2021 Annual Report

 

 

 

1)

Section

Amended Chapter Numbers:

 

1-2-1.1

32 and 36

 

 

1-2-1.1. Powers relating to vehicular traffic accessing airport facilities -- Rhode Island

T.F. Green International Airport.

     (a) (1) The Rhode Island airport corporation is authorized:

     (i) To impose charges on customers of rental companies, as defined in § 31-34.1-1, who

directly or indirectly use Warwick Station or the T.F. Green state airport Rhode Island T.F. Green

International Airport, at the rates that the Rhode Island airport corporation may deem necessary to

provide adequate revenue to pay all costs of constructing, reconstructing, expanding, reconfiguring,

operating, and maintaining Warwick Station regardless of whether those charges may have an

anticompetitive effect; and

     (ii) To regulate the access of vehicular traffic to airport properties including by excluding

one or more classes of vehicular traffic from accessing portions of airport roadways, parking lots,

curbsides, and other vehicular facilities.

     (2) Nothing in this section shall be construed to limit the authority of Rhode Island airport

corporation to impose other fees, charges, rates, or rentals including any other fees, charges, rates,

or rentals imposed on rental companies or to adopt other regulations.

     (b) All customer facility charges collected under the authority of paragraph subsection

(a)(1)(i) of this section and all customer facility charges collected by any rental company from

customers under color of those provisions, or pursuant to regulations adopted by the airport

corporation, constitute a trust fund for the airport corporation until paid. That trust is enforceable

against: (1) the The rental company; (2) any Any officer, agent, servant, or employee of any rental

company responsible for either the collection or payment, or both, of the customer facility charge;

(3) any Any person receiving any part of the fund without consideration, or knowing that the rental

company or any officer, agent, servant, or employee of any rental company is committing a breach

of trust; and (4) the The estates, heirs, and representatives of persons or entities described in

subdivisions (1) -- (3) of this subsection subsections (b)(1)-(b)(3); provided, that a customer to

whom a refund has been properly made, or any person who receives payment of a lawful obligation

of the rental company from that fund, is presumed to have received that amount in good faith and

without any knowledge of the breach of trust.

     (c) If the airport corporation or any officer of the corporation believes that the payment to

the airport corporation of the trust fund established under subsection (b) of this section will be

jeopardized by delay, neglect, or misappropriation, the airport corporation or officer shall notify

the rental company that the trust fund shall be segregated, and kept separate and apart from all other

funds and assets of the rental company and shall not be commingled with any other funds or assets.

The notice shall be given by either hand delivery or by registered mail, return receipt requested.

Within four (4) days after the sending of the notice, all of the customer facility charges which

thereafter either become collectible or are collected shall be deposited daily in any financial

institution in the state as defined in title 19 and those customer facility charges designated as a

special fund in trust for the airport corporation and payable to the airport corporation by the rental

company as trustee of that fund.

     (d) The penalty for misappropriations provided by § 44-19-37 shall apply as though that

section referred to "customer facility charge" in each place where it refers to "tax".

     (e) The provisions of subsections (b), (c), and (d) of this section are not exclusive, and are

in addition to all other remedies which the airport corporation may employ in the enforcement and

collection of customer facility charges.

 

 

 

 

2)

Section

Amended Chapter Numbers:

 

1-2-3

349 and 350

 

 

1-2-3. Acquisition of land.

     (a) The department of transportation may, with the approval of the governor, and subject

to the provisions of chapter 6 of title 37, acquire, by purchase or condemnation, any land or any

estate or interest in land, including airspace within this state that it may deem necessary for a

suitable airport or landing field, or to preserve, maintain, or restore an approach, but in no event

shall the department obligate the state in excess of the sums appropriated for that purpose. No land

or estate in this state owned and used by any railroad company shall be taken by condemnation

under this chapter until after a hearing before the public utilities administrator of this state and until

the consent of the public utilities administrator to the taking is given.

     (b) No airport, landing field, or any runway or approach zone shall be enlarged or extended

in any city or town unless the assistant director for airports, or his or her successor or other person

or officer exercising his or her functions, filed in the office of the city or town clerk of the city or

town in which the expansion is proposed a plan drawn to scale showing the existing airport and

runways, which must have been included in the federal aviation administration approved master

plan documents; the planned extensions or lengthening of the existing runways; any and all public

highways crossed by the extensions; and lots and parcels of land within a one-mile distance of the

proposed extensions; together with a delineation of any approach zone required by the extension

and an identification of every parcel of land that requiring requires a taking in order to accomplish

the extension together with a brief statement describing the work to be undertaken in extending the

runway. The plan and statement shall be filed at least twelve (12) months before any physical

construction work begins on any extension of runway or airport expansion.

     (c) The assistant director for airports shall also, at the time plans are filed with the clerk,

file a notice in a newspaper having general circulation in the city and town setting forth that the

plan has been filed in the office of the city or town clerk and giving notice to the residents of the

city or town of the proposed runway extension or airport expansion.

     (d) The plan and statement shall be open to public inspection in the office of the city or

town. A public hearing shall be held in the city or town at least six (6) months prior to any

construction on the proposed runway or airport expansion by the assistant director at the time and

place in the city or town set forth in the notice referred to in subsection (c).

     (e) The governor has the authority in any emergency declared by him or her to authorize

the enlargement or extension of any runway notwithstanding any other provision of this chapter.

 

 

 

 

 

 

 

 

 

 

 

3)

Section

Amended Chapter Numbers:

 

1-2-3.1

349 and 350

 

 

1-2-3.1.  Airport, landing field, runway, and approach defined.

     As used in this chapter:

     (1) "Airport" or "landing field" means any area of land designed and set aside for the

approach, landing, and taking off of aircraft and utilized or to be utilized in the interest of the public

for those purposes. An airport is publicly owned if the portion used for the landing and taking off

of aircraft is owned, operated, controlled, leased to or leased by the United States, or any agency

or department of the United States, this state or any other state or any municipality or other political

subdivision of this state, or any other state, or any other governmental body, public agency, or other

public corporation.

     (2) "Approach,” “approach zone,” “ approaches" means any airport land, airspace, and surfaces

as set forth by the Federal Aviation Administration and Code of Federal Regulations in Title 14

Code of Federal Regulations Part 77- Safe, Efficient Use, and Preservation of the Navigable

Airspace.

     (2)(3) "Runway" means that portion of an airport or landing field designed or set aside for

use by aircraft in landing, taking off, or taxiing or moving of aircraft on the ground. A runway shall

be construed to include any projection or extension for use as an approach zone, and approaches as

set forth in § 1-3-7.

 

 

 

 

4)

Section

Amended Chapter Numbers:

 

1-2-7

32 and  36

 

 

1-2-7. Leases, concessions, and licenses.

     (a) The department of transportation may lease any portion of any airport or landing field

owned or operated by the state or any of the buildings or structures erected on any airport or landing

field and grant concessions upon portions of any airport or landing field owned or operated by the

state for a period not exceeding five (5) years, with or without renewal options for a like period, in

the manner prescribed by § 37-7-9. Where a substantial building, renovation, improvement, or

addition to an existing building is to be constructed for any airport or aeronautical service, activity,

purpose, or function or any allied service, activity, purpose, or function, the department may lease

in the manner provided in § 37-7-9 any portion of any airport or landing field owned or operated

by the state for a period not exceeding thirty (30) years.

     (b) In all department leases, concessions, licenses, and in all landing fee schedules imposed

by the department, provisions shall be included requiring a graduated scale of payments designed

to encourage take-offs and landings between the hours of 6:30 a.m. and midnight (12:00 a.m.). Any

landings occurring after midnight (12:00 a.m.) and before 6:30 a.m. because of conditions beyond

the control of the airlines and/or aircraft operator are not subject to any additional landing fees.

     (c) The department shall include a provision in all leases, licenses, and concessions

requiring aircraft landing at Theodore Francis Green State Airport Rhode Island T.F. Green

International Airport:

     (1) To be equipped with noise and emission abatement devices as required by federal law

or regulation in effect on July 1, 1985; and

     (2) By January 1, 1989, to be equipped with noise and emission abatement devices as

contained in federal aviation regulation, part 36, noise standards: aircraft type and airworthiness

certification scheduled to take effect on January 1, 1989.

 

 

 

 

5)

Section

Amended Chapter Numbers:

 

1-2-16

32 and 36

 

 

1-2-16. Noise and emissions directives.

     The director is directed to issue operating procedures and directives requiring that aircraft

utilizing Theodore Francis Green State Airport Rhode Island T.F. Green International Airport, to

the greatest extent possible, commensurate with passenger safety and federal law and regulation,

minimize the use of reverse engine thrust employed to slow an aircraft as it lands.

 

 

 

6)

Section

Amended Chapter Numbers:

 

1-2-17

32 and 36

 

 

1-2-17. Payment for compensation for municipal services to the city of Warwick.

     The Rhode Island airport corporation, from a parking surcharge at the T.F. Green state

airport Rhode Island T.F. Green International Airport as defined by a 1988 agreement between the

state acting by and through the director of transportation and the city of Warwick, shall pay to the

city of Warwick out of the parking revenue received at T.F. Green state airport Rhode Island T.F.

Green International Airport as compensation for municipal services provided at T.F. Green state

airport Rhode Island T.F. Green International Airport a sum of not less than two hundred seventy-

five thousand dollars ($275,000) for fiscal year 1994 payable quarterly; for each fiscal year after

1994, this sum may be reviewed and/or renegotiated, or both, by the mayor of the city of Warwick

and the airport corporation, but in no event will the sum be less than five hundred thousand dollars

($500,000) in any fiscal year beginning after 1993 and before 2005, or less than seven hundred fifty

thousand dollars ($750,000) in any fiscal year beginning after 2004, provided any payments

provided or any portion of these payments is not disapproved by the F.A.A. In the event that the

FAA disapproves this payment from the airport corporation, the state shall pay to the city of

Warwick the sums of money required to insure that the city of Warwick receives five hundred

thousand dollars ($500,000).

 

 

 

7)

Section

Amended Chapter Numbers:

 

1-2-17.2

32 and 36

 

 

1-2-17.2  Municipal services at Rhode Island T.F. Green International Airport.

     (a) The municipal services to be provided to the T.F. Green airport Rhode Island T.F. Green

International Airport as referenced in § 1-2-17 shall include, but not be limited to:

     (1) Providing primary response and command for all structure fire alarms on the airport

corporation property outside the airfield, and E-911 reporting system calls for extrications,

industrial accidents, motor vehicle accidents, confined-space incidents, hazardous-material

incidents and spills outside the airfield, and secondary response to airfield incidents on Rhode

Island airport corporation property;

     (2) Responding to and providing treatment and transportation for all emergency medical

service calls on Rhode Island airport corporation property; and

     (3) Maintaining a mutual aid agreement to respond to any potential catastrophe or

emergency resulting from airport operations.

     (b) Nothing in this section shall be construed to limit the jurisdiction of the state police in

connection with response to or command of any emergency incident on the airport corporation

property.

 

 

 

 

8)

Section

Amended Chapter Numbers:

 

1-2-18

32 and 36

 

 

1-2-18. Parking fees in support of satellite airports

.

     (a) Moneys due and payable to the state from any increase in parking fees at the T.F. Green

state airport Rhode Island T.F. Green International Airport, beyond those in effect May 1, 1991,

shall be deposited in a restricted-receipt account entitled "parking fees in support of airports".

     (b) The receipts annually transferred to the account in support of the operations of airports

shall not exceed the amount approved by the general assembly. Revenues in excess of the amount

approved by the general assembly for expenditures shall be recorded as general revenue of the state

and transferred to the general fund.

 

 

 

9)

Section

Amended Chapter Numbers:

 

1-2-21

32 and 36

 

 

1-2-21. Payment for compensation for municipal services to state airports.

     (a) The Rhode Island airport corporation shall, subject to the approval of the Federal

Aviation Administration, reimburse any municipality for the cost of municipal services provided

by the municipality at any airport constructed or operated by the state upon receipt of appropriate

documentation from the municipality in accordance with the requirements of the Federal Aviation

Administration's Policy and Procedures Concerning the Use of Airport Revenue, Section V

(Permitted Uses of Airport Revenue). D. Standard of Documentation for the Reimbursement to

Government Entities of Costs of Services and Contributions Provided to Airports 64 Fed. Reg.

7996.7719 (1999).

     (b) This section shall not apply to the city of Warwick or T.F. Green state airport Rhode

Island T.F. Green International Airport.

     (c) The municipal services to be provided to the airports as referenced in subsection (a)

shall include, but not be limited to:

     (1) Providing primary response and command for all structure fire alarms on the airport

corporation property outside the airfield and E-911 reporting system calls for extrications, industrial

accidents, motor vehicle accidents, confined-spaced incidents, hazardous-material incidents and

spills outside the airfield, and secondary response to airfield incidents on Rhode Island airport

corporation property;

     (2) Responding to and providing treatment and transportation for all emergency medical

service calls on Rhode Island airport corporation property; and

     (3) Maintaining a mutual aid agreement to respond to any potential catastrophe or

emergency resulting from airport operations.

     (d) Nothing in this section shall be construed to limit the jurisdiction of the state police in

connection with response to, or command of, any emergency incident on the airport corporation

property.

 

 

 

10)

Section

Added Chapter Numbers:

 

1-2-22

32 and 36

 

 

1-2-22. Rhode Island T.F. Green International Airport.

     The state airport located in the city of Warwick known as Theodore Francis Green state

airport or T.F. Green state airport, shall hereafter be officially named and known as "Rhode Island

T.F. Green International Airport".

 

 

 

11)

Section

Amended Chapter Numbers:

 

1-3-2

349 and 350

 

 

1-3-2. Definitions.

     As used in this chapter, unless the context otherwise requires:

     (1) "Airport" means any area of land or water, or both, designed and set aside for the

approach, landing, and taking off of aircraft and utilized or to be utilized in the interest of the public

for those purposes. An airport is "publicly owned" if the portion used for the landing and taking off

of aircraft is owned, operated, controlled, leased to or leased by the United States, or any agency

or department of the United States, this state, or any other state, or any municipality or other

political subdivision of this state, or any other state, or any other governmental body, public agency,

or other public corporation.

     (2) "Airport corporation" means the Rhode Island airport corporation.

     (3) "Airport hazard" means any electronic transmission device or structure, which that, as

determined by the federal aviation administration, interferes with radio communication between

airport and aircraft approaching or leaving the airport, or any structure or tree or use of land which

that obstructs the airspace required for the flight of aircraft in landing or taking off at any airport

or is otherwise hazardous to the landing or taking off of aircraft.

     (4) "Airport hazard area" means any area of land or water upon which an airport hazard

might be established if not prevented as provided in this chapter.

     (5) "Obstruction" means any tangible, inanimate physical object, natural or artificial,

protruding above the surface of the ground.

     (6) "Person" means any individual, firm, co-partnership, corporation, company,

association, joint stock association, or body politic, and includes any trustee, receiver, assignee or

other similar representative.

     (7) "Political subdivision" means any city or town or any other public corporation, authority

or district, department, or any combination of two (2) or more, which is currently empowered to

adopt, administer and enforce municipal zoning regulations or to purchase or condemn pursuant to

§ 1-2-3.

     (8) "Structure" means any object constructed or installed by humans, including, but without

limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or

other structures supporting the object.

     (9) "Tree" means any object of natural growth.

 

 

 

12)

Section

Amended Chapter Numbers:

 

1-3-4

349 and 350

 

 

1-3-4. Airport approach plans.

     The airport corporation shall formulate, adopt, and revise, when necessary for planning, an

airport airspace plan for each publicly owned airport in the state. Each plan shall indicate the

circumstances under which structures and trees are, or would be, airport hazards; the area within

which measures for the protection of the airport's navigable airspace, including aerial approaches,

should be taken; and what the height limits and other objectives of those measures should be. In

adopting or revising any airspace plan, the airport corporation shall consider, among other things,

the character of flying operations expected to be conducted at the airport; the traffic pattern and

regulations affecting flying operations at the airport; the nature of the terrain; the height of existing

structures and trees above the level of the airport; and the possibility of lowering or removing

existing obstructions. The airport corporation may obtain and consider the views of the agency of

the federal government charged with the fostering of civil aeronautics as to the aerial approaches

and other regulated airspace necessary to safe flying operations at the airport.

 

 

 

 

13)

Section

Amended Chapter Numbers:

 

1-5-1

32 and 36

 

 

1-5-1. Establishment and installation of aircraft operations monitoring system.

     (a) The Rhode Island airport corporation is authorized and directed to coordinate with the

federal aviation administration to complete a memorandum of agreement between the Rhode Island

airport corporation and the federal aviation administration (FAA) to provide for the continuing

acquisition of air traffic control radar records related to the operation of civil aircraft at T.F. Green

airport Rhode Island T.F. Green International Airport.

     (b) The Rhode Island airport corporation is authorized and directed to install an aircraft

operations monitoring system (AOMS) which that shall be capable of providing detailed and

summary information related to the operation of aircraft at and in the vicinity of T.F. Green airport

Rhode Island T.F. Green International Airport. The AOMS shall be capable of plotting and

displaying over area mapping the ground-projected flight tracks and related altitudes of aircraft

which that use the airport. The system shall be capable of displaying flight tracks of individually

identified aircraft based on time and location of operation. The system shall have the capability to

produce data files in both digital and hard copy format.

     (c) The AOMS shall further be capable of producing summary reports which that shall, at

a minimum:

     (1) Relate aircraft location data derived from air traffic control radar with individual

activity events, based on time and location within the airport environs;

     (2) Produce summary reports which that disclose the use of runways by type of operation

(landings or takeoffs), time of day, aircraft user group, and any other groupings which that may

from time to time become desirable at the option of the system user; and

     (3) Disclose the activity levels by aircraft types, including, but not limited to, operations

by Part 36 stage, operations by jet and propeller-powered aircraft, by air carrier or private operators,

all presented by periods of time selected by the system operator.

     (d) The AOMS reports shall be capable of expansion to provide additional data relating to

flight track or corridor utilization, air traffic fix usage, and other information which that may

become desirable as a result of noise abatement and land use compatibility planning.

     (e) The AOMS shall be procured and in effect by June 30, 1999. Provided, that if the Rhode

Island airport corporation is unable to complete a memorandum of agreement with the FAA as

provided for in subsection (a) of this section by June 30, 1999, and the inability is not due to inaction

by the corporation, then the director of the corporation may request the general assembly to extend

the June 30, 1999 date as appropriate.

 

 

 

 

14)

Section

Amended Chapter Numbers:

 

1-5-2

32 and 36

 

 

1-5-2. Copies of reports to government entities.

     The Rhode Island airport corporation will prepare a report on a quarterly basis pertaining

to the volume and quantity and flight track of air traffic at the T.F. Green airport Rhode Island T.F.

Green International Airport in the city of Warwick, occurring during each quarter being reported

on. These reports shall be submitted on a quarterly basis in each and every calendar year to: the

office of the governor; the office of the president of the senate; the office of the senate minority

leader; the office of the speaker of the house; the office of the house minority leader; and the Rhode

Island department of environmental management and the mayors of the cities of Warwick and

Cranston.

     The report will include the total number of aircraft landings and departures, by aircraft type

and time of day; an analysis of the amount of total usage of the runways during the reporting period;

actual deviation from approved Part 150 departure and arrival flight paths by percent, runway,

airline and time; and other information as may be desirable to ensure compliance with approved

noise abatement and land use compatibility plans.

 

 

 

 

15)

Section

Amended Chapter Numbers:

 

1-6-1

32 and 36

 

 

1-6-1. Definitions.

     As used in this chapter:

     (1) "Administrator" means the state tax administrator.

     (2) "District" means the Warwick airport parking district, being the district that runs from

a point on Main Avenue in the city of Warwick at the southerly boundary of T.F. Green state airport

Rhode Island T.F. Green International Airport, and westerly along Main Avenue to a point one-

third (1/3) mile west of the intersection of Main Avenue with Post Road; turning thence northerly

running along a line parallel to and one-third (1/3) mile west of Post Road to a point one mile north

of the line of Airport Road; thence turning east running along a line parallel to and one-third (1/3)

mile north of the line of Airport Road to Warwick Avenue; thence turning south along Warwick

Avenue to Airport Road; thence turning west along Airport Road to the boundary of T.F. Green

state airport Rhode Island T.F. Green International Airport; thence running southerly along the

boundary of T.F. Green state airport Rhode Island T.F. Green International Airport to the point of

beginning. If any parking facility (including entrances, driveways, or private access roads) is

constructed partly within the district as so defined, the entire facility shall be treated as though

within the district.

     (3) "Operator" means any person providing transient parking within the district.

     (4) "Permit fee" means the fee payable annually by an operator to the tax administrator in

an amount equal to ten dollars ($10.00) for each space made, or to be made, available by the

operator for transient parking during the period of a permit's effectiveness, but not more than two

hundred fifty dollars ($250) for each permit.

     (5) "Transient parking" means any parking for motor vehicles at a lot, garage, or other

parking facility within the district for which a fee is collected by the operator, but excludes:

     (i) Parking for which the fee is charged and paid on a monthly or less frequent basis;

     (ii) Parking for any employee of the operator of the facility;

     (iii) Parking provided by any hotel or motel for registered guests;

     (iv) Parking provided by validation or having a validated rate, where the person providing

the validation does not maintain a place of business at T.F. Green state airport Rhode Island T.F.

Green International Airport.

     (6) "Transient parking receipts" means the gross receipts collected by an operator

(excluding the surcharge imposed by this chapter) in consideration of the provision of transient

parking.

 

 

 

 

16)

Section

Amended Chapter Numbers:

 

1-7-1

32 and 36

 

 

1-7-1. Long-term air-quality-monitoring program.

     (a) The Rhode Island airport corporation (RIAC) shall design, acquire, install, operate, and

maintain a long-term air-quality-monitoring program in the vicinity of T.F. Green airport. Rhode

Island T.F. Green International Airport The corporation may hire a consultant to perform these

tasks.

     (b) The monitoring program shall provide for the monitoring of all of the following:

     (1) Particulate matter, including only particles less than 0.1 microns, and black carbon.

     (2) [Deleted by P.L. 2017, ch. 220, § 1 and P.L. 2017, ch. 320, § 1].

     (3) [Deleted by P.L. 2017, ch. 220, § 1 and P.L. 2017, ch. 320, § 1].

     (c) (1) The design of the monitoring program shall:

     (i) Include an implementation schedule for the components of the monitoring program set

forth in subsection (b); and

     (ii) Assure the quality and meaningfulness of the monitoring data; and

     (iii) Be set forth in a draft work plan developed, in consultation with the department of

environmental management and the department of health.

     (2) The consultation with the department of environmental management and the

department of health shall include, but not be limited to:

     (i) Ensuring that peer review is employed in the development of an air-quality-monitoring

strategy;

     (ii) Providing the corporation with unbiased reviews of current, validated scientific

knowledge relevant to air-quality monitoring and public health impacts;

     (iii) Assisting with the review of work plans and reports;

     (iv) Evaluating and comparing the corporation's proposed methodologies, quality-

assurance procedures and monitoring criteria, with other relevant monitoring efforts mandated by

either state or federal law in order to ensure consistency and comparability among the

methodologies and criteria.

     (d) The draft work plan and the final work plan shall describe and justify with reasonable

specificity all significant aspects of the monitoring program, including, but not limited to: quality

assurance procedures and a description and justification of the number, type, and location of the

ambient air-quality monitors to be installed as part of the long-term monitoring program. The

ambient air-quality monitors shall be set up in a network that shall include at least four (4)

monitoring sites and shall be designed to measure air-quality impacts from airport operations,

including those associated with planes operating on the extended runway and on neighborhoods

adjacent to the airport facility, as well as at the Winslow Park playing fields.

     (e) Notwithstanding the consultation requirement, the draft work plan shall be submitted

to the department of environmental management and the department of health within thirty (30)

days of the effective date of this section for review and comment, pursuant to chapter 35 of title 42.

The departments shall provide comments within thirty (30) days of receipt of the draft work plan.

Following the departments' review and comment period, the draft work plan shall be made available

for review and comment by members of the general public, and the air-quality-monitoring public

advisory committee, established by this chapter, pursuant to chapter 35 of title 42. Adoption of the

final work plan by the corporation shall be in accordance with chapter 35 of title 42. The final work

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

president of the senate by the corporation no later than October 30, 2007.

     (f) The final work plan and all revised final work plans shall include a reasonable

evaluation of funding sources, such as federal grants, that may be available to the corporation to

cover some or all of the costs of the air-quality monitoring.

     (g) Amendments to the final work plan may be proposed by the corporation in consultation

with the department of environmental management and the department of health on or before

March 30, 2009, and every March 30, thereafter. Amendments to the final work plan may also be

proposed by the department of environmental management, the department of health, and/or the

air-quality-monitoring public advisory committee on or before January 31, 2009, and every January

31, thereafter. Any proposed amendments to the final work plan shall be available for review and

comment by members of the general public, and the air-quality-monitoring public advisory

committee established by this chapter, pursuant to chapter 35 of title 42. The purposes of proposed

amendments to the final work plan are: (1) To allow the corporation, in consultation with the

department of environmental management and the department of health, to consider any

adaptations that may be indicated by the data collected from the previous year, including whether

new monitoring technologies, methodologies, or criteria are necessary; and (2) To make necessary

adjustments to the program based on changes to state and/or federal regulations, or both. Any

proposed amendments to the final work plan shall be incorporated into a "revised [as of this date]

final work plan" document, upon approval of the corporation, and shall be submitted to the

governor, the speaker of the house of representatives, and the president of the senate by the

corporation no later than January 1 of each year.

     (h) Long-term air-quality monitors will be procured and in effect by December 30, 2007.

Interim monitoring shall be performed until such time as the long-term monitoring program is in

place, and the use of all data generated therefrom shall conform with the reporting requirements set

forth in § 1-7-6(b).

 

 

 

17)

Section

Amended Chapter Numbers:

 

1-7-2

32 and 36

 

 

1-7-2. Legislative findings.

     The general assembly hereby finds and declares as follows:

     (a) T.F. Green airport Rhode Island T.F. Green International Airport is located in a densely

populated, primarily residential area of the city of Warwick.

     (b) Many of the airport operations and activities result in emissions of a number of air

pollutants, which that may be harmful to public health.

     (c) Emissions of concern include, but are not limited to, those associated with "take-off"

and "landing" activities of aircraft and emissions associated with the use of diesel engine ground

support equipment.

     (d) A long-term air-quality monitoring program is necessary to collect the data needed to

evaluate the impact of the airport emissions on air quality and public health.

 

 

 

18)

Section

Amended Chapter Numbers:

 

1-7-9

225 and 326

 

 

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.

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

maintain the air monitoring system will cease on July 31, 2021 2023; provided, this sunset date

shall be dependent upon the corporation undertaking and completing the following actions prior to

July 31, 2021 2023:

     (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 Rhode Island T.F. Green International 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 2023, pursuant to § 1-7-6; and

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

forth in this chapter.

 

 

 

 

19)

Section

Added Chapter Numbers:

 

2-27

200 and 201

 

 

CHAPTER 2-27

FOREST CONSERVATION ACT

 

 

 

 

20)

Section

Added Chapter Numbers:

 

2-27-1

200 and 201

 

 

2-27-1. Statement of legislative purpose.

     (a) The general assembly recognizes that forest land in the state has many important values,

including, but not limited to,: clean air, clean water, economic importance, climate change

mitigation, habitat, and supporting human health and well-being. Forest land should be maintained

to meet Rhode Island’s aggressive climate change goals through carbon sequestration and storage.

Core forest land and connecting natural areas should be conserved to prevent ongoing

fragmentation of the state’s forests. Moreover, forest conservation is necessary to protect and

maintain water quality and important wildlife habitat. It is in the best interest of the people that the

state identify and acquire the development rights to core and unfragmented forests so as to maintain

these important forest values for future generations. Moreover, the state must develop incentives to

encourage private forest land owners to maintain forests and to enhance urban and community

forestry ecosystems that provide collective benefits to people and wildlife, including filter filtering

air and water, control controlling storm water, conserve conserving energy, and a myriad of

additional critical benefits.

     (b) The general assembly finds that forest land is being converted to other uses because its

current development value far exceeds its economic value to individual private landowners as

forest; that forest land is an important part of the state's economy, environment, and quality of life;

and that forests provide important economic opportunities for many people living in the rural

portions of the state. Whereas most of the development value of forests accrue to the private

landowner, many of the economic benefits of retaining forests are also public benefits, some of

which are not often quantified. All of this serves to undervalue forests without proper mechanisms

and tools to account for public services and cost savings provided by private forests.

     (c) Therefore, the general assembly establishes a forest conservation commission to be

coordinated and staffed by the department of environmental management to implement the

following objectives:

     (1) Assess and recommend new funding sources to conserve forest land across the forest

continuum of rural to urban landscapes;

     (2) Identify incentives to encourage forest landowners to maintain and manage their land

and preserve forest values;

     (3) Encourage forest conservation as a means to sequester carbon and mitigate climate

change and maintain the numerous other benefits provided by forests;

     (4) Help to increase and create new markets for Rhode Island forest products to store

carbon long-term and create new jobs;

     (5) Assess impediments to the expansion of the Rhode Island forest products industry and

recommend changes to remove impediments;

     (6) Assess means to encourage the improvement and expansion of urban and community

forestry; and

     (7) Coordinate and seek input from key stakeholders to identify other science-based

initiatives to promote the conservation of Rhode Island forestland.

 

 

 

 

 

21)

Section

Added Chapter Numbers:

 

2-27-2

200 and 201

 

 

2-27-2. Definitions.

     As used in this chapter;

     (1) “Department” means the department of environmental management.

     (2) "Director" means the director of the department of environmental management, unless

otherwise specified.

     (3) "Forest-based business" means the inclusion of all the activities that go into harvesting

forest products and turning them into usable products. These businesses include foresters, loggers,

and truckers who manage, harvest, and transport raw materials and the companies that turn these

raw materials into usable products for purchase in a variety of markets.

     (4) "Forest conservation commission" or "commission" means the commission established

pursuant to § 2-27-3.

     (5) "Forest fragmentation" means the breaking of large, contiguous, forested areas into

smaller pieces of forest; typically, these pieces are separated by roads, utility corridors,

subdivisions, or other human development.

     (6) "Forest land" means any tract or contiguous tracts of land, ten (10) acres or larger

bearing a dense growth of trees, including any underbrush, and having either the quality of self-

perpetuation, or being dependent upon its development by the planting and replanting of trees in

stands of closely growing timber.

     (7) "Forest management" means the focus on managing vegetation, restoring ecosystems

and habitat, reducing hazards, and maintaining forest health for a desired outcome.

     (8) "Fund" means the forest land conservation fund established pursuant to § 2-27-6.

 

 

 

 

 

22)

Section

Adding Chapter Numbers:

 

2-27-3

200 and 201

 

 

2-27-3. Forest conservation commission.

     (a)(1) There is established the forest conservation commission consisting of the directors

of the department of environmental management and the department of administration, or their

respective designees; and nine (9) public members to be appointed by the director of the department

of environmental management. The public appointees shall include at least one member with

knowledge or experience in forestry,; one member with knowledge or experience with urban and

community forestry,; one member familiar with land use and community planning issues,; one

member active in land preservation,; one member representing forest landowners,; one member

representing an environmental organization,; one member with knowledge of forest habitat; and

one member representing a forest products business. No person shall be eligible for appointment

pursuant to this section unless he or she is a resident of this state.

