuant to this chapter.

     (5) Agricultural land. "Agricultural land", as defined in � 45-22.2-4.

     (6) Airport hazard area. "Airport hazard area", as defined in � 1-3-2.

     (7) Applicant. An owner, or authorized agent of the owner, submitting an application or

appealing an action of any official, board, or agency.

     (8) Application. The completed form, or forms, and all accompanying documents,

exhibits, and fees required of an applicant by an approving authority for development review,

approval, or permitting purposes.

     (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to

screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

     (10) Building. Any structure used or intended for supporting or sheltering any use or

occupancy.

     (11) Building envelope. The three-dimensional space within which a structure is

permitted to be built on a lot and that is defined by regulations governing building setbacks,

maximum height, and bulk; by other regulations; or by any combination thereof.

     (12) Building height. For a vacant parcel of land, building height shall be measured from

the average, existing-grade elevation where the foundation of the structure is proposed. For an

existing structure, building height shall be measured from average grade taken from the outermost

four (4) corners of the existing foundation. In all cases, building height shall be measured to the

top of the highest point of the existing or proposed roof or structure. This distance shall exclude

spires, chimneys, flag poles, and the like. For any property or structure located in a special flood

hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), building height

shall be measured from base flood elevation, and where freeboard, as defined in this section, is

being utilized or proposed, such freeboard area, not to exceed five feet (5'), shall be excluded

from the building height calculation; provided, however that the Rhode Island coastal resources

management council design elevation maps may be used by an owner or applicant to establish a

base flood elevation for a property that is higher than the official FEMA FIRMs.

     (13) Cluster. A site-planning technique that concentrates buildings in specific areas on

the site to allow the remaining land to be used for recreation, common open space, and/or

preservation of environmentally, historically, culturally, or other sensitive features and/or

structures. The techniques used to concentrate buildings shall be specified in the ordinance and

may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk

requirements, with the resultant open land being devoted by deed restrictions for one or more

uses. Under cluster development, there is no increase in the number of lots that would be

permitted under conventional development except where ordinance provisions include incentive

bonuses for certain types or conditions of development.

     (14) Common ownership. Either:

     (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

or more contiguous lots; or

     (ii) Ownership by any association (ownership may also include a municipality) of one or

more lots under specific development techniques.

     (15) Community residence. A home or residential facility where children and/or adults

reside in a family setting and may or may not receive supervised care. This does not include

halfway houses or substance-use-disorder-treatment facilities. This does include, but is not

limited to, the following:

     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

disability reside in any type of residence in the community, as licensed by the state pursuant to

chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these

community residences;

     (ii) A group home providing care or supervision, or both, to not more than eight (8)

persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

     (iii) A residence for children providing care or supervision, or both, to not more than

eight (8) children, including those of the caregiver, and licensed by the state pursuant to chapter

72.1 of title 42;

     (iv) A community transitional residence providing care or assistance, or both, to no more

than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days

nor more than two (2) years. Residents will have access to, and use of, all common areas,

including eating areas and living rooms, and will receive appropriate social services for the

purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living

situation.

     (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to

chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

compliance.

     (17) Day care -- Day-care center. Any other day-care center that is not a family day-care

home.

     (18) Day care -- Family day-care home. Any home, other than the individual's home, in

which day care in lieu of parental care or supervision is offered at the same time to six (6) or less

individuals who are not relatives of the caregiver, but may not contain more than a total of eight

(8) individuals receiving day care.

     (19) Density, residential. The number of dwelling units per unit of land.

     (20) Development. The construction, reconstruction, conversion, structural alteration,

relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance;

or any change in use, or alteration or extension of the use, of land.

     (21) Development plan review. The process whereby authorized, local officials review

the site plans, maps, and other documentation of a development to determine the compliance with

the stated purposes and standards of the ordinance.

     (22) District. See "zoning-use district".

     (23) Drainage system. A system for the removal of water from land by drains, grading, or

other appropriate means. These techniques may include runoff controls to minimize erosion and

sedimentation during and after construction or development; the means for preserving surface and

groundwaters; and the prevention and/or alleviation of flooding.

     (24) Dwelling unit. A structure, or portion of a structure, providing complete,

independent living facilities for one or more persons, including permanent provisions for living,

sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

     (25) Extractive industry. The extraction of minerals, including: solids, such as coal and

ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

preparation customarily done at the extraction site or as a part of the extractive activity.

     (26) Family member. A person, or persons, related by blood, marriage, or other legal

means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law,

grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the

householdSee also "household".

     (27) Floating zone. An unmapped zoning district adopted within the ordinance that is

established on the zoning map only when an application for development, meeting the zone

requirements, is approved.

     (28) Floodplains, or Flood hazard area. As defined in � 45-22.2-4.

     (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a

flood hazard area for purposes of floodplain management. Freeboard compensates for the many

unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

the hydrological effect of urbanization of the watershed.

     (30) Groundwater. "Groundwater" and associated terms, as defined in � 46-13.1-3.

     (31) Halfway house. A residential facility for adults or children who have been

institutionalized for criminal conduct and who require a group setting to facilitate the transition to

a functional member of society.

     (32) Hardship. See � 45-24-41.

     (33) Historic district or historic site. As defined in � 45-22.2-4.

     (34) Home occupation. Any activity customarily carried out for gain by a resident,

conducted as an accessory use in the resident's dwelling unit.

     (35) Household. One or more persons living together in a single-dwelling unit, with

common access to, and common use of, all living and eating areas and all areas and facilities for

the preparation and storage of food within the dwelling unit. The term "household unit" is

synonymous with the term "dwelling unit" for determining the number of units allowed within

any structure on any lot in a zoning district. An individual household shall consist of any one of

the following:

     (i) A family, which may also include servants and employees living with the family; or

     (ii) A person or group of unrelated persons living together. The maximum number may

be set by local ordinance, but this maximum shall not be less than three (3).

     (36) Incentive zoning. The process whereby the local authority may grant additional

development capacity in exchange for the developer's provision of a public benefit or amenity as

specified in local ordinances.

     (37) Infrastructure. Facilities and services needed to sustain residential, commercial,

industrial, institutional, and other activities.

     (38) Land-development project. A project in which one or more lots, tracts, or parcels of

land are developed or redeveloped as a coordinated site for one or more uses, units, or structures,

including, but not limited to, planned development or cluster development for residential,

commercial, institutional, recreational, open space, or mixed uses as provided in the zoning

ordinance.

     (39) Lot. Either:

     (i) The basic development unit for determination of lot area, depth, and other dimensional

regulations; or

     (ii) A parcel of land whose boundaries have been established by some legal instrument,

such as a recorded deed or recorded map, and that is recognized as a separate legal entity for

purposes of transfer of title.

     (40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-

way, usually reported in acres or square feet.

     (41) Lot area, minimum. The smallest land area established by the local zoning ordinance

upon which a use, building, or structure may be located in a particular zoning district.

     (42) Lot building coverage. That portion of the lot that is, or may be, covered by

buildings and accessory buildings.

     (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots

where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

     (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify

how noncontiguous frontage will be considered with regard to minimum frontage requirements.

     (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or

from a public or private street or any other public or private space and shall include:

     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

specify the method to be used to determine the front lot line on lots fronting on more than one

street, for example, corner and through lots;

     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length

entirely within the lot, parallel to and at a maximum distance from, the front lot line; and

     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line

may be a street lot line, depending on requirements of the local zoning ordinance.

     (46) Lot size, minimum. Shall have the same meaning as "minimum lot area" defined

herein.

     (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two

(2) streets that do not intersect at the boundaries of the lot.

     (48) Lot width. The horizontal distance between the side lines of a lot measured at right

angles to its depth along a straight line parallel to the front lot line at the minimum front setback

line.

     (49) Mere inconvenience. See � 45-24-41.

     (50) Mixed use. A mixture of land uses within a single development, building, or tract.

     (51) Modification. Permission granted and administered by the zoning enforcement

officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional

variance other than lot area requirements from the zoning ordinance to a limited degree as

determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent

(25%) of each of the applicable dimensional requirements.

     (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

existing at the time of the adoption or amendment of a zoning ordinance and not in conformity

with the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

     (i) Nonconforming by use: a lawfully established use of land, building, or structure that is

not a permitted use in that zoning district. A building or structure containing more dwelling units

than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

     (ii) Nonconforming by dimension: a building, structure, or parcel of land not in

compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations

include all regulations of the zoning ordinance, other than those pertaining to the permitted uses.

A building or structure containing more dwelling units than are permitted by the use regulations

of a zoning ordinance is nonconforming by use; a building or structure containing a permitted

number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot

area per dwelling unit regulations, is nonconforming by dimension.