     (2) The members shall serve for terms of five (5) years each; provided, however, that of

the members first appointed, one shall serve for one year, one shall serve for two (2) years, one

shall serve for three (3) years, one shall serve for four (4) years, and the remaining members shall

serve for five (5) years, from January first next succeeding their appointment, as the director shall

designate.

     (3) Any vacancy occurring otherwise than by expiration of term shall be filled in the same

manner as the original appointment.

     (4) Upon expiration of a member's term, that member shall continue as a member until that

member's successor is appointed and qualified. Any person serving a term shall be eligible for

appointment.

     (5) (b) No member, including ex officio members, shall receive compensation for the

performance of his or her duties as a member; provided, however, that each appointed member may

be reimbursed if funds are appropriated for his or her actual and necessary expenses incurred during

the performance of his or her official duties.

     (6) (c) (1) The commission shall designate annually from its members a chairperson and a

vice chairperson.

     (7) (2) Whenever public hearings are required under this chapter, or whenever the

commission determines a public hearing is appropriate, the commission shall use reasonable efforts

to hold those hearings at a place or places that will reasonably accommodate the interested parties.

     (8) (3) Seven (7) voting members of the commission shall constitute a quorum for the

transaction of any business or the exercise of any power of the commission. Except as otherwise

provided in this chapter, the commission shall have the power to act by a majority of the members

present at any meeting at which a quorum is in attendance.

     (9) (d) The director may remove any member for cause or misconduct in office after giving

him or her a copy of the charges against him or her and an opportunity to be heard, in person or by

counsel, in his or her defense, upon not less than ten (10) days’ notice. If any member shall be

removed, the director shall file in the office of the secretary of state a complete statement of charges

made against the member and his or her findings, together with a complete record of the

proceedings.

     (10) (e) The director shall have the authority to establish subcommittees to fulfill the

purposes of the commission. The subcommittee members shall be advisory to the commission and

shall be comprised of key stakeholders representative of the issue(s) to be addressed.

 

 

 

 

23)

Section

Added Chapter Numbers:

 

2-27-4

200 and 201

 

 

2-27-4. Powers of commission.

     The commission has the power to:

     (1) Retain by contract or employ counsel, auditors, engineers, appraisers, private

consultants and advisors, or other personnel needed to provide necessary services;

     (2) Request the assistance of staff from the department or other state agencies on an as-

needed basis;

     (3) Accept gifts, grants, or loans of funds, or services from any source, public or private,

and comply, subject to the provisions of this chapter, with the terms and conditions thereof;

     (4) Accept from a federal agency loans or grants for use in carrying out its purposes and

enter into agreement with an agency respecting those loans or grants; and

     (5) Otherwise do all things necessary for the performance of its duties, the fulfillment of

its obligations, and the conduct of its business.

 

 

 

 

 

24)

Section

Added Chapter Numbers:

 

2-27-5

200 and 201

 

 

2-27-5. Duties of the commission.

     The commission shall:

     (1) Develop the criteria necessary for defining the most important forest land under this

chapter;

     (2) Make a reasonably accurate inventory of all land in the state that meets the definition

of forest land;

     (3) Inform the public, public officials, and other citizens and interested persons of the

provisions of this chapter; and

     (4) Make recommendations to the director of the department of environmental management

regarding disbursements from the forest land conservation fund.

 

 

 

 

25)

Section

Added Chapter Numbers:

 

2-27-6

200 and 201

 

 

2-27-6. Forest land conservation fund.

     (a) There is hereby established a forest land conservation fund.

     (b) The fund may be utilized for purposes consistent with this chapter.

     (c) The fund shall consist of the following sources:

     (1) Sums the legislature may appropriate;

     (2) Monies received from federal, state, or other sources, including bond funds;

     (3) Monies received from any other sources including from any private donor for the fund;

     (4) Any interest earned on the monies in the fund.

 

 

 

26)

Section

Added Chapter Numbers:

 

2-27-7

200 and 201

 

 

2-27-7. Severability.

     If any provisions of this chapter or of any rule, regulation, or order made under this chapter,

or the application of this chapter to any person or circumstances, is held invalid by a court of

competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application

of that provision to other persons or circumstances shall not be affected. The invalidity of any

section or sections or parts of any section or sections of this chapter shall not affect the validity of

the remainder of this chapter, and it is declared to be the legislative intent that this chapter would

have been enacted if those invalid parts had not been included in this chapter

 

 

 

27)

Section

Amended Chapter Numbers:

 

3-6-1

313 and 314

 

 

3-6-1. Manufacturer's license.

     (a) A manufacturer's license authorizes the holder to establish and operate a brewery,

distillery, or winery at the place described in the license for the manufacture of beverages within

this state. The license does not authorize more than one of the activities of operator of a brewery or

distillery or winery and a separate license shall be required for each plant.

     (b) The license also authorizes the sale at wholesale, at the licensed place by the

manufacturer of the product of the licensed plant, to another license holder and the transportation

and delivery from the place of sale to a licensed place or to a common carrier for that delivery. The

license does authorize the sale of beverages for consumption on premises where sold; provided that

the manufacturer does not sell an amount in excess of thirty-six ounces (36 oz.) of malt beverage

or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a combination not

greater than three (3) drinks where a drink is defined as twelve ounces (12 oz.) of beer or one and

one-half ounces (1.5 oz.) of spirits, for consumption on the premises. The license also authorizes

the sale of beverages produced on the premises in an amount not in excess of twenty-four (24)

forty-eight (48) twelve-ounce (12 oz.) bottles or cans or twenty-four (24) forty-eight (48) sixteen-

ounce (16 oz.) bottles or cans of malt beverages, or seven hundred fifty milliliters (750 ml) one

thousand five hundred milliliters (1,500 ml) of distilled spirits per visitor, per day, to be sold in

containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may be

sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

governing retail Class A establishments. The containers for the sale of beverages for off-premises

consumption shall be sealed. The license does not authorize the sale of beverages in this state for

delivery outside this state in violation of the law of the place of delivery. The license holder may

provide to visitors, in conjunction with a tour or tasting, samples, clearly marked as samples, not

to exceed three hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-

two ounces (72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the

product of the licensed plant to visitors for off-premises consumption. The license does not

authorize providing samples to a visitor of any alcoholic beverages for off-premises consumption

that are not manufactured at the licensed plant. All manufacturer licenses conducting retail sales

and/or providing samples shall be subject to compliance with alcohol server training and liquor

liability insurance requirements set forth in §§ 3-7-6.1 and 3-7-29 and the regulations promulgated

thereunder.

     (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery

producing more than fifty thousand (50,000) gallons (50,000 gal.) per year and five hundred dollars

($500) for a distillery producing less than or equal to fifty thousand (50,000) gallons (50,000 gal.)

per year; five hundred dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500)

for a winery producing more than fifty thousand (50,000) gallons (50,000 gal.) per year and five

hundred dollars ($500) per year for a winery producing less than fifty thousand (50,000) gallons

(50,000 gal.) per year. All those fees are prorated to the year ending December 1 in every calendar

year and shall be paid to the general treasurer for the use of the state.

 

 

 

 

28)

Section

Amended Chapter Numbers:

 

3-6-1.2

(129 and 130), and (313 and 314)

 

 

3-6-1.2. Brewpub manufacturer's license.

     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the

beverages manufactured on the location for consumption on the premises. The license shall not

authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments.

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier

for that delivery.

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under § 3-6-9 or 3-6-11.

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing

more than fifty thousand (50,000) gallons (50,000 gal.) per year and five hundred dollars ($500)

per year for a brewpub producing less than fifty thousand (50,000) gallons (50,000 gal.) per year.

The annual fee is prorated to the year ending December 1 in every calendar year and paid to the

general treasurer for the use of the state.

     (e) A holder of a brewpub manufacturers manufacturer’s license will be permitted to sell,

with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or

the equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.)

of mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent

re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four

ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred

forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages

containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other

containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was

removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the

department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-

10-1, and any other DBR regulations.

     (1) Delivery of alcoholic beverages with food from a brewpub licensee is prohibited.

 

(313 and 314)

     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the

beverages manufactured on the location for consumption on the premises. The license shall not

authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments. The license also authorizes the sale

of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce

(12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages,

or one thousand five hundred milliliters (1500 ml) of distilled spirits per visitor, per day, to be sold

in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may

be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

governing retail Class A establishments.

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier

for that delivery.

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under § 3-6-9 or 3-6-11.

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing

more than fifty thousand (50,000) gallons (50,000 gal.) per year and five hundred dollars ($500)

per year for a brewpub producing less than fifty thousand (50,000) gallons (50,000 gal.) per year.

The annual fee is prorated to the year ending December 1 in every calendar year and paid to the

general treasurer for the use of the state.

 

 

 

 

29)

Section

Amended Chapter Numbers:

 

3-7-7

129 and 130

 

 

3-7-7. Class B license.

     (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or

victualer whose tavern or victualing house may be open for business and regularly patronized at

least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or

served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may

fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town

council may, in its discretion, issue full and limited Class B licenses which may not be transferred,

but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland

town council may, in its discretion, issue full and limited Class B licenses which may not be

transferred to another person or entity, or to another location, but which shall revert to the town of

Cumberland if not renewed by the holder.

     The Pawtucket city council may, in its discretion, issue full and limited Class B licenses

which may not be transferred to another person or entity, or to another location, but which shall

revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any

Class B license holders whose licenses were issued by the Pawtucket city council with the right to

transfer.

     (2) The license authorizes the holder to keep for sale and sell beverages including beer in

cans, at retail at the place described and to deliver them for consumption on the premises or place

where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging

of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge is shall

be posted at the entrance of the establishments in a prominent place.

     (i) A holder of a Class B license will be permitted to sell, with take-out food orders, up to

two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the equivalent volume of wine

in smaller factory sealed containers, or seventy-two ounces (72 oz.) of mixed wine-based drinks or

single-serving wine in containers sealed in such a way as to prevent re-opening without obvious

evidence that the seal was removed or broken, one hundred forty-four ounces (144 oz.) of beer or

mixed beverages in original factory sealed containers, and one hundred forty-four ounces (144 oz.)

of draft beer or seventy-two ounces (72 oz.) of mixed beverages containing not more than nine

ounces (9 oz.) of distilled spirits in growlers, bottles, or other containers sealed in such a way as to

prevent re-opening without obvious evidence that the seal was removed or broken, provided such

sales shall be made in accordance with § 1.4.10 of the department of business regulation (DBR)

liquor control administration regulations, 230-RICR-30-10-1, and any other DBR regulations.

     (ii) Delivery of alcoholic beverages with food from a Class B licensee is prohibited.

     (3) Holders of licenses are not permitted to hold dances within the licensed premises, unless

proper permits have been properly obtained from the local licensing authorities.

     (4) Any holder of a Class B license may, upon the approval of the local licensing board

and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open

for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal

state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license

shall be advertised by the local licensing board in a newspaper having a circulation in the county

where the establishment applying for the license is located.

     (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her

business and products sold on the premises, including neon signs, and is allowed to light those signs

during all lawful business hours, including Sundays and holidays.

     (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail

class B and/or class ED license may apply to the municipality in which such the licensee is located

for a permit to conduct a so-called "Lock-In Event", under the following conditions:

     (i) A "Lock-In Event" is defined as an event where a specified group of individuals are

permitted to remain in a licensed premises after closing hours including, but not limited to, the

hours of 1:00 a.m. to 6:00 a.m.

     (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant

to a permit issued for each such event, subject to such conditions as such may attach to the permit.

The fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars

($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the

municipal licensing authority and there shall be no appeal from the denial of such a permit.

     (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured

in place or removed from the public portion of the premises and secured to the satisfaction of the

municipality issuing the Lock-In Event permit.

     (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the

Lock-In Event participants and no other patrons shall be admitted to the premises who are not

participants. It shall be a condition of the permit that participants shall not be admitted more than

thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of

unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.

     (v) As part of the Lock-In Event, food shall be served.

     (vi) The municipal licensing authority may, in its sole discretion, require the presence of a

police detail, for some or all of the event, and the number of officers required, if any, shall be

determined by the municipality as part of the process of issuing the Lock-In Event permit. The

licensee shall be solely responsible for the cost of any such required police detail.

     (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two

thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400)

to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred

(2,500) inhabitants, as determined by the last census taken under the authority of the United States

or the state, the fee for each retailer's Class B license shall be determined by the town council, but

shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his

or her application, any retailer's Class B license may be issued limiting the sale of beverages on the

licensed premises to malt and vinous beverages containing not more than twenty percent (20%)

alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200)

to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in

each case be prorated to the year ending December 1 in every calendar year.

     (1) Upon the approval and designation of a district or districts within its city or town by

the local licensing board, the local licensing board may issue to any holder of a Class B license or

a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and

Saturdays, the night before a legal state holiday or such other days as determined by the local board,

for one hour past such license holder's legal closing time as established by the license holder's

license or licenses including, but not limited to, those issued pursuant to subdivision subsection

(a)(4) hereof of this section. The extended hours permit shall not permit the sale of alcohol during

the extended one-hour period and shall prohibit the admittance of new patrons in the establishment

during the extended one-hour period. The designation of such district(s) shall be for a duration of

not less than six (6) months. Prior to designating any such district, the local licensing authority shall

hold a hearing on the proposed designation. The proposed designation shall include the boundaries

of the proposed district, the applicable days for the extended hours, and the duration of the

designation and the conditions imposed. The proposed designation shall be advertised at least once

per week for three (3) weeks prior to the hearing in a newspaper in general circulation in the city

or town. The city or town will establish an application process for an extended hours permit for

such license holder and may adopt rules and regulations to administer the permit.

 

 

 

30)

Section

Amended Chapter Numbers:

 

3-7-19

(10 and 11), (64 and 69), (71 and 72), (241), (242 and 243), (244 and 245), (248), (249 and 250),

(251)

 

 

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.

     (43) 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 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

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

Westerly 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 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

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

Woonsocket 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 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) 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 BL license intended to be located at 601 Hartford Avenue, Plat 113,

Lot 50 of the applicable city of Providence tax assessment map.

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

Westerly 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 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

 

(64 and 69)

  (47) (48) Notwithstanding the provisions of this section, the city council of the city of East

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 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

 

(71 and 72)

   (47) (49) Notwithstanding the provisions of this section, the board of license

commissioners of the city of Pawtucket shall, after application, have the authority to exempt from

the provisions of this section any proposed retailers Class B, C, or N license intended to be located

on Plat 54B, Lots 826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city

of Pawtucket tax assessment map existing as of March 1, 2021.

 

(241)

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

of Jamestown, after application, have has the authority to exempt from the provisions of this section

any proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9,

Lot 207 of the applicable town of Jamestown tax assessment map.

 

(242 and 243)

  (47) (51) 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 BV and Class P license intended to be located at 203-209

Douglas Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

 

(244 and 245)

  (46) 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 BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

 

(248)

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

of East 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 130 Taunton Avenue, Map

106, Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

 

(249 and 250)

   (47) (53) Notwithstanding the provisions of this section, the town council of the town of

Barrington 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 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

 

(251)

   (47) (54) 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 at 737 Hope Street, Plat 6, Lot

595 of the applicable city of Providence tax assessment map.

 

 

 

31)

Section

Amended Chapter Numbers:

 

3-8-1

13 and 14

 

 

3-8-1. Sales on Sundays and holidays -- Sales to underage persons, intoxicated

persons, and persons of intemperate habits.

     Licenses issued under this title shall not authorize the sale or service of beverages on

Sunday, nor on Christmas day excepting licensed taverns, clubs, victualing houses, and retail Class

F licensed places when served with food to guests, and except in places operated under a retail

Class E license described in this title, and excepting the sale of wine or winery products at retail

pursuant to § 3-6-1.1(e)(4) by holders of farmer-winery licenses and the serving of complimentary

samples pursuant to § 3-6-1.1(g) by holders of farmer-winery licenses, except in cars or on

passenger-carrying marine vessels operated by holders of Class G licenses, and except as otherwise

provided herein. The department may limit the sale of beverages on passenger-carrying marine

vessels to the hours from twelve o'clock (12:00) p.m. to six o'clock (6:00) p.m. on those days; nor

shall they authorize the sale or delivery to any underaged person as defined in this title for purposes

of sale, possession, and consumption of alcoholic beverages, either for his or her own use or for the

use of his or her parents, or of any other person; or the sale of beverages to any intoxicated persons

or to any person of notoriously intemperate habits. Places operating under a retail Class C license

are authorized to be open for the sale of alcoholic beverages upon Columbus day, Armistice day,

and Victory day, provided however, that a local board of license may authorize places operating

under a Class C license to be open on New Year's day. A Class C licensee may serve beverages on

Sunday with the written approval of the local board of license, subject to the notice provisions of §

3-5-17. Places operating under a retail Class A license are not authorized to be open for the sale of

alcoholic beverages upon Thanksgiving day and New Year's day. Provided, however, that holders

of Class A licenses may open from no earlier than ten o'clock (10:00) a.m. to no later than six

o'clock (6:00) p.m. on Sundays, unless the following Monday is a holiday, in which event the

holders may remain open no later than nine o'clock (9:00) p.m. the prior Sunday.

 

 

 

32)

Section

Added Chapter Numbers:

 

4-9.1

149 and 150

 

 

CHAPTER 4-9.1

DONATION OF MEDICATIONS FOR USE BY NONPROFIT, STATE, AND LOCAL

FACILITIES

 

 

 

33)

Section

Added Chapter Numbers:

 

4-9.1-1

149 and 150

 

 

4-9.1-1. Definitions.

     As used in this chapter:

     (1) "Animal 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.

     (2) "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.

     (3) "Nonprofit corporation" means a corporation of which no part of the income or profit

is distributable to its members, directors, or officers, except as otherwise expressly permitted by

chapter 6 of title 7.

     (4) "Pound" or "Dog pound" means a facility operated by the state, or any political

subdivision of the 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

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

animals.

     (5) "Veterinarian-client patient relationship" or "VCPR" means a relationship where all of

the following conditions have been met:

     (i) The veterinarian has assumed the responsibility for making medical judgments

regarding the health of the animal or animals and the need for medical treatment, and the client (i.e.,

animal owner or custodian) has agreed to follow the instructions of the veterinarian.

     (ii) The veterinarian has sufficient knowledge of the animal or animals to initiate at least a

general or preliminary (e.g., tentative) diagnosis of the medical condition of the animal or animals.

"Sufficient knowledge", as used in this subsection, means that the veterinarian has recently seen

and is personally acquainted with the keeping and care of the animal or animals, and/or by

medically appropriate and timely visits to the premises where the animal or animals are kept.

     (iii) The veterinarian is readily available for follow-up in cases of adverse reactions or

failure of the regimen of therapy.

     (iv) The veterinarian maintains records, which that document patient visits, diagnosis,

treatment, and other relevant in formation information.

     (6) "Veterinary clinic" means any premises to which animals are brought or where they are

temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury.

 

 

 

 

34)

Section

Added Chapter Numbers:

 

4-9.1-2

149 and 150

 

 

4-9.1-2. Allowable medication donations.

     (a) An owner of an animal may donate a drug that is dispensed for the animal, but will not

be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is

practiced if the licensed veterinarian or facility chooses to accept the drug.

     (b) Except as provided in § 4-9.1-3, a licensed veterinarian may reissue a drug accepted

pursuant to this section to fill other prescriptions provided that:

     (1) The veterinarian is licensed to practice veterinary medicine in Rhode Island;

     (2) The drug is being dispensed to fill a prescription needed to treat an animal under the

care of a Rhode Island registered nonprofit shelter, municipal pound, shelter, veterinary clinic, or

animal rescue facility;

     (3) Wildlife rehabilitators licensed by the state of Rhode Island will have access to these

medications under the direction of a licensed Rhode Island veterinarian;

     (4) The prescription is authorized by the veterinarian within a valid VCPR;

     (5) The licensed veterinarian determines that the drug is suitable for that purpose; and

     (6) The drug was originally dispensed by a licensed veterinarian, a facility in which

veterinary medicine is practiced which that is licensed by the state of Rhode Island, a licensed

pharmacy, an Internet internet pharmacy that is accredited through the National Association of

Boards of Pharmacy's Veterinary-Verified Internet Pharmacy Practice Sites program, or its

successor;.

 

 

 

 

35)

Section

Added Chapter Numbers:

 

4-9.1-3

149 and 150

 

 

4-9.1-3. Drugs not eligible for donation or reissuance.

     Drugs that will not be eligible for reissuance include:

     (1) Drugs classified as a controlled substance;

     (2) Drugs that require refrigeration unless it is a drug that only requires refrigeration after

being opened and the drug is donated in an unopened condition; and

     (3) Drugs where the packaging or bottle does not list the expiration date of the usefulness

of the drug.

 

 

 

 

36)

Section

Added Chapter Numbers:

 

4-9.1-4

149 and 150

 

 

4-9.1-4. Reissuance of medications.

     (a) Any reissued medication shall have the name of the animal and the name of the owner

of the animal for which the drug was originally dispensed, the prescription number, and any other

identifying marks obliterated from the packaging or bottle before the reissuance of the drug. When

medication is reissued to owned pets, the owner will be informed as to the fact that the medication

is supplied from a supply of turnover medications.

     (b) A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill

other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to

produce food for human consumption or the animal is ordinarily consumed by animals that are

raised to produce food for human consumption.

     (c) For expired medications, the veterinarian may elect to reissue these medications if they

are unopened and from a period of one year from their expiration date if the veterinarian determines

the medication to continue to maintain efficacy.

 

 

 

 

37)

Section

Added Chapter Numbers:

 

4-9.1-5

149 and 150

 

 

4-9.1-5. Immunity from civil or criminal liability.

     (a) A licensed veterinarian or a facility or agency in which veterinary medicine is practiced

with one or more full-time or part-time veterinarians that complies with the provisions of this

chapter in the donation, acceptance, distribution, or dispensation of a drug in accordance with the

provisions of this chapter and any regulations adopted pursuant thereto is not subject to any civil

or criminal liability or disciplinary action by a professional licensing board for any loss, injury, or

death that results from the donation, acceptance, distribution, or dispensation of the drug.

     (b) A manufacturer of a drug is not subject to civil or criminal liability for any claim or

injury arising from the donation, acceptance, distribution, or dispensation of the drug pursuant to

this chapter and any regulations adopted pursuant thereto.

 

 

 

 

38)

Section

Added Chapter Numbers:

 

4-9.1-6

149 and 150

 

 

4-9.1-6. Sale of donated medications prohibited.

     A licensed veterinarian, shelter, pound, animal rescue, or humane society shall not sell or

resell any drug accepted pursuant to this chapter.

 

 

 

 

39)

Section

Added Chapter Numbers:

 

4-9.1-7

149 and 150

 

 

4-9.1-7. Handling of donated medications.

     (a) The facility receiving the turnover medication shall:

     (1) Identify and maintain separately from other stock any drug accepted pursuant to this

chapter; and

     (2) Make a record of each drug accepted pursuant to this chapter that includes, without

limitation:

     (i) The date on which the drug was donated;

     (ii) The name of the person who donated the drug; and

     (iii) The expiration date of the drug.

     (b) Any for-profit or nonprofit facility receiving turnover medications may then donate

them to another qualifying nonprofit facility provided that subsequent responsibility for identifying

and using the drug becomes the responsibility of the facility receiving the donation.

     (c) All records must be maintained for not less than two (2) years.

 

 

 

 

40)

Section

Added Chapter Numbers:

 

4-9.1-8

148 and 150

 

 

4-9.1-8. Rules and regulations.

     The board of veterinary medicine shall promulgate any rules or regulations deemed

necessary to carry out the provisions of this chapter, including, without limitation:

     (1) Requirements for reissuing drugs pursuant to this chapter, including, without limitation,

requirements that provide appropriate safeguards for ensuring that the drugs are not compromised

or illegally diverted before being reissued;

     (2) Requirements for accepting drugs donated to a licensed veterinarian or facility in which

veterinary medicine is practiced pursuant to this chapter; and

     (3) Requirements for maintaining records relating to the acceptance and use of drugs to fill

other prescriptions pursuant to this chapter.

 

 

 

41)

Section

Amended Chapter Numbers:

 

5-3.1-12

400 and 401

 

 

5-3.1-12. Revocation or suspension of certificate, authority, or permit.

     (a) After notice and a hearing as provided in § 5-3.1-14, the board may:

     (1) Suspend or revoke any certificate issued under § 5-3.1-5, or any predecessor provision,

and any authority as a public accountant issued under the prior laws of this state;

     (2) Revoke or suspend any permit issued under § 5-3.1-7, § 5-3.1-8, § 5-3.1-9, or their

predecessor provisions; and

     (3) Reprimand or censure in writing; limit the scope of practice; impose an administrative

fine upon, not to exceed one thousand dollars ($1,000); or place on probation, all with or without

terms, conditions, or limitations, a licensee, for any of the causes specified in subsection (b).

     (b) The board may take action specified in subsection (a) for any one or more of the

following causes:

     (1) Fraud or deceit in obtaining a certificate or permit under this chapter;

     (2) Dishonesty, fraud, or gross negligence in the practice of public accounting or in the

filing, or failing to file, the licensee's own income tax returns;

     (3) Violation of any of the provisions of this chapter;

     (4) Violation of any rules and regulations, including, but not limited to, any rules of

professional conduct promulgated by the board under the authority granted by this chapter;

     (5) Conviction of, or pleading guilty or nolo contendere to, a crime or an act constituting a

crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion,

conspiracy to defraud, misappropriation of funds, tax evasion, or any other similar offense or

offenses involving moral turpitude, in a court of competent jurisdiction of this or any other state or

in federal court;

     (6) Cancellation, revocation, or suspension of, or refusal to renew, the licensee's certificate

or permit from another state by the other state for any cause other than failure to pay a fee or to

meet the requirements of continuing education in that other state;

     (7) Suspension or revocation of the right to practice public accounting before any state or

federal agency;

     (8) As to accountants licensed by foreign countries, cancellation, revocation, suspension,

or refusal to renew the person's certificate, license, or degree evidencing his or her qualification to

practice public accounting by the foreign country issuing the certificate, license, or degree, the

certificate, license, or degree having qualified the accountant for issuance of an annual limited

permit to practice under § 5-3.1-8;

     (9) Failure to furnish the board, or any persons acting on behalf of the board, any

information that is legally requested by the board;

     (10) Any conduct reflecting adversely upon the licensee's fitness to engage in the practice

of public accountancy; and

     (11) Any other conduct discreditable to the public accounting profession.

 

 

 

 

42)

Section

Amended Chapter Numbers:

 

5-5.1-18

400 and 401

 

 

5-5.1-18. Registration.

     (a) Except as provided in this chapter, no person shall perform the functions and duties of

an employee of a business required to be licensed under this chapter in this state without first having

been registered or licensed. The attorney general shall keep and make available for public

inspection a list of all persons who have been registered or licensed and the name of the company

employing the person at the time of registration or licensure.

     (b) No holder of any unexpired license issued pursuant to this chapter shall knowingly

employ any person who has been convicted of a felony in connection with his or her or its business

in any capacity. Should the holder of an unexpired license falsely state or represent that a person is

or has been in his or her employ, that false statement or misrepresentation is sufficient cause for

the revocation of the license.

     (c) No person shall be employed by any holder of a license until he or she has executed

and furnished to the license holder a verified statement, to be known as "employee's registration

statement," stating:

     (1) His or her full name, age, residence address, and place and date of birth;

     (2) The country of which he or she is a citizen;

     (3) The business or occupation engaged in for the five (5) years immediately preceding the

date of the filing of the statement, stating the place or places where the business or occupation was

engaged in, and the name or names of any employers;

     (4) That he or she has not been convicted of a felony or of any offense involving moral

turpitude; and

     (5) Any further information that the attorney general may by rule require to show the good

character, competency, and integrity of the person executing the statement.

     (d) All holders of a license shall be allowed to obtain a criminal background check on any

employee or prospective employee from the division of criminal identification for a fee determined

by the department of the attorney general.

     (e) If any holder of a license files with the attorney general the "employee's statement" of

a person other than the person employed, he or she is guilty of a felony.

 

 

 

 

43)

Section

Added Chapter Numbers:

 

5-6-10.3

123 and 126

 

 

5-6-10.3. Limited premises certificate/license -- Certificate PC.

     (a) A Certificate PC shall be issued to public institutions of higher educations that regularly

employ one or more Class B journeyperson electricians when the work performed by those

individuals is limited to the replacement, retrofit, upgrade, maintenance, repair, and/or minor

alteration of electrical wiring, branch circuit devices, appliances, and equipment on the premises

owned or occupied by the applicant. The application must be made by a responsible officer of the

firm and contain a description of the premises within which work is to be done under the permit.

All work must meet electrical and municipal codes and must be permitted accordingly by the

municipality or appropriate state authority.

     (b) The scope and size of any work performed under a Certificate PC shall be limited to:

     (1) For any project involving a single classroom or a single laboratory, work performed

shall not exceed two thousand square feet (2,000 sq. ft.);

     (2) For all other projects work performed shall not exceed one thousand two hundred fifty

square feet (1,250 sq. ft.);

     (3) In no event may a project within a single building or series of buildings, when the

project spans multiple locations, be broken into smaller phases to satisfy the square foot limitations

as set forth in this section; and

     (4) In no event shall any work be performed pursuant to a Certificate PC in any space under

construction, which shall mean any room or space which that has been demolished or gutted.

     (c) For purposes of this chapter, minor alterations shall include new installation of

individual branch circuits within sight or fifty feet (50').

     (d) For purposes of this chapter, all work performed under a Certificate PC pursuant to the

terms enumerated herein, shall not be deemed or considered as installation.

 

 

44)

Section

Amended Chapter Numbers:

 

5-6-24

186 and 187

 

 

5-6-24. Apprentices -- Registration.

     (a) This chapter does not forbid the employment of one properly limited-registered

apprentice electrician working with and under the direct personal supervision of a licensed

journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) One

properly registered apprentice burnerperson working with and under the direct personal supervision

of a licensed burnerperson; (2) One properly registered apprentice fire alarm installer working with

and under the direct personal supervision of a licensed fire alarm installer; (3) Two (2) properly

registered apprentice electrical sign installers working with and under the direct personal

supervision of a licensed electrical sign installer; (4) One properly registered apprentice

maintenance electrician working with and under the direct personal supervision of a valid Class C

or Class D license holder; or (5) One properly registered apprentice lightning-protection installer

working with and under the direct personal supervision of a licensed lightning-protection installer

(LPI). Apprentices are required to register with the division of professional regulation immediately

upon employment with a properly licensed electrical contractor or lightning-protection contractor.