     (53) Overlay district. A district established in a zoning ordinance that is superimposed on

one or more districts or parts of districts. The standards and requirements associated with an

overlay district may be more or less restrictive than those in the underlying districts consistent

with other applicable state and federal laws.

     (54) Performance standards. A set of criteria or limits relating to elements that a

particular use or process must either meet or may not exceed.

     (55) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (56) Planned development. A "land-development project", as defined in subsection (38),

and developed according to plan as a single entity and containing one or more structures or uses

with appurtenant common areas.

     (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (58) Preapplication conference. A review meeting of a proposed development held

between applicants and reviewing agencies as permitted by law and municipal ordinance, before

formal submission of an application for a permit or for development approval.

     (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of

the required setback for the zoning district in which the lot is located that establishes the area

within which the principal structure must be erected or placed.

     (60) Site plan. The development plan for one or more lots on which is shown the existing

and/or the proposed conditions of the lot.

     (61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or

surface of the ground.

     (62) Special use. A regulated use that is permitted pursuant to the special-use permit

issued by the authorized governmental entity, pursuant to � 45-24-42. Formerly referred to as a

special exception.

     (63) Structure. A combination of materials to form a construction for use, occupancy, or

ornamentation, whether installed on, above, or below the surface of land or water.

     (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or

amendment of a zoning ordinance and not in conformance with the dimensional or area

provisions of that ordinance.

     (65) Use. The purpose or activity for which land or buildings are designed, arranged, or

intended, or for which land or buildings are occupied or maintained.

     (66) Variance. Permission to depart from the literal requirements of a zoning ordinance.

An authorization for the construction or maintenance of a building or structure, or for the

establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are

only two (2) categories of variance, a use variance or a dimensional variance.

     (i) Use variance. Permission to depart from the use requirements of a zoning ordinance

where the applicant for the requested variance has shown by evidence upon the record that the

subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

zoning ordinance.

     (ii) Dimensional variance. Permission to depart from the dimensional requirements of a

zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

of the subject property unless granted the requested relief from the dimensional regulations.

However, the fact that a use may be more profitable or that a structure may be more valuable after

the relief is granted are not grounds for relief.

     (67) Waters. As defined in � 46-12-1(23).

     (68) Wetland, coastal. As defined in � 45-22.2-4.

     (69) Wetland, freshwater. As defined in � 2-1-20.

     (70) Zoning certificate. A document signed by the zoning-enforcement officer, as

required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either

complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance

or is an authorized variance or modification therefrom.

     (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

town.

     (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town

pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or

town's legislative or home rule charter, if any, that establish regulations and standards relating to

the nature and extent of uses of land and structures; that is consistent with the comprehensive plan

of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

complies with the provisions of this chapter.

     (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which

a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-

use districts include, but are not limited to: agricultural, commercial, industrial, institutional, open

space, and residential. Each district may include sub-districts. Districts may be combined.


 

 

 

 

437)

Section

Amend Chapter Numbers:

 

45-24-37

214 and 267

 

 

45-24-37. General provisions -- Permitted uses.

     (a) The zoning ordinance provides shall provide a listing of all land uses and/or

performance standards for uses that are permitted within the zoning use districts of the

municipality.

     (b) Notwithstanding any other provision of this chapter, the following uses are permitted

uses within all residential zoning use districts of a municipality and all industrial and commercial

zoning use districts except where residential use is prohibited for public health or safety reasons:

     (1) Households;

     (2) Community residences; and

     (3) Family day care homes.

     (c) Any time a building or other structure used for residential purposes, or a portion of a

building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire

or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured

home, or homes, as the need may be, elsewhere upon the land, for use and occupancy of the

former occupants for a period of up to twelve (12) months, or until the building or structure is

rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated

agent of the owner, is only allowed to cause the mobile and manufactured home, or homes, to

remain temporarily upon the land by making timely application to the local building official for

the purposes of obtaining the necessary permits to repair or rebuild the structure.

     (d) Notwithstanding any other provision of this chapter, appropriate access for people

with disabilities to residential structures is allowed as a reasonable accommodation for any

person(s) residing, or intending to reside, in the residential structure.

     (e) Notwithstanding any other provision of this chapter, an accessory family dwelling

unit in an owner-occupied, single-family residence shall be permitted as a reasonable

accommodation for family members with disabilities or who are sixty-two (62) years of age or

older, or to accommodate other family members. The appearance of the structure shall remain

that of a single-family residence and there shall be an internal means of egress between the

principal unit and the accessory family dwelling unit. If possible, no additional exterior entrances

should be added. Where additional entrance is required, placement should generally be in the rear

or side of the structure. When the structure is serviced by an individual, sewage-disposal system,

the applicant shall have the existing or any new system approved by the department of

environmental management. The zoning-enforcement officer shall require that a declaration of

the accessory family dwelling unit for the family member, or members, and its restrictions be

recorded in the land-evidence records and filed with the zoning-enforcement officer and the

building official. Once the family member, or members, with disabilities or who are sixty-two

(62) years of age or older, or any other family member, no longer reside(s) in the premises on a

permanent basis, or the title is transferred, the property owner shall notify the zoning official in

writing, and the accessory family-dwelling unit shall no longer be permitted, unless there is a

subsequent, valid application.

     (f) When used in this section the terms "people with disabilities" or "member, or

members, with disabilities" means a person(s) who has a physical or mental impairment that

substantially limits one or more major life activities, as defined in � 42-87-1(7) of the general

laws.

     (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted

use within all zoning districts of a municipality, including all industrial and commercial zoning

districts, except where prohibited for public health or safety reasons or the protection of wildlife

habitat.


 

 

 

 

438)

Section

Amend Chapter Numbers:

 

45-24-45

191 and 244

 

 

45-24-45. General provisions -- Publication and availability of zoning ordinances.

     (a) Printed copies of the zoning ordinance and map(s) of a city or town shall be available

to the general public and revised to include all amendments. A reasonable charge may be made

for copies to reflect printing and distribution costs.

     (b) Upon publication of a zoning ordinance and map, and any amendments to them, the

city or town clerk shall send a copy, without charge,,to the statewide planning program of the

department of administration and to the state law library.


 

 

 

 

 

 

439)

Section

Amend Chapter Numbers:

 

45-24-53

191 and 244

 

 

45-24-53. Adoption -- Notice and hearing requirements.

     (a) No zoning ordinance shall be adopted, repealed, or amended until after a public

hearing has been held upon the question before the city or town council. The city or town council

shall first give notice of the public hearing by publication of notice in a newspaper of general

circulation within the city or town at least once each week for three (3) successive weeks prior to

the date of the hearing, which may include the week in which the hearing is to be held, at which

hearing opportunity shall be given to all persons interested to be heard upon the matter of the

proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be

mailed to the statewide planning program of the department of administration, and, where

applicable, to the parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least

two (2) weeks prior to the hearing. The newspaper notice shall be published as a display

advertisement, using a type size at least as large as the normal type size used by the newspaper in

its news articles, and shall:

     (1) Specify the place of the hearing and the date and time of its commencement;

     (2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under

consideration;

     (3) Contain a statement of the proposed amendments to the ordinance that may be printed

once in its entirety, or summarize and describe the matter under consideration as long as the

intent and effect of the proposed ordinance is expressly written in that notice;

     (4) Advise those interested where and when a copy of the matter under consideration may

be obtained or examined and copied; and

     (5) State that the proposals shown on the ordinance may be altered or amended prior to

the close of the public hearing without further advertising, as a result of further study or because

of the views expressed at the public hearing. Any alteration or amendment must be presented for

comment in the course of the hearing.

     (b) Where a proposed general amendment to an existing zoning ordinance includes

changes in an existing zoning map, public notice shall be given as required by subsection (a) of

this section.

     (c) Where a proposed text amendment to an existing zoning ordinance would cause a

conforming lot of record to become nonconforming by lot area or frontage, written notice shall be

given to all owners of the real property as shown on the current real estate tax assessment records

of the city or town. The notice shall be given at least two (2) weeks prior to the hearing at which

the text amendment is to be considered, with the content required by subsection (a). If the city or

town zoning ordinance contains an existing merger clause to which the nonconforming lots would

be subject, the notice shall include reference to the merger clause and the impacts of common

ownership of nonconforming lots. The sender of the notice shall utilize and obtain a United States

Postal Service certificate of mailing, and the certificate or an electronic copy thereof shall be

retained to demonstrate proof of the mailing.