     (b) Indentured apprentice electricians are required to work a minimum of eight thousand

(8,000) hours over a period of time of not less than four (4) years and successfully complete one

hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

program approved by the Rhode Island department of labor and training, to qualify for the

journeyperson "B" electrician examination; provided, however, apprentices may receive credit for

one hundred forty-four (144) hours of classroom training gained in a vocational school authorized

by the board of education, or a maximum of two hundred eighty-eight (288) hours of classroom

training gained over two (2) academic years (one hundred forty-four (144) per academic year),

upon the successful completion of a course of study in a fully accredited trade school that has been

approved by the Rhode Island office of postsecondary commissioner and approved by the Rhode

Island department of labor and training apprenticeship council. Provided, that the test applicant has

possessed, for at least four (4) years prior to the filing of the application, a certificate of registration

in full force and effect from the department of labor and training of Rhode Island specifying the

person as an indentured apprentice, and the application of an applicant is accompanied by an

affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory

evidence showing that the applicant has been actually engaged in electrical work as an apprentice

in Rhode Island during those four (4) years; or the application is accompanied by an affidavit or

other reasonably satisfactory evidence showing that the applicant has successfully completed a

course of study in a recognized college or university and has pursued a course of electrical

technology for at least two (2) academic years or is the recipient of an associate degree in electrical

technology, and has thereafter been indentured by the department of labor and training as an

apprentice for at least two (2) four (4) years and employed as an indentured apprentice by a duly

licensed electrician master in this state for a period of two (2) four (4) years; or a showing that the

applicant possesses a certificate of license issued under the laws of another state, based on training

equal to that required by the state of Rhode Island. Limited-registered apprentice electricians shall

be required to work a minimum of four thousand (4,000) hours over a period of time of not less

than two (2) years.

     (c) Indentured apprentice maintenance electricians are required to work a minimum of six

thousand (6,000) hours over a period of time of not less than three (3) years and successfully

complete one hundred forty-four (144) hours of related instruction per year in an indentured

apprenticeship program approved by the Rhode Island department of labor and training, to qualify

for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

possessed for at least three (3) years prior to the filing of the application a certificate of registration

in full force and effect from the department of labor and training specifying the person as an

indentured apprentice, and the application of an applicant is accompanied by an affidavit or

affidavits of his or her employer or former employers or other reasonably satisfactory evidence

showing that the applicant has been actually engaged in electrical work as an apprentice in Rhode

Island during those three (3) years. Class M journeyperson electricians may qualify to take the

journeyperson "B" electrician examination upon registering as a fourth-year apprentice and

becoming employed by a properly licensed Class A electrical contractor for that period of time.

     (d) Apprentice lightning-protection installers are required to work a minimum of four

thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the

lightning-protection installer (LPI) examination. Provided, that the test applicant has possessed for

at least two (2) years prior to the filing of the application a certificate of registration in full force

and effect from the department of labor and training specifying the person as an apprentice

lightning-protection installer, and the application of an applicant is accompanied by an affidavit or

affidavits of his or her employer or former employers or other reasonably satisfactory evidence

showing that the applicant has been actually engaged in lightning-protection work as an apprentice

during those two (2) years.

 

 

 

 

45)

Section

Amended Chapter Numbers:

 

5-8-18

400 and 401

 

 

5-8-18. Suspension and revocation of certificates -- Complaints -- Hearings.

     (a) After notice and a hearing as provided in this section, the director may in his or her

discretion or upon recommendation of the board: (1) Suspend, revoke, or take other permitted

action with respect to any certificate of registration; (2) Revoke, suspend, or take other permitted

action with respect to any certificate of authorization; (3) Publicly censure, or reprimand or censure

in writing; (4) Limit the scope of practice of; (5) Impose an administrative fine upon, not to exceed

one thousand dollars ($1,000) for each violation; (6) Place on probation; and/or (7) For good cause

shown, order a reimbursement of the department for all fees, expenses, costs, and attorney's fees in

connection with the proceedings, which amounts shall be deposited as general revenues; all with

or without terms, conditions, or limitations, holders of a certificate of registration or a certificate of

authorization, referred to as licensee(s), for any one or more of the causes set out in subsection (b)

of this section.

     (b) The director may take actions specified in subsection (a) of this section for any of the

following causes:

     (1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or

certificate of authorization;

     (2) Practicing engineering in another state or country or jurisdiction in violation of the laws

of that state or country or jurisdiction;

     (3) Practicing engineering in this state in violation of the standards of professional conduct

established by the board and approved by the director;

     (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the

practice of engineering;

     (5) Use of an engineer's stamp in violation of § 5-8-14;

     (6) Violation of any of the provisions of this chapter or chapter 84 of this title;

     (7) Suspension or revocation of the right to practice engineering before any state or before

any other country or jurisdiction;

     (8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of, or

an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses involving

moral turpitude, in a court of competent jurisdiction of this state or any other state or of the federal

government;

     (9) Failure to furnish to the department and/or board or any person acting on behalf of the

department and/or board in a reasonable time any information that may be legally requested by the

department and/or board;

     (10) In conjunction with any violation of subsections (b)(1) -- (b)(9), any conduct reflecting

adversely upon the licensee's fitness to engage in the practice of engineering; and

     (11) In conjunction with any violation of subsections (b)(1) -- (b)(9), any other conduct

discreditable to the engineering profession.

     (c) Any person may file complaints of fraud, deceit, gross negligence, incompetence, or

misconduct against any registrant. Those charges shall be in writing, sworn to by the person or

persons making them, and filed with the board.

     (d) All charges, unless dismissed by the director as unfounded or trivial, shall be heard by

the director within six (6) months after the date on which they have been properly filed or within

six (6) months following resolution of similar charges that have been brought against a registrant

who is before another regulatory body.

     (e) The time and place for the hearing pursuant to subsection (d) of this section shall be

fixed by the department, and a copy of charges, together with a notice of the time and place of

hearing, shall be personally served on or mailed to the last known address of the registrant at least

thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant shall

have the right to appear personally and/or by counsel; to cross-examine witnesses appearing against

him or her; and to produce evidence and witnesses in his or her own defense. The board may

participate in formal proceedings through representation by the department's legal staff acting as

the prosecuting agent before the director.

     (f) If, after the hearing pursuant to subsection (d) of this section, the evidence is in favor of

sustaining the charges, the director may in his or her discretion suspend, revoke, or take other

permitted action with respect to the certificate of registration or certificate of authorization, or

publicly censure the licensee, or take any other action and/or order any other penalty permitted by

this section. The department, for reasons it deems sufficient, may reissue a certificate of registration

or certificate of authorization or renewal to any person or firm whose certificate has been revoked.

     (g) The board or the department may on its own motion investigate the conduct of an

applicant, engineer, sole proprietorship, partnership, limited-liability partnership, corporation,

limited-liability company, or individual.

     (h) Nothing in this chapter shall be construed to prohibit the board from entering into

consent agreements or informal resolutions with any party under investigation for violations under

this chapter and/or chapter 84 of this title.

 

 

 

 

46)

Section

Amended Chapter Numbers:

 

5-8.1-15

400 and 401

 

 

5-8.1-15. Board of registration for professional land surveyors -- Disciplinary actions.

     (a) Revocation, suspension, and censure. After notice and a hearing as provided in this

section, the director may in his or her discretion or upon recommendation of the board: (1) Suspend,

revoke, or take other permitted action with respect to any certificate of registration; (2) Revoke,

suspend, or take other permitted action with respect to any certificate of authorization; (3) Publicly

censure, or reprimand or censure in writing; (4) Limit the scope of practice of; (5) Impose an

administrative fine, not to exceed one thousand dollars ($1,000) for each violation; (6) Place on

probation; and/or (7) For good cause shown, order a reimbursement of the department for all fees,

expenses, costs, and attorney's fees in connection with the proceedings, which amounts shall be

deposited as general revenues; all with or without terms, conditions, or limitations, holders of a

certificate of registration or a certificate of authorization, hereafter referred to as registrant(s), for

any one or more of the causes set out in subsection (b).

     (b) Grounds. The director may take actions specified in subsection (a) for any of the

following causes:

     (1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or

certificate of authorization;

     (2) Practicing land surveying in another state or country or jurisdiction in violation of the

laws of that state, country, or jurisdiction;

     (3) Practicing land surveying in this state in violation of the standards of professional

conduct established by the board and approved by the director;

     (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the

practice of land surveying;

     (5) Use of a land surveyor's stamp in violation of § 5-8.1-12;

     (6) Violation of any of the provisions of this chapter or chapter 84 of this title;

     (7) Suspension or revocation of the right to practice land surveying before any state or

before any other country or jurisdiction;

     (8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of, or

an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses involving

moral turpitude, in a court of competent jurisdiction of this state or any other state or of the federal

government;

     (9) Failure to furnish to the department and/or board, or any person acting on behalf thereof,

in a reasonable time such information as may be legally requested by the department and/or board;

     (10) In conjunction with any violation of subsections (b)(1) -- (b)(9), any conduct reflecting

adversely upon the registrant's fitness to engage in the practice of land surveying; and

     (11) In conjunction with any violation of subsections (b)(1) -- (b)(9), any other conduct

discreditable to the land surveying profession.

     (c) Procedures.

     (1) Any person may prefer charges of fraud, deceit, gross negligence, incompetence, or

misconduct against any applicant or registrant. In addition, the department or board may, on its

own motion, investigate the conduct of an applicant or registrant of the board, and may in

appropriate cases file a written statement of charges with the secretary of the board. The charges

shall be in writing and shall be sworn to by the person or persons making them and shall be filed

with the board of land surveyors. All charges, unless dismissed by the director as unfounded or

trivial, shall be heard by the director within three (3) months after the date on which they were

referred.

     (2) The time and place for the hearing shall be fixed by the department, and a copy of the

charges, together with a notice of the time and place of the hearing, shall be personally served on

or mailed to the last known address of the registrant at least thirty (30) days before the date fixed

for the hearing. At any hearing, the accused registrant or applicant has the right to appear personally

and/or by counsel, to cross-examine witnesses appearing against him or her, and to produce

evidence and witnesses in his or her defense.

     (3) If, after the hearing, the charges are sustained, the director, on his or her own motion or

upon recommendation of the board of land surveyors, may in his or her discretion suspend, revoke,

or take other permitted action with respect to the certificate of registration or certificate of

authorization or publicly censure the registrant, or take any other action and/or order any other

penalty permitted by this section.

     (4) The director may, at his or her discretion, reissue a certificate of registration or

certificate of authorization or renewal to any person or firm denied registration under this section

or upon presentation of satisfactory evidence of reform and/or redress.

     (5) The board may participate in hearings before the director through representation by the

department's legal staff acting as the prosecuting agent before the director.

     (d) Legal counsel. The department shall make its legal staff available to act as legal advisor

to the board and to render any legal assistance that is necessary in carrying out the provisions of

this chapter. The director may employ other counsel and necessary assistance to aid in the

enforcement of this chapter, and their compensation and expenses shall be paid from the funds of

the department.

     (e) Nothing in this chapter shall prevent the department and/or board of land surveyors

from charging one or both parties a fee for the direct costs associated with hearings and transcripts

in accordance with the department's rules of procedure for administrative hearings.

     (f) Nothing in this chapter shall prevent the board from entering into consent agreements

or informal resolutions with any party under investigation for violations under this chapter and/or

chapter 84 of this title.

 

 

 

 

47)

Section

Added Chapter Numbers:

 

5-14.1

308 and 337

 

 

CHAPTER 5-14.1

THE HUMAN TRAFFICKING PREVENTION NOTICE ACT

 

 

 

48)

Section

Added Chapter Numbers:

 

5-14.1-1

308 and 337

 

 

5-14.1-1. Definitions.

     As used in this chapter:

     (1) “Hotel” shall mean any establishment defined in § 5-14-3.

     (2) “Human trafficking” means the use of force, fraud, or coercion to obtain some type of

labor or commercial sex act as defined in 22 USC § 7102 and the commission of an offense created

by §§ 11-67.1-3 through 11-67.1-7.

 

 

 

 

49)

Section

Added Chapter Numbers:

 

5-14.1-2

308 and 337

 

 

5-14.1-2. Posting requirements.

     (a) Every operator of a hotel shall post in a location conspicuous to employees human

trafficking awareness signage, printed in an easily legible font in English and any other language

spoken by at least ten percent (10%) of the employees.

     (b) The notice shall provide information regarding the National Human Trafficking

Resource Center hotline and substantially state as follows: "If you or someone you know is being

forced to engage in any work or commercial sexual activity and cannot leave, call the toll-free

National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and

services. The toll-free hotline is:

     (1) Available twenty-four (24) hours a day, seven (7) days a week;

     (2) Operated by a nonprofit, nongovernmental organization;

     (3) Anonymous and confidential;

     (4) Accessible in one hundred seventy (170) languages; and

     (5) Able to provide help, referral to services, training, and general information."

 

 

 

 

50)

Section

Amended Chapter Numbers:

 

5-19.1-2

357 and 358

 

 

5-19.1-2. Definitions.

     (a) "Biological product" means a "biological product" as defined in the "Public Health

Service Act," 42 U.S.C. § 262.

     (b) "Board" means the Rhode Island board of pharmacy.

     (c) "Change of ownership" means:

     (1) In the case of a pharmacy, manufacturer, or wholesaler that is a partnership, any change

that results in a new partner acquiring a controlling interest in the partnership;

     (2) In the case of a pharmacy, manufacturer, or wholesaler that is a sole proprietorship, the

transfer of the title and property to another person;

     (3) In the case of a pharmacy, manufacturer, or wholesaler that is a corporation:

     (i) A sale, lease exchange, or other disposition of all, or substantially all, of the property

and assets of the corporation; or

     (ii) A merger of the corporation into another corporation; or

     (iii) The consolidation of two (2) or more corporations resulting in the creation of a new

corporation; or

     (iv) In the case of a pharmacy, manufacturer, or wholesaler that is a business corporation,

any transfer of corporate stock that results in a new person acquiring a controlling interest in the

corporation; or

     (v) In the case of a pharmacy, manufacturer, or wholesaler that is a non-business

corporation, any change in membership that results in a new person acquiring a controlling vote in

the corporation.

     (d) "Compounding" means the act of combining two (2) or more ingredients as a result of

a practitioner's prescription or medication order occurring in the course of professional practice

based upon the individual needs of a patient and a relationship between the practitioner, patient,

and pharmacist. Compounding does not mean the routine preparation, mixing, or assembling of

drug products that are essentially copies of a commercially available product. Compounding shall

only occur in the pharmacy where the drug or device is dispensed to the patient or caregiver and

includes the preparation of drugs or devices in anticipation of prescription orders based upon

routine, regularly observed prescribing patterns.

     (e) "Controlled substance" means a drug or substance, or an immediate precursor of such

drug or substance, so designated under, or pursuant to, the provisions of chapter 28 of title 21.

     (f) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one

person to another of a drug or device, whether or not there is an agency relationship.

     (g) "Device" means instruments, apparatus, and contrivances, including their components,

parts, and accessories, intended:

     (1) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man

humans or other animals; or

     (2) To affect the structure or any function of the body of humans or other animals.

     (h) "Director" means the director of the Rhode Island state department of health.

     (i) "Dispense" means the interpretation of a prescription or order for a drug, biological, or

device and, pursuant to that prescription or order, the proper selection, measuring, compounding,

labeling, or packaging necessary to prepare that prescription or order for delivery or administration.

     (j) "Distribute" means the delivery of a drug or device other than by administering or

dispensing.

     (k) "Drug" means:

     (1) Articles recognized in the official United States Pharmacopoeia or the Official

Homeopathic Pharmacopoeia of the U.S.;

     (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention

of disease in humans or other animals;

     (3) Substances (other than food) intended to affect the structure, or any function, of the

body of humans or other animals; or

     (4) Substances intended for use as a component of any substances specified in subsection

(k)(1), (k)(2), or (k)(3), but not including devices or their component parts or accessories.

     (l) "Equivalent and interchangeable" means a drug, excluding a biological product, having

the same generic name, dosage form, and labeled potency, meeting standards of the United States

Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation

of the requirements of the United States Food and Drug Administration, or its successor agency, or

the Rhode Island department of health.

     (m) "Interchangeable biological product" means a biological product that the United States

Food and Drug Administration has:

     (1) Licensed and determined meets the standards for interchangeability pursuant to 42

U.S.C. § 262(k)(4) or lists of licensed, biological products with reference product exclusivity and

biosimilarity or interchangeability evaluations; or

     (2) Determined is therapeutically equivalent as set forth in the latest edition of, or

supplement to, the United States Food and Drug Administration's Approved Drug Products with

Therapeutic Equivalence Evaluations.

     (n) "Intern" means:

     (1) A graduate of an American Council on Pharmaceutical Education (ACPE)-accredited

program of pharmacy;

     (2) A student who is enrolled in at least the first year of a professional ACPE-accredited

program of pharmacy; or

     (3) A graduate of a foreign college of pharmacy who has obtained full certification from

the FPGEC (Foreign Pharmacy Graduate Equivalency Commission) administered by the National

Association of Boards of Pharmacy.

     (o) "Legend drugs" means any drugs that are required by any applicable federal or state

law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.

     (p) "Limited-function test" means those tests listed in the federal register under the Clinical

Laboratory Improvement Amendments of 1988 (CLIA) as waived tests. For the purposes of this

chapter, limited-function test shall include only the following: blood glucose, hemoglobin A1c A1c,

cholesterol tests, and/or other tests that are classified as waived under CLIA and are approved by

the United States Food and Drug Administration for sale to the public without a prescription in the

form of an over-the-counter test kit.

     (q) "Manufacture" means the production, preparation, propagation, compounding, or

processing of a drug or other substance or device or the packaging or repackaging.

     (r) "Non-legend" or "nonprescription drugs" means any drugs that may be lawfully sold

without a prescription.

     (s) "Person" means an individual, corporation, government, subdivision, or agency,

business trust, estate, trust, partnership, or association, or any other legal entity.

     (t) "Pharmaceutical care" is the provision of drugs and other pharmaceutical services

intended to achieve outcomes related to cure or prevention of a disease, elimination or reduction of

a patient's symptoms, or arresting or slowing of a disease process. "Pharmaceutical care" includes

the judgment of a pharmacist in dispensing an equivalent and interchangeable drug or device in

response to a prescription after appropriate communication with the prescriber and the patient.

     (u) "Pharmacist in charge" means a pharmacist licensed in this state as designated by the

owner as the person responsible for the operation of a pharmacy in conformance with all laws and

regulations pertinent to the practice of pharmacy and who is personally in full and actual charge of

such pharmacy and personnel.

     (v) "Pharmacy" means that portion or part of a premise where prescriptions are

compounded and dispensed, including that portion utilized for the storage of prescription or legend

drugs.

     (w) "Pharmacy technician" means an individual who meets minimum qualifications

established by the board, that are less than those established by this chapter as necessary for

licensing as a pharmacist, and who works under the direction and supervision of a licensed

pharmacist.

     (x) "Practice of pharmacy" means the interpretation, evaluation, and implementation of

medical orders; the dispensing of prescription drug orders; participation in drug and device

selection; the compounding of prescription drugs; drug regimen reviews and drug or drug-related

research; the administration of adult immunizations and, medications approved by the department

of health in consultation with the board of pharmacy for administration by a pharmacist except as

provided by § 5-25-7, pursuant to a valid prescription or physician-approved protocol and in

accordance with regulations, to include training requirements as promulgated by the department of

health; the administration of all forms of influenza immunizations to individuals between the ages

of nine (9) years and eighteen (18) years, inclusive, pursuant to a valid prescription or prescriber-

approved protocol, in accordance with the provisions of § 5-19.1-31 and in accordance with

regulations, to include necessary training requirements specific to the administration of influenza

immunizations to individuals between the ages of nine (9) years and eighteen (18) years, inclusive,

as promulgated by the department of health; provision of patient counseling and the provision of

those acts or services necessary to provide pharmaceutical care; the responsibility for the

supervision for compounding and labeling of drugs and devices (except labeling by a manufacturer,

repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and

devices), proper and safe storage of drugs and devices, and maintenance of proper records for them;

and the performance of clinical laboratory tests, provided such testing is limited to limited-function

tests as defined herein. Nothing in this definition shall be construed to limit or otherwise affect the

scope of practice of any other profession.

     (y) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly

authorized by law in the state in which they practice to prescribe drugs.

     (z) "Preceptor" means a pharmacist registered to engage in the practice of pharmacy in this

state who has the responsibility for training interns.

     (aa) "Prescription" means an order for drugs or devices issued by the practitioner duly

authorized by law in the state in which he or she practices to prescribe drugs or devices in the course

of his or her professional practice for a legitimate medical purpose.

     (bb) "Wholesaler" means a person who buys drugs or devices for resale and distribution to

corporations, individuals, or entities other than consumers.

 

 

 

 

51)

Section

Amended Chapter Numbers:

 

5-20.5-4

211 and 322

 

 

5-20.5-4. Examination of applicants -- Examination fee -- Licensing without

examination.

     (a) The director shall require any applicant for a real estate broker's or salesperson's license

to submit to and pass a written examination to show the applicant's knowledge of the state statutes

and the rules and regulations relating to real property, deeds, mortgages, leases, contracts, and

agency real estate relationships, and federal and state fair housing laws pertaining to fair housing

and the treatment of any individual in a protected class as designated in chapter 37 of title 34. An

applicant shall not be required to take the uniform portion of the Rhode Island real estate licensing

examination if the applicant provides sufficient evidence that the applicant possesses an existing

valid real estate license from a state that has similar statutes or regulations in effect which that

provide for reciprocal waiver of the uniform portion of the real estate licensing examination for

persons holding an existing valid Rhode Island real estate broker's or salesperson's license. An

applicant for a real estate broker's or salesperson's license, prior to the taking of the examination,

must pay an examination fee, the cost of which is limited to the charge as designated by the

appropriate testing service's contract with the department of business regulation.

     (b) An applicant for a real estate salesperson's license must submit satisfactory evidence of

completion of a minimum of forty-five (45) classroom hours in a real estate course given by a

school as defined in § 5-20.5-19. The applicant for a broker's license must also submit satisfactory

proof that he or she: (i) Has been engaged full time as a real estate salesperson for at least two (2)

years immediately prior to the date of application; and (ii) Has successfully completed at least

ninety (90) hours of approved classroom study in a school as defined in § 5-20.5-19, or equivalent

in a correspondence course offered by an extension department of an accredited college or

university. The director, in his or her sole discretion, may require any additional evidence or proof

as to the honesty, trustworthiness, integrity, good reputation, and competency of any applicant.

     (c) Any successful applicant who fails to remit the original license fee as provided in § 5-

20.5-11 within one year of the date of that examination may be required by the director to re-submit

to and pass a written examination as provided in subsection (a) of this section.

     (d) When an attorney-at-law licensed by the supreme court of the state desires to have a

real estate broker's license or a real estate salesperson's license, the attorney, by application, and

upon payment of the applicable fee as provided in § 5-20.5-11, shall be granted a license without

examination.

     (e) A certificate of licensure shall be issued by the real estate division of the department of

business regulation within thirty (30) days after it is requested at a cost of not more than twenty-

five dollars ($25.00) for each certificate issued.

 

 

 

52)

Section

Amended Chapter Numbers:

 

5-20.5-6

211 and 322

 

 

5-20.5-6. Duration and renewal of licenses -- Continuing education-rules and regulations --

Suspension or revocation of licenses.

     (a) If the director is satisfied that the applicant is competent and trustworthy and is

reasonably familiar with the statutes and law relating to real estate, he or she shall issue to the

applicant a license to act as a real estate broker or a real estate salesperson. The director shall

promulgate rules and regulations mandating the term of license for each category of license issued

pursuant to this chapter. No license shall remain in force for a period in excess of three (3) years.

Any fee for the initial issuance of a license or for renewal of a license issued pursuant to this chapter

is determined by multiplying the current annual fee by the term of years of the license or renewal.

The fee for the total number of years of the initial license or of the renewal shall be paid in full

prior to the issuance of the respective license. The license shall be renewed upon payment of the

renewal fee and proof of completion of any continuing education requirements as set forth in the

rules and regulations issued by the department of business regulation. Any license issued or

renewed may be suspended or revoked by the director, for cause, prior to the expiration date. The

director shall issue reasonable rules and regulations with the consent of the majority of the Rhode

Island real estate commission governing the conduct of licensed real estate brokers and

salespersons. These rules and regulations shall be designed to implement the laws and policies of

this state and to protect the interests of the public.

     (b) Except as provided in subsection (d) of this section, all applicants for a renewal license

for real estate brokers or real estate salespersons, shall submit proof to the director that they have

completed during the preceding two-(2) year (2) period, a minimum of twenty-four (24) classroom

hours of real estate oriented educational sessions or courses of instruction that have been previously

approved by the director. A minimum of three (3) of such classroom hours shall be comprised of

instruction about federal, Rhode Island, or local laws pertaining to fair housing and the treatment

of any individual in a protected class as designated in chapter 37 of title 34.

     (c) The license shall be renewed upon payment of the renewal fee and proof of completion

of continuing education requirements as set forth in the rules and regulations issued by the

department of business regulation. Any license issued or renewed may be suspended or revoked by

the director, for cause, prior to the expiration date. The director shall issue reasonable rules and

regulations with the consent of the majority of the Rhode Island real estate commission governing

the conduct of licensed real estate brokers and salespersons. These rules and regulations shall be

designed to implement the laws and policies of this state and to protect the interests of the public.

     (b)(d) Any rules or regulations promulgated with regard to the requirement of continuing

education for the renewal of any real estate broker's or salesperson's license whose application for

an initial broker's or salesperson's license is approved within one hundred eighty (180) days of the

expiration date of his or her initial license is not subject to the continuing education requirement at

the time of his or her first renewal. An attorney at law licensed by the supreme court of the state

and granted a license pursuant to § 5-20.5-4(d) is not subject to the continuing education

requirements. The director, after a due and proper hearing, may suspend, revoke, or refuse to renew

any license upon proof that it was obtained by fraud or misrepresentation or that the holder of the

license has been guilty of fraud or misrepresentation or criminal acts in the performance of his or

her functions, or upon proof that the holder of the license has violated this statute or any rule or

regulation issued pursuant to this statute.

     (c)(e) The director shall, for licenses issued or renewed after July 1, 2004, require proof of

reasonable familiarity with and knowledge of duties and responsibilities established by the lead

poisoning prevention act, chapter 24.6 of title 23, and the lead hazard mitigation act, chapter 128.1

of title 42. Notwithstanding the provisions of subsection (b) of this section, the requirements of this

subsection shall apply to first renewals when licenses were initially issued before July 1, 2004. This

subsection shall be put into force and effect by the director in the manner set forth in chapter 128.1

of title 42 and with the advice of the Rhode Island real estate commission.

 

 

 

 

53)

Section

Amended Chapter Numbers:

 

5-20.5-14

211 and 322

 

 

5-20.5-14. Revocation, suspension of license -- Probationary period -- Penalties.

     (a) The director may, upon his or her own motion, and shall, upon the receipt of the written

verified complaint of any person initiating a cause under this section, ascertain the facts and, if

warranted, hold a hearing for the suspension or revocation of a license. The director has power to

refuse a license for cause or to suspend or revoke a license or place a licensee on probation for a

period not to exceed one year where it has been obtained by false representation, or by fraudulent

act or conduct, or where a licensee, in performing or attempting to perform any of the acts

mentioned in this chapter, is found to have committed any of the following acts or practices:

     (1) Making any substantial misrepresentation;

     (2) Making any false promise of a character likely to influence, persuade, or induce any

person to enter into any contract or agreement when he or she could not or did not intend to keep

that promise;

     (3) Pursuing a continued and flagrant course of misrepresentation or making of false

promises through salespersons, other persons, or any medium of advertising, or otherwise;

     (4) Any misleading or untruthful advertising;

     (5) Failing to deposit money or other customers' funds received by a broker or salesperson

into an escrow account maintained by the broker that complies with the requirements set forth in §

5-20.5-26, upon execution of a purchase and sales agreement;

     (6) Failing to preserve for three (3) years following its consummation records relating to

any real estate transaction as described in the regulations issued by the department;

     (7) Acting for more than one party in a transaction without the knowledge and consent, in

writing, of all parties for whom he or she acts;

     (8) Placing a "for sale" or "for rent" sign on any property without the written consent of the

owner, or his or her authorized agent;

     (9) Failing to furnish a copy of any listing, sale, lease, or other contract relevant to a real

estate transaction to all signatories of the contract at the time of execution;

     (10) Failing to specify a definite termination date that is not subject to prior notice, in any

listing contract;

     (11) Inducing any party to a contract, sale, or lease to break that contract for the purpose

of substitution in lieu of that contract a new contract, where that substitution is motivated by the

personal gain of the licensee;

     (12) Accepting a commission or any valuable consideration by a salesperson for the

performance of any acts specified in this chapter, from any person, except the licensed real estate

broker with whom he or she is affiliated;

     (13) Failing to disclose to an owner his or her intention or true position if he or she, directly

or indirectly through a third party, purchases for himself or herself or acquires or intends to acquire

any interest in or any option to purchase property that has been listed with his or her office to sell

or lease;

     (14) Being convicted of any criminal felony in a court of competent jurisdiction of this or

any other state or federal court involving dishonesty, breach of trust, forgery, embezzlement,

obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, fraud,

false dealing, or any similar offense(s) or by pleading guilty or nolo contendere to any such criminal

offense or offenses;

     (15) Violating any rule or regulation promulgated by the department in the interest of the

public and consistent with the provisions of this chapter;

     (16) In the case of a broker licensee, failing to exercise adequate supervision over the

activities of his or her licensed salesperson within the scope of this chapter;

     (17) Failing or refusing to provide information requested by the commission or director as

the result of a formal or informal complaint to the director that would indicate a violation of this

chapter;

     (18) Soliciting, selling, or offering for sale real property by offering free lots or conducting

lotteries or contests or offering prizes for the purpose of influencing a purchaser or prospective

purchaser of real property;

     (19) Paying or accepting, giving, or charging any undisclosed commission, rebate,

compensation, or profit or expenditures for a principal or in violation of this chapter;

     (20) Any conduct in a real estate transaction that demonstrates bad faith, dishonesty,

untrustworthiness, or incompetence;

     (21) Failing to have all listing agreements in writing, properly identifying the property and

containing all of the terms and conditions of the sale, including the commission to be paid, the

signatures of all parties concerned, and a definite expiration date in that contract that shall not

require an owner to notify a broker of his or her intention to terminate. An exclusive agency listing

or exclusive right to sell listing shall be clearly indicated in the listing agreement;

     (22) Accepting a listing based on "net price." In cases where the owner wishes to list in this

manner, the agreed-upon commission is added and listings made in the usual manner;

     (23) Negotiating, or attempting to negotiate, the sale, exchange, or lease of any real

property directly with an owner or lessor knowing that the owner or lessor has an outstanding

exclusive listing contract with another licensee covering the same property, except when the real

estate broker or salesperson is contacted by the client of another broker regarding a real estate

service, and the broker or salesperson has not directly or indirectly initiated those discussions, they

may discuss the terms under which they might enter into a future agency agreement; or they may

enter into an agency agreement that becomes effective upon termination of any existing exclusive

agreement; or they may enter into an agreement for other real estate service not covered by an

existing agency relationship;

     (24) Accepting an exclusive right to sell or lease or an exclusive agency and subsequently

failing to make a diligent effort to sell or lease the listed property;

     (25) Advising against the use of the services of an attorney in any real estate transaction;

     (26) Representing to any lender or any other party in interest, either verbally or through the

preparation of a false sales contract, an amount other than the true and actual sales price;

     (27) Submitting to an owner a written offer to purchase or lease unless that offer contains

the essential terms and conditions of the offer, including the manner in which the purchase price is

to be paid, and if that offer is contingent upon certain conditions, those conditions shall be clearly

stated in the offer, or unless the offer is conditioned upon the later execution of a complete

agreement for sale;

     (28) Paying any sums of money being held in an escrow account to any person, or

converting the sums of money for his or her own use, in the event of a failed real estate transaction,

without having complied with the department's rules and regulations relative to the transfer of

disputed deposit funds to the office of the general treasurer;

     (29) Advertising to sell, buy, exchange, rent, or lease the property of another in a manner

indicating that the offer to sell, buy, exchange, rent, or lease that property is being made by a private

party not engaged in the real estate business, or inserting advertisements in any publication

containing only a post office or other box number, telephone number, or street address. No

salesperson shall advertise the property of another under his or her own name;

     (30) As a licensed salesperson, failing upon termination of his or her employment or

affiliation with a real estate broker and upon demand by the broker to immediately turn over to the

broker any and all information, records, or other materials obtained during his or her employment,

whether the information or records were originally given to him or her by the broker or copied from

the records of that broker or affiliation or acquired by the salesperson during his or her employment;

     (31) Offering, promising, giving, or paying, directly or indirectly, any part or share of his

or her commission or compensation arising or accruing from any real estate transaction to any

person who is not licensed as a real estate broker, but who, by law, should be licensed, or who is

not a real estate salesperson employed by that licensee;

     (32) Soliciting Violating chapter 37 of title 34 in his or her capacity as a real estate licensee,

including, but not limited to, soliciting the sale, lease, or the listing for sale or lease, of residential

property on the ground of loss of value due to the present or prospective entry in the neighborhood

of a person or persons of another race, religion, or ethnic origin, nor shall he or she distribute, or

cause to be distributed, material or make statements designed to induce a residential property owner

to sell or lease his or her property due to these factors;

     (33) Failure of the employing broker to notify the director, in writing, within ten (10) days

of the termination of a salesperson's employment or contractual relationship, or failure of a

salesperson to notify the director, in writing, within ten (10) days of any change in his or her broker

affiliation;

     (34) Failure to report all written offers to the owner prior to the signing of a purchase and

sale agreement by the owner;

     (35) Failure of agents to provide buyers and sellers of real property with disclosure

regarding real estate agency relationships as specified in chapter 20.6 of this title;

     (36) Failure of an associate broker to inform the public of associate broker status by not

listing associate broker on business cards and correspondence or by informing the public that his

or her status in the real estate firm is that of broker; or

     (37) Failure to pay sums of money being held in an escrow account, pursuant to § 5-20.5-

26, within ten (10) days of receipt of a written release that has been signed by all parties to a failed

real estate transaction.

     (b) The director is authorized to levy an administrative penalty not exceeding two thousand

dollars ($2,000) for any violation under this section or the rules and regulations of the department

of business regulation.

 

 

 

 

 

54)

Section

Amended Chapter Numbers:

 

5-25-14

400 and 401

 

 

5-25-14. Grounds for denial, revocation, or suspension of license.

     The division has the power to deny, revoke, or suspend any license issued under this

chapter or otherwise discipline a licensee upon proof of the following:

     (1) Conviction of a crime involving moral turpitude; conviction of a felony; and conviction

of a crime arising out of the practice of veterinary medicine;

     (2) Addiction to narcotics, habitual drunkenness, or rendering professional services to a

patient while the veterinarian is intoxicated or incapacitated by the use of drugs;

     (3) Knowingly placing the health of a client at serious risk without maintaining proper

precautions;

     (4) Fraud or misrepresentation in any phase of procuring or renewing a license;

     (5) Unprofessional conduct, which includes the matters set forth in this section or other

matters as further defined in regulations of the division;

     (6) Advertising designed to mislead the public;

     (7) Representing certain procedures are performed with greater authority or expertise;

     (8) Fraud or misrepresentation of treatment procedures or statements regarding the ability

to treat;

     (9) Fee splitting or kickbacks of any kind, except where services are provided jointly;

     (10) Failure to maintain acceptable sanitation standards;

     (11) Malpractice, gross negligence, or wanton disregard of accepted professional

standards;

     (12) Adjudication of mental incompetence;

     (13) Lack of fitness to practice by reason of mental or physical impairment or otherwise;

or

     (14) Any other grounds to deny, revoke, or suspend a license as provided for in the rules

and regulations.

 

 

 

 

 

 

55)

Section

Amended Chapter Numbers:

 

5-29-12

400 and 401

 

 

5-29-12. Refusal of licensure.

     (a) The director upon recommendation from the board shall, after due notice and a hearing

in accordance with procedures set forth in this chapter, refuse to grant the original license provided

for in this chapter to any podiatrist and/or applicant who is not of good moral character; who does

not meet the requirements for licensure set forth in this chapter and regulations established by the

board or director; who has violated any law involving moral turpitude or affecting the ability of

any podiatrist and/or applicant to practice podiatry; or who has been found guilty in another state

of conduct which that, if committed in Rhode Island, would constitute unprofessional conduct as

defined by the general laws and regulations adopted pursuant to the general laws.

     (b) The director shall serve a copy of the decision or ruling upon any person whose original

certificate has been refused.

 

 

 

 

 

 

 

 

 

56)

Section

Amended Chapter Numbers:

 

5-29-16

400 and 401

 

 

5-29-16. Unprofessional conduct.

     The term "unprofessional conduct" as used in this chapter includes, but is not limited to,

the following items or any combination of them and may be further defined by regulations

established by the board with the approval of the director:

     (1) Fraudulent or deceptive procuring or use of a license of limited registration;

     (2) All advertising of podiatry business that is intended or has a tendency to deceive the

public;

     (3) Conviction of a crime involving moral turpitude, conviction of a felony, or conviction

of a crime arising out of the practice of podiatry;

     (4) Abandonment of a patient;

     (5) Dependence upon a controlled substance, habitual drunkenness, or rendering

professional services to a patient while the podiatrist or limited registrant is intoxicated or

incapacitated by the use of drugs;

     (6) Promotion by a podiatrist or limited registrant 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 podiatrist or limited registrant;

     (7) Immoral conduct of a podiatrist or limited registrant in the practice of podiatry;

     (8) Willfully making and filing false reports or records in the practice of podiatry;

     (9) 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 podiatry/medical or other reports as

required by law;

     (10) Failure to furnish details of a patient's medical record to a succeeding podiatrist or

medical facility upon proper request pursuant to this chapter;

     (11) Solicitation of professional patronage by agents or persons or profiting from acts of

those representing themselves to be agents of the licensed podiatrist or limited registrant;

     (12) Division of fees or agreeing to split or divide the fees received for professional services

for any person for bringing to or referring a patient;

     (13) Agreeing with clinical or bioanalytical laboratories to accept payments from those

laboratories for individual tests or test series for patients, or agreeing with podiatry laboratories to

accept payment from those laboratories for work referred;

     (14) Willful misrepresentation in treatment;

     (15) Practicing podiatry with an unlicensed podiatrist except in accordance with the rules

and regulations of the board, or aiding or abetting those unlicensed persons in the practice of

podiatry;

     (16) Gross and willful overcharging for professional services, including filing of false

statements for collection of fees for which services are not rendered or willfully making or assisting

in making a false claim or deceptive claim or misrepresenting a material fact for use in determining

rights to podiatric care or other benefits;

     (17) Offering, undertaking, or agreeing to cure or treat disease by a secret method,

procedure, treatment, or medicine;

     (18) Professional or mental incompetence;

     (19) Incompetent, negligent, or willful misconduct in the practice of podiatry that includes

the rendering of unnecessary podiatry services and any departure from or the failure to conform to

the minimal standards of acceptable and prevailing podiatry practice in his or her area of expertise

as is determined by the board. The board does not need to establish actual injury to the patient in

order to adjudge a podiatrist or limited registrant to be guilty of unprofessional conduct;

     (20) Revocation, suspension, surrender, or limitation of privilege based on quality of care

provided or any other disciplinary action against a license to practice podiatry in another state or

jurisdiction, or revocation, suspension, surrender, or other disciplinary action as to membership on

any podiatry staff or in any podiatry or professional association or society for conduct similar to

acts or conduct that would constitute grounds for action as set forth in this chapter;

     (21) Any adverse judgment, settlement, or award arising from a medical liability claim

related to acts or conduct similar to acts or conduct that would constitute grounds for action as

defined in this chapter or regulations adopted pursuant to this chapter;

     (22) Failure to furnish the board, its director, investigator, or representative information

legally requested by the board;

     (23) Violation of any provisions of this chapter or the rules and regulations of the board or

any rules and regulations promulgated by the director or of an action, stipulation, or agreement of

the board;

     (24) Cheating on or attempting to subvert the licensing examination;

     (25) Violating any state or federal law or regulation relating to controlled substances;

     (26) Failure to maintain standards established by peer-review boards, including but not

limited to, standards related to proper utilization of services, and use of nonaccepted procedure or

quality of care; or

     (27) A podiatrist 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 podiatrist by the insurer as a condition of providing or continuing to provide services or

treatment.

 

 

 

 

 

 

 

57)

Section

Amended Chapter Numbers:

 

5-30-13

400 and 401

 

 

5-30-13. Continuing education requirements -- Grounds for refusal, revocation, or

suspension of certificates.

     (a) The division of professional regulation of the department of health may, after notice

and a hearing, in its discretion refuse to grant the certificate provided for in this chapter to any

chiropractic physician if the applicant has not furnished satisfactory evidence that he or she has

completed, in the twelve (12) months preceding each renewal date, at least twelve (12) hours of

instruction in chiropractic-related subjects as conducted by the Chiropractic Society of Rhode

Island or the equivalent as approved by the division. Satisfactory evidence of completion of

postgraduate study of a type and character, or at an educational session or institution approved by

the division, is considered equivalent. Every chiropractic physician licensed to practice within this

state, on or before the thirty-first day of October of every third year after the 1980 registration, shall

apply to the Rhode Island state board of chiropractic examiners for certification of triennial

registration with the board. The division may, after notice and a hearing, in its discretion refuse to

grant the certificate provided for in this chapter to any chiropractic physician, if the applicant has

not furnished satisfactory evidence to the board of examiners that in the preceding three (3) years

the practitioner has completed sixty (60) hours of instruction in chiropractic-related subjects

prescribed by the rules and regulations by the board of chiropractic examiners as conducted by the

Chiropractic Society of Rhode Island or the equivalent as approved by the division. Satisfactory

evidence of completion of postgraduate study of a type and character, or at an educational session

or institution approved by the division, is considered equivalent. The division may waive the

educational requirements if the division is satisfied that an applicant has suffered a hardship or for

any other sufficient reason was prevented from meeting the educational requirements.

     (b) The division of professional regulation of the department of health may, after notice

and hearing, in its discretion refuse to grant the certificate provided for in this chapter to any

chiropractic physician who is not of good moral character, or who has violated any of the laws of

the state involving moral turpitude or affecting the ability of any chiropractic physician to practice

chiropractic medicine, or who has been guilty of gross unprofessional conduct or conduct of a

character likely to deceive or defraud the public, and may, after notice and hearing, revoke or

suspend any certificate issued or granted by it for like cause or for any fraud or deception committed

in obtaining the certificate. "Gross unprofessional conduct" is defined as including, but not being

limited to:

     (1) The use of any false or fraudulent statement in any document connected with the

practice of chiropractic medicine;

     (2) The obtaining of any fee by willful fraud or misrepresentation, either to a patient or

insurance plan;

     (3) The willful violation of a privileged communication;

     (4) Knowingly performing any act that in any way aids or assists an unlicensed person to

practice chiropractic medicine in violation of this chapter;

     (5) The practice of chiropractic medicine under a false or assumed name;

     (6) The advertising for the practice of chiropractic medicine in a deceptive or unethical

manner;

     (7) The obtaining of a fee as personal compensation or gain for an employer or for a person

on a fraudulent representation that a manifestly incurable condition can be permanently cured;

     (8) Habitual intoxication or addiction to the use of drugs;

     (9) Willful or repeated violations of any of the rules or regulations of the state department

of health;

     (10) Gross incompetence in the practice of his or her profession;

     (11) Repeated acts of immorality or repeated acts of gross misconduct in the practice of his

or her profession;

     (12) The procuring or aiding or abetting in procuring a criminal abortion; or

     (13) A chiropractic physician 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 chiropractic physician by the insurer as a condition of providing or continuing

to provide services or treatment.

     (c) The division of professional regulation of the department of health shall serve a copy

of its decision or ruling upon any person whose certificate has been revoked or refused.

 

 

 

58)

Section

Amended Chapter Numbers:

 

5-31.1-1

184 and 199

 

 

5-31.1-1. Definitions.

     As used in this chapter:

     (1) "Board" means the Rhode Island board of examiners in dentistry or any committee or

subcommittee of the board.

     (2) "Chief of the division of oral health" means the chief of the division of oral health of

the Rhode Island department of health who is a licensed dentist possessing a masters degree in

public health or a certificate in public health from an accredited program.

     (3) "Dental administrator" means the administrator of the Rhode Island board of examiners

in dentistry.

     (4) "Dental hygienist" means a person with a license to practice dental hygiene in this state

under the provisions of this chapter.

     (5) "Dentist" means a person with a license to practice dentistry in this state under the

provisions of this chapter.

     (6) "Dentistry" is defined as the evaluation, diagnosis, prevention, and/or treatment

(nonsurgical, surgical, or related procedures) of diseases, disorders, and/or conditions of the oral

cavity, cranio-maxillofacial area, and/or the adjacent and associated structures and their impact on

the human body, provided by a dentist, within the scope of his or her education, training, and

experience, in accordance with the ethics of the profession and applicable law.

     (7) "Department" means the Rhode Island department of health.

     (8) "Direct visual supervision" means supervision by an oral and maxillofacial surgeon

(with a permit to administer deep sedation and general anesthesia) by verbal command and under

direct line of sight.

     (9) "Director" means the director of the Rhode Island department of health.

     (10) "Healthcare facility" means any institutional health service provider licensed pursuant

to the provisions of chapter 17 of title 23.

     (11) "Health-maintenance organization" means a public or private organization licensed

pursuant to the provisions of chapter 17 of title 23 or chapter 41 of title 27.

     (12) "Limited registrant" means a person holding a limited registration certificate pursuant

to the provisions of this chapter.

     (13) "Nonprofit medical services corporation" or "nonprofit hospital service corporation"

or "nonprofit dental service corporation" means any corporation organized pursuant to chapter 19

or 20 of title 27 for the purpose of establishing, maintaining, and operating a nonprofit medical,

hospital, or dental service plan.

     (14) "Peer-review board" means any committee of a state, local, dental or dental hygiene

association or society, or a committee of any licensed healthcare facility, or the dental staff of the

committee, or any committee of a dental care foundation or health-maintenance organization, or

any staff committee or consultant of a hospital, medical, or dental service corporation, the function

of which, or one of the functions of which, is to evaluate and improve the quality of dental care

rendered by providers of dental care service or to determine that dental care services rendered were

professionally indicated or were performed in compliance with the applicable standard of care or

that the cost for dental care rendered was considered reasonable by the providers of professional

dental care services in the area and includes a committee functioning as a utilization review

committee under the provisions of Pub. L. 89-97, 42 U.S.C. § 1395 et seq. (Medicare law), or as a

professional standards-review organization or statewide professional standards-review council

under the provisions of Pub. L. 92-603, 42 U.S.C. § 1301 et seq. (professional standards-review

organizations), or a similar committee or a committee of similar purpose, to evaluate or review the

diagnosis or treatment of the performance or rendition of dental services performed under public

dental programs of either state or federal design.

     (15) "Person" means any individual, partnership, firm, corporation, association, trust or

estate, state or political subdivision, or instrumentality of a state.

     (16) "Practice of dental hygiene." Any person is practicing dental hygiene within the

meaning of this chapter who performs those services and procedures that a dental hygienist has

been educated to perform and which services and procedures are, from time to time, specifically

authorized by rules and regulations adopted by the board of examiners in dentistry. Nothing in this

section is construed to authorize a licensed dental hygienist to perform the following: diagnosis and

treatment planning, surgical procedures on hard or soft tissue, prescribe medication, or administer

general anesthesia or injectables other than oral local anesthesia. A dental hygienist is only

permitted to practice dental hygiene under the general supervision of a dentist licensed and

registered in this state under the provisions of this chapter.

     (A) (i) Provided, that in order to administer local injectable anesthesia to dental patients,

dental hygienists must be under the supervision of a dentist and meet the requirements established

by regulation of the board of examiners in dentistry including payment of a permit fee.

     (17)(i)(A) "Practice of dentistry." Any person is practicing dentistry within the meaning of

this chapter who:

     (I) Uses or permits to be used, directly or indirectly, for profit or otherwise, for himself,

herself, or for any other person, in connection with his or her name, the word "dentist" or "dental

surgeon," or the title "D.D.S." or "D.M.D.," or any other words, letters, titles, or descriptive matter,

personal or not, that directly or indirectly implies the practice of dentistry;

     (II) Owns, leases, maintains, operates a dental business in any office or other room or rooms

where dental operations are performed, or directly or indirectly is manager, proprietor, or conductor

of this business;

     (III) Directly or indirectly informs the public in any language, orally, in writing, or in

printing, or by drawings, demonstrations, specimens, signs, or pictures that he or she can perform

or will attempt to perform, dental operations of any kind;

     (IV) Undertakes, by any means or method, gratuitously, or for a salary, fee, money, or other

reward paid or granted directly or indirectly to himself or herself, or to any other person, to diagnose

or profess to diagnose, or to treat or profess to treat, or to prescribe for, or profess to prescribe for,

any of the lesions, diseases, disorders, or deficiencies of the human oral cavity, teeth, gums,

maxilla, or mandible, and/or adjacent associated structures;

     (V) Extracts human teeth, corrects malpositions of the teeth or of the jaws;

     (VI) Except on the written prescription of a licensed dentist and by the use of impressions

or casts made by a licensed and practicing dentist, directly or indirectly by mail, carrier, personal

agent, or by any other method, furnishes, supplies, constructs, reproduces, or repairs prosthetic

dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth;

     (VII) Places those substitutes in the mouth and/or adjusts them;

     (VIII) Administers an anesthetic, either general or local, in the course of any of the

previously stated dental procedures; or

     (IX) Engages in any of the practices included in the curricula of recognized dental colleges;

     (B) Provided, that in order to administer any form of anesthesia, other than local, dentists

must meet the requirements established by regulation of the board of examiners in dentistry,

including training in advanced cardiac life support and pediatric advanced life support, and

payment of a permit fee.

     (ii) The board shall promulgate regulations relating to anesthesia. Those regulations shall

be consistent with the American Dental Association guidelines for the use of conscious sedation,

deep sedation, and general anesthesia in dentistry. Neither the board, nor any regulation

promulgated by the board, shall require additional licensing fees for the use of nitrous oxide by

dentists. Prior to the adoption of those regulations, dentists shall be permitted to administer

anesthesia without restriction. From the proceeds of any fees collected pursuant to the provisions

of this chapter, there is created a restricted receipts account that is used solely to pay for the

administrative expenses incurred for expenses of administrating this chapter.

     (iii) No non-dentist who operates a dental facility in the form of a licensed outpatient

healthcare center or management service organization may interfere with the professional judgment

of a dentist in the practice.

     (18) "Telemedicine" has the same meaning as provided in § 27-81-3.

 

 

 

59)

Section

Amended Chapter Numbers:

 

5-31.1-2

69 and 70

 

 

5-31.1-2. Board of examiners in dentistry -- Members -- Compensation -- Funds.

     (a) There is created within the department of health the Rhode Island board of examiners

in dentistry composed of the following members:

     (1) Eight (8) licensed dentists, no more than three (3) shall be dental specialists as

recognized by the American Dental Association (ADA) and at least one of the three (3) dental

specialists shall be an oral and maxillofacial surgeon;

     (2) Four (4) public members not associated with the dental field;

     (3) Two (2) licensed dental hygienists;

     (4) The chief of the office of dental public health, who shall serve as an ex-officio member

of the board; and

     (5) One certified dental assistant.

     (b) The governor shall appoint the members of the board, except that prior to appointing

the eight (8) dentist members, the governor may submit a list of all candidates to the appropriate

dental societies for comments as to their qualifications. No member shall be appointed for more

than two (2) consecutive full terms. A member appointed for less than a full term (originally or to

fill a vacancy) may serve two (2) full terms in addition to that part of a full term, and a former

member is again eligible for appointment after a lapse of one or more years. All subsequent

appointments to the board shall be for a term of three (3) years. Any member of the board may be

removed by the governor for neglect of duty, misconduct, malfeasance, or misfeasance in office

after being given a written statement of the charges against him or her and sufficient opportunity

to be heard on the charges. The director of the department of health shall appoint from the members

a chairperson who shall be a dentist duly licensed under the laws of the state of Rhode Island, and

a vice-chairperson who shall in the absence of the chairperson exercise all powers of the

chairperson, and secretary, who serve for one year or until their successors are appointed and

qualified. The board shall meet at least once a month or more often upon the call of the chairperson,

director of health, or dental administrator, at any times and places that the chairperson designates.

     (c) Members of the board shall not be paid for the discharge of official duties.

     (d) The director has the authority to suspend or revoke the license of any dentist or dental

hygienist who does not pay the annual fee. Monies shall be received by the department and

deposited in the general fund as general revenues.

 

 

 

 

60)

Section

Amended Chapter Numbers:

 

5-31.1-8

400 and 401

 

 

5-31.1-8. Refusal of licensure.

     (a) The director, upon recommendation from the board, after notice and hearing in

accordance with the procedures prescribed in this chapter, shall refuse to grant the original license

provided for in this chapter to any dentist, dental hygienist, DAANCE-certified maxillofacial

surgery assistant, and/or applicant who is not of good moral character; who does not meet the

requirements for licensure prescribed in this chapter and regulations established by the board or

director; who has violated any law involving moral turpitude or affecting the ability of any dentist,

dental hygienist, DAANCE-certified maxillofacial surgery assistant, and/or applicant to practice

dentistry, dental hygiene, or DAANCE-certified maxillofacial surgery assisting; or who has been

found guilty in another state of conduct that if committed in Rhode Island, would constitute

unprofessional conduct as defined in § 5-31.1-10 and regulations adopted under this chapter.

     (b) The director shall serve a copy of his or her decision or ruling upon any person whose

original certificate has been refused.

 

 

 

 

61)

Section

Chapter Numbers:

 

5-31.1-10

400 and 401

 

 

5-31.1-10. Unprofessional conduct.

     The term "unprofessional conduct" as used in this chapter includes, but is not limited to,

the following items or any combination of them and may be defined by regulations established by

the board with the approval of the director:

     (1) Fraudulent or deceptive procuring or use of a license or limited registration;

     (2) All advertising of dental, dental hygiene, or DAANCE-certified maxillofacial surgery

assisting business that is intended, or has a tendency, to deceive the public or a dentist advertising

as a specialty in an area of dentistry unless the dentist:

     (i) Is a diplomat of or a fellow in a specialty board accredited or recognized by the

American Dental Association; or

     (ii) Has completed a postgraduate program approved by the Commission on Dental

Accreditation of the American Dental Association;

     (3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of

a crime arising out of the practice of dentistry, dental hygiene, or DAANCE-certified maxillofacial

surgery assisting;

     (4) Abandonment of a patient;

     (5) Dependence upon controlled substances, habitual drunkenness, or rendering

professional services to a patient while the dentist, dental hygienist, DAANCE-certified

maxillofacial surgery assisting assisstant or limited registrant is intoxicated or incapacitated by the use of

drugs;

     (6) Promotion by a dentist, dental hygienist, DAANCE-certified maxillofacial surgery

assistant, or limited registrant of the sale of drugs, devices, appliances, or goods or services

provided for a patient in a manner as to exploit the patient for the financial gain of the dentist,

dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant;

     (7) Immoral conduct of a dentist, dental hygienist, DAANCE-certified maxillofacial

surgery assistant, or limited registrant in the practice of dentistry, dental hygiene, or DAANCE-

certified maxillofacial surgery assisting;

     (8) Willfully making and filing false reports or records in the practice of dentistry or dental

hygiene;

     (9) 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 dental or other reports as required

by law;

     (10) Failure to furnish details of a patient's dental record to succeeding dentists or dental

care facility upon proper request pursuant to this chapter;

     (11) Solicitation of professional patronage by agents or persons or profiting from acts of

those representing themselves to be agents of the licensed dentist, dental hygienist, or limited

registrant;

     (12) Division of fees, or agreeing to split or divide the fees, received for professional

services for any person for bringing to or referring a patient;

     (13) Agreeing with clinical or bioanalytical laboratories to accept payments from those

laboratories for individual tests or test series for patients, or agreeing with dental laboratories to

accept payment from those laboratories for work referred;

     (14) Willful misrepresentation in treatments;

     (15) Practicing dentistry with an unlicensed dentist or practicing dental hygiene with an

unlicensed dental hygienist or practicing DAANCE-certified maxillofacial surgery assisting with

an unlicensed DAANCE-certified maxillofacial surgery assistant, except in an accredited training

program, or with a dental assistant in accordance with the rules and regulations of the board or

aiding or abetting those unlicensed persons in the practice of dentistry or dental hygiene;

     (16) Gross and willful overcharging for professional services, including filing of false

statements for collection of fees for which services are not rendered, or willfully making or assisting

in making a false claim or deceptive claim or misrepresenting a material fact for use in determining

rights to dental care or other benefits;

     (17) Offering, undertaking, or agreeing to cure or treat disease by a secret method,

procedure, treatment, or medicine;

     (18) Professional or mental incompetence;

     (19) Incompetent, negligent, or willful misconduct in the practice of dentistry, dental

hygiene, or DAANCE-certified maxillofacial surgery assisting, including the rendering of

unnecessary dental services and any departure from, or the failure to conform to, the minimal

standards of acceptable and prevailing dental, dental hygiene, or DAANCE-certified maxillofacial

surgery assisting practice in his or her area of expertise as is determined by the board. The board

does not need to establish actual injury to the patient in order to adjudge a dentist, dental hygienist,

DAANCE-certified maxillofacial surgery assistant, or limited registrant guilty of the previously

named misconduct;

     (20) Failure to comply with the provisions of chapter 4.7 of title 23;

     (21) Revocation, suspension, surrender, or limitation of privilege based on quality of care

provided or any other disciplinary action against a license to practice dentistry, dental hygiene, or

DAANCE-certified maxillofacial surgery assisting in another state or jurisdiction, or revocation,

suspension, surrender, or other disciplinary action as to membership on any dental staff or in any

dental or professional association or society for conduct similar to acts or conduct that would

constitute grounds for action as prescribed in this chapter;

     (22) Any adverse judgment, settlement, or award arising from a dental-liability claim

related to acts or conduct similar to acts or conduct that would constitute grounds for action as

defined in this chapter or regulations adopted under this chapter;

     (23) Failure to furnish the board, its dental administrator, investigator, or representatives,

information legally requested by the board;

     (24) Violation of any provision or provisions of this chapter or the rules and regulations of

the board or any rules and regulations promulgated by the director or of an action, stipulation, or

agreement of the board;

     (25) Cheating on or attempting to subvert the licensing examination;

     (26) Violating any state or federal law or regulation relating to controlled substances;

     (27) Failure to maintain standards established by peer-review boards, including, but not

limited to, standards related to proper utilization of services, and use of nonaccepted procedure

and/or quality of care;

     (28) Malpractice as defined in § 5-37-1(8).

     (29) No person licensed to practice dentistry in the state of Rhode Island may permit a non-

dentist who operates a dental facility in the form of a licensed outpatient healthcare center or

management service organization to interfere with the professional judgment of the dentist in the

practice.

 

 

 

 

 

 

 

 

 

 

62)

Section

Added Chapter Numbers:

 

5-31.1-40

184 and 199

 

 

5-31.1-40. Telemedicine in the practice of dentistry.

     (a) Professionals licensed under this chapter utilizing telemedicine in the practice of

dentistry are subject to the same standard of care that would apply to the provision of the same

dental care service or procedure in an in-person setting.

 

 

 

 

63)

Section

Amended Chapter Numbers:

 

5-37-4

400 and 401

 

 

5-37-4. Refusal of licensure.

     (a) The director at the direction of the board shall, after notice and hearing, in accordance

with the procedures established in §§ 5-37-5.2 -- 5-37-6.2, refuse to grant the original license

provided for in this chapter to any physician and/or applicant:

     (1) Who is not of good moral character;

     (2) Who does not meet the requirements for licensure prescribed in this chapter, regulations

established by the board, and/or regulations promulgated by the director;

     (3) Who has violated any laws involving moral turpitude or affecting the ability of any

physician and/or applicant to practice medicine; or

     (4) Who has been found guilty in another state of conduct which that, if committed in

Rhode Island, would constitute unprofessional conduct as defined in § 5-37-5.1 and regulations

adopted under that section.

     (b) The director shall serve a copy of his or her decision or ruling upon any person whose

original certificate has been refused.

 

 

 

 

64)

Section

Amended Chapter Numbers:

 

5-37-5.1

400 and 401

 

 

5-37-5.1. Unprofessional conduct.

     The term "unprofessional conduct" as used in this chapter includes, but is not limited to,

the following items or any combination of these items and may be further defined by regulations

established by the board with the prior approval of the director:

     (1) Fraudulent or deceptive procuring or use of a license or limited registration;

     (2) All advertising of medical business that is intended or has a tendency to deceive the

public;

     (3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of

a crime arising out of the practice of medicine;

     (4) Abandoning a patient;

     (5) Dependence upon controlled substances, habitual drunkenness, or rendering

professional services to a patient while the physician or limited registrant is intoxicated or

incapacitated by the use of drugs;

     (6) Promotion by a physician or limited registrant of the sale of drugs, devices, appliances,

or goods or services provided for a patient in a manner as to exploit the patient for the financial

gain of the physician or limited registrant;

     (7) Immoral conduct of a physician or limited registrant in the practice of medicine;

     (8) Willfully making and filing false reports or records in the practice of medicine;

     (9) Willfully omitting 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;

     (10) Failing to furnish details of a patient's medical record to succeeding physicians,

healthcare facility, or other healthcare providers upon proper request pursuant to § 5-37.3-4;

     (11) Soliciting professional patronage by agents or persons or profiting from acts of those

representing themselves to be agents of the licensed physician or limited registrants;

     (12) Dividing fees or agreeing to split or divide the fees received for professional services

for any person for bringing to or referring a patient;

     (13) Agreeing with clinical or bioanalytical laboratories to accept payments from these

laboratories for individual tests or test series for patients;

     (14) Making willful misrepresentations in treatments;

     (15) Practicing medicine with an unlicensed physician except in an accredited

preceptorship or residency training program, or aiding or abetting unlicensed persons in the practice

of medicine;

     (16) Gross and willful overcharging for professional services; including filing of false

statements for collection of fees for which services are not rendered, or willfully making or assisting

in making a false claim or deceptive claim or misrepresenting a material fact for use in determining

rights to health care or other benefits;

     (17) Offering, undertaking, or agreeing to cure or treat disease by a secret method,

procedure, treatment, or medicine;

     (18) Professional or mental incompetency;

     (19) Incompetent, negligent, or willful misconduct in the practice of medicine, which

includes the rendering of medically unnecessary services, and any departure from, or the failure to

conform to, the minimal standards of acceptable and prevailing medical practice in his or her area

of expertise as is determined by the board. The board does not need to establish actual injury to the

patient in order to adjudge a physician or limited registrant guilty of the unacceptable medical

practice in this subsection;

     (20) Failing to comply with the provisions of chapter 4.7 of title 23;

     (21) Surrender, revocation, suspension, limitation of privilege based on quality of care

provided, or any other disciplinary action against a license or authorization to practice medicine in

another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action

relating to a membership on any medical staff or in any medical or professional association or

society while under disciplinary investigation by any of those authorities or bodies for acts or

conduct similar to acts or conduct that would constitute grounds for action as described in this

chapter;

     (22) Multiple adverse judgments, settlements, or awards arising from medical liability

claims related to acts or conduct that would constitute grounds for action as described in this

chapter;

     (23) Failing to furnish the board, its chief administrative officer, investigator, or

representatives, information legally requested by the board;

     (24) Violating any provision or provisions of this chapter or the rules and regulations of

the board or any rules or regulations promulgated by the director or of an action, stipulation, or

agreement of the board;

     (25) Cheating on or attempting to subvert the licensing examination;

     (26) Violating any state or federal law or regulation relating to controlled substances;

     (27) Failing to maintain standards established by peer-review boards, including, but not

limited to, standards related to proper utilization of services, use of nonaccepted procedure, and/or

quality of care;

     (28) A pattern of medical malpractice, or willful or gross malpractice on a particular

occasion;

     (29) Agreeing to treat a beneficiary of health insurance under title XVIII of the Social

Security Act, 42 U.S.C. § 1395 et seq., "Medicare Act," and then charging or collecting from this

beneficiary any amount in excess of the amount or amounts permitted pursuant to the Medicare

Act;

     (30) Sexual contact between a physician and patient during the existence of the

physician/patient relationship; or

     (31) Knowingly violating the provisions of subsection 23-4.13-2(d).