     (d) Where a proposed amendment to an existing ordinance includes a specific change in a

zoning district map, but does not affect districts generally, public notice shall be given as required

by subsection (a) of this section, with the additional requirements that:

     (1) Notice shall include a map showing the existing and proposed boundaries, zoning

district boundaries, existing streets and roads and their names, and city and town boundaries

where appropriate; and

     (2) Written notice of the date, time, and place of the public hearing and the nature and

purpose of the hearing shall be sent to all owners of real property whose property is located in or

within not less than two hundred feet (200') of the perimeter of the area proposed for change,

whether within the city or town or within an adjacent city or town. Notice shall also be sent to any

individual or entity holding a recorded conservation or preservation restriction on the property

that is the subject of the amendment. The notice shall be sent by registered, certified, or first-class

mail to the last known address of the owners, as shown on the current real estate tax assessment

records of the city or town in which the property is located; provided, for any notice sent by first-

class mail, the sender of the notice shall utilize and obtain a United States Postal Service

certificate of mailing, PS form 3817, or any applicable version thereof, to demonstrate proof of

such mailing.

     (e) Notice of a public hearing shall be sent by first-class mail to the city or town council

of any city or town to which one or more of the following pertain:

     (1) That is located in or within not less than two hundred feet (200') of the boundary of

the area proposed for change; or

     (2) Where there is a public or quasi-public water source, or private water source that is

used, or is suitable for use, as a public water source, within two thousand feet (2,000') of any real

property that is the subject of a proposed zoning change, regardless of municipal boundaries.

     (f) Notice of a public hearing shall be sent to the governing body of any state or

municipal water department or agency, special water district, or private water company that has

riparian rights to a surface water resource or surface watershed that is used, or is suitable for use,

as a public water source and that is within two thousand feet (2,000') of any real property that is

the subject of a proposed zoning change; provided, that the governing body of any state or

municipal water department or agency, special water district, or private water company has filed

with the building inspector in the city or town a map survey, that shall be kept as a public record,

showing areas of surface water resources and/or watersheds and parcels of land within two

thousand feet (2,000') thereof.

     (g) Notwithstanding any of the requirements set forth in subsections (a) through (e), each

municipality shall establish and maintain a public notice registry allowing any person or entity to

register for electronic notice of any changes to the zoning ordinance. The city or town shall

provide public notice annually of the existence of the electronic registry by publication of notice

in a newspaper of general circulation within the city or town. In addition, each municipality is

hereby encouraged to provide public notice of the existence of the public notice registry in all of

its current and future communications with the public, including, but not limited to, governmental

websites, electronic newsletters, public bulletins, press releases, and all other means the

municipality may use to impart information to the local community.

     (1) Provided, however, notice pursuant to a public notice registry as per this section does

not alone qualify a person or entity on the public notice registry as an "aggrieved party" under �

45-24-31(4).

     (h) No defect in the form of any notice under this section shall render any ordinance or

amendment invalid, unless the defect is found to be intentional or misleading.

     (i) Costs of any notice required under this section shall be borne by the applicant.

     (j) In granting a zoning ordinance amendment, notwithstanding the provisions of � 45-24-

37, the town or city council may limit the change to one of the permitted uses in the zone to

which the subject land is rezoned and impose limitations, conditions, and restrictions, including,

without limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all

state or local governmental agencies or instrumentalities having jurisdiction over the land and use

that are the subject of the zoning change; (2) Those relating to the effectiveness or continued

effectiveness of the zoning change; and/or (3) Those relating to the use of the land as it deems

necessary. The responsible town or city official shall cause the limitations and conditions so

imposed to be clearly noted on the zoning map and recorded in the land evidence records;

provided, that in the case of a conditional zone change, the limitations, restrictions, and

conditions shall not be noted on the zoning map until the zone change has become effective. If the

permitted use for which the land has been rezoned is abandoned or if the land is not used for the

requested purpose for a period of two (2) years or more after the zone change becomes effective,

the town or city council may, after a public hearing, change the land to its original zoning use

before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to

be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to

be invalid.

     (k) The above requirements are to be construed as minimum requirements.


 

 

 

 

440)

Section

Amend Chapter Numbers:

 

45-32-5

118 and 143

 

 

45-32-5. Corporate powers of agencies.

     (a) Each redevelopment agency constitutes a public body, corporate and politic,

exercising public and essential governmental functions, and has all the powers necessary and

convenient to carry out and effectuate the purposes and provisions of chapters 31 -- 33 of this

title, including the powers enumerated in this section in addition to others granted by these

chapters:

     (1) To sue and be sued; to borrow money; to compromise and settle claims; to have a

seal; and to make and execute contracts and other instruments necessary or convenient to the

exercise of its powers.

     (2) To make, and, from time to time, amend and repeal bylaws, rules, and regulations,

consistent with chapters 31 -- 33 of this title, to carry into effect the powers and purposes of these

chapters.

     (3) To select and appoint officers, agents, counsel, and employees, permanent and

temporary, as it may require, and determine their qualifications, duties, and compensation.

     (4) Within the redevelopment area or for purposes of redevelopment: to purchase, lease,

obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal

property, or any estate or interest in it, together with any improvements on it; to acquire by the

exercise of the power of eminent domain any real property or any estate or interest in it, although

temporarily not required to achieve the purposes of chapters 31 -- 33 of this title; to clear,

demolish, or remove any and all buildings, structures, or other improvements from any real

property so acquired; to rehabilitate or otherwise improve any or all substandard buildings,

structures, or other improvements; to insure or provide for the insurance of any real or personal

property or operations of the agency against risk or hazard; and to rent, maintain, rehabilitate,

improve, manage, operate, repair, and clear the property.

     (5) To develop as a building site or sites any real property owned or acquired by it.

     (6) To cause streets and highways to be laid out and graded, and pavements or other road

surfacing, sidewalks, and curbs, public utilities of every kind, parks, playgrounds, and other

recreational areas, off-street parking areas and other public improvements to be constructed and

installed.

     (7) To prepare or have prepared all plans necessary for the redevelopment of blighted and

substandard areas; with the consent and approval of the community planning commission, to

carry on and perform, for and on behalf of the commission, all or any part of the planning

activities and functions within the community; to undertake and perform, for the community,

industrial, commercial, and family relocation services; to obtain appraisals and title searches; to

make investigations, studies, and surveys of physical, economic, and social conditions and trends

pertaining to a community; to develop, test, and report methods and techniques and carry out

research and other activities for the prevention and the elimination of blighted and substandard

conditions and to apply for, accept, and utilize grants of funds from the federal government and

other sources for those purposes; and to enter upon any building or property in any

redevelopment area in order to make investigations, studies, and surveys, and, in the event entry

is denied or resisted, an agency may petition the superior court in and for the county in which the

land lies for an order for this purpose. Upon the filing of a petition, due notice of it shall be served

on the person denying or resisting entry, and after a hearing on the petition, the court shall enter

an order granting or denying the petition.

     (8) To undertake technical assistance to property owners and other private persons to

encourage, implement, and facilitate voluntary improvement of real property.

     (9) To undertake and carry out code enforcement projects pursuant to the provisions of

appropriate federal legislation.

     (10) To invest any funds held in reserves or sinking funds or any funds not required for

immediate disbursement, in property or securities in which savings banks may legally invest

funds subject to their control; and to purchase its bonds at a price not more than the principal

amount and accrued interest, all bonds so purchased to be cancelled.

     (11) To lend money, and to sell, lease, exchange, subdivide, transfer, assign, pledge,

encumber (by mortgage, deed of trust, or otherwise), or otherwise dispose of any real or personal

property or any estate or interest in it acquired under the provisions of chapters 31 -- 33 of this

title, to the United States, the state government, any state public body, or any private corporation,

firm, or individual at its fair value for uses in accordance with the redevelopment plan,

irrespective of the cost of acquiring and preparing the property for redevelopment. In determining

the fair value of the property for uses in accordance with the redevelopment plan, the agency shall

take into account, and give consideration to, the uses and purposes required by the plan, the

restrictions upon, and the obligations assumed by the purchaser or lessee of the property, and the

objectives of the redevelopment plan for the prevention of the recurrence of blighted and

substandard conditions. Any lease or sale of the property may be made without public bidding,

provided that no sale or lease is made until at least ten (10) days after the legislative body of the

community has received from the agency a report concerning the proposed sale or lease.

     (12) To obligate the purchaser or lessee of any real or personal property or any estate or

interest in it to:

     (i) Use the property only for the purpose and in the manner stated in the redevelopment

plan;

     (ii) Begin and complete the construction or rehabilitation of any structure or improvement

within a period of time that the agency fixes as reasonable; and

     (iii) Comply with other conditions that, in the opinion of the agency are necessary to

prevent the recurrence of blighted and substandard conditions and otherwise to carry out the

purposes of chapters 31 -- 33 of this title. The agency, by contractual provisions, may make any

of the purchasers' or lessees' obligations, covenants, or conditions running with the land, and may

provide that, upon breach thereof, the fee reverts to the agency.

     (13) To exercise all or any part or combination of the powers granted in this chapter.

     (14) To construct new buildings for residential, recreational, commercial, industrial,

institutional, public, or other uses contemplated by the redevelopment plan.

     (15) To grant or loan any redevelopment project revenues, or other revenues, including

the proceeds of any issue of bonds or notes issued pursuant to this chapter to an individual or any

nonprofit organization or governmental or quasi-governmental entity or private enterprise, in

order to finance the cost of any portion of a redevelopment project authorized pursuant to

chapters 31 through 33 of this title, including, without limiting the generality of the foregoing, the

cost of acquiring land for, and constructing or rehabilitating, furnishing and equipping residential,

commercial, industrial, institutional, public, or recreational facilities, within a redevelopment

area, or to loan bond or note proceeds in order to refinance any such loans.

     (16) To retain a master developer for all or any portion of a project. Any master

developer position ‎shall be subject to advertising and solicitation of applicants shall be approved

at a duly posted ‎public meeting of the agency.‎

     (b) Nothing contained in this chapter authorizes an agency to retain for a period in excess

of five (5) years from the date of acquisition, or within another additional period of time that the

legislative body fixes as reasonable, the fee or any estate or interest in it to any building,

structure, or other improvement, not demolished or otherwise removed, that has been acquired by

the agency in accordance with the redevelopment plan.


 

 

 

 

441)

Section

Amend Chapter Numbers:

 

45-32-24.1

118 and 143

 

 

45-32-24.1. Finding with respect to use of the power of eminent domain with respect to recreational redevelopment

projects that create and/or preserve jobs within the state and projects financed with incremental tax revenues.

     (a) The general assembly hereby determines and declares that the financing, construction,

and development of recreational facilities projects (as defined in section � 42-34-6(4) of the

general laws), with planned redevelopment of the surrounding project area, and projects financed

with incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 in

municipalities with a population greater than 60,000 but less than 80,000 that will create and/or

preserve jobs within the state, are public uses of statewide concern and are in the interest of, and

for benefit of, the citizens of the state, and will contribute substantially to the social and economic

well-being of the citizens of the state and significantly enhance the economic development and

employment opportunities within the state; and

     (b) The general assembly hereby determines and declares that government support in

facilitating the presence of recreational facilities projects (as defined in section � 42-34-6(4) of

the general laws), with planned redevelopment of the surrounding project area and projects

financed with incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45

in municipalities with a population greater than 60,000 but less than 80,000, and the creation

and/or preservation of jobs within the state, provides to the state and its citizens highly valued

intangible benefits that increase and/or improve the quality of life and civic relationships of their

citizens.


 

 

 

 

442)

Section

Amend Chapter Numbers:

 

45-32-24.2

118 and 143

 

 

45-32-24.2. Power of eminent domain with respect to recreational redevelopment projects that create and/or

preserve jobs within the state and projects financed with incremental tax revenues.

     (a) With respect to any project in the state that includes the financing, construction, and

development of recreational facilities projects (as defined in section � 42-34-6(4) of the general

laws), with planned redevelopment of the surrounding project area, and projects financed with

incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 in

municipalities with a population greater than 60,000 but less than 80,000 that will create and/or

preserve jobs within the state, the provisions of this section shall apply rather than the provisions

of �� 45-32-26 through 45-32-37.

     (b) The acquisition of real property for the construction of recreational facilities projects

(as defined in section � 42-34-6(4) of the general laws), with planned redevelopment of the

surrounding project area and projects financed with incremental tax revenues pursuant to chapters

31, 32, 33, 33.2, and 33.4 of title 45 in municipalities with a population greater than 60,000 but

less than 80,000, that will create and/or preserve jobs within the state, is declared to be a public

use for economic development purposes.

     (c) If, for any of the purposes of this chapter, an agency shall find it necessary to acquire

any real property, whether for immediate or future use, the agency may find and determine that

the property, whether a fee simple absolute or a lesser interest, is required for the acquisition,

construction, or operation of a project, and upon that determination, the property shall be deemed

to be required for public use until otherwise determined by the agency; and with the exceptions

hereinafter specifically noted, the determination shall not be affected by the fact that the property

has been taken for, or is then devoted to, a public use; but the public use in the hands or under the

control of the agency shall be deemed superior to the public use in the hands of any other person,

association, or corporation; provided further, however, that no real property or interest, estate, or

right in these belonging to the state shall be acquired without consent of the state; and no real

property or interest, estate, or right in these belonging to any municipality shall be acquired

without the consent of the municipality; and no real property, or interest or estate in these,

belonging to a public utility corporation may be acquired without the approval of the public

utility commission or another regulatory body having regulatory power over the agency.

     (d) As part of an agency's diligence in determining whether it is necessary to acquire

certain real property, whether for immediate or future use, the agency may enter the real property

and conduct environmental testing upon giving the owner not less than two (2) weeks' written

notice.

     (e) The agency may proceed to acquire, and is authorized to and may proceed to acquire,

property, whether a fee simple absolute or a lesser interest, by the exercise of the right of eminent

domain in the manner prescribed in this chapter.

     (f) Nothing contained in this section shall be construed to prohibit the agency from

bringing any proceedings to remove a cloud on title or any other proceedings that it may, in its

discretion, deem proper and necessary, or from acquiring property by negotiation or purchase.

     (g) The necessity for the acquisition of property under this chapter shall be conclusively

presumed upon the adoption by the agency of a vote determining that the acquisition of the

property or any interest in property described in that vote is necessary for the acquisition,

construction, or operation of a project. Within six (6) months after its passage, the agency shall

cause to be filed in the appropriate land evidence records a copy of its vote together with a

statement signed by the chairperson or vice-chairperson of the agency that the property is taken

pursuant to this chapter, and also a description of the real property indicating the nature and

extent of the estate or interest in the estate taken and a plat of the real property, which copy of the

vote and statement of the chairperson or vice-chairperson shall be certified by the secretary of the

agency and the description and plat shall be certified by the city or town clerk for the city or town

within which the real property lies.

     (h) Forthwith thereafter the agency shall cause to be filed, in the superior court in and for

the county within which the real property lies, a statement of the sum of money estimated to be

just compensation for the property taken, and shall deposit in the superior court to the use of the

persons entitled to the money the sum set forth in the statement. The agency shall satisfy the court

that the amount deposited with the court is sufficient to satisfy the just claims of all persons

having an estate or interest in the real property. Whenever the agency satisfies the court that the

claims of all persons interested in the real property taken have been satisfied, the unexpended

balance shall be ordered repaid forthwith to the agency.

     (i) Upon the filing of the copy of the vote, statement, description, and plat in the land

evidence records, and upon the making of the deposit in accordance with the order of the superior

court, title to the real property in fee simple absolute or any lesser estate or interest specified in

the resolution shall vest in the agency, and that real property shall be deemed to be condemned

and taken for the use of the agency and the right to just compensation for the condemned property

shall vest in the persons entitled to compensation, and the agency thereupon may take possession

of the real property. No sum paid unto the court shall be charged with clerks' fees of any nature.

     (j) After the filing of the copy of the vote, statement, description, and plat, notice of the

taking of that land or other real property shall be served upon the owners of, or persons having

any estate or interest in, the real property by the sheriff, or his or her deputies, of the county in

which the real estate is situated by leaving a true and attested copy of the vote, statement,

description, and plat with each of those persons personally, or at the last and usual place of abode

in this state with some person living there, and in case any of those persons are absent from this

state and have no last and usual place of abode therein occupied by any person, the copy shall be

left with the person or persons, if any, in charge of, or having possession of, the real property

taken of the absent persons, and another copy shall be mailed to the address of the person, if the

address is known to the officer serving the notice.

     (k) After the filing of the vote, description, and plat, the agency shall cause a copy to be

published in some newspaper having general circulation in the city or town in which the real

property lies at least once a week for three (3) successive weeks.

     (l) If any party shall agree with the agency upon the price to be paid for the value of the

real property so taken and of appurtenant damage to any remainder or for the value of his or her

estate, right, or interest therein, the court, upon application of the parties in interest, may order

that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to

be awarded in the proceedings.