 

 

 

 

65)

Section

Amended Chapter Numbers:

 

5-37-5.1

414 and 415

 

 

5-37-5.1. Unprofessional conduct.

     The term "unprofessional conduct" as used in this chapter includes, but is not limited to,

the following items or any combination of these items and may be further defined by regulations

established by the board with the prior approval of the director:

     (1) Fraudulent or deceptive procuring or use of a license or limited registration;

     (2) All advertising of medical business, which that is intended or has a tendency to deceive

the public;

     (3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of

a crime arising out of the practice of medicine;

     (4) Abandoning a patient;

     (5) Dependence upon controlled substances, habitual drunkenness, or rendering

professional services to a patient while the physician or limited registrant is intoxicated or

incapacitated by the use of drugs;

     (6) Promotion by a physician or limited registrant of the sale of drugs, devices, appliances,

or goods or services provided for a patient in a manner as to exploit the patient for the financial

gain of the physician or limited registrant;

     (7) Immoral conduct of a physician or limited registrant in the practice of medicine;

     (8) Willfully making and filing false reports or records in the practice of medicine;

     (9) Willfully omitting 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;

     (10) Failing to furnish details of a patient's medical record to succeeding physicians, health

care healthcare facility, or other health care providers upon proper request pursuant to § 5-37.3-4;

     (11) Soliciting professional patronage by agents or persons or profiting from acts of those

representing themselves to be agents of the licensed physician or limited registrants;

     (12) Dividing fees or agreeing to split or divide the fees received for professional services

for any person for bringing to or referring a patient;

     (13) Agreeing with clinical or bioanalytical laboratories to accept payments from these

laboratories for individual tests or test series for patients;

     (14) Making willful misrepresentations in treatments;

     (15) Practicing medicine with an unlicensed physician except in an accredited

preceptorship or residency training program, or aiding or abetting unlicensed persons in the practice

of medicine;

     (16) Gross and willful overcharging for professional services; including filing of false

statements for collection of fees for which services are not rendered, or willfully making or assisting

in making a false claim or deceptive claim or misrepresenting a material fact for use in determining

rights to health care or other benefits;

     (17) Offering, undertaking, or agreeing to cure or treat disease by a secret method,

procedure, treatment, or medicine;

     (18) Professional or mental incompetency;

     (19) Incompetent, negligent, or willful misconduct in the practice of medicine which that

which includes the rendering of medically unnecessary services, and any departure from, or the

failure to conform to, the minimal standards of acceptable and prevailing medical practice in his or

her area of expertise as is determined by the board. The board does not need to establish actual

injury to the patient in order to adjudge a physician or limited registrant guilty of the unacceptable

medical practice in this subdivision subsection;

     (20) Failing to comply with the provisions of chapter 4.7 of title 23;

     (21) Surrender, revocation, suspension, limitation of privilege based on quality of care

provided, or any other disciplinary action against a license or authorization to practice medicine in

another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action

relating to a membership on any medical staff or in any medical or 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 that would constitute grounds for action as described in

this chapter;

     (22) Multiple adverse judgments, settlements, or awards arising from medical liability

claims related to acts or conduct which that would constitute grounds for action as described in

this chapter;

     (23) Failing to furnish the board, its chief administrative officer, investigator, or

representatives, information legally requested by the board;

     (24) Violating any provision or provisions of this chapter or the rules and regulations of

the board or any rules or regulations promulgated by the director or of an action, stipulation, or

agreement of the board;

     (25) Cheating on or attempting to subvert the licensing examination;

     (26) Violating any state or federal law or regulation relating to controlled substances;

     (27) Failing to maintain standards established by peer review boards, including, but not

limited to,: standards related to proper utilization of services, use of nonaccepted procedure, and/or

quality of care;

     (28) A pattern of medical malpractice, or willful or gross malpractice on a particular

occasion;

     (29) Agreeing to treat a beneficiary of health insurance under title XVIII of the Social

Security Act, 42 U.S.C. § 1395 et seq., "Medicare Act", and then charging or collecting from this

beneficiary any amount in excess of the amount or amounts permitted pursuant to the Medicare

Act;

     (30) Sexual contact between a physician and patient during the existence of the

physician/patient relationship; or

     (31) Knowingly violating the provisions of subsection § 23-4.13-2(d); or

     (32) Performing a pelvic examination or supervising a pelvic examination performed by

an individual practicing under the supervision of a physician on an anesthetized or unconscious

female patient without first obtaining the patient's informed consent to pelvic examination, unless

the performance of a pelvic examination is within the scope of the surgical procedure or diagnostic

examination to be performed on the patient for which informed consent has otherwise been

obtained or in the case of an unconscious patient, the pelvic examination is required for diagnostic

purposes and is medically necessary.

 

 

 

66)

Section

Amended Chapter Numbers:

 

5-37-6.3

396 and 397

 

 

5-37-6.3. Sanctions.

     If the accused is found guilty of unprofessional conduct as described in § 5-37-6.2, the

director, at the direction of the board, shall impose one or more of the following conditions:

     (1) Administer a reprimand;

     (2) Suspend or limit or restrict his or her license or limited registration to practice medicine;

     (3) Require him or her to serve a period of probation subject to certain conditions and

requirements including, where appropriate, sanctions or restitution;

     (4) Revoke indefinitely his or her license or limited registration to practice medicine;

     (5) Require him or her to submit to the care, counseling, or treatment of a physician or

program acceptable to the board;

     (6) Require him or her to participate in a program of continuing medical education in the

area or areas in which he or she has been judged deficient;

     (7) Require him or her to practice under the direction of a physician in a public institution,

public or private healthcare program, or private practice for a period of time specified by the board;

     (8) Assess against the physician the administrative costs of the proceedings instituted

against the physician under this chapter; provided, that this assessment does not exceed ten

thousand dollars ($10,000) thirty thousand dollars ($30,000);

     (9) Any other conditions or restrictions deemed appropriate under the circumstances.

 

 

 

 

67)

Section

Amended Chapter Numbers:

 

5-37.2

Chapter 5-37.2

 

 

THE PRACTICE OF ACUPUNCTURE AND CHINESE MEDICINE

 

 

 

68)

Section

Amended Chapter Numbers:

 

5-37.2-1

62 and 68

 

 

5-37.2-1.  Legislative declaration -- Acupuncture and Chinese Medicine.

     The practice of the healing art of acupuncture and Oriental Chinese medicine, and any

branch of acupuncture and Oriental Chinese medicine, is declared to be a learned profession,

affecting public safety and welfare and charged with the public interest, and subject to protection

and regulation by the state.

 

 

 

69)

Section

Amended Chapter Numbers:

 

5-37.2-1.1

62 and 68

 

 

5-37.2-1.1. Board of acupuncture and Chinese medicine.

     (a) The director of the department shall appoint a board of acupuncture and Oriental

Chinese medicine. The board shall consist of five (5) members, all of whom shall be residents of

the state, four (4) of whom shall be doctors of acupuncture and Oriental Chinese medicine licensed

by the department and engaged in the practice of acupuncture and Oriental Chinese medicine in the

state for at least five (5) years prior to their appointment, and there shall be one public member.

The members shall be appointed for terms of three (3) years; each member may serve a maximum

of two (2) consecutive, full terms. No member of the board of acupuncture and Oriental Chinese

medicine shall receive compensation for his or her attendance at meetings of the board.

     (b) The director of health may remove any member from the board for neglect of any duty

required by law or for any incompetency, unprofessional, or dishonorable conduct. Vacancies

created by voluntary resignation or removal by the director of health shall be filled in the same

manner as the original appointment was made for the remainder of the term.

 

 

 

70)

Section

Amended Chapter Numbers:

 

5-37.2-2

62 and 68

 

 

5-37.2-2. Definitions.

     Unless the context otherwise requires, the words, phrases, and derivatives employed in this

chapter have the meanings ascribed to them in this section:

     (1) "Acupuncture" means the insertion of needles into the human body by piercing the skin

of the body, for the purpose of controlling and regulating the flow of energy and blood in the body

physiology.

     (2) "Acupuncture and Chinese medicine" means a form of health care, with a foundation

in classical and modern Chinese medical concepts and theory, that employs Chinese medical

diagnostic methods such as pulse, tongue, palpation, and observational diagnosis, as well as

diagnostic techniques based on newer scientific models. "Acupuncture and Chinese medicine"

includes acupuncture and adjunct therapies for the promotion, maintenance, or restoration of health,

and the treatment, or prevention, of any ailment. The techniques and adjunct therapies of

"Acupuncture and Chinese medicine" may include acupuncture, electro-acupuncture, laser

acupuncture, moxibustion (heat therapy), cupping, TDP and infrared lamps, manual therapies such

as gua sha, cupping, and tui na, corrective exercises such as Qi Gong, Chinese herbal medicine,

dietary therapy, breathing exercises, and lifestyle change consultations.

     (3) "Auricular acudetox", also known as "5 Needle Protocol", "5NP", or "NADA protocol"

means a standardized point auricular acupuncture protocol, consisting of five (5) points:

Sympathetic, Shen Men, Liver, Kidney, and Lung, and was developed by the National Acupuncture

Detox Association (NADA) as an adjunct therapy for the treatment of addiction, substance use

disorder, mental and behavioral health, trauma, and for relief in disaster settings.

     (4) "Auricular acupuncture technician (AAT)" means a qualified individual, as defined in

this section, with auricular acupuncture technician training based on the program developed by

NADA, and is delivered by NADA, or its equivalent.

     (5) "Chinese herbal medicine" means traditional combinations of raw, granular

preparations of herbs to produce formulas from Chinese herbal literature, the modification of those

traditional combinations, or the writing of new formulas to address individual symptom

presentations, through addition, deletion, substitution, or change in dosages of ingredients and the

dispensing of these herbal preparations to patients, including in pill, tablet, capsule, or liquid form.

     (2)(6) "Department" means the state department of health.

     (7) "Doctor of acupuncture" means a person licensed under the provisions of this chapter

to practice acupuncture and Chinese medicine.

     (3)(8) "Doctor of acupuncture and Oriental Chinese medicine" means a person licensed

under the provisions of this chapter to practice the art of healing known as acupuncture and Oriental

Chinese medicine, and who has additional training, experience or certification to practice Chinese

herbal medicine.

     (4) "Oriental medicine" means a form of health care, based on classical Chinese medical

concepts and modern Oriental medical techniques, that employs Chinese medical diagnosis such

as pulse, tongue, palpatory, and observational diagnosis, as well as acupuncture therapies and

diagnostic techniques based on newer scientific models for the assessment, treatment, prevention,

and cure of any disease with the purpose of full health restoration. The techniques and modalities

of Oriental medicine include acupuncture, electro-acupuncture, laser acupuncture, moxibustion

(heat therapy), cupping, TDP and infrared lamps, Tuina, Qi Gong, Gwa/sha, thermography, herbal

GMP standardized therapy, homeopathy and supplement therapy, Chinese dieting therapy,

breathing exercises, and lifestyle change consultations.

     (9) "General supervision" means, but is not limited to, availability by telephone or other

electronic means during business hours.

     (10) "National Acupuncture Detoxification Association" or "NADA" means a not-for-

profit organization that provides a certificate of acudetox training.

     (11) "Qualified individual" means a licensed nurse, clinical social worker, mental health

counselor, certified peer recovery specialist, or certified alcohol or chemical dependency

professional, trained and certified in auricular acudetox. A qualified individual is required to be

under general supervision of a licensed acupuncturist pursuant to chapter 37.2 of this chapter.

 

 

 

 

71)

Section

Amended Chapter Numbers:

 

5-37.2-7

62 and 68

 

 

5-37.2-7. Powers of department.

     For the purpose of conducting its responsibilities under this chapter, the department shall:

     (1) Engage persons of established reputation and known ability in acupuncture and or

Oriental Chinese medicine as consultants to the department; the Rhode Island Society of

Acupuncture, and Oriental Medicine and any other professional association of acupuncture and or

Oriental Chinese medicine are designated as appropriate bodies with which the department shall

consult for referral of consultants and other assistance to the department;

     (2) Maintain an office in the state to carry out the provisions of this chapter;

     (3) Promulgate rules and regulations, or either of them, not inconsistent with the provisions

of this chapter. These rules and regulations may include a code of ethics regulating the professional

conduct of licensees; and

     (4) Compel the attendance of witnesses and the production of evidence by subpoena and

administer oaths.

 

 

 

 

72)

Section

Amended Chapter Numbers:

 

5-37.2-8.1

62 and 68

 

 

5-37.2-8.1. License required.

     (a) Unless licensed as a doctor of acupuncture and Oriental or Chinese medicine under this

chapter, or exempt from licensure under the provisions of this chapter, no person shall practice or

hold himself or herself out as practicing, or engaging in the practice of, acupuncture and Oriental

Chinese medicine, either for compensation or gratuitously.

     (b) This chapter shall not be construed to make unlawful the activities of persons involved

in research performed under the auspices of a federal- or state-regulated research institution.

 

 

 

 

 

 

 

 

73)

Section

Amended Chapter Numbers:

 

5-37.2-9

62 and 68

 

 

5-37.2-9. Special licensing.

     (a) Upon application to the department prior to July 1, 1980, any person who has been an

instructor in the art of acupuncture and Oriental or Chinese medicine at a domestic or foreign

college or university satisfactory to the department for a period of two (2) years and who has had

at least ten (10) years' experience, shall be granted a license by the department as a doctor of

acupuncture and Oriental or doctor of acupuncture and Chinese medicine without the necessity of

taking an examination.

     (b) An acupuncturist, licensed and in good standing to practice acupuncture in another

jurisdiction, may perform acupuncture or acupuncture and Chinese medicine while teaching or

demonstrating or providing acupuncture in connection with teaching or participating in an

educational seminar in Rhode Island.

     (c) An auricular acupuncture technician, qualified and trained to perform 5NP, may

perform the procedure within that individual's current scope of practice; provided, that the

individual obtains a certificate of training from a recognized organization or agency that meets or

exceeds NADA training.

     (d) Acudetox may be performed by auricular acupuncture technicians working in, or in

collaboration with, behavioral health and healthcare agencies, or other state-approved programs or

agencies.

     (e) Any complaints filed against an auricular acupuncture technician relating to the

performance of any 5NP procedure shall be handled by the licensing board or department in

conformance with the requirements of that individual's healthcare license or certification.

     (f) Any individual performing 5NP shall not use the title "acupuncturist" or "doctor of

acupuncture" or "doctor of acupuncture and Chinese medicine," as defined in § 5-37.2-2, or

otherwise represent himself or herself as an acupuncture professional and shall not perform

acupuncture outside of the scope of the auricular acudetox procedure.

     (g) Nothing in this chapter is intended to limit, interfere with, or prevent a certified

auricular acupuncture technician from practicing within the scope of their certification.

 

 

 

 

74)

Section

Amended Chapter Numbers:

 

5-37.2-10

62 and 68

 

 

5-37.2-10. Application for licenses -- Fees.

     An applicant for examination for a license to practice acupuncture and Oriental Chinese

medicine or any branch of acupuncture and Oriental Chinese medicine shall:

     (1) Submit an application to the department on forms provided by the department;

     (2) Submit satisfactory evidence that he or she the applicant is twenty-one (21) years or

older and meets the appropriate education requirements;

     (3) Pay a fee as set forth in § 23-1-54; and

     (4) Pay any fees required by the department for an investigation of the applicant or for the

services of a translator, if required, to enable the applicant to take the examination.

 

 

 

75)

Section

Amended Chapter Numbers:

 

5-37.2-12

62 and 68

 

 

5-37.2-12. Issuance of licenses to practice acupuncture.

     The department shall issue a license for the practice of acupuncture and Oriental Chinese

medicine where the applicant meets the requirements of § 5-37.2-12.1 except as exempted.

 

 

 

 

 

76)

Section

Amended Chapter Numbers:

 

5-37.2-12.1

62 and 68

 

 

5-37.2-12.1. Examination requirements and issuance of license.

     (a) No person shall be licensed as a doctor of acupuncture and Oriental or doctor of

acupuncture and Chinese medicine unless he or she the person has passed the examination by the

National Certification Commission for Acupuncture and Oriental Medicine or successor entity a

credentialing body approved by the department.

     (b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory proof

that he or she the applicant:

     (1) Is a United States citizen or legal alien;

     (2) Has demonstrated proficiency in the English language;

     (3) Is at least twenty-one (21) years of age;

     (4) Is of good moral character;

     (5) Has completed an accredited program of at least thirty-six (36) months and not less than

twenty-five hundred (2,500) one thousand nine hundred five (1,905) hours of training and has

received a certificate or diploma from an institute approved by the Accreditation Commission for

Schools and Colleges of Acupuncture and Oriental Medicine, or any accrediting body approved by

the department, according to the provisions of this chapter; provided, that this subdivision does not

apply to anyone licensed to practice under chapter 37 of this title who is qualified to take and pass

the test by the National Commission for the Certification of Acupuncture and Oriental Medicine

National Certification Commission for Acupuncture and Oriental Medicine, or any credentialing

body meeting the standards for professional certification programs approved by the department;

     (6) Has completed a clinical internship training that is designated as appropriate by the

National Commission for the Certification of Acupuncture and Oriental Medicine Accreditation

Commission for the Schools and Colleges of Acupuncture and Oriental Medicine (ACAOM) or

any credentialing body meeting the standards for professional certification programs approved by

the department; and

     (7) Has three (3) two (2) letters of reference from reputable individuals other than relatives

and at least two (2), one of which are is from a licensed or registered doctors doctor of acupuncture

and Oriental medicine or doctor of acupuncture and Chinese medicine.

     (c) Additional certification for the practice of Chinese herbal medicine.

     (1) A licensed acupuncturist is required to demonstrate that he or she the licensee is

qualified by training, experience, or certification to practice Chinese herbal medicine. The

department shall adopt rules specifying the training required for licensed acupuncturists to obtain

the certification to practice Chinese herbal medicine.

     (2) Licensees who obtained licensure prior to January 1, 2022, and employ herbal therapy,

including herbal formulations, and who submitted evidence of herbal training that the department

has determined was substantially equivalent or exceeded the ACAOM curricular requirements

regarding Chinese herbal medicine may continue to employ herbal therapy and may be granted a

doctor of acupuncture and Chinese medicine license by the department.

     (3) A licensee who is licensed on or after January 1, 2022, and who completed an ACAOM

accredited or candidate status Oriental medicine program, or Traditional traditional Chinese

medicine program, or who completed an herbal medicine program that the department determined

was substantially equivalent or exceeded the ACAOM curriculum requirements regarding herbal

medicine, or who has passed the Chinese herbal medicine examination by the National Certification

Commission for Acupuncture and Oriental Medicine or a credentialing body approved the

department, may continue to employ Chinese herbal medicine therapy, during the course of

treatment if the licensee has obtained department approval to employ herbal therapy, and shall be

granted a doctor of acupuncture and Chinese medicine license.

     (d) All licensees pursuant to this chapter shall adhere to procedures that employ the use of

disposable, single-use, sterile needles, with proper handling and disposal, and that follow the

provisions of universal precautions.

 

 

77)

Section

Amended Chapter Numbers:

 

5-37.2-12.2

62 and 68

 

 

5-37.2-12.2. Reciprocal licensing requirements.

     The health department may, at its discretion, issue a license without examination to a doctor

of acupuncture or doctor of acupuncture and Oriental Chinese medicine who has been licensed,

certified, or formally legally recognized as an acupuncturist in any state or territory if all three (3)

of the following conditions are met to its satisfaction:

     (1) The applicant meets the requirements of practice in the state or territory in which the

applicant is licensed, certified, or registered as an acupuncturist; and

     (2) The requirements for practice in the state or territory in which the applicant is licensed,

certified, or registered as an acupuncturist are at least as stringent as those of this state.; and

     (3) The state or territory in which the applicant is licensed, certified, or legally recognized

as an acupuncturist permits a practitioner licensed in this state to practice acupuncture and Oriental

medicine in that jurisdiction.

 

 

 

78)

Section

Amended Chapter Numbers:

 

5-37.2-12.3

62 and 68

 

 

5-37.2-12.3.  Continuing education for acupuncture and Chinese medicine.

     The health department shall establish, by regulation, mandatory continuing education

requirements for a doctor of acupuncture and Oriental a doctor of acupuncture and Chinese

medicine licensed in this state, including, but not limited to, the following:

     (1) Each person licensed under this chapter, whether or not residing within this state, shall

complete forty (40) hours of continuing education within each biennial renewal period, except

during the initial annual renewal period.

     (2) Continuing education hours will be accepted by the department for course work that

has been presented, accepted, or approved by a nationally recognized acupuncture and Oriental

Chinese medicine organization or its local chapter, or any accredited school of acupuncture and

Oriental Chinese medicine.

     (3) At the time of license renewal, each licensee is required to attest to the fact of having

complied with the requirements in this section. Course descriptions, proof of attendance, or other

documentation of completion will be retained by the licensee for a minimum of three (3) years and

is subject to random audit by the department. Failure to produce satisfactory documentation of

completion upon request by the department constitutes grounds for disciplinary action under the

provisions of this chapter.

     (4) Each person not obtaining the required number of hours of continuing education may

have his or her license renewed for just cause, as determined by the department, so long as the

department requires that the deficient hours of continuing education, and all unpaid fees, are made

up during the following renewal period in addition to the current continuing education requirements

for the renewal period. If any doctor of acupuncture and Oriental or doctor of acupuncture and

Chinese medicine fails to make up the deficient hours and complete the subsequent renewal period,

or fails to make up unpaid fees, then his or her license shall not be renewed until all fees are paid

and all the required hours are completed and documented to the department.

 

 

 

 

79)

Section

Amended Chapter Numbers:

 

5-37.2-14

62 and 68

 

 

5-37.2-14. Recordation and display of licenses -- Annual registration fee -- Penalties

for failure to pay fee.

     (a) Every person holding a license authorizing him or her the person to practice

acupuncture and Oriental Chinese medicine in this state shall record his or her the person’s license

with the city or town hall in the city or town where his or her office and residence are located. Every

licensee upon a change of residence or office shall have his or her certificate recorded in the same

manner in the municipality to which he or she has changed.

     (b) Every license shall be displayed in the office, place of business, or place of employment

of the license holder.

     (c) Every person holding a license shall pay to the department, on or before February 1 of

each year, the annual registration fee required pursuant to department rules and regulation. If the

holder of a license fails to pay the registration fee, his or her the holder’s license shall be

suspended. The license may be reinstated by payment of the required fee within ninety (90) days

after February 1.

     (d) A license that is suspended for more than three (3) months under the provisions of

subsection (c) may be canceled by the board after thirty (30) days' notice to the holder of the license.

     (e) [Deleted by P.L. 2007, ch. 73, art. 39, § 11.]

 

 

 

80)

Section

Amended Chapter Numbers:

 

5-37.2-15

(62 and 68), (400 and 401)

 

 

5-37.2-15. Suspension, revocation, or refusal of license -- Grounds.

     The department may either refuse to issue or may suspend or revoke any license for any

one or any combination of the following causes:

     (1) Conviction of a felony, conviction of any offense involving moral turpitude, or

conviction of a violation of any state or federal law regulating the possession, distribution, or use

of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of

the court;

     (2) The obtaining of, or any attempt to obtain, a license, or to practice in the profession for

money or any other thing of value, by fraudulent misrepresentations;

     (3) Gross malpractice;

     (4) Advertising by means of knowingly false or deceptive statement;

     (5) Advertising, practicing, or attempting to practice under a name other than one's own;

     (6) Habitual drunkenness or habitual addiction to the use of a controlled substance as

defined in § 21-28-1.02;

     (7) Using any false, fraudulent, or forged statement or document, or engaging in any

fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of

this chapter;

     (8) Sustaining a physical or mental disability that renders further practice dangerous;

     (9) Engaging in any dishonorable, unethical, or unprofessional conduct that may deceive,

defraud, or harm the public, or that is unbecoming a person licensed to practice under this chapter;

     (10) Using any false or fraudulent statement in connection with the practice of acupuncture

or any branch of acupuncture;

     (11) Violating, or attempting to violate, or assisting or abetting the violation of, or

conspiring to violate, any provision of this chapter;

     (12) Being adjudicated incompetent or insane;

     (13) Advertising in an unethical or unprofessional manner;

     (14) Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis,

therapy, or treatment;

     (15) Willfully disclosing a privileged communication;

     (16) Failure of a licensee to designate his or her school of practice in the professional use

of his or her name by the term "doctor of acupuncture and Oriental Chinese medicine";

     (17) Willful violation of the law relating to the health, safety, or welfare of the public, or

of the rules and regulations promulgated by the state board of health;

     (18) Administering, dispensing, or prescribing any controlled substance as defined in § 21-

28-1.02, except for the prevention, alleviation, or cure of disease or for relief from suffering; and

     (19) Performing, assisting, or advising in the injection of any liquid silicone substance into

the human body.

 

(400 and 401)

   (1) Conviction of a felony, conviction of any offense involving moral turpitude, or

conviction of a violation of any state or federal law regulating the possession, distribution, or use

of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of

the court;

 (16) Failure of a licensee to designate his or her school of practice in the professional use

of his or her name by the term "doctor of acupuncture and Oriental medicine";

 

 

 

 

81)

Section

Amended Chapter Numbers:

 

5-37.2-18

62 and 68

 

 

5-37.2-18. Reporting vital statistics.

     Doctors of acupuncture and Oriental Chinese medicine shall observe and be subject to all

state and municipal regulations relative to reporting all births and deaths in all matters pertaining

to the public health.

 

 

 

 

82)

Section

Amended Chapter Numbers:

 

5-37.2-19

62 and 68

 

 

5-37.2-19. Seminars not in accordance with department regulations prohibited --

Penalty.

     (a) No seminar concerning acupuncture and Oriental Chinese medicine may be conducted

in this state except in accordance with regulations prescribed by the department for bona fide

educational seminars.

     (b) Any person who violates subsection (a) of this section is guilty of a misdemeanor.

 

 

 

 

83)

Section

Amended Chapter Numbers:

 

5-37.2-20

62 and 68

 

 

5-37.2-20. Practice without a license a misdemeanor.

     A person who represents himself or herself as a practitioner of acupuncture and Oriental

Chinese medicine, or any branch of acupuncture and Oriental Chinese medicine, and who engages

in the practice of acupuncture and Oriental Chinese medicine, or any branch of acupuncture and

Oriental Chinese medicine, in this state without holding a valid license issued by the department is

guilty of a misdemeanor.

 

 

84)

Section

Amended Chapter Numbers:

 

5-37.2-21

62 and 68

 

 

5-37.2-21. Injunctive relief.

     (a) The department may maintain in any court of competent jurisdiction a suit for an

injunction against any person or persons practicing acupuncture and Oriental Chinese medicine, or

any branch of acupuncture and Oriental Chinese medicine, without a license.

     (b) This injunction:

     (1) May be issued without proof of actual damage sustained by any person, this provision

being understood to be a preventive as well as a punitive measure.

     (2) Shall not relieve the person from criminal prosecution for practicing without a license.

 

 

 

85)

Section

Added Chapter Numbers:

 

5-37.2-24

62 and 68

 

 

5-37.2-24. Meaning of terms in existing laws.

     When in any law, resolution, document, record, instrument, proceeding, or other place the

words "Oriental medicine" as applied in this chapter appear, they shall be construed to mean

"Chinese medicine".

 

 

 

86)

Section

Added Chapter Numbers:

 

5-37.3-12

212 and 213

 

 

5-37.3-12. Right to confidential communication of confidential  healthcare information.

     (a) As used in this section:

     (1) “Confidential communications request” means a request by a insured individual or

authorized representative covered under a health insurance policy that insurance communications

containing confidential health care healthcare information be communicated to him or her at a

specific mail or email address or specific telephone number, as designated by the insured individual

or authorized representative.

     (2) "Confidential health care healthcare information" shall have the same meaning as set

forth in § 5-37.3-3.

     (3) “Health insurer” shall have the same meaning as “managed-care entity” as defined in

§5-37.3-3.

     (4) “Health care Healthcare provider” shall have the same meaning as set forth in § 5-

37.3-3.

     (5) "Insured individual" means a covered individual under the policy and legally capable

of consenting to the provisions of covered benefits.

     (6) "Patient or authorized representative" shall have the same meaning as set forth in § 5-

37.3-3.

     (b) Notwithstanding any other law, and to the extent permitted by federal law, a health

insurer shall take the following steps to further protect the confidentiality of an insured individual's

confidential health care healthcare information:

     (1) A health insurer shall permit an insured individual or authorized representative to

submit a confidential communications request form as described in subsection (d) of this section.

A health insurer shall accommodate requests for communication in the form and format requested

by the insured individual or authorized representative, if it is readily producible in the requested

form and format. A health insurer shall permit that communications containing confidential health

care healthcare information be communicated to the insured individual or authorized

representative at a specific mail or email address or specific telephone number, as designated by

the insured individual or authorized representative.

     (2) A health insurer may require the insured individual or authorized representative to make

a request for a confidential communication described in subsection (b)(1) of this section, in writing

or by electronic transmission.

     (3) The confidential communication request shall be valid until the insured individual or

authorized representative submits a revocation of the request, or a new confidential communication

request is submitted.

     (4) For the purposes of this section, a confidential communications request must be

implemented by the health insurer within ten (10) calendar days of the receipt of an electronic

transmission or telephonic request or within ten (10) calendar days of receipt by first-class mail.

The health insurer shall acknowledge receipt of the confidential communications request and advise

the insured individual or authorized representative of the status of implementation of the request if

an insured individual or authorized representative contacts the insurer.

     (c) A health insurer shall not condition coverage on the waiver of rights provided in this

section.

     (d) All health insurers shall create a confidential communications request form that shall

be easily readable and prominently displayed on the health insurer’s website.