     (m) Any owner of, or person entitled to any estate or right in, or interested in any part of,

the real property taken, who cannot agree with the agency upon the price to be paid for his or her

estate, right, or interest in the real property taken and the appurtenant damage to the remainder,

may, within three (3) months after personal notice of the taking, or if he or she has no personal

notice, may, within one year from the time the sum of money estimated to be just compensation is

deposited in the superior court to the use of the persons entitled to the compensation, apply by

petition to the superior court for the county in which the real property is situated, setting forth the

taking of his or her land or his or her estate or interest in these and praying for an assessment of

damages by the court or by a jury. Upon the filing of the petition, the court shall cause twenty

(20) days' notice of the filing of the petition to be given to the agency by serving the chairperson

or vice chairperson of the agency with a certified copy of the notice.

     (n) After the service of notice, the court may proceed to the trial thereof. The trial shall be

conducted as other civil actions at law are tried. The trial shall determine all questions of fact

relating to the value of the real property, and any estate or interest, and the amount of this value

and the appurtenant damage to any remainder and the amount of this damage, and the trial and

decision or verdict of the court or jury shall be subject to all rights to except to rulings, to move

for new trial, and to appeal, as are provided by law. Upon the entry of judgment in those

proceedings, execution shall be issued against the money deposited in court and in default against

any other property of the agency. Pre-judgment interest and post-judgment interest,

notwithstanding � 9-21-10, shall be computed in accordance with either the methodology set forth

in � 37-6-23 or � 9-21-10, whichever produces the lower interest cost. The interest shall be paid

by the agency out of any funds appropriated and available therefor.

     (o) In case two (2) or more petitioners make claim to the same real property, or to any

estate or interest, or to different estate or interests in the same real property, the court shall, upon

motion, consolidate their several petitions for trial at the same time, and may frame all necessary

issues for the trial.

     (p) If any real property or any estate or interest, in which any minor or other person not

capable in law to act in his or her own behalf is interested, is taken under the provisions of this

chapter, the superior court, upon the filing of a petition by or in behalf of the minor or person or

by the agency, may appoint a guardian ad litem for the minor or other person. Guardians may,

with the advice and consent of the superior court, and upon any terms as the superior court may

prescribe, release to the agency all claims for damages for the land of the minor or other person or

for any estate or interest. Any lawfully appointed, qualified, and acting guardian or other

fiduciary of the estate of any minor or other person, with the approval of the court of probate

within this state having jurisdiction to authorize the sale of lands and properties within this state

of the minor or other person, may before the filing of any petition, agree with the minor or other

person for any taking of his or her real property or of his or her interest or estate, and may, upon

receiving the amount, release to the agency all claims for damages for the minor or other person

for the taking.

     (q) In case any owner of, or any person having an estate or interest in, the real property

fails to file his or her petition, the superior court for the county in which the real property is

situated, in its discretion, may permit the filing of the petition within one year subsequent to the

year following the time of the deposit in the superior court of the sum of money estimated to be

just compensation for the property taken; provided, the person shall have had no actual

knowledge of the taking of the land in season to file the petition; and provided, no other person or

persons claiming to own the real property or estate or interest shall have been paid the value; and

provided, no judgment has been rendered against the agency for the payment of the value to any

other person or persons claiming to own the real estate.

     (r) If any real property or any estate or interest is unclaimed or held by a person or

persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court

for the county in which the real property lies, the agency, after the expiration of two (2) years

from the first publication of the copy of the vote, statement, description, and plat, may petition the

court that the value of the estate or interest of the unknown person or persons be determined.

After the notice by publication to any person or persons that the court in its discretion may order,

and after a hearing on the petition, the court shall fix the value of the estate or interest and shall

order the sum to be deposited in the registry of the court in a special account to accumulate for

the benefit of the person or persons, if any, entitled to it. The receipt of the clerk of the superior

court shall constitute a discharge of the agency from all liability in connection with the taking.

When the person entitled to the money deposited shall have satisfied the superior court of his or

her right to receive that money, the court shall cause it to be paid over to him or her, with all

accumulations thereon.

     (s) The superior court shall have power to make any orders with respect to encumbrances,

liens, taxes, and other charges on the land, if any, as shall be just and equitable.

     (t) Whenever, in the opinion of the agency, a substantial saving in the cost of acquiring

title can be effected by conveying other real property, title to which is in the agency, to the person

or persons from whom the estate or interest in real property is being purchased or taken, or by the

construction or improvement by the agency of any work or facility upon the remaining real

property of the person or persons from whom the estate or interest in real property is being

purchased or taken, the agency shall be and hereby is authorized to convey that other real

property to the person or persons from whom the estate or interest in real property is being

purchased or taken and to construct or improve any work or facility upon the remaining land of

the person or persons.

     (u) At any time during the pendency of any proceedings for the assessment of damages

for property or interests taken or to be taken by eminent domain by the agency, or in any appeal

of any order entered in any such proceeding, the agency or any owner may apply to the court for

an order directing an owner or the agency, as the case may be, to show cause why further

proceedings should not be expedited, and the court may upon that application make an order

requiring that the hearings proceed and that any other steps be taken with all possible expedition.

     (v) In the event that an owner of, or a person entitled to any estate or right in, or

interested in any part of, the real property taken (a "petitioning party") files a petition with the

court challenging the amount that the agency had estimated to be just compensation for the

property taken (the "estimated value"), and the final judgment of the court, exclusive of

prejudgment interest, is an amount equal to or less than the estimated value, the petitioning party

shall be required to pay the reasonable attorneys' fees and expenses incurred by the agency, and

the reasonable expert witness fees and expenses incurred by the agency, in defending the

estimated value.

     (w) Chapter 64.12 of title 42 shall not apply to property taken by eminent domain

pursuant to � 45-32-24.1 and � 45-32-24.2 this section.


 

 

 

 

443)

Section

Chapter Numbers:

 

45-33.4-1

118 and 143

 

 

45-33.4-1. Definitions.

     For purposes of this chapter, the following terms shall have the meanings ascribed to

them herein:

     (1) "Agency" means the Pawtucket redevelopment agency, established in accordance

with chapter 31 of this title.

     (2) "Ballpark" shall mean a new ballpark, currently known as the Ballpark at Slater Mill,

and related facilities and parking in the city.

     (2) "Arts district" means the economic development zone designated as the arts and

entertainment district in the downtown area of the city described in � 44-30-1.1.

     (3) "Ballpark district" means the ballpark district of the downtown Pawtucket

redevelopment project area or tax increment master plan, including the ballpark known as McCoy

Stadium, and related facilities and its immediately adjacent parcels within the redevelopment area

approved by the agency in accordance with the procedures set forth in chapters 31, 32, and 33,

and 33.2 of this title.

     (4) "Bonds" means revenue bonds issued by the Pawtucket redevelopment agency or the

city in accordance with the provisions of chapters 31, 32, and 33, and 33.2 of this title in order to

finance the ballpark and land costs a project, which bonds may be issued on a tax-exempt or

taxable basis, on a fixed-rate basis or variable-rate basis, or any combination thereof, and may be

issued in one or more sub-series and supported with letters or lines of credit, liquidity facilities,

insurance or other support arrangements including, but not limited to, interest rate "caps,",

"floors,", "collars,", that the agency or city, as issuer, determines to be necessary or desirable for

the purpose of generating savings or managing interest rates in connection with, or subsequent to,

or incidental to the issuance, carrying, or securing of the bonds.

     (5) "City" means the city of Pawtucket, Rhode Island.

     (6) "City economic activity taxes" means city incremental tangible asset taxes, hotel

taxes, food and beverage tax revenues, and non-real property assessments tax revenues from

activities at McCoy Stadium in the arts district, the growth center district, and the ballpark

districtplus incremental tangible asset taxes, hotel taxes, food and beverage tax revenues, and

non-real property assessments to be generated in and around the downtown Pawtucket

redevelopment area as set forth in the economic activity taxes agreement negotiated by the

governor and the state director of the department of revenue, as described in � 45-33.4-4, in

addition to premium ticket surcharges.

     (7) "City tax increment revenues" means revenues generated under chapter 33.2 of this

title that are expected to include incremental real estate property taxes, personal property taxes,

special assessments on real property, and betterment fees generated in and around the downtown

Pawtucket redevelopment area arts district, the growth center district, and the ballpark district.

     (8) "Downtown Pawtucket redevelopment area" means the redevelopment area approved

by the agency in accordance with the procedures set forth in chapters 31, 32, and 33 of this title.

     (9) "Downtown Pawtucket redevelopment plan" means the redevelopment plan proposed

to be approved by the agency pursuant to chapters 31, 32, and 33 of this title that contemplates

public uses of the ballpark and a mixed use real estate development in an adjacent area that may

include retail, entertainment, restaurant, public park, civic space, hotel, office space, and

residential components as part of a larger redevelopment of downtown Pawtucket.