     (e) The department of health shall develop and disseminate to health care healthcare

providers information on best practices relating to how providers can support insured individuals

or authorized representatives requesting confidential communications including, but not limited to:

     (1) Ensuring that health care healthcare providers and health care healthcare staff are

aware and understand the requirements outlined in this section;

     (2) Having hard-copy versions of the standardized confidential communications request

form described in subsection (d) of this section, prominently displayed and available to insured

individuals or authorized representatives; and

     (3) Offering to submit the standardized confidential communications request form

described in subsection (d) of this section that has been completed by an insured individual or

authorized representative to that insured individual's health insurer.

     (f) The office of the health insurance commissioner and the department of health may adopt

reasonable rules and regulations for the implementation and administration of this chapter.

 

 

 

87)

Section

Amended Chapter Numbers:

 

5-37.4-2

37 and 38

 

 

5-37.4-2. Definitions.

     For purposes of this chapter:

     (1) "Chronic intractable pain" means pain that is: excruciating; constant; incurable, and of

such severity that it dominates virtually every conscious moment; and/or produces mental and

physical debilitation. A diagnosis and written documentation of chronic intractable pain made by a

physician licensed in the state of Rhode Island specializing in pain management, oncology, or

similar specialty defined in regulations shall constitute proof that the patient suffers from chronic

intractable pain.

     (1)(2) "Director" means the director of the department of health of the state of Rhode

Island.

     (2)(3) "Intractable pain" means a pain state that persists beyond the usual course of an acute

disease or healing of an injury or results from a chronic disease or condition that causes continuous

or intermittent pain over a period of months or years. Unless the context clearly indicates otherwise,

the term intractable pain includes chronic intractable pain.

     (3)(4) "Practitioner" means health care healthcare professionals licensed to distribute,

dispense, or administer controlled substances in the course of professional practice as defined in §

21-28-1.02(41).

     (4)(5) "Therapeutic purpose" means the use of controlled substances for the treatment of

pain in appropriate doses as indicated by the patient's medical record. Any other use is

nontherapeutic.

 

 

 

 

88)

Section

Amended Chapter Numbers:

 

5-37.4-3

37 and 38

 

 

5-37.4-3. Controlled substances.

     (a) A practitioner may prescribe, administer, or dispense controlled substances not

prohibited by law for a therapeutic purpose to a person diagnosed and treated by a practitioner for

a condition resulting in intractable pain, if this diagnosis and treatment has been documented in the

practitioner's medical records. No practitioner shall be subject to disciplinary action by the board

solely for prescribing, administering, or dispensing controlled substances when prescribed,

administered, or dispensed for a therapeutic purpose for a person diagnosed and treated by a

practitioner for a condition resulting in intractable pain, if this diagnosis and treatment has been

documented in the practitioner's medical records.

     (b) The provisions of subsection (a) of this section do not apply to those persons being

treated by a practitioner for chemical dependency because of their use of controlled substances not

related to the therapeutic purposes of treatment of intractable pain.

     (c) The provisions of subsection (a) of this section provide no authority to a practitioner to

prescribe, administer, or dispense controlled substances to a person the practitioner knows or should

know to be using the prescribed, administered, or dispensed controlled substance non-

therapeutically.

     (d) Drug dependency or the possibility of drug dependency in and of itself is not a reason

to withhold or prohibit prescribing, administering, or dispensing controlled substances for the

therapeutic purpose of treatment of a person for intractable pain, nor shall dependency relating

solely to this prescribing, administering, or dispensing subject a practitioner to disciplinary action

by the director.

     (e) In coordination with §§ 21-28-3.20 and 21-28-3.20.1, the director of health may

promulgate rules and regulations necessary to effectuate the purpose of this chapter and ensure that

patients with intractable or chronic intractable pain are treated or referred to an appropriate

specialist.

     (f) Nothing in this section shall be construed to prohibit a practitioner or pharmacist from

denying a prescription based on their best clinical judgement judgment.

     (e)(g) Nothing in this section shall deny the right of the director to deny, revoke, or suspend

the license of any practitioner or discipline any practitioner who:

     (1) Prescribes, administers, or dispenses a controlled substance that is nontherapeutic in

nature or nontherapeutic in the manner in which it is prescribed, administered, or dispensed, or fails

to keep complete and accurate on-going ongoing records of the diagnosis and treatment plan;

     (2) Fails to keep complete and accurate records of controlled substances received,

prescribed, dispensed, and administered, and disposal of drugs as required by law or of controlled

substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21

U.S.C. § 801, et seq. A practitioner shall keep records of controlled substances received, prescribed,

dispensed and administered, and disposal of these drugs shall include the date of receipt of the

drugs, the sale or disposal of the drugs by the practitioner, the name and address of the person

receiving the drugs, and the reason for the disposal or the dispensing of the drugs to the person;

     (3) Writes false or fictitious prescriptions for controlled substances as prohibited by law,

or for controlled substances scheduled in the Comprehensive Drug Abuse Prevention and Control

Act of 1970, 21 U.S.C § 801, et seq.; or

     (4) Prescribes, administers, or dispenses in a manner which is inconsistent with provisions

of the law, or the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §

801, et seq., any controlled substance.

     (f)(h) A practitioner may administer a controlled substance prescribed by a practitioner and

not prohibited by law for a therapeutic purpose to a person diagnosed and treated by a practitioner

for a condition resulting in intractable pain, if this diagnosis and treatment has been documented in

the practitioner's medical records. No practitioner shall be subject to disciplinary action by the

director solely for administering controlled substances when prescribed or dispensed for a

therapeutic purpose for a person diagnosed and treated by a practitioner for a condition resulting in

intractable pain, if this diagnosis and treatment has been documented in the practitioner's medical

records of the patient.

 

 

 

 

89)

Section

Amended Chapter Numbers:

 

5-37.7-2

362 and 364

 

 

5-37.7-2. Statement of purpose.

     The purpose of this chapter is to establish safeguards and confidentiality protections for

the HIE in order to improve the quality, safety, and value of health care, keep confidential health

information secure and confidential, and use the HIE to progress toward meeting public-health

goals by promoting interoperability, enhancing electronic communication between providers, and

supporting public health goals, while keeping confidential health care healthcare information

secure.

 

 

 

 

 

 

 

 

90)

Section

Amended Chapter Numbers:

 

5-37.7-3

362 and 364

 

 

5-37.7-3. Definitions.

     As used in this chapter:

     (a) "Agency" means the Rhode Island department of health.

     (b) "Authorization form" means the form described in § 5-37.7-7 and by which a patient

participant provides authorization for the RHIO to allow access to, review of, and/or disclosure of

the patient participant's confidential healthcare information by electronic, written, or other means.

     (c)(a) (1) "Authorized representative" means:

     (1) (i) A person empowered by the patient participant to assert or to waive confidentiality,

or to disclose or authorize the disclosure of confidential information, as established by this chapter.

That person is not, except by explicit authorization, empowered to waive confidentiality or to

disclose or consent to the disclosure of confidential information; or

     (2) (ii) A person appointed by the patient participant to make healthcare decisions on his

or her behalf through a valid durable power of attorney for healthcare health care as set forth in §

23-4.10-2; or

     (3) (iii) A guardian or conservator, with authority to make healthcare decisions, if the

patient participant is decisionally impaired; or

     (4) (iv) Another legally appropriate medical decision maker temporarily if the patient

participant is decisionally impaired and no healthcare agent, guardian, or conservator is available;

or

     (5) (v) If the patient participant is deceased, his or her personal representative or, in the

absence of that representative, his or her heirs-at-law; or

     (6) (vi) A parent with the authority to make healthcare decisions for the parent's child; or

     (7) (vii) A person authorized by the patient participant or his or her authorized

representative to access their confidential healthcare information from the HIE, including family

members or other proxies as designated by the patient, to assist the patient participant with the

coordination of their care.

     (d)(b) (2) "Business associate" means a business associate as defined by HIPAA.

     (e)(c) (3) "Confidential healthcare information" means all information relating to a patient

participant's patient's healthcare history, diagnosis, condition, treatment, or evaluation.

     (f)(d) (4) "Coordination of care" means the process of coordinating, planning, monitoring,

and/or sharing information relating to, and assessing a care plan for, treatment of a patient.

     (g)(e) (5) "Data-submitting partner" means an individual, organization, or entity who or

that has entered into a business associate agreement with the RHIO and submits a patient

participant's patient's confidential healthcare information through the HIE.

     (h)(f) (6) "Department of health" means the Rhode Island department of health.

     (i)(g) (7) "Disclosure report" means a report generated by the HIE relating to the record of

access to, review of, and/or disclosure of a patient's confidential healthcare information received,

accessed, or held by the HIE.

     (j)(h) (8) "Electronic mobilization" means the capability to move clinical confidential

health information electronically between disparate healthcare information systems while

maintaining the accuracy of the information being exchanged.

     (k)(i) (9) "Emergency" means the sudden onset of a medical, mental, or substance abuse

use, or other condition manifesting itself by acute symptoms of severity (e.g., severe pain) where

the absence of medical attention could reasonably be expected, by a prudent layperson, to result in

placing the patient's health in serious jeopardy, serious impairment to bodily or mental functions,

or serious dysfunction of any bodily organ or part.

     (l)(j) (10) "Healthcare provider" means any person or entity licensed by this state to provide

or lawfully providing healthcare services, including, but not limited to, a physician, hospital,

intermediate-care facility or other healthcare facility, dentist, nurse, optometrist, podiatrist,

physical therapist, psychiatric social worker, pharmacist, or psychologist, and any officer,

employee, or agent of that provider acting in the course and scope of his or her employment or

agency related to or supportive of healthcare services.

     (m)(k) (11) "Healthcare services" means acts of diagnosis, treatment, medical evaluation,

referral, or counseling, or any other acts that may be permissible under the healthcare licensing

statutes of this state.

     (n)(l) (12) "Health Information Exchange" or "HIE" means the technical system operated,

or to be operated, by the RHIO under state authority allowing for the statewide electronic

mobilization of confidential healthcare information, pursuant to this chapter.

     (o)(m) (13) "Health plan" means an individual plan or a group plan that provides, or pays

the cost of, healthcare services for a patient participant.

     (p)(n) (14) "HIE Advisory Commission" means the advisory body established by the

department of health in order to provide community input and policy recommendations regarding

the use of the confidential healthcare information of the HIE.

     (q)(o) (15) "HIPAA" means the Health Insurance Portability and Accountability Act of

1996, as amended.

     (r) "Participant" means a patient participant, a patient participant's authorized

representative, a provider participant, a data-submitting partner, the regional health information

organization, and the department of health, that has agreed to authorize, submit, access, and/or

disclose confidential healthcare information via the HIE in accordance with this chapter.

     (s) "Participation" means a patient participant's authorization, submission, access, and/or

disclosure of confidential healthcare information via the HIE in accordance with this chapter.

     (p) (16) "Opt out" means the ability of a patient to choose to not have their confidential

health care healthcare information disclosed from HIE in accordance with § 5-37.7-7.

     (t)(q) (17) "Patient participant" means a person who receives healthcare services from a

provider participant and has agreed to participate in the HIE through the mechanisms established

in this chapter.

     (u)(r) (18) "Provider participant" means a pharmacy, laboratory, healthcare provider, or

health plan who or that is providing healthcare services or pays for the cost of healthcare services

for a patient participant and/or is submitting and/or or accessing healthcare information through

the HIE and has executed an electronic and/or written agreement regarding disclosure, access,

receipt, retention, or release of confidential healthcare information to from the HIE.

     (v)(s) (19) "Regional health information organization" or "RHIO" means the organization

designated as the RHIO by the state to provide administrative and operational support to the HIE.

 

 

 

 

91)

Section

Amended Chapter Numbers:

 

5-37.7-4

362 and 364

 

 

5-37.7-4. Use of the health information exchange.

     (a) There shall be established a statewide HIE under state authority to allow for the

electronic mobilization of confidential healthcare information in Rhode Island. Confidential

healthcare information may only be accessed, released, or transferred from the HIE in accordance

with this chapter.

     (b) The state of Rhode Island has an interest in encouraging participation in use of the HIE

by all interested parties, including, but not limited to, healthcare providers, patients, health plans,

entities submitting information to the HIE, entities obtaining information from the HIE, and the

RHIO. The Rhode Island department of health is also considered a participant for public health

purposes.

     (c) Patients and health care providers Except as provided in § 5-37.7-7(b), patients shall

have the choice to participate in opt out of having their confidential health care healthcare

information disclosed from the HIE, as through the process defined by in regulations in accordance

with § 5-37.7-3; provided, however, that provider § 5-37.7-5.

     (d) Provider participants must continue to maintain their own medical record meeting the

documentation and other standards imposed by otherwise applicable law.

     (e) The state agencies may submit to the HIE and/or receive from the HIE applicable

confidential health care healthcare information for public health purposes.

     (d)(f) Participation in the HIE Nothing contained herein shall have no an impact on the

content of, or use or disclosure of, confidential healthcare information of patient participants

patients that is held in locations other than the HIE. Nothing in this chapter shall be construed to

limit, change, or otherwise affect entities' rights to exchange confidential healthcare information in

accordance with other applicable laws.

     (e)(g) The state of Rhode Island hereby imposes on the HIE and the RHIO as a matter of

state law, the obligation to maintain, and abide by the terms of, HIPAA-compliant business

associate agreements, including, without limitation, the obligations to use appropriate safeguards

to prevent use or disclosure of confidential healthcare information in accordance with HIPAA,

other state and federal laws, and this chapter; not to use or disclose confidential healthcare

information other than as permitted by HIPAA and this chapter; or to make any amendment to a

confidential healthcare record that a provider participant so directs; and to respond to a request by

a patient participant to make an amendment to the patient participant's confidential patient's

healthcare record.

 

 

 

 

92)

Section

Amended Chapter Numbers:

 

5-37.7-5

362 and 364

 

 

5-37.7-5. Regulatory oversight.

     (a) The director of the department of health shall develop regulations regarding the

confidentiality of patient participant information received, accessed, or held by the HIE and is

authorized to promulgate such other regulations as the director department deems necessary or

desirable to implement the provisions of this chapter, in accordance with the provisions set forth in

chapter 17 of title 23 and chapter 35 of title 42.

     (b) The department of health has exclusive jurisdiction over the HIE, except with respect

to the jurisdiction conferred upon the attorney general in § 5-37.7-13. This chapter shall not apply

to any other private and/or public-health information systems utilized within a healthcare provider

or other organization that provides healthcare services.

     (c) The department of health shall promulgate rules and regulations for the establishment

of an HIE advisory commission. that The HIE advisory commission, in consultation with the RHIO,

will be responsible for recommendations relating to the department regarding the use of, and

appropriate confidentiality protections for, the confidential healthcare information of the HIE,

subject to regulatory oversight by the department of health. Said The commission members shall

be subject to the advice and consent of the senate. The commission shall report annually to the

department of health and the RHIO, and such the report shall be made public.

 

 

 

 

93)

Section

Amended Chapter Numbers:

 

5-37.7-6

362 and 364

 

 

5-37.7-6. Regional health information organization.

     The RHIO shall, subject to and consistent with department regulations and contractual

obligations it has with the state of Rhode Island, be responsible for implementing recognized

national standards for interoperability and all administrative, operational, and financial functions

to support the HIE, including, but not limited to, implementing and enforcing policies for receiving,

retaining, safeguarding, and disclosing confidential healthcare information as required by this

chapter. The RHIO is deemed to be the steward of the confidential healthcare information for which

it has administrative responsibility. The HIE advisory commission shall be responsible for

recommendations to the department of health, and in consultation with the RHIO regarding the use

of the confidential healthcare information.

 

 

 

 

94)

Section

Amended Chapter Numbers:

 

5-37.7-7

362 and 364

 

 

5-37.7-7. Disclosure.

     (a)(1) Except as provided in subsection (b), a patient participant's or the patient's authorized

representative may opt out of having their the patient’s confidential healthcare information may

only be accessed, released, or transferred disclosed from the HIE in accordance with an

authorization form signed by the patient participant or the patient's authorized representative.

Patients shall be notified of their right to opt out of having their confidential health care healthcare

information disclosed from the HIE through the process provided by regulation in accordance with

§ 5-37.7-5.

     (b) No authorization for release or transfer of confidential health care information from the

HIE shall be required The opt out does not apply to disclosures in the following situations:

     (1) To a healthcare provider who believes, in good faith, that the information is necessary

for diagnosis or treatment of that individual in an emergency; or

     (2) 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,; and mandatory reporting laws set forth in Rhode

Island general laws; or

     (3) To the RHIO in order for it to effectuate the operation and administrative oversight of

the HIE; and

     (4) To a health plan, if the information is necessary for care management of its plan

members, or for quality and performance measure reporting.

     (c) The content of the authorization form for access to, or the disclosure, release, or transfer

of confidential health care information from the HIE, shall be prescribed by the RHIO in accordance

with applicable department of health regulations, but, at a minimum, shall contain the following

information in a clear and conspicuous manner: Notification and opt out procedures shall be

developed in consultation with the HIE advisory commission and provided in regulations

promulgated in accordance with § 5-37.7-5. Provider participants who or that share data with the

HIE shall notify their patients that data is being shared with the HIE to support the provision of

care, and inform their patients about the ability to opt out. At a minimum, the notification shall

contain the following information in a clear and concise manner:

     (1) A statement of the need for and proposed uses of that information; and that the patient's

provider is a provider participant in the HIE, and as such may share the patient's confidential health

care healthcare information through the HIE as permitted by this chapter and all applicable state

and federal law.

     (2) A statement that the authorization for access to, disclosure of, and/or release of

information may be withdrawn at any future time and is subject to revocation; patient may opt out

of having their confidential health care healthcare information disclosed from the HIE except as

provided pursuant to § 5-37.7-7(b) subsection (b) of this section.

     (3) That the patient has the right not to participate in the HIE; and A statement that a

patient's choice to opt out of disclosing their confidential health care healthcare information from

the HIE may be changed at any time.

     (4) The patient's right to choose to: (i) Enroll in and participate fully in the HIE; or (ii)

Designate only specific health care providers that may access the patient participant's confidential

health care information. The method for opting out shall be provided by regulation in accordance

with § 5-37.7-5.

     (d) Except as specifically provided by state or federal law or this chapter, or use for clinical

care, a patient participant's patient's confidential healthcare information shall not be accessed by,

given, sold, transferred, or in any way relayed from the HIE to any other person or entity not

specified in the patient participant authorization form meeting the requirements of subsection (c)

without first obtaining additional authorization.

     (e) Nothing contained in this chapter shall be construed to limit the permitted access to, or

the release, transfer, access, or disclosure of, confidential healthcare information described in

subsection (b) or under other applicable law.

     (f) Confidential healthcare information received, disclosed, or held by the HIE shall not be

subject to subpoena directed to the HIE or RHIO unless the following procedures have been

completed: (i) The person seeking the confidential healthcare information has already requested

and received the confidential healthcare information from the healthcare provider that was the

original source of the information; and (ii) A determination has been made by the superior court,

upon motion and notice to the HIE or RHIO and the parties to the litigation in which the subpoena

is served, that the confidential healthcare information sought from the HIE is not available from

another source and is either relevant to the subject matter involved in the pending action or is

reasonably calculated to lead to the discovery of admissible evidence in such pending action. Any

person issuing a subpoena to the HIE or RHIO pursuant to this section shall certify that such

measures have been completed prior to the issuance of the subpoena.

     (g) Nothing contained herein shall interfere with, or impact upon, any rights or obligations

imposed by the Workers' Compensation Act as contained in chapters 29--38 29 through 38 of title

28.

     (h) Nothing contained herein shall prohibit a health plan from becoming a data-submitting

partner. A data-submitting partner is not considered a managed-care entity or a managed-care

contractor, and the HIE is not considered a regional or local medical information database pursuant

to § 5-37.3-4.

 

 

 

 

95)

Section

Amended Chapter Numbers:

 

5-37.7-8

362 and 364

 

 

5-37.7-8. Security.

     The HIE must be subject to at least the following security procedures:

     (1) Authenticate the recipient of any confidential healthcare information disclosed by the

HIE pursuant to this chapter pursuant to rules and regulations promulgated by the agency

department;

     (2) Limit authorized access to personally identifiable confidential healthcare information

to persons having a need to know that information; additional employees or agents may have access

to de-identified information;

     (3) Identify an individual or individuals who have responsibility for maintaining security

procedures for the HIE;

     (4) Provide an electronic or written statement to each employee or agent as to the necessity

of maintaining the security and confidentiality of confidential healthcare information, and of the

penalties provided for in this chapter for the unauthorized access, release, transfer, use, or

disclosure of this information; and

     (5) Take no disciplinary or punitive action against any employee or agent for bringing

evidence of violation of this chapter to the attention of any person.

 

 

 

 

96)

Section

Amended Chapter Numbers:

 

5-37.7-10

362 and 364

 

 

5-37.7-10. Patient's rights.

     Pursuant to this chapter, a patient participant who has his or her confidential healthcare

information transferred through included in the HIE shall have the following rights:

     (1) To obtain a copy of his or her confidential healthcare information from the HIE;

     (2) To obtain a copy of the disclosure report pertaining to his or her confidential healthcare

information;

     (3) To be notified as required by chapter 49.3 of title 11, the Rhode Island identity theft

protection act, of a breach of the security system of the HIE;

     (4) To terminate change his or her participation opt out status in the HIE in accordance

with rules and regulations promulgated by the agency department;

     (5) To request to amend his or her own information through the provider participant;

     (6) To request his or her confidential healthcare information from the HIE be disclosed to

an authorized representative; and

     (7) To request his or her confidential healthcare information from the HIE be disclosed to

healthcare providers who are not provider participants as defined by this chapter.

 

 

 

97)

Section

Amended Chapter Numbers:

 

5-37.7-12

362 and 364

 

 

5-37.7-12. Reconciliation with other authorities.

     (a) This chapter shall only apply to the HIE system, and does not apply to any other private

and/or public-health information systems utilized in Rhode Island, including other health

information systems utilized within or by a healthcare facility or organization.

     (b) As this chapter provides extensive protection with regard to access to and disclosure of

confidential healthcare information by the HIE, it supplements, with respect to the HIE only, any

less stringent disclosure requirements, including, but not limited to, those contained in chapter 37.3

of this title, the Health Insurance Portability and Accountability Act (HIPAA) and regulations

promulgated thereunder, and any other less stringent federal or state law.

     (c) This chapter shall not be construed to interfere with any other federal or state laws or

regulations that provide more extensive protection than provided in this chapter for the

confidentiality of healthcare information. Notwithstanding such provision, because of the extensive

protections with regard to access to and disclosure of confidential healthcare information by the

HIE provided for in this chapter, patient authorization obtained for access to or disclosure of

information to or from the HIE or a provider participant shall be deemed the same authorization

required by other state or federal laws including information regarding mental health (the Rhode

Island mental health law, § 40.1-5-1 et seq.); HIV (§ 23-6.3-7); sexually transmitted disease (§§

23-6.3-7 and 23-11-9); alcohol and drug abuse (§ 23-1.10-1 et seq., 42 U.S.C. § 290dd-2), or genetic

information (§ 27-41-53, § 27-20-39, and § 27-19-44).

 

 

 

98)

Section

Amended Chapter Numbers:

 

5-40-1

207 and 327

 

 

5-40-1. Definitions.

     As used in this chapter:

     (1) "Board" means the board of physical therapy established by § 5-40-2.

     (2) "Department" means the department of health.

     (3) "Diagnostic imaging" means techniques used to capture an image of a body part. For

purposes of this chapter, diagnostic imaging shall include basic radiological imaging, commonly

referred to as x-ray imaging, but shall not include other methodologies such as computer

topography scan, ultrasound, bone scan, magnetic resonance imaging (MRI), or positron emission

tomography scan.

     (3)(4) "Examination" means an examination approved by the department in consultation

with the board.

     (4)(5) "License" means a license issued by the department to practice physical therapy.

     (5)(6) "Physical therapist" means an individual who is licensed by the department to

practice physical therapy.

     (6)(7) "Physical therapist assistant" means an individual who is licensed by the department

to assist in the practice of physical therapy under the supervision of a physical therapist.

     (7)(8) "Physical therapy" means the care and services provided by or under the direction

and supervision of a physical therapist who is licensed pursuant to this chapter.

     (8)(9) "Practice of physical therapy" means:

     (i)(A) Examination, evaluation, treatment, and instruction of patients/clients to detect,

assess, prevent, correct, alleviate, and limit physical disability, physical dysfunction, and pain from

injury, disease, and any other bodily conditions;

     (B) Administration, interpretation, and evaluation of tests and measurements of bodily

functions and structures;

     (C) The planning, administration, evaluation, and modification of treatment and

instruction, including the use of physical measures, activities, and devices, for preventive and

therapeutic purposes; and

     (D) The provision of consultative, educational, and other advisory services for the purpose

of reducing the incidence and severity of physical disability, physical dysfunction, and pain; and

     (E) Ordering diagnostic imaging and studies that are performed and interpreted by other

licensed health care healthcare professionals pursuant to the provisions of § 5-40-23.

     (ii) The practice of physical therapy does not include the practice of medicine as defined

in chapter 37 of this title.

     (9)(10) "Supervision" means that a licensed physical therapist is at all times responsible

for supportive personnel and students.

 

 

 

 

99)

Section

Added Chapter Numbers:

 

5-40-23

207 and 327

 

 

5-40-23. Ordering diagnostic imaging - Sunset.

     (a) Physical therapists licensed pursuant to § 5-40-7 may order diagnostic imaging as

defined in § 5-40-1 to be performed and interpreted by other licensed health care healthcare

professionals.

     (b) All diagnostic imaging tests ordered by a physical therapist shall be reported by the

physical therapist to the patient's designated primary care physician of record within seven (7) days

following receipt of the results. This reporting shall not be required if the patient does not have a

primary care physician.

     (c) Managed health care healthcare plans shall provide a utilization report to the general

assembly no later than September 1, 2022, and annually thereafter.

     (d) Unless extended by the general assembly, physical therapists shall not be authorized to

order diagnostic imaging as an authorized practice of physical therapy after December 31, 2023.

 

 

 

 

100)

Section

Amended Chapter Numbers:

 

5-40.1-14

400 and 401

 

 

5-40.1-14. Grounds for refusal to renew, suspension, or revocation of license.

     (a) The board may deny a license or refuse to renew a license or may suspend or revoke a

license or may impose probationary conditions if the licensee has been found guilty of

unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety

of the public. Unprofessional conduct includes:

     (1) Obtaining a license by means of fraud, misrepresentation, or concealment of material

facts;

     (2) Being found guilty of fraud or deceit in connection with his or her services rendered as

an occupational therapist or occupational therapy assistant;

     (3) Committing a felony, whether or not involving moral turpitude, or a misdemeanor

involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea

of "no contest" shall be conclusive evidence that a felony or misdemeanor was committed;

     (4) Violating any lawful order, rule, or regulation rendered or adopted by the board;

     (5) Failing to report, in writing, to the board any disciplinary decision issued against the

licensee or the applicant in another jurisdiction within thirty (30) days of the disciplinary decisions;

     (6) Violating any provision of this chapter; and

     (7) 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

occupational therapist by the insurer as a condition of providing or continuing to provide services

or treatment.

     (b) A denial, refusal to renew, suspension, revocation, or imposition of probationary

conditions upon the license may be ordered by the board or the director of the department of health

after a hearing in the manner provided by the administrative procedures act, chapter 35 of title 42.

     (c) The American Occupational Therapy Association's "Occupational Therapy Code of

Ethics" is adopted as a public statement of the values and principles used in promoting and

maintaining high standards of behavior in occupational therapy. These state:

     (1) Occupational therapy personnel shall demonstrate a concern for the well-being of the

recipients of their services;

     (2) Occupational therapy personnel shall respect the rights of the recipients of their

services;

     (3) Occupational therapy personnel shall achieve and continually maintain high standards

of competence;

     (4) Occupational therapy personnel shall comply with laws and association policies guiding

the profession of occupational therapy;

     (5) Occupational therapy personnel shall provide accurate information about occupational

therapy services; and

     (6) Occupational therapy personnel shall treat colleagues and other professionals with

fairness, discretion, and integrity.

 

 

 

101)

Section

Amended Chapter Numbers:

 

5-48-11

400 and 401

 

 

5-48-11. Grounds for suspension or revocation of licenses.

     The license of any speech-language pathologist or audiologist may be suspended or

revoked by the board upon proof that he or she:

     (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant,

licensee, holder, or for another;

     (2) Fraudulently or deceptively used a license;

     (3) Altered a license;

     (4) Aided or abetted unlicensed practice;

     (5) Committed fraud and deceit in the practice of speech-language pathology or of

audiology, including, but not limited to:

     (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful

advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia,

or any other representation;

     (ii) Falsely representing the use or availability of services or advice of a physician;

     (iii) Misrepresenting the applicant, licensee, or holder by using the word "doctor" or any

similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained

from an accredited institution;

     (iv) Making or filing a false report or record in the practice of speech-language pathology

or audiology;

     (v) Submitting a false statement to collect a fee; and

     (vi) Obtaining a fee through fraud or misrepresentation;

     (6) Providing services while mentally incompetent;

     (7) Engaging in illegal, incompetent, or habitually negligent practice;

     (8) Providing professional services while:

     (i) Under the influence of alcohol; or

     (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of

therapeutic amounts or without valid medical indication;

     (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit

from these devices, appliances, or products;

     (10) Violating any provision of this chapter, any lawful order given, or rule or regulation

adopted by the board or departure from or failure to conform to the current standards of acceptable

prevailing practice and code of ethics of speech-language pathology or audiology;

     (11) Being convicted of, or pleading guilty or nolo contendere to, a felony or to a crime

involving moral turpitude, whether or not any appeal or another proceeding is pending to have the

conviction or plea set aside;

     (12) Incompetent or negligent misconduct in the practice of speech-language pathology or

audiology;

     (13) Is habitually intemperate or is addicted to the use of habit-forming drugs;

     (14) Being disciplined by a licensing or disciplinary authority of any other state or country,

or convicted or disciplined by a court of any state or country, for an act that would be grounds for

disciplinary action under this section; or

     (15) Failing to maintain continuing education requirements.

 

 

 

102)

Section

Amended Chapter Numbers:

 

5-49-12

400 and 401

 

 

5-49-12. Complaints -- Grounds and proceedings for revocation or suspension of

licenses.

     (a)(1) Any person wishing to make a complaint against a licensee under this chapter shall

file this complaint, in writing, with the department, within one year from the date of the action upon

which the complaint is based.

     (2) If the department determines the charges made in the complaint are sufficient to warrant

a hearing to determine whether the license issued under this chapter should be suspended or

revoked, it shall make an order fixing a time and place for a hearing and shall require the licensee

complained against to appear and defend against the complaint. The order shall have annexed to it

a copy of the complaint.

     (3) The order and copy of the complaint shall be served upon the licensee, either personally

or by registered mail sent to the licensee's last known address, at least twenty (20) days before the

date set for the hearing.

     (4) Continuances or an adjournment of the hearing shall be made if for good cause.

     (5) At the hearing, the licensee complained against may be represented by counsel.

     (6) The licensee complained against and the department shall have the right to take

depositions in advance of the hearing and after service of the complaint, and either may compel the

attendance of witnesses by subpoenas issued by the department under its seal.

     (7) Either party taking depositions shall give at least five (5) days' written notice to the

other party of the time and place of those depositions, and the other party has the right to attend

(with counsel if desired) and cross-examine.

     (8) Appeals from suspension or revocation may be made through the appropriate

administrative procedures act.

     (b) Any person registered under this chapter may have his or her license revoked or

suspended for a fixed period by the department for any of the following causes:

     (1) The conviction of a felony, or a misdemeanor involving moral turpitude. The record of

conviction, or a certified copy, certified by the clerk of the court or by the judge in whose court the

conviction was had, shall be conclusive evidence of this conviction;

     (2) Procuring a license by fraud or deceit practiced upon the department;

     (3) Unethical conduct, including:

     (i) Obtaining any fee or making any sale by fraud or misrepresentation;

     (ii) Knowingly employing, directly or indirectly, any suspended or unregistered person to

perform any work covered by this chapter;

     (iii) Using, or causing, or promoting the use of, any advertising matter, promotional

literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation,

however disseminated or published, that is misleading, deceptive, or untruthful;

     (iv) Advertising a particular model or type of hearing aid for sale when purchasers or

prospective purchasers responding to the advertisement cannot purchase the advertised model or

type, where it is established that the purpose of the advertisement is to obtain prospects for the sale

of a different model or type than that advertised;

     (v) Representing that the service or advice of a person licensed to practice medicine will

be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing

aids when that is not true;

     (vi) Habitual intemperance;

     (vii) Gross immorality;

     (viii) Permitting another's use of a license;

     (ix) Advertising a manufacturer's product or using a manufacturer's name or trademark that

implies a relationship with the manufacturer that does not exist;

     (x) Directly or indirectly giving or offering to give, or permitting or causing to be given,

money or anything of value to any person who advises another in a professional capacity, as an

inducement to influence him or her, or have him or her influence others, to purchase or contract to

purchase products sold or offered for sale by a hearing aid dealer or fitter, or influencing persons

to refrain from dealing in the products of competitors;

     (xi) Representing, when this is not the case, that the hearing aid is or will be "custom-

made," "made to order," or "prescription-made," or in any other sense specially fabricated for an

individual person;

     (4) Knowingly placing the health of a client at serious risk without maintaining proper

precautions;

     (5) Engaging in the fitting and sale of hearing aids under a false name or alias with

fraudulent intent;

     (6) Selling a hearing aid to a person who has not been given tests utilizing appropriate

established procedures and instrumentation in fitting of hearing aids, except in cases of selling

replacement hearing aids. Selling a hearing aid to a person who has discharge from the ear, loss of

balance and dizzy spells, or a loss of hearing for less than ninety (90) days, unless that person has

received a prescription from a physician;

     (7) Gross incompetence or negligence in fitting and selling hearing aids;

     (8) Violating any provisions of this chapter.

 

 

 

 

103)

Section

Amended Chapter Numbers:

 

5-51-17

400 and 401

 

 

5-51-17. Revocation or suspension of licenses or certificates of authorization.

     After notice and a hearing as provided in § 5-51-17.1, the director may in his or her

discretion or upon recommendation of the board: suspend, revoke, or take other permitted action

with respect to any license; and/or revoke, suspend, or take other permitted action with respect to

any certificate of authorization; and/or publicly censure, or reprimand or censure in writing; and/or

limit the scope of practice of; and/or impose an administrative fine upon (not to exceed one

thousand dollars ($1,000) for each violation); and/or place on probation; and/or for good cause

shown, order a reimbursement of the department for all fees, expenses, costs, and attorney's fees in

connection with the proceedings (which amounts shall be deposited as general revenues), all with

or without terms, conditions, or limitations, holders of a license or certificate of authorization

(hereafter referred to as licensee(s)), for any one or more of the following causes:

     (1) Bribery, fraud, deceit, or misrepresentation in obtaining a license or certificate of

authorization;

     (2) Practicing landscape architecture in another state or country or jurisdiction in violation

of the laws of that state or country or jurisdiction;

     (3) Practicing landscape architecture in this state in violation of the standards of

professional conduct established by the board and approved by the director;

     (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the

practice of landscape architecture;

     (5) Use of a landscape architect's stamp in violation of § 5-51-11;

     (6) Violation of any of the provisions of this chapter or chapter 84 of this title;

     (7) Suspension or revocation of the right to practice landscape architecture before any state

or before any other country or jurisdiction;

     (8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of, or

an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses involving

moral turpitude, in a court of competent jurisdiction of this state or any other state or of the federal

government;

     (9) Failure to furnish to the department and/or board, or any person acting on behalf of the

board, in a reasonable time the information that may be legally requested by the department and/or

board;

     (10) In conjunction with any violation of subsections (1) through (9) of this section, any

conduct reflecting adversely upon the licensee's fitness to engage in the practice of landscape

architecture; and

     (11) In conjunction with any violation of subsections (1) through (9) of this section, any

other conduct discreditable to the landscape architectural profession.

 

 

 

104)

Section

Amended Chapter Numbers:

 

5-54-2

400 and 401

 

 

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 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.

     (6) "Director" means the director of the department of health.

     (7) "Division" means the division of professional regulation, department of health.

     (8) [Deleted by P.L. 2013, ch. 320, § 1 and P.L. 2013, ch. 420, § 1].

     (9) "Physician" means a person licensed under the provisions of chapter 29 or 37 of this

title.

     (10) "Physician assistant" or "PA" means a person who is qualified by academic and

practical training to provide medical and surgical services in collaboration with physicians.

     (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 that 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 that 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 that 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.

 

 

105)

Section

Amended Chapter Numbers:

 

5-56.1-8

400 and 401

 

 

5-56.1-8. Denial, suspension, and revocation of licenses -- Censure.

     (a) The licensing authority may deny, suspend, or revoke a designer's license if the person

or licensed designer fails to comply with the requirements prescribed in this chapter or any

regulation promulgated under this chapter or where the person or licensed designer:

     (1) Provided incorrect, incomplete, or misleading information in obtaining a designer's

license; or

     (2) Demonstrated gross or repeated negligence, incompetence, or misconduct in the

representation of site conditions in an application to the department of environmental management,

design of an ISDS, or inspection or certification of an installation of an ISDS; or

     (3) Committed a felony involving moral turpitude Has been convicted of a felony; or

     (4) Failed or neglected to comply with continuing-education requirements established by

the licensing authority.

     (b) An action to suspend or revoke a designer's license pursuant to subsection (a) may not

be taken until after the licensed designer has an opportunity to have a hearing before the licensing

authority. This hearing shall be held within thirty (30) days of written notice of intent to suspend

or revoke the license.

     (c) The licensing authority shall appoint a review panel consisting of five (5) members, at

least three (3) of whom shall be licensed designers not employed by the licensing authority, for the

purpose of reviewing and hearing disciplinary actions contemplated under subsection (b). The

review board shall make recommendations to the licensing authority to suspend or revoke licenses.

All final decisions shall be made by the licensing authority.

     (d) Any person aggrieved by the denial of an application for a license pursuant to § 5-56.1-

4, or a denial, suspension, or revocation of a license pursuant to this section, may request a formal

hearing pursuant to § 42-17.1-2(21) that shall be granted, if requested, in writing by the aggrieved

applicant or licensee within ten (10) days of the denial, suspension, or revocation.

     (e) The licensing authority may publicly censure any licensed designer whose license was

suspended or revoked.

 

 

 

106)

Section

Amended Chapter Numbers:

 

5-60-14

400 and 401

 

 

5-60-14. Grounds for refusal or revocation of licenses.

     The board may refuse to issue a license to an applicant or may suspend, revoke, or refuse

to renew the license of any licensee if he or she has:

     (1) Been convicted of a felony or misdemeanor involving moral turpitude, the record of

conviction being conclusive evidence of conviction if the department determines after investigation

that the person has not been sufficiently rehabilitated to warrant the public trust;

     (2) Secured a license under this chapter by fraud or deceit; or

     (3) Violated or conspired to violate this chapter or rules or regulations issued pursuant to

this chapter.

 

 

 

107)

Section

Amended Chapter Numbers:

 

5-61-3.2

400 and 401

 

 

5-61-3.2. Other grounds for denial of registration.

     The department may delay, reject, or revoke a registration if the department finds that a

telephonic seller or any person applying for registration as a telephonic seller, including, but not

limited to, owners, operators, officers, directors, partners, or other individuals engaged in the

management activities of a business entity:

     (1) Has been convicted or found guilty of, or has entered a plea of guilty or a plea of nolo

contendere to, racketeering or any offense involving fraud, theft, embezzlement, fraudulent

conversion, or misappropriation of property, or any other crime involving moral turpitude;

     (2) For purposes of this section, a plea of nolo contendere is a conviction;

     (3) Has had entered against him or her or an affiliated business, an injunction, a temporary

restraining order, or a final judgment or order, including a stipulated judgment or order, an

assurance of voluntary compliance, or any similar document, in any civil or administrative action

involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of

property or the use of any untrue or misleading representations in an attempt to sell or dispose of

real or personal property or the use of any unfair, unlawful, or deceptive trade practice;

     (4) Is subject to, or has been affiliated with, any company that is, or ever has been, subject

to any injunction, temporary restraining order, or final judgment or order, including a stipulated

judgment or order, an assurance of voluntary compliance, or any similar document, or any

restrictive court order relating to a business activity as the result of any action brought by a

governmental agency, including any action affecting any license to do business or practice an

occupation or trade;

     (5) Has at any time during the previous seven (7) years filed for bankruptcy, been adjudged

bankrupt, or been reorganized because of insolvency;

     (6) Has been a principal, director, officer, or trustee of, or a general or limited partner in,

or had responsibilities as a manager in, any corporation, partnership, joint venture, or other entity

that filed for bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency within

one year after the person held that position;

     (7) Has been previously convicted of, or found to have been, acting as a salesperson or

telephonic seller without a registration or whose registration has previously been refused, revoked,

or suspended in any jurisdiction;

     (8) Falsifies or willfully omits any material information asked for in any application,

document, or record required to be submitted or retained under this chapter;

     (9) Makes a material false statement in response to any request or investigation by the

department;

     (10) Refuses or fails, after notice, to produce any document or record or disclose any

information required to be produced or disclosed under this chapter or the rules of the department;

or

     (11) Otherwise violates or is operating in violation of any of the provisions of this chapter

or of the rules adopted or court orders issued pursuant to the provisions of this chapter.

 

 

 

108)

Section

Amended Chapter Numbers:

 

5-65.1-11

400 and 401

 

 

5-65.1-11. Grounds for discipline -- Injunctions.

     (a) After a hearing in accordance with the administrative regulations promulgated by the

board, the board may revoke, suspend, or refuse to issue, reinstate, or reissue a license if the board

determines that a licensee or applicant has:

     (1) Disclosed any information concerning the results of the home inspection without the

approval of a client or the client's representatives;

     (2) Accepted compensation from more than one interested party for the same service

without the consent of all interested parties;

     (3) Accepted commissions or allowances, directly or indirectly, from other parties dealing

with his or her client in connection with the inspection for which the licensee is responsible;

     (4) Failed to promptly disclose to a client information about any business interest of the

licensee that may affect the client in connection with the home inspection;

     (5) Obtained a license or authorization to sit for an examination, as the case may be, through

fraud, deception, or misrepresentation;

     (6) Engaged in the use or employment of dishonesty, fraud, deception, misrepresentation,

false promise, or false pretense;

     (7) Engaged in gross negligence, gross malpractice, or gross incompetence;

     (8) Engaged in repeated acts of negligence, malpractice, or incompetence;

     (9) Engaged in professional or occupational misconduct as may be determined by the

board;

     (10) Been convicted of any crime involving moral turpitude or any crime relating adversely

to the activity regulated by the board. For the purpose of this subsection, a plea of guilty or nolo

contendere shall be deemed a conviction;

     (11) Had his or her authority to engage in the activity regulated by the board revoked or

suspended by any other state, agency, or authority for reasons consistent with this section;

     (12) Attempted to limit liability for negligent or wrongful errors or omissions by use of a

clause within a performance contract that limits the damages for negligent or wrongful errors or

omissions;

     (13) Failed to provide a written report of the completed home inspection;

     (14) Violated or failed to comply with any order of the board or provisions of this chapter

or any rule or regulation promulgated and administered by the board pursuant to this chapter;

     (15) Become incapable, for medical or any other material reason, of discharging the

functions of a licensee in a manner consistent with the public's health, safety, and welfare;

     (16) Failed to obtain or maintain the insurance required by § 5-65.1-10;

     (17) Knowingly assisted an unlicensed person to act in violation of this chapter; or

     (18) Failed to comply with the provisions of § 5-20.8-8.

     (b) In addition to all other remedies, when it appears to the board that a person has engaged

in, or is engaging in, any act, practice, or transaction that violates the provisions of this chapter, the

board may direct the attorney general to apply to the court for an injunction restraining the person

from violating the provisions of this chapter.

     (c)(1) The board may, after a hearing, impose a fine in an amount not to exceed five

thousand dollars ($5,000) for the first violation of this chapter, or any rules or regulations

promulgated by the board.

     (2) For each second violation of a particular subsection of this chapter or of a rule or

regulation promulgated by the board, a fine not to exceed ten thousand dollars ($10,000) may be

imposed after a hearing by the board.

     (d) The board, may, in lieu of a fine or other sanction, order a licensee to attend continuing-

education courses as appropriate. Failure to adhere to the requirement could result in immediate

revocation of a license.

 

 

 

 

 

109)

Section

Amended Chapter Numbers:

 

5-69-6

400 and 401

 

 

5-69-6. Licensing board.

     (a) Within the department there shall be established a board of licensing for chemical

dependency professionals. The governor shall appoint a licensing board consisting of seven (7)

members.

     (b)(1) Of the seven (7) licensing board members, three (3) shall be licensed under this

Chapter.

     (2) Licensing board members shall be:

     (i) Two (2) members appointed by the governor shall be representatives of groups that

reflect demographics of person(s) served;

     (ii) Three (3) members shall represent the licensed professionals appointed by the director

of health;

     (iii) One member shall be an active member or administrator of the Rhode Island board for

certification of chemical dependency professionals appointed by the director of health;

     (iv) One member shall be a consumer advocate from an established substance abuse

recovery consumer advocacy group appointed by the director of health.

     (3) Licensing board members shall serve without compensation.

     (4) Each licensing board member shall take and subscribe to the oath of affirmation

prescribed by law and shall file this oath in the office of the secretary of state.

     (5) The term of office shall be three (3) years, except that of the members of the first

licensing board. Three (3) shall be appointed for a term of one year, three (3) for a term of two (2)

years, three (3) for a term of three (3) years. At least one member representing the general public,

and one member representing a minority group, as defined by the federal Department of Health,

Education, and Welfare, shall be appointed for the initial term of three (3) full years. Successors to

these licensing board positions shall be appointed for a term of three (3) years each, except that any

person appointed to fill a vacancy shall be for the unexpired term of office. Upon expiration of the

term of office, a member shall continue to serve until a successor is appointed and qualified. No

person shall be appointed for more than two (2) consecutive three-year (3) terms.

     (6) The governor may remove any member of the licensing board for neglect of duty;

malfeasance; conviction of a felony or a crime of moral turpitude while in office; or for lack of

attendance/participation in board meetings. No licensing board member shall participate in any

matter before the licensing board in which pecuniary interest, personal bias, or other similar

conflicts of interests is established.

 

 

 

 

110)

Section

Amended Chapter Numbers:

 

5-73-3

152 and 157

 

 

5-73-3. Registration and licensing of roofing contractors.

     (a) All roofing contractors, in addition to the requirements of chapter 65 of this title entitled

"Contractors’  Registration and Licensing Board," if applicable, prior to conducting roofing business

in the state of Rhode Island, shall first submit an application to and be licensed by the contractors'

registration and licensing board on the form or forms that the board requires. The application shall

include the following information:

     (1) The name of the applicant;

     (2) The business address of the applicant;

     (3) The mailing address of the applicant;

     (4) The telephone number of the applicant;

     (5) The name of the party or officer who shall be responsible for all roofing activities

conducted in the state of Rhode Island;

     (6) Any registration number and/or other license numbers issued by the state, or any city

or town; and

     (7) A statement of the skills, training, and experience of the applicant sufficient to ensure

public safety, health, and welfare.

     (b) Licensing requirements shall not apply to roofing contractors applying shingles only.

     (c) To be eligible for licensure as a roofing contractor, an applicant shall also fulfill the

following requirements:

     (1) Be of good moral character;

     (2)(1) (2) Pass an examination approved or administered by the contractors' registration

and licensing board or has previously been registered as a commercial roofer in good standing and

has met all the requirements of the rules and regulations established by the board;

     (3)(2) (3) Be in good standing with the contractors' registration and licensing board;

     (4)(3) (4) All field personnel of the roofing contractor must have a current certificate of

completion of the ten-hours (10) OSHA safety course or equivalent thereof as determined by the

contractors' registration and licensing board;

     (5)(4) (5) Take ten (10) twelve (12) hours continuing roofing education per year two-(2)

year (2) licensing cycle as set forth and recognized by the contractors' registration and licensing

board; and

     (6) Be bonded in the aggregate amount of the total dollar value of any contract entered into

to perform roofing work; single project in the amount of one hundred thousand dollars ($100,000)

minimum; and

     (7)(5) (7) Provide the board with an insurance certificate in the amount of two million

dollars ($2,000,000) one million five hundred thousand dollars ($1,500,000) per occurrence

pursuant to the established rules and regulations, with the board as the holder, from the date of

issuance, continuously.

     (d)(1) The contractors' registration and licensing board is authorized to adopt rules and

regulations pursuant to the administrative procedures act, chapter 35 of title 42, necessary to

effectuate the purposes of this chapter.

     (2) Rules and regulations shall provide a fine schedule that will establish grounds for

discipline for licensee holders or nonlicensed contractors.

     (3) Fines shall be structured not to exceed five thousand dollars ($5,000) per day, per

offense for conduct injurious to the welfare of the public as well as those required pursuant to § 5-

65-10.

     (e) Any person applying for a license or registration and making any material misstatement

as to his or her experience or other qualifications, or any person, firm, or corporation subscribing

to or vouching for any misstatement shall be subject to the discipline and penalties provided in §

5-65-10.

     (f) No corporation, firm, association, or partnership shall engage in the business of

commercial roofing or represent itself as a commercial roofing contractor unless a licensed

commercial roofer as provided in this chapter is continuously engaged in the supervision of its

commercial roofing work, provided that the commercial roofer is a general partner or an officer

and shareholder in the firm or corporation. If the license holder dies or otherwise becomes

incapacitated, the corporation, firm, or association shall be allowed to continue to operate until the

next examination shall be given or such times as the board shall see fit. In no event shall the

corporation, firm, association, or partnership continue to operate longer than twelve (12) months

or in accordance with the board's established rules and regulations without satisfying the license

requirements of this chapter. Those roofers who have been registered with the board on July 1,

2003 2015, and remain in good standing, shall be exempt from the testing requirements set forth in

this chapter.

     (g) Complaints filed with the board shall be heard only in regard to those issues so

established in the rules and regulations.

 

 

 

111)

Section

Amended Chapter Numbers:

 

5-74.1-5

400 and 401

 

 

5-74.1-5. Registration as athlete agent -- Form -- Requirements.

     (a) An applicant for registration shall submit an application for registration to the secretary

of state in a form prescribed by the secretary of state. An application filed under this section is a

public record. The application must be in the name of an individual and, except as otherwise

provided in subsection (b) herein, signed or otherwise authenticated by the applicant under penalty

of perjury and state or contain:

     (1) The name of the applicant and the address of the applicant's principal place of business;

     (2) The name of the applicant's business or employer, if applicable;

     (3) Any business or occupation engaged in by the applicant for the five (5) years next

preceding the date of submission of the application;

     (4) A description of the applicant's:

     (i) Formal training as an athlete agent;

     (ii) Practical experience as an athlete agent; and

     (iii) Educational background relating to the applicant's activities as an athlete agent;

     (5) The names and address of three (3) individuals not related to the applicant who are

willing to serve as references;

     (6) The name, sport, and last-known team for each individual for whom the applicant acted

as an athlete agent during the five (5) years next preceding the date of submission of the application;

     (7) The names and addresses of all persons who are:

     (i) With respect to the athlete agent's business if it is not a corporation, the partners,

members, officers, managers, associates, or profit shares of the business; and

     (ii) With respect to a corporation employing the athlete agent, the officers, directors, and

any shareholder of the corporation having an interest of five percent (5%) or greater;

     (8) Whether the applicant or any person named pursuant to subsection (a)(7) has been

convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or

a felony, and identify the crime;

     (9) Whether there has been any administrative or judicial determination that the applicant

or any person named pursuant to subsection (a)(7) has made a false, misleading, deceptive, or

fraudulent representation;

     (10) Any instance in which the conduct of the applicant or any person named pursuant to

subsection (a)(7) resulted in the imposition of a sanction, suspension, or declaration of ineligibility

to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational

institution;

     (11) Any sanction, suspension, or disciplinary action taken against the applicant or any

person named pursuant to subsection (a)(7) arising out of occupational or professional conduct; and

     (12) Whether there has been any denial of an application for, suspension or revocation of,

or refusal to renew the registration or licensure of the applicant or any person named pursuant to

subsection (a)(7) as an athlete agent in any state.

     (b) An individual who has submitted an application for, and holds a certificate of

registration or licensure as an athlete agent in another state, may submit a copy of the application

and certificate in lieu of submitting an application in the form prescribed pursuant to subsection

(a). The secretary of state shall accept the application and the certificate from the other state as an

application for registration in this state if the application to the other state:

     (1) Was submitted in the other state within six (6) months next preceding the submission

of the application in this state and the applicant certifies that the information contained in the

application is current;

     (2) Contains information substantially similar to or more comprehensive than that required

in an application submitted in this state; and

     (3) Was signed by the applicant under penalty of perjury.

 

 

 

 

112)

Section

Amended Chapter Numbers:

 

5-74.1-6

400 and 401

 

 

5-74.1-6. Certificate of registration -- Issuance or denial -- Renewal.

 

 

     (a) Except as otherwise provided in subsection (b) of this section, the secretary of state

shall issue a certificate of registration to an individual who complies with § 5-74.1-5(a) or whose

application has been accepted under § 5-74.1-5(b).

     (b) The secretary of state may refuse to issue a certificate of registration if the secretary of

state determines that the applicant has engaged in conduct that has a significant adverse effect on

the applicant's fitness to act as an athlete agent. In making the determination, the secretary of state

may consider whether the applicant has:

     (1) Been convicted of a crime that, if committed in this state, would be a crime involving

moral turpitude or a felony;

     (2) Made a materially false, misleading, deceptive, or fraudulent representation in the

application or as an athlete agent;

     (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary

capacity;

     (4) Engaged in conduct prohibited by § 5-74.1-14;

     (5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been

refused renewal of registration or licensure as an athlete agent in any state;

     (6) Engaged in conduct the consequence of which was that a sanction, suspension, or

declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was

imposed on a student athlete or educational institution; or

     (7) Engaged in conduct that significantly adversely reflects on the applicant's credibility,

honesty, or integrity.

     (c) In making a determination under subsection (b) of this section, the secretary of state

shall consider:

     (1) How recently the conduct occurred;

     (2) The nature of the conduct and the context in which it occurred; and

     (3) Any other relevant conduct of the applicant.

     (d) An athlete agent may apply to renew a registration by submitting an application for

renewal in a form prescribed by the secretary of state. An application filed under this section is a

public record. The application for renewal must be signed by the applicant under penalty of perjury

and must contain current information on all matters required in an original registration.

     (e) An individual who has submitted an application for renewal of registration or licensure

in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to

subsection (d) of this section, may file a copy of the application for renewal and a valid certificate

of registration or licensure from the other state. The secretary of state shall accept the application

for renewal from the other state as an application for renewal in this state if the application to the

other state:

     (1) Was submitted in the other state within six (6) months next preceding the filing in this

state and the applicant certifies the information contained in the application for renewal is current;

     (2) Contains information substantially similar to or more comprehensive than that required

in an application for renewal submitted in this state; and

     (3) Was signed by the applicant under penalty of perjury.

     (f) A certificate of registration or a renewal of a registration is valid for two (2) years.

     (g) Upon the secretary of state's approval of any registration for an athlete agent, the

secretary of state's office will notify the athletic director of any institution of higher education

within the state of Rhode Island that participates in intercollegiate athletics at the Division I, II, or

III level by providing that office with a copy of the agent's registration and disclosure statements.

 

 

 

113)

Section

Added Chapter Numbers:

 

5-90

396 and 397

 

 

Chapter 5-90

AUTHORITY TO FINE  HEALTHCARE PROFESSIONALS

 

 

 

114)

Section

Added Chapter Numbers:

 

5-90-1

396 and 397

 

 

5-90-1. Authority to fine  healthcare professionals and assess

administrative costs.

     (a)(1) Any licensing board responsible for governing the professional conduct of

individuals with the authority to prescribe controlled substances shall have the authority to assess

a fine against a licensee who has been found guilty of unprofessional conduct and/or violating any

provision of the general laws, any rule, any regulation, any order, any license, or any approval

issued by the director.

     (1) (2)(i) No such fine shall be assessed for the first charge or count against a licensee.

     (2) (ii) Any fine assessed against a licensee for the second charge or count, regardless if

such the charge or count appears on the first complaint or a subsequent complaint, shall not exceed

one thousand dollars ($1,000).

     (3) (iii) Any fine assessed against a licensee for each charge or count subsequent to the

second charge or count, regardless if such the charge or count appears on the first complaint or a

subsequent complaint, shall not exceed five thousand dollars ($5,000).

     (b) Any licensee who fails to pay an assessed fine within the time period prescribed by the

relevant licensing board shall be subject to disciplinary action, up to and including revocation.

     (c) When an individual licensed by a board described in subsection (a) of this section

concurrently:

      (1) Holds Concurrently holds at least one other license issued by a regulatory entity

subject to the jurisdiction of the department; and

     (2) Fails to comply with any provision of the general laws, any rule, any regulation, any

order, any license, or any approval issued by the director, only one board may issue a fine for the

licensed individual’s unprofessional conduct in connection therewith.

     (d) Prior to the assessment of a fine under this section, the department of health shall adopt

rules and regulations providing guidance on the appropriate range of sanctions and the criteria to

be considered when recommending specific sanctions or administrative monetary penalties to the

director.

     (e) Any licensing board responsible for governing the professional conduct of individuals

with the authority to prescribe controlled substances shall have the authority to assess against the

individual the administrative costs of the proceedings instituted against the licensee under this

chapter; provided that, this assessment shall not exceed five thousand dollars ($5,000), except for

those individuals licensed under chapter 37 of this title.

 

 

 

 

115)

Section

Amended Chapter Numbers:

 

6-13.1-4

206 and 329

 

 

6-13.1-4. Exemptions.

     (a) Nothing in this chapter shall apply to actions or transactions permitted under laws

administered by the department of business regulation or other regulatory body or officer acting

under statutory authority of this state or the United States.

     (b) For actions brought by the attorney general, the exemption in subsection (a) of this

section, applies only if the person claiming the exemption shows that:

     (1) The person's business activities are subject to regulation by a state or federal agency;

and

     (2) The activity or conduct is in compliance with orders, including insurance bulletins, or

rules of, or a statute administered by, a federal or state government agency.

 

 

 

 

116)

Section

Amended Chapter Numbers:

 

6-13.1-5

206 and 329

 

 

6-13.1-5. Restraining prohibited acts.

     (a) Whenever the attorney general has reason to believe that any person is using, has used,

or is about to use any method, act, or practice declared to be unlawful by § 6-13.1-2, and that

proceedings would be in the public interest, the attorney general may bring an action in the name

of the state against the person to restrain by temporary or permanent injunction the use of the

method, act, or practice, upon the giving of appropriate notice to that person and to seek any other

relief that may be appropriate. The notice must generally state the relief sought and be served in

accordance with § 6-13.1-7 and at least three (3) days before the hearing of the action.

     (b) The action may be brought in the superior court of the county in which the person shall

dwell or be found; or have his or her principal place of business; or with consent of the parties; or if the

person is a nonresident or has no principal place of business within this state or if the superior court

shall not be in session in the counties previously said to be applicable, may be brought in the

superior court of Providence County. The superior courts are authorized to issue temporary or

permanent injunctions to restrain and prevent violations of this chapter and the injunctions shall be

issued without bond.

     (c) The court may make any additional orders or judgments that may be necessary to restore

to any person in interest any moneys or property, real or personal, that may have been acquired by

means of any practice in this chapter declared to be unlawful, including the appointment of a

receiver in any case where the superior court finds that the assets of a corporation are in danger of

being misapplied, dissipated, wasted, or lost, or the revocation of a license or certificate authorizing

that person to engage in business in this state, or both.

     (d) Actions under this chapter may be brought without regard to the pendency of criminal

proceedings arising out of the same acts or practices and no action shall bar the institution of

criminal proceedings arising out of the same acts or practices. No involuntary admission by any

person in the action shall be admissible in any subsequent criminal proceeding.

     (e) Any person who violates the terms of an injunction issued under this section shall forfeit

and pay to the state a civil penalty of not more than ten thousand dollars ($10,000) per violation.

For the purposes of this section, the superior court of a county issuing an injunction shall retain

jurisdiction, and the cause shall be continued, and in those cases the attorney general, acting in the

name of the state, may petition for recovery of civil penalties and damages.

 

 

 

 

117)

Section

Amended Chapter Numbers:

 

6-13.1-5.2

206 and 329

 

 

6-13.1-5.2. Private and class actions.

     (a) Any person who purchases or leases goods or services primarily for personal, family,

or household purposes and thereby suffers any ascertainable loss of money or property, real or

personal, as a result of the use or employment by another person of a method, act, or practice

declared unlawful by § 6-13.1-2, may bring an action under the rules of civil procedure in the

superior court of the county in which the seller or lessor resides; is found; has his or her principal

place of business or is doing business; or in the superior court of the county as is otherwise

provided by law, to recover actual damages or two hundred dollars ($200) five hundred

dollars ($500), whichever is greater. The court may award damages equal to three (3) times

the amount of actual damages and, in its discretion, award punitive damages and may provide other

equitable relief that it deems necessary or proper.

     (b) Persons entitled to bring an action under subsection (a) of this section may, if the

unlawful method, act, or practice has caused similar injury to numerous other persons similarly

situated and if they adequately represent the similarly situated persons, bring an action on behalf

of themselves and other similarly injured and situated persons to recover damages as provided for

in subsection (a) of this section. In any action brought under this section, the court may in its

discretion order, in addition to damages, injunctive or other equitable relief.

     (c) Upon commencement of any action brought under subsection (a) of this section, the

clerk of court shall mail a copy of the complaint or other initial pleading to the attorney general

and, upon entry of any judgment or decree in the action, shall mail a copy of the judgment or decree

to the attorney general.

     (d) In any action brought by a person under this section, the court may award, in addition

to the relief provided in this section, reasonable attorney's fees and costs.

     (e) Any permanent injunction, judgment, or order of the court made under § 6-13.1-5 shall

be prima facie evidence in an action brought under this section that the respondent used or

employed a method, act, or practice declared unlawful by § 6-13.1-2.

 

 

 

 

118)

Section

Amended Chapter Numbers:

 

6-13.1-8

206 and 329

 

 

6-13.1-8. Civil penalties.