     (10) "Downtown Pawtucket redevelopment project" means the project proposed to be

approved by the agency in accordance with chapters 31, 32, and 33 of this title, that contemplates

public uses of the ballpark and a mixed use real estate development in an adjacent area that may

include retail, entertainment, restaurant, public park, civic space, hotel, office space, and

residential components as part of a larger redevelopment of downtown Pawtucket.

     (11)(8) "Economic activity taxes agreement" means the agreement by and among the

agency, the city, and the state described in � 45-33.4-4.

     (12) "Land costs" means the cost of land acquisition for the ballpark and related

infrastructure which shall include all related expenses of acquisition by purchase or through

eminent domain.

     (13) "Lease" means the lease agreement to be entered into by the agency, as lessor, and

the team, as lessee, providing for the lease of, and payment of rentals for, the ballpark and related

facilities.

     (14) "McCoy Stadium" means the existing minor-league baseball stadium by that name

located in the city.

     (15) "PawSox" or "team" shall mean the Pawtucket Red Sox Baseball Club, LLC, its

affiliates, successors, or assigns.

     (16) "Renewal and replacement reserve fund" means the fund established pursuant to �

45-33.4-5 to ensure funding of maintenance, renewal, and replacement of the ballpark and related

facilities.

     (9) Growth center district" means the growth center district described in a

redevelopment plan or in ‎a tax increment district master plan approved by the agency in

accordance with the procedures set forth ‎in chapters 31, 32, 33, and 33.2 of title 45, which shall

have boundaries as follows: The area beginning at the point of intersection of Lonsdale Avenue

and the Central Falls/Pawtucket line, continuing south on Lonsdale Avenue until Beecher Street,

then heading east, then south, then east on Beecher Street to Coleman Street, then turning south

onto Coleman Street to Carpenter Street, then heading east onto Carpenter Street to Conant Street,

then turning south onto Conant Street, continuing to Main Street, then turning northeast onto

Main Street to Church Street, then turning east onto Church Street to Pine Street, then turning

south onto Pine Street to South Union Street, then turning east onto South Union Street to Park

Place West, then turning south onto Park Place West to George St, continuing south onto George

Street to Division Street, then turning east onto Division Street to Taft Street, then turning south

onto Taft Street to Max Read Field, turning east at Max Read Field and crossing the Seekonk

River, then turning south along Seekonk River boundary to the intersection of Berry Spring Street

and School Street, continuing northerly onto School Street to Bowers Street, turning east onto

Bowers Street to Prospect Street, then turning north onto Prospect Street to Interstate 95, turning

northeast onto Interstate 95 to Walcott Street, turning west onto Walcott Street to Broadway,

turning northerly onto Broadway to edge of Interstate 95, continuing north along the western edge

of Interstate 95 to Pawtucket/Attleboro city line, then turning west at the city line to the

Blackstone River, then south along the city boundary on the Blackstone River, continuing

westerly along the city line to the point where the city line intersects with Lonsdale Avenue.

     (10) "Project" means any project as defined in � 45-33.2-3 or any capital project as

defined in � 45-33.2-3.1 within the ballpark district, arts district, or growth center district and

shall include "project costs" as described in � 45-33.2-28, which definition shall apply

irrespective of whether the project is described in a redevelopment plan or in a tax increment

district master plan.

     (11) "Redevelopment plan" means a redevelopment plan as defined in � 45-31-8.

     (17)(12) "State" means the state of Rhode Island and Providence Plantations.

     (18) "State economic activity taxes" shall mean existing tax revenues realized from

activities at McCoy Stadium and tax revenue in the ballpark district of the downtown Pawtucket

redevelopment area assessed and collected under chapters 18, 19, and 30 of title 44.

     (13) "State economic activity taxes" means incremental tax revenues realized in the arts

district, the growth center district, and the ballpark district assessed and collected under chapters

11, 18, 19, and 30 of title 44 as set forth in the economic activity taxes agreement negotiated by

the governor and the state director of the department of revenue,; provided, however, that state

economic activity taxes shall not include existing tax revenues unless: 1) the The project is to

facilitate an expansion of an existing business that will otherwise be unable to increase the

number of full-time employees in the State state; or 2) the The commerce corporation certifies in

writing that a defined amount of revenues from the districts collected and assessed under chapters

18, 19, and 30 of title 44 are necessary to finance or complete a given project; 3) the The public

investments made under this chapter for a project can be demonstrated to have a likely

appreciable positive impact on the revenues of an existing business within the district; or 4) the

The project is necessary to retain a businesses that is at substantial risk of relocating to a viable

location out-of-state as verified by the Rhode Island commerce corporation. The commerce

corporation shall establish, by regulation, the documentation that shall be required to verify

compliance under this subsection. In order to assist the commerce corporation in verifying

compliance, the affected business's chief executive officer, or equivalent officer, shall attest under

oath:

     (a) (i) With respect to any portion of a project that is financing municipal or public

facilities, that the project is needed and that the financing of the project is in the public interest; or

     (b) (ii) With respect to any portion of the project providing financing for industrial or

commercial development purposes, that unemployment or the threat of unemployment exists in

the city or that security against future unemployment is required,; that the project is needed,; that

it will provide employment or security against loss of employment, including the approximate

number of new jobs that should be created or preserved, construction and nonconstruction, their

approximate wage rates, what types of fringe benefits such as healthcare or retirement benefits

there will be,; and the projected increase in personal income taxes to the state of Rhode Island, all

having a reasonable relationship to the probable cost of acquiring, establishing, improving, or

rehabilitating the facilities in which the employment is to be provided or maintained.

     (12)(14) "Tax increment district master plan" means a tax increment district master plan

as defined in � 45-33.2-3.1.

     (19) "Ticket" means any physical, electronic, or other form of certificate, document, or

token showing that a fare, admission, or license fee for a right to enter the ballpark has been paid.


 

 

 

 

444)

Section

Repeal Chapter Numbers:

 

45-33.4-2

118 and 143

 

 

45-33.4-2. [Repealed]


 

 

 

 

445)

Section

Repeal Chapter Numbers:

 

45-33.4-3

118 and 143

 

 

45-33.4-3. [Repealed]


 

 

 

 

446)

Section

Amend Chapter Numbers:

 

45-33.4-4

118 and 143

 

 

45-33.4-4. Authorization of economic activity taxes agreement.

     (a) The state, acting by and through the department of revenue, is authorized to enter into

an economic activity taxes agreement with the agency and the city with a term coterminous with

the bonds for the purposes of financing a portion of the ballpark and land costs and costs projects,

associated with the bonds bonding costs, including capitalized interest, debt service reserves, and

costs of issuance. The Such economic activity taxes agreement may include such covenants and

undertakings of the state as the state director of the department of revenue and the governor deem

reasonable, including, without limitation, provisions enabling the payment of amounts under the

economic activity taxes agreement from legally available funds for each fiscal year during which

any bonds are outstanding. The division of taxation may issue rules and regulations with respect

to this section.

     (b) The Such economic activity taxes agreement and the pledge and assignment of the

state economic activity taxes shall be subject to the provisions of this chapter rather than the

provisions of chapter 64.21 of title 42. Beginning no earlier than July 1, 2019 Upon the execution

of an economic activity taxes agreement, the state such economic activity taxes shall be

segregated by the state division of taxation from all other tax revenues of the state and deposited

on a monthly basis into a restricted account known as the "downtown Pawtucket redevelopment

economic activity taxes fund.". However, in the event an economic activity taxes agreement has

not been signed by June 30, 2020, incremental tax revenues realized in the arts district, the

growth center district and the ballpark district assessed and collected under chapters 18 and 19 of

title 44 shall be segregated by the state division of taxation and deposited into the downtown

Pawtucket redevelopment economic activity taxes fund. Monies deposited in the downtown

Pawtucket redevelopment economic activity taxes fund may be applied to payment of debt

service on the bonds; to fund debt service reserves; to the state's contributions to the renewal and

replacement reserve fund; to costs of infrastructure improvements in and around the area of the

downtown Pawtucket redevelopment project ballpark district, arts district, and the growth center

district; to fund future debt service on the bonds; and to fund a redevelopment revolving fund

established in accordance with � 45-33-1. If monies economic activity taxes remain in the such

downtown Pawtucket redevelopment economic activity taxes fund at the end of the state's fiscal

year, the monies shall be retained in the fund to be applied in future fiscal years and shall not be

applied to reduce future payments but may be applied to "super sinker,", "turbo," or other

redemption of the bonds, such that if the agency receives revenues in excess of requirements in

the bond indenture or trust agreement securing the bonds, it may retire the bonds may be retired.

Nothing in this chapter shall prohibit the pooling of revenues for the payment of the bonds,

provided that the economic activity taxes agreement, bond indenture, or trust agreement shall

provide for a reconciliation of contributions of the team, the agency, the city, and the state from

time to time, but no less than every three (3) years. The reconciliation shall be subject to review

by the state auditor general. The review shall be provided to the governor, speaker of the house,

and the president of the senate; provided however, that the state hereby pledges to and agrees

with any person, firm, or corporation, or federal agency subscribing to or acquiring any bonds

secured by revenues under this chapter, that the state will not limit or alter the rights vested in the

city or the agency or such bondholders until all bonds at any time issued, together with their

interest, are fully met and discharged. The state does further pledge to and agree with the United

States, and any other federal agency, that in the event that any federal agency constructs or

contributes any funds for the construction, extension, improvement, equipping, furnishing, or

enlargement of any project, or any portion of it, the state will not alter or limit this chapter in any

manner that would be inconsistent with the due performance of any agreements with the federal

agency; and the city and the agency continue to have and may exercise all powers granted by this

chapter, so long as the powers are necessary or desirable for the carrying out of the purposes of

this chapter.

     (c) The economic activity taxes agreement shall not constitute indebtedness of the state or

any of its subdivisions, or a debt for which the full faith and credit of the state or any of its

subdivisions is pledged. The state's obligation to make payments of state economic activity taxes

under the state economic activity taxes agreement shall be solely from legally available funds.

     (d) The economic activity taxes agreement may be terminated upon agreement of the

parties thereto, provided, however, the economic activity taxes agreement shall not be terminated

so long as any bonds secured by the economic activity taxes remain outstanding.

     (e) By no later than September 30, 2019, the State Department of Revenue state

department of revenue shall establish the baseline to be used in the calculation of State state

revenues in the State Economic Activity Tax Agreement state economic activity tax agreement.

By that date, the Department of Revenue department of revenue, in consultation with the State

Commerce Corporation state commerce corporation shall develop a template of an Economic

Activity Tax Agreement economic activity tax agreement to be executed between the City city,

the Agency agency, and the State state at such time that a redevelopment project is submitted for

consideration. Upon submission of a redevelopment project by the City city or the agency for

financing under this statute, the State state shall complete negotiations and finalize approval of an

Economic Activity Agreement economic activity agreement within 120 days of the submission

of the request for financing.

     (f) Not later than February 1 of each year commencing February 1, 2022, the city, the

agency, and the Rhode Island Commerce Corporation commerce corporation shall submit a

performance review report to the general assembly which includes, but is not limited to, the

following information: sources and uses of project funds, permanent job and construction job

creation numbers, local and State state tax revenue estimates, and project completion schedules.


 

 

 

 

447)

Section

Repeal Chapter Numbers:

 

45-33.4-5

118 and 143

 

 

45-33.4-5. [Repealed]


 

 

 

 

448)

Section

Amend Chapter Numbers:

 

45-33.4-6

118 and 143

 

 

45-33.4-6. Green construction and cost saving measures.

     (a) The lease shall be negotiated and executed forthwith upon the passage of this chapter

and the lease shall include, but shall not be limited to, the following terms:

     (1) The lease period shall be for a term not fewer than thirty (30) years, which term shall

commence upon the completion of the construction of the ballpark, shall establish the obligations

and commitments of the team and the Minor League Baseball Association, and shall not be

subject to any escape clause; and

     (2) The team shall be responsible for the daily maintenance of the ballpark, including, but

not limited to, keeping the facility in good condition and repair, maintaining the office areas,

furnishings, fixtures, and equipment, and maintaining the general cleanliness of the ballpark, and

shall be responsible for the financial costs associated with this maintenance.

     (b) The general assembly encourages the city to provide planning and operational

assistance with respect to the "public park" aspect of the ballpark, which will operate year-round

in and around the ballpark separate and apart from the ballpark's baseball-related uses.

     (c) The team shall be solely responsible for any ballpark construction costs that exceed

the projected eighty-three million dollar ($83,000,000) total project cost.

     (d) In the event that the total ballpark construction costs and land costs are less than the

projected eighty-three million dollars ($83,000,000), or in the event that not all of the bond

proceeds are needed to complete the specified project, any unused bond proceeds shall be used to

pay the debt service on the bonds as provided in the bond indenture, trust agreement, or economic

activity taxes agreement. No land costs or ballpark construction costs savings will be credited

toward the team's twelve million dollar ($12,000,000) equity contribution.

     (e) Members of the team ownership shall develop independently, or with partners secure

the development of, a minimum of fifty thousand square feet (50,000 ft2) of real estate on the

ballpark site or in the ancillary redevelopment area, subject to the city or agency's acquisition and

delivery of developable land, and the development shall align contemporaneously with the

construction of the ballpark.

     (f) Advance ticket prices for children, senior citizens, and general admission will not

increase from the cost of those tickets in the 2017 regular and postseason for a minimum period

of five (5) years from the opening of the ballpark, or before September 30, 2025, whichever is

earlier.

     (g) Any person working at the ballpark during the planning, construction, or operational

phases, including, but not limited to, concessions, the box office, or custodial services, shall be

employed with the protections of both federal and state labor standards, including fair pay, health

and safety, anti-discrimination, and provisions that prevent labor misclassification by incorrectly

designating workers as "independent contractors".

     (h) The contract for construction of the ballpark shall be a guaranteed maximum price

contract.

     (i)(a) The general assembly encourages:

     (1) The use of green and sustainable building materials, techniques, and standards,

including those enacted by the general assembly in the Rhode Island green buildings act, chapter

24 of title 37; and

     (2) The use of highly efficient energy systems, the use of water conservation measures,

and the potential use of on-site renewable energy generation in the development and construction

of the ballpark project.

     (j)(b) In furtherance of building an energy efficient and sustainable ballpark, projects, the

general assembly encourages the use of financing programs available through the Rhode Island

infrastructure bank established pursuant to chapter 12.2 of title 46, including, to the extent

practicable, the state revolving funds and the efficient buildings fund, which provide low-cost

financing for eligible renewable and energy efficiency, stormwater abatement, water

conservation, and other sustainable infrastructure projects.


 

 

 

449)

Section

Amend Chapter Numbers:

 

46-12.2-2

216 and 257

 

 

46-12.2-2. Definitions.

     As used in this chapter, unless the context clearly indicates otherwise, the following

words and phrases shall have the following meanings:

     (1) "Agency" means the Rhode Island clean water finance agency, and, effective

September 1, 2015, and thereafter, shall mean the Rhode Island infrastructure bank;

     (2) "Approved project" means any project or portion thereof that has been issued a

certificate of approval by the department for financial assistance from the agency, and also

includes any project approved for financial assistance from the agency in accordance with state

law, and, furthermore, shall include water pollution abatement projects funded outside of the

water pollution control revolving fund, the Rhode Island water pollution control revolving fund,

or the local interest subsidy trust fund, without the requirement of the issuance of a certificate of

approval; and, furthermore, shall include resiliency related infrastructure projects, and projects

which may, subject to compliance with all state and federal requirements, include state and

federal infrastructure located within the state of Rhode Island;

     (3) "Board" means board of directors of the agency;

     (4) "Bond act" means any general or special law authorizing a local governmental unit to

incur indebtedness for all or any part of the cost of projects coming within the scope of a water

pollution abatement project, or for other projects related to this chapter, including but not limited

to, � 45-12-2;

     (5) "Bonds" means bonds, notes, or other evidence of indebtedness of the agency;

     (6) "Certificate of approval" means the certificate of approval contemplated by � 46-12.2-

8;

     (7) "Chief executive officer" means the mayor in any city, the president of the town

council in any town, and the executive director of any authority or commission, unless some other

officer or body is designated to perform the functions of a chief executive officer under any bond

act or under the provisions of a local charter or other law;

     (8) "Clean Water Act" or "act" means the Federal Water Pollution Control Act, act of

June 30, 1948, ch. 758, as added Oct. 18, 1972, Pub. L. No. 92-500, 86 Stat. 896, as added Dec.

27, 1977, Pub. L. No. 95-217, 91 Stat. 1566 (codified at 33 U.S.C. � 1251 et seq., as amended and

as hereafter amended from time to time);

     (9) "Corporation" means any corporate person, including, but not limited to: corporations,

societies, associations, limited liability companies, partnerships, and sole proprietorships;

     (10) "Cost" as applied to any approved project, means any or all costs, whenever

incurred, approved by the agency in accordance with � 46-12.2-8, of planning, designing,

acquiring, constructing, and carrying out and placing the project in operation, including, without

limiting the generality of the foregoing, amounts for the following: planning, design, acquisition,

construction, expansion, improvement, and rehabilitation of facilities; acquisition of real or

personal property; demolitions and relocations; labor, materials, machinery, and equipment;

services of architects, engineers, and environmental and financial experts and other consultants;

feasibility studies, plans, specifications, and surveys; interest prior to and during the carrying out

of any project and for a reasonable period thereafter; reserves for debt service or other capital or

current expenses; costs of issuance of local governmental obligations or non-governmental

obligations issued to finance the obligations including, without limitation, fees, charges, and

expenses and costs of the agency relating to the loan evidenced thereby, fees of trustees and other

depositories, legal and auditing fees, premiums and fees for insurance, letters or lines of credit or

other credit facilities securing local governmental obligations or non-governmental obligations

and other costs, fees, and charges in connection with the foregoing; and working capital,

administrative expenses, legal expenses, and other expenses necessary or incidental to the

aforesaid, to the financing of a project, and to the issuance therefor of local government

obligations under the provisions of this chapter;

     (11) "Department" means the department of environmental management;

     (12) "Financial assistance" means any form of financial assistance provided by the

agency to a local governmental unit, person, or corporation in accordance with this chapter for all

or any part of the cost of an approved project, including, without limitation: grants, temporary and

permanent loans, with or without interest, guarantees, insurance, subsidies for the payment of

debt service on loans, lines of credit, and similar forms of financial assistance; provided,

however, notwithstanding the foregoing, for purposes of capitalization grant awards made

available to the agency, pursuant to the American Recovery and Reinvestment Act of 2009 (P.L.

111-5), or as otherwise required in connection with other capitalization grant awards made

available to the agency, financial assistance shall also include principal forgiveness and negative

interest loans;

     (13) "Fully marketable form" means a local governmental obligation in form satisfactory

to the agency duly executed and accompanied by an opinion of counsel of recognized standing in

the field of municipal law whose opinions have been and are accepted by purchasers of like

obligations to the effect that the obligation is a valid and binding obligation of the local

governmental unit issuing the obligation, enforceable in accordance with its terms;

     (14) "General revenues,", when used with reference to a local governmental unit, means

revenues, receipts, assessments, and other moneys of the local governmental unit received from

or on account of the exercise of its powers and all rights to receive the same, including without

limitation:

     (i) Taxes;

     (ii) Wastewater system revenues;

     (iii) Assessments upon or payments received from any other local governmental unit that

is a member or service recipient of the local governmental unit, whether by law, contract, or

otherwise;

     (iv) Proceeds of local governmental obligations and loans and grants received by the

local governmental unit in accordance with this chapter;

     (v) Investment earnings;

     (vi) Reserves for debt service or other capital or current expenses;

     (vii) Receipts from any tax, excise, or fee heretofore or hereafter imposed by any general

or special law all or a part of the receipts of which are payable or distributable to or for the

account of the local governmental unit;

     (viii) Local aid distributions; and

     (ix) Receipts, distributions, reimbursements, and other assistance received by or for the

account of the local governmental unit from the United States or any agency, department, or

instrumentality thereof;

     (15) "Loan" means a loan by the agency to a local governmental unit, or person, or

corporation for costs of an approved project, including, without limitation, temporary and

permanent loans, and lines of credit;

     (16) "Loan agreement" means any agreement entered into by the agency with a local

governmental unit, person, or corporation pertaining to a loan, other financial assistance, local

governmental obligations, or non-governmental obligations, including, without limitation: a loan

agreement, trust agreement, security agreement, reimbursement agreement, guarantee agreement,

financing lease agreement, appropriation agreement, or similar instrument;

     (17) "Local aid distributions" means receipts, distributions, reimbursements, and other

assistance payable by the state to or for the account of a local governmental unit, except such

receipts, distributions, reimbursements, and other assistance restricted by law to specific

statutorily defined purposes;

     (18) "Local governmental obligations" means bonds, notes, financing lease obligations,

appropriation obligations, and other evidences of indebtedness in fully marketable form issued by

a local governmental unit to evidence a loan or other financial assistance, from the agency in

accordance with this chapter or otherwise as provided herein;

     (19) "Local governmental unit" means any town, city, district, commission, agency,

authority, board, bodies politic and corporate, public corporation, or other political subdivision or

instrumentality of the state or of any political subdivision thereof, including the Narragansett Bay

commission; and, for purposes of dam safety or dam maintenance projects, any person seeking

financial assistance as a joint applicant with any of the above entities;

     (20) "Local interest subsidy trust fund" means the local interest subsidy trust fund

established under � 46-12.2-6;

     (21) "Non-governmental obligations" means bonds, notes, or other evidences of

indebtedness in fully marketable form issued by a person or corporation to evidence a loan, or

other financial assistance, from the agency in accordance with this chapter or otherwise as

provided herein;

     (22) "Person" means any natural person;

     (23) "Priority determination system" means the system by which water pollution

abatement projects are rated on the basis of environmental benefit and other criteria for funding

assistance pursuant to rules and regulations promulgated by the department as they may be

amended from time to time;

     (24) "Projected energy efficiency savings" means, at the time a loan agreement is entered

into between the agency and a local governmental unit, the savings projected to be derived from

the implementation of energy efficient and renewable-energy upgrades to public buildings, as

determined in accordance with the rules and regulations promulgated by the Rhode Island

infrastructure bank pursuant to this chapter;

     (25) "Qualified energy conservation bond" or "QECB" means those bonds designated by

26 U.S.C. � 54D;

     (26) "Revenues,", when used with reference to the agency, means any receipts, fees,

payments, moneys, revenues, or other payments received or to be received by the agency in the

exercise of its corporate powers under this chapter, including, without limitation: loan

repayments, payments on local governmental obligations, non-governmental obligations, grants,

aid, appropriations, and other assistance from the state, the United States, or any agency,

department, or instrumentality of either or of a political subdivision thereof, bond proceeds,

investment earnings, insurance proceeds, amounts in reserves, and other funds and accounts

established by or pursuant to this chapter or in connection with the issuance of bonds, including,

without limitation, the water pollution control revolving fund, the Rhode Island water pollution

control revolving fund, and the local interest subsidy fund, and any other fees, charges or other

income received or receivable by the agency;

     (27) "Rhode Island water pollution control revolving fund" means the Rhode Island water

pollution control revolving fund established pursuant to � 46-12.2-6;

     (28) "Trust agreement" means a trust agreement, loan agreement, security agreement,

reimbursement agreement, currency or interest rate exchange agreement, or other security

instrument, and a resolution, loan order, or other vote authorizing, securing, or otherwise

providing for the issue of bonds, loans, or local governmental obligations or non-governmental

obligations;

     (29) "Wastewater system revenues" means all rates, rents, fee assessments, charges, and

other receipts derived or to be derived by a local governmental unit from wastewater collection

and treatment facilities and water pollution abatement projects under its ownership or control, or

from the services provided thereby, including, without limitation: proceeds of grants, gifts,

appropriations, and loans, including the proceeds of loans or grants awarded by the agency or the

department in accordance with this chapter, investment earnings, reserves for capital and current

expenses, proceeds of insurance or condemnation, and the sale or other disposition of property;

wastewater system revenues may also include rates, rents, fees, charges, and other receipts

derived by the local governmental unit from any water supply of distribution facilities or other

revenue producing facilities under its ownership or control; wastewater system revenues shall not

include any ad valorem taxes levied directly by the local governmental unit on any real and

personal property;

     (30) "Water pollution abatement project" or "project" means any project eligible pursuant

to Title VI of the Clean Water Act including, but not limited to, a wastewater treatment or

conveyance project that contributes to removal, curtailment, or mitigation of pollution of the

surface water of the state, and conforms with any applicable comprehensive land use plan which

has been adopted or any dam safety, removal or maintenance project; it also means a project to

enhance the waters of the state, which the agency has been authorized by statute to participate in;

it also means any other project to which the agency has been authorized to provide financial

assistance;

     (31) "Water pollution control revolving fund" means the water pollution control

revolving fund contemplated by title VI of the Water Quality Act and established under � 46-

12.2-6;

     (32) "Water Quality Act" means the Water Quality Act of 1987, Pub. L. No. 100-4, 101

Stat. 7, 33 U.S.C. � 1251 et seq., as amended from time to time.


 

 

 

450)

Section

Repeal Chapter Numbers:

 

46-23-17

191 and 244

 

 

46-23-17. [Repealed]