     Any person who violates the terms of an injunction issued under § 6-13.1-5 provisions of

this chapter shall forfeit and pay to the state a civil penalty of not more than ten thousand dollars

($10,000) per violation. For the purposes of this section, the superior court of a county issuing an

injunction shall retain jurisdiction, and the cause shall be continued, and in those cases the The

attorney general, acting in the name of the state, may petition for recovery of civil penalties.

 

 

 

 

119)

Section

Added Chapter Numbers:

 

6-58

379 and 380

 

 

Chapter 6-58

THIRD PARTY DELIVERY SYSTEMS

 

 

 

 

120)

Section

Added Chapter Numbers:

 

6-58-1

379 and 380

 

 

6-58-1. Definitions.

     As used in this title, unless the context otherwise requires:

     (1) "Agreement" means a written contractual agreement between the merchant and the

third-party delivery service.

     (2) "Customer" means the person, business, or other entity that places an order for merchant

products through the marketplace.

     (3) "Likeness" means identifiable symbols attributed and easily identified as belonging to

a specific merchant or retailer.

     (4) "Marketplace" means the third party’s proprietary online communication platform

where customers can view and search the menus of merchants and place an order for merchant

products via the third party’s website or mobile application for delivery or by the third-party

delivery service, or an independent contractor of the third-party delivery service, to the customer.

     (5) "Merchant" means a food service establishment as set forth in § 21-27-1(9) or other

retail entity.

     (6) "Third-party delivery service" means a company, organization, or entity, outside of the

operation of the merchant’s business that facilitates delivery or online ordering services to

customers.

 

 

 

 

121)

Section

Added Chapter Numbers:

 

6-58-2

379 and 380

 

 

6-58-2. Third-Party use of merchant trademarks and likeness.

     A third-party delivery service may not use the likeness, registered trademark, or any

intellectual property belonging to the merchant to falsely suggest sponsorship or endorsement by,

or affiliation with the merchant.

 

 

 

 

122)

Section

Added Chapter Numbers:

 

6-58-3

379 and 380

 

 

6-58-3. Merchant consent.

     A third-party delivery service may not take orders and arrange for the delivery of merchant

products through the third-party delivery service’s marketplace without obtaining the written

consent of the merchant.

 

 

 

 

123)

Section

Added Chapter Numbers:

 

6-58-4

379 and 380

 

 

6-58-4. Indemnity Agreement Void.

     No agreement entered into in accordance with this chapter, shall include a provision,

clause, or covenant that requires a merchant to indemnify a third-party delivery service, any

independent contractor or agent of the third-party delivery service, for any damages or harm caused

by the third-party delivery service or any independent contractor or agent of the third-party delivery

service.

 

 

 

 

 

 

 

124)

Section

Added Chapter Numbers:

 

6-58-5

379 and 380

 

 

6-58-5. Enforcement and Penalties.

     (a) Any merchant whose likeness was used by the third-party delivery service, or who

appears on a third-party delivery service’s marketplace, in violation of this chapter, may bring an

action in the superior court of the county in which the merchant or third-party delivery service is

found, or in the superior court of the county as is otherwise provided by law, to recover actual

damages or five thousand dollars ($5,000), whichever is greater. The court may, in its discretion,

and where the conduct involves reckless or callous indifference to statutorily protected rights,

award punitive damages and other equitable relief it deems appropriate.

     (b) Any third-party delivery service who or that violates this chapter shall pay to the state

a civil penalty of not more than one thousand dollars ($1,000) per violation. Each day a violation

occurs shall count as a separate violation.

 

 

 

125)

Section

Added Chapter Numbers:

 

6-58-6

379 and 380

 

 

6-58-6. Uniformity.

     No municipality shall establish, mandate, or implement any law inconsistent with the

provisions of this chapter.

 

 

 

126)

Section

Amended Chapter Numbers:

 

6A-1-201

381 and 382

 

 

6A-1-201. General definitions.

     (a) Unless the context otherwise requires, words or phrases defined in this section, or in

the additional definitions contained in other chapters of title 6A that apply to particular chapters or

parts thereof, have the meanings stated.

     (b) Subject to definitions contained in other chapters of title 6A that apply to particular

chapters or parts thereof:

     (1) "Action", in the sense of a judicial proceeding, includes recoupment, counterclaim, set-

off, suit in equity, and any other proceeding in which rights are determined.

     (2) "Aggrieved party" means a party entitled to pursue a remedy.

     (3) "Agreement", as distinguished from "contract", means the bargain of the parties in fact,

as found in their language or inferred from other circumstances, including course of performance,

course of dealing, or usage of trade as provided in § 6A-1-303.

     (4) "Bank" means a person engaged in the business of banking and includes a savings bank,

savings and loan association, credit union, and trust company.

     (5) "Bearer" means a person in control of a negotiable electronic document of title or a

person in possession of a negotiable instrument, negotiable tangible document of title, or

certificated security that is payable to bearer or indorsed in blank.

     (6) "Bill of lading" means a document of title evidencing the receipt of goods for shipment

issued by a person engaged in the business of directly or indirectly transporting or forwarding

goods. This term does not include a warehouse receipt.

     (7) "Branch" includes a separately incorporated foreign branch of a bank.

     (8) "Burden of establishing" a fact means the burden of persuading the trier of fact that the

existence of the fact is more probable than its nonexistence.

     (9) "Buyer in ordinary course of business" means a person that buys goods in good faith,

without knowledge that the sale violates the rights of another person in the goods, and in the

ordinary course from a person, other than a pawnbroker, in the business of selling goods of that

kind. A person buys goods in the ordinary course if the sale to the person comports with the usual

or customary practices in the kind of business in which the seller is engaged or with the seller's own

usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or

minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of

business may buy for cash, by exchange of other property, or on secured or unsecured credit, and

may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that

takes possession of the goods or has a right to recover the goods from the seller under Chapter 2

may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not

include a person that acquires goods in a transfer in bulk or as security for or in total or partial

satisfaction of a money debt.

     (10) "Conspicuous", with reference to a term, means so written, displayed, or presented

that a reasonable person against which it is to operate ought to have noticed it. Whether a term is

"conspicuous" or not is a decision for the court. Conspicuous terms include the following:

     (A) A heading in capitals equal to or greater in size than the surrounding text, or in

contrasting type, font, or color to the surrounding text of the same or lesser size; and

     (B) Language in the body of a record or display in larger type than the surrounding text, or

in contrasting type, font, or color to the surrounding text of the same size, or set off from

surrounding text of the same size by symbols or other marks that call attention to the language.

     (11) "Consumer" means an individual who enters into a transaction primarily for personal,

family, or household purposes.

     (12) "Contract", as distinguished from "agreement", means the total legal obligation that

results from the parties' agreement as determined by title 6A as supplemented by any other

applicable laws.

     (13) "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any

representative of creditors, including an assignee for the benefit of creditors, a trustee in

bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or

assignor's estate.

     (14) "Defendant" includes a person in the position of defendant in a counterclaim, cross-

claim, or third-party claim.

     (15) "Delivery", with respect to an electronic document of title means voluntary transfer of

control and with respect to an instrument, a tangible document of title, or chattel paper, means

voluntary transfer of possession.

     (16) "Document of title" includes bill of lading, dock warrant, dock receipt, warehouse

receipt or order for the delivery of goods, and also any other document which in the regular course

of business or financing is treated as adequately evidencing that the person in possession of it is

entitled to receive, hold, and dispose of the document and the goods it covers. To be a document of

title, a document must purport to be issued by or addressed to a bailee and purport to cover goods

in the bailee's possession which are either identified or are fungible portions of an identified mass.

     "Document of title" means a record:

     (i) That in the regular course of business or financing is treated as adequately evidencing

that the person in possession or control of the record is entitled to receive, control, hold, and

dispose of the record and the goods the record covers; and

     (ii) That purports to be issued by or addressed to a bailee and to cover goods in the bailee's

possession which are either identified or are fungible portions of an identified mass. The term

includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and

order for delivery of goods.

     An electronic document of title means a document of title evidenced by a record consisting

of information stored in an electronic medium. A tangible document of title means a document of

title evidenced by a record consisting of information that is inscribed on a tangible medium.

     (17) "Fault" means a default, breach, or wrongful act or omission.

     (18) "Fungible goods" means:

     (A) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like

unit; or

     (B) Goods that by agreement are treated as equivalent.

     (19) "Genuine" means free of forgery or counterfeiting.

     (20) "Good faith" means honesty in fact in the conduct or transaction concerned.

     (21) "Holder" means:

     (A) The person in possession of a negotiable instrument that is payable either to bearer or

to an identified person that is the person in possession; or

     (B) The person in possession of a negotiable tangible document of title if the goods are

deliverable either to bearer or to the order of the person in possession; or

     (C) The person in control of a negotiable electronic document of title.

     (22) "Insolvency proceeding" includes an assignment for the benefit of creditors or other

proceeding intended to liquidate or rehabilitate the estate of the person involved.

     (23) "Insolvent" means:

     (A) Having generally ceased to pay debts in the ordinary course of business other than as

a result of bona fide dispute;

     (B) Being unable to pay debts as they become due; or

     (C) Being insolvent within the meaning of federal bankruptcy law.

     (24) "Money" means a medium of exchange currently authorized or adopted by a domestic

or foreign government. The term includes a monetary unit of account established by an

intergovernmental organization or by agreement between two (2) or more countries.

     (25) "Organization" means a person other than an individual.

     (26) "Party", as distinguished from "third-party", means a person that has engaged in a

transaction or made an agreement subject to title 6A.

     (27) "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, government, governmental subdivision,

agency, or instrumentality, public corporation, or any other legal or commercial entity.

     (28) "Present value" means the amount as of a date certain of one or more sums payable in

the future, discounted to the date certain by use of either an interest rate specified by the parties if

that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest

rate is not so specified, a commercially reasonable rate that takes into account the facts and

circumstances at the time the transaction is entered into.

     (29) "Purchase" means taking by sale, lease, discount, negotiation, mortgage, pledge, lien,

security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in

property.

     (30) "Purchaser" means a person that takes by purchase.

     (31) "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.

     (32) "Remedy" means any remedial right to which an aggrieved party is entitled with or

without resort to a tribunal.

     (33) "Representative" means a person empowered to act for another, including an agent,

an officer of a corporation or association, and a trustee, executor, or administrator of an estate.

     (34) "Right" includes remedy.

     (35) "Security interest" means an interest in personal property or fixtures which secures

payment or performance of an obligation. "Security interest" includes any interest of a consignor

and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction

that is subject to Chapter 9. "Security interest" does not include the special property interest of a

buyer of goods on identification of those goods to a contract for sale under § 6A-2-401, but a buyer

may also acquire a "security interest" by complying with Chapter 9. Except as otherwise provided

in § 6A-2-505, the right of a seller or lessor of goods under Chapter 2 or 2.1 to retain or acquire

possession of the goods is not a "security interest", but a seller or lessor may also acquire a "security

interest" by complying with Chapter 9. The retention or reservation of title by a seller of goods

notwithstanding shipment or delivery to the buyer under § 6A-2-401 is limited in effect to a

reservation of a "security interest." Whether a transaction in the form of a lease creates a "security

interest" is determined pursuant to § 6A-1-203.

     (36) "Send" in connection with a writing, record, or notice means:

     (A) To deposit in the mail or deliver for transmission by any other usual means of

communication with postage or cost of transmission provided for and properly addressed and, in

the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none

to any address reasonable under the circumstances; or

     (B) In any other way to cause to be received any record or notice within the time it would

have arrived if properly sent.

     (37) "Signed" includes using any symbol executed or adopted with present intention to

adopt or accept a writing.

     (38) "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.

     (39) "Surety" includes a guarantor or other secondary obligor.

     (40) "Term" means a portion of an agreement that relates to a particular matter.

     (41) "Unauthorized signature" means a signature made without actual, implied, or apparent

authority. The term includes a forgery.

     (42) "Warehouse receipt" means a receipt document of title issued by a person engaged in

the business of storing goods for hire. The term does not include a bill of lading.

     (43) "Writing" includes printing, typewriting, or any other intentional reduction to tangible

form. "Written" has a corresponding meaning.

 

 

 

 

127)

Section

Amended Chapter Numbers:

 

6A-2-401

381 and 382

 

 

6A-2-401. Passing of title -- Reservation for security -- Limited application of this

section.

     Each provision of this chapter with regard to the rights, obligations and remedies of the

seller, the buyer, purchasers, or other third parties applies irrespective of title to the goods except

where the provision refers to such title. Insofar as situations are not covered by the other provisions

of this chapter and matters concerning title become material the following rules apply:

     (1) Title to goods cannot pass under a contract for sale prior to their identification to the

contract (§ 6A-2-501), and unless otherwise explicitly agreed the buyer acquires by their

identification a special property as limited by this title. Any retention or reservation by the seller of

the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of

a security interest. Subject to these provisions and to the provisions of the chapter on secured

transactions (chapter 9), title to goods passes from the seller to the buyer in any manner and on any

conditions explicitly agreed on by the parties.

     (2) Unless otherwise explicitly agreed, title passes to the buyer at the time and place at

which the seller completes his or her performance with reference to the physical delivery of the

goods, despite any reservation of a security interest and even though a document of title is to be

delivered at a different time or place; and in particular and despite any reservation of a security

interest by the bill of lading.

     (a) If the contract requires or authorizes the seller to send the goods to the buyer but does

not require him or her to deliver them at destination, title passes to the buyer at the time and place

of shipment; but

     (b) If the contract requires delivery at destination, title passes on tender there.

     (3) Unless otherwise explicitly agreed, where delivery is to be made without moving the

goods,

     (a) If the seller is to deliver a tangible document of title, title passes at the time when and

the place where he or she delivers such documents and if the seller is to deliver an electronic

document of title, title passes when the seller delivers the document; or

     (b) If the goods are at the time of contracting already identified and no documents of title

are to be delivered, title passes at the time and place of contracting.

     (4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not

justified, or a justified revocation of acceptance revests title to the goods in the seller. Such

revesting occurs by operation of law and is not a "sale".

 

 

128)

Section

Amended Chapter Numbers:

 

6A-2-505

381 and 382

 

 

6A-2-505. Seller's shipment under reservation.

     (1) Where the seller has identified goods to the contract by or before shipment:

     (a) The seller's procurement of a negotiable bill of lading to his or her own order or

otherwise reserves in him or her a security interest in the goods. The seller's procurement of the bill

to the order of a financing agency or of the buyer indicates in addition only the seller's expectation

of transferring that interest to the person named.

     (b) A nonnegotiable bill of lading to the seller or his or her nominee reserves possession of

the goods as security but, except in a case of conditional delivery (§ 6A-2-507(2)), a nonnegotiable

bill of lading naming the buyer as consignee reserves no security interest even though the seller

retains possession or control of the bill of lading.

     (2) When shipment by the seller with reservation of a security interest is in violation of the

contract for sale it constitutes an improper contract for transportation within the preceding section,

but impairs neither the rights given to the buyer by shipment and identification of the goods to the

contract nor the seller's powers as a holder of a negotiable document of title.

 

 

 

 

 

 

 

 

129)

Section

Amended Chapter Numbers:

 

6A-2-509

381 and 382

 

 

6A-2-509. Risk of loss in the absence of breach.

     (1) Where the contract requires or authorizes the seller to ship the goods by carrier:

     (a) If it does not require him or her to deliver them at a particular destination, the risk of

loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment

is under reservation (§ 6A-2-505); but

     (b) If it does require him or her to deliver them at a particular destination and the goods are

there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when

the goods are there duly so tendered as to enable the buyer to take delivery.

     (2) Where the goods are held by a bailee to be delivered without being moved, the risk of

loss passes to the buyer:

     (a) On his or her receipt of possession or control of a negotiable document of title covering

the goods; or

     (b) On acknowledgment by the bailee of the buyer's right to possession of the goods; or

     (c) After his or her receipt of possession or control of a nonnegotiable document of title or

other direction to deliver in a record, as provided in § 6A-2-503(4)(b).

     (3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his

or her receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on

tender of delivery.

     (4) The provisions of this section are subject to contrary agreement of the parties and to the

provisions of this chapter on sale on approval (§ 6A-2-327) and on effect of breach on risk of loss

(§ 6A-2-510).

 

 

 

 

130)

Section

Amended Chapter Numbers:

 

6A-9-102

381 and 382

 

 

6A-9-102. Definitions.

     (a) Chapter 9 definitions. In this chapter:

     (1) "Accession" means goods that are physically united with other goods in such a manner

that the identity of the original goods is not lost.

     (2) "Account", except as used in "account for", means a right to payment of a monetary

obligation, whether or not earned by performance, (i) for property that has been or is to be sold,

leased, licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,

(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred or to

be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of a vessel under a

charter or other contract, (vii) arising out of the use of a credit or charge card or information

contained on or for use with the card, or (viii) as winnings in a lottery or other game of chance

operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to

operate the game by a State or governmental unit of a State. The term includes health-care-

insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper

or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v)

letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or

sold, other than rights arising out of the use of a credit or charge card or information contained on

or for use with the card.

     (3) "Account debtor" means a person obligated on an account, chattel paper, or general

intangible. The term does not include persons obligated to pay a negotiable instrument, even if the

instrument constitutes part of chattel paper.

     (4) "Accounting", except as used in "accounting for", means a record:

     (i) Authenticated by a secured party;

     (ii) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days

earlier or 35 days later than the date of the record; and

     (iii) Identifying the components of the obligations in reasonable detail.

     (5) "Agricultural lien" means an interest in farm products:

     (i) Which secures payment or performance of an obligation for:

     (A) Goods or services furnished in connection with a debtor's farming operation; or

     (B) Rent on real property leased by a debtor in connection with its farming operation;

     (ii) Which is created by statute in favor of a person that:

     (A) In the ordinary course of its business furnished goods or services to a debtor in

connection with a debtor's farming operation; or

     (B) Leased real property to a debtor in connection with the debtor's farming operation; and

     (iii) Whose effectiveness does not depend on the person's possession of the personal

property.

     (6) "As-extracted collateral" means:

     (i) Oil, gas, or other minerals that are subject to a security interest that:

     (A) Is created by a debtor having an interest in the minerals before extraction; and

     (B) Attaches to the minerals as extracted; or

     (ii) Accounts arising out of the sale at the wellhead or minehead of oil, gas, or other

minerals in which the debtor had an interest before extraction.

     (7) "Authenticate" means:

     (i) To sign; or

     (ii) With present intent to adopt or accept a record, to attach to or logically associate with

the record an electronic sound, symbol, or process.

     (8) "Bank" means an organization that is engaged in the business of banking. The term

includes savings banks, savings and loan associations, credit unions, and trust companies.

     (9) "Cash proceeds" means proceeds that are money, checks, deposit accounts, or the like.

     (10) "Certificate of title" means a certificate of title with respect to which a statute provides

for the security interest in question to be indicated on the certificate as a condition or result of the

security interest's obtaining priority over the rights of a lien creditor with respect to the collateral.

The term includes another record maintained as an alternative to a certificate of title by the

governmental unit that issues certificates of title if a statute permits the security interest in question

to be indicated on the record as a condition or result of the security interest's obtaining priority over

the rights of a lien creditor with respect to the collateral.

     (11) "Chattel paper" means a record or records that evidence both a monetary obligation

and a security interest in specific goods, a security interest in specific goods and software used in

the goods, a security interest in specific goods and license of software used in the goods, a lease of

specific goods, or a lease of specific goods and license of software used in the goods. In this

paragraph, "monetary obligation" means a monetary obligation secured by the goods or owed under

a lease of the goods and includes a monetary obligation with respect to software used in the goods.

The term does not include (i) charters or other contracts involving the use or hire of a vessel or (ii)

records that evidence a right to payment arising out of the use of a credit or charge card or

information contained on or for use with the card. If a transaction is evidenced by records that

include an instrument or series of instruments, the group of records taken together constitutes

chattel paper.

     (12) "Collateral" means the property subject to a security interest or agricultural lien. The

term includes:

     (i) Proceeds to which a security interest attaches;

     (ii) Accounts, chattel paper, payment intangibles, and promissory notes that have been sold;

and

     (iii) Goods that are the subject of a consignment.

     (13) "Commercial tort claim" means a claim arising in tort with respect to which:

     (i) The claimant is an organization; or

     (ii) The claimant is an individual and the claim:

     (A) Arose in the course of the claimant's business or profession; and

     (B) Does not include damages arising out of personal injury to or the death of an individual.

     (14) "Commodity account" means an account maintained by a commodity intermediary in

which a commodity contract is carried for a commodity customer.

     (15) "Commodity contract" means a commodity futures contract, an option on a

commodity futures contract, a commodity option, or another contract if the contract or option is:

     (i) Traded on or subject to the rules of a board of trade that has been designated as a contract

market for such a contract pursuant to federal commodities laws; or

     (ii) Traded on a foreign commodity board of trade, exchange, or market, and is carried on

the books of a commodity intermediary for a commodity customer.

     (16) "Commodity customer" means a person for which a commodity intermediary carries

a commodity contract on its books.

     (17) "Commodity intermediary" means a person that:

     (i) Is registered as a futures commission merchant under federal commodities law; or

     (ii) In the ordinary course of its business provides clearance or settlement services for a

board of trade that has been designated as a contract market pursuant to federal commodities law.

     (18) "Communicate" means:

     (i) To send a written or other tangible record;

     (ii) To transmit a record by any means agreed upon by the persons sending and receiving

the record; or

     (iii) In the case of transmission of a record to or by a filing office, to transmit a record by

any means prescribed by filing-office rule.

     (19) "Consignee" means a merchant to which goods are delivered in a consignment.

     (20) "Consignment" means a transaction, regardless of its form, in which a person delivers

goods to a merchant for the purpose of sale and:

     (i) The merchant:

     (A) Deals in goods of that kind under a name other than the name of the person making

delivery;

     (B) Is not an auctioneer; and

     (C) Is not generally known by its creditors to be substantially engaged in selling the goods

of others;

     (ii) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the

time of delivery;

     (iii) The goods are not consumer goods immediately before delivery; and

     (iv) The transaction does not create a security interest that secures an obligation.

     (21) "Consignor" means a person that delivers goods to a consignee in a consignment.

     (22) "Consumer debtor" means a debtor in a consumer transaction.

     (23) "Consumer goods" means goods that are used or bought for use primarily for personal,

family, or household purposes.

     (24) "Consumer-goods transaction" means a consumer transaction in which:

     (i) An individual incurs an obligation primarily for personal, family, or household

purposes; and

     (ii) A security interest in consumer goods secures the obligation.

     (25) "Consumer obligor" means an obligor who is an individual and who incurred the

obligation as part of a transaction entered into primarily for personal, family, or household

purposes.

     (26) "Consumer transaction" means a transaction in which (i) an individual incurs an

obligation primarily for personal, family, or household purposes, (ii) a security interest secures the

obligation, and (iii) the collateral is held or acquired primarily for personal, family, or household

purposes. The term includes consumer-goods transactions.

     (27) "Continuation statement" means an amendment of a financing statement which:

     (i) Identifies, by its file number, the initial financing statement to which it relates; and

     (ii) Indicates that it is a continuation statement for, or that it is filed to continue the

effectiveness of, the identified financing statement.

     (28) "Debtor" means:

     (i) A person having an interest, other than a security interest or other lien, in the collateral,

whether or not the person is an obligor;

     (ii) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or

     (iii) A consignee.

     (29) "Deposit account" means a demand, time, savings, passbook, or similar account

maintained with a bank. The term does not include investment property or accounts evidenced by

an instrument.

     (30) "Document" means a document of title or a receipt of the type described in

§ 6A-7-201(b).

     (31) "Electronic chattel paper" means chattel paper evidenced by a record or records

consisting of information stored in an electronic medium.

     (32) "Encumbrance" means a right, other than an ownership interest, in real property. The

term includes mortgages and other liens on real property.

     (33) "Equipment" means goods other than inventory, farm products, or consumer goods.

     (34) "Farm products" means goods, other than standing timber, with respect to which the

debtor is engaged in a farming operation and which are:

     (i) Crops grown, growing, or to be grown, including:

     (A) Crops produced on trees, vines, and bushes; and

     (B) Aquatic goods, including seaweeds, produced in aquacultural operations;

     (ii) Livestock, born or unborn, including fish, shellfish and other aquatic goods produced

in aquacultural operations;

     (iii) Supplies used or produced in a farming operation; or

     (iv) Products of crops or livestock in their unmanufactured states.

     (35) "Farming operation" means raising, cultivating, propagating, fattening, grazing, or any

other farming, livestock, or aquacultural operation.

     (36) "File number" means the number assigned to an initial financing statement pursuant

to § 6A-9-519(a).

     (37) "Filing office" means an office designated in § 6A-9-501 as the place to file a financing

statement.

     (38) "Filing-office rule" means a rule adopted pursuant to § 6A-9-526.

     (39) "Financing statement" means a record or records composed of an initial financing

statement and any filed record relating to the initial financing statement.

     (40) "Fixture filing" means the filing of a financing statement covering goods that are or

are to become fixtures and satisfying § 6A-9-502(a) and (b). The term includes the filing of a

financing statement covering goods of a transmitting utility which are or are to become fixtures.

     (41) "Fixtures" means goods that have become so related to particular real property that an

interest in them arises under real property law.

     (42) "General intangible" means any personal property, including things in action, other

than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods,

instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or

other minerals before extraction. The term includes payment intangibles and software.

     (43) "Good faith" means honesty in fact and the observance of reasonable commercial

standards of fair dealing.

     (44) "Goods" means all things that are movable when a security interest attaches. The term

includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or

contract for sale, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even

if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. The term also

includes a computer program embedded in goods and any supporting information provided in

connection with a transaction relating to the program if (i) the program is associated with the goods

in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner

of the goods, a person acquires a right to use the program in connection with the goods. The term

does not include a computer program embedded in goods that consist solely of the medium in

which the program is embedded. The term also does not include accounts, chattel paper,

commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment

property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction

extraction

     (45) "Governmental unit" means a subdivision, agency, department, county, parish,

municipality, or other unit of the government of the United States, a State, or a foreign country.

The term includes an organization having a separate corporate existence if the organization is

eligible to issue debt on which interest is exempt from income taxation under the laws of the United

States.

     (46) "Health-care-insurance receivable" means an interest in or claim under a policy of

insurance which is a right to payment of a monetary obligation for health-care goods or services

provided or to be provided.

     (47) "Instrument" means a negotiable instrument or any other writing that evidences a right

to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type

that in ordinary course of business is transferred by delivery with any necessary indorsement or

assignment. The term does not include (i) investment property, (ii) letters of credit, or (iii) writings

that evidence a right to payment arising out of the use of a credit or charge card or information

contained on or for use with the card.

     (48) "Inventory" means goods, other than farm products, which:

     (i) Are leased by a person as lessor;

     (ii) Are held by a person for sale or lease or to be furnished under a contract of service;

     (iii) Are furnished by a person under a contract of service; or

     (iv) Consist of raw materials, work in process, or materials used or consumed in a business.

     (49) "Investment property" means a security, whether certificated or uncertificated,

security entitlement, securities account, commodity contract, or commodity account.

     (50) "Jurisdiction of organization", with respect to a registered organization, means the

jurisdiction under whose law the organization is formed or organized.

     (51) "Letter-of-credit right" means a right to payment or performance under a letter of

credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment

or performance. The term does not include the right of a beneficiary to demand payment or

performance under a letter of credit.

     (52) "Lien creditor" means:

     (i) A creditor that has acquired a lien on the property involved by attachment, levy, or the

like;

     (ii) An assignee for benefit of creditors from the time of assignment;

     (iii) A trustee in bankruptcy from the date of the filing of the petition; or

     (iv) A receiver in equity from the time of appointment.

     (53) "Manufactured home" means a structure, transportable in one or more sections, which,

in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or,

when erected on site, is 320 or more square feet, and which is built on a permanent chassis and

designed to be used as a dwelling with or without a permanent foundation when connected to the

required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems

contained therein. The term includes any structure that meets all of the requirements of this

paragraph except the size requirements and with respect to which the manufacturer voluntarily files

a certification required by the United States Secretary of Housing and Urban Development and

complies with the standards established under Title 42 of the United States Code.

     (54) "Manufactured-home transaction" means a secured transaction:

     (i) That creates a purchase-money security interest in a manufactured home, other than a

manufactured home held as inventory; or

     (ii) In which a manufactured home, other than a manufactured home held as inventory, is

the primary collateral.

     (55) "Mortgage" means a consensual interest in real property, including fixtures, which

secures payment or performance of an obligation.

     (56) "New debtor" means a person that becomes bound as debtor under § 6A-9-203(d) by

a security agreement previously entered into by another person.

     (57) "New value" means (i) money, (ii) money's worth in property, services, or new credit,

or (iii) release by a transferee of an interest in property previously transferred to the transferee. The

term does not include an obligation substituted for another obligation.

     (58) "Noncash proceeds" means proceeds other than cash proceeds.

     (59) "Obligor" means a person that, with respect to an obligation secured by a security

interest in or an agricultural lien on the collateral, (i) owes payment or other performance of the

obligation, (ii) has provided property other than the collateral to secure payment or other

performance of the obligation, or (iii) is otherwise accountable in whole or in part for payment or

other performance of the obligation. The term does not include issuers or nominated persons under

a letter of credit.

     (60) "Original debtor," except as used in § 6A-9-310(c), means a person that, as debtor,

entered into a security agreement to which a new debtor has become bound under § 6A-9-203(d).

     (61) "Payment intangible" means a general intangible under which the account debtor's

principal obligation is a monetary obligation.

     (62) "Person related to", with respect to an individual, means:

     (i) The spouse of the individual;

     (ii) A brother, brother-in-law, sister, or sister-in-law of the individual;

     (iii) An ancestor or lineal descendant of the individual or the individual's spouse; or

     (iv) Any other relative, by blood or marriage, of the individual or the individual's spouse

who shares the same home with the individual.

     (63) "Person related to", with respect to an organization, means:

     (i) A person directly or indirectly controlling, controlled by, or under common control with

the organization;

     (ii) An officer or director of, or a person performing similar functions with respect to, the

organization;

     (iii) An officer or director of, or a person performing similar functions with respect to, a

person described in subparagraph (i);

     (iv) The spouse of an individual described in subparagraph (i), (ii), or (iii); or

     (v) An individual who is related by blood or marriage to an individual described in

subparagraph (i), (ii), (iii), or (iv) and shares the same home with the individual.

     (64) "Proceeds," except as used in § 6A-9-609(b), means the following property:

     (i) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of

collateral;

     (ii) Whatever is collected on, or distributed on account of, collateral;

     (iii) Rights arising out of collateral;

     (iv) To the extent of the value of collateral, claims arising out of the loss, nonconformity,

or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or

     (v) To the extent of the value of collateral and to the extent payable to the debtor or the

secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement

of rights in, or damage to, the collateral.

     (65) "Promissory note" means an instrument that evidences a promise to pay a monetary

obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank

that the bank has received for deposit a sum of money or funds.

     (66) "Proposal" means a record authenticated by a secured party which includes the terms

on which the secured party is willing to accept collateral in full or partial satisfaction of the

obligation it secures pursuant to §§ 6A-9-620, 6A-9-621, and 6A-9-622.

     (67) "Public-finance transaction" means a secured transaction in connection with which:

     (i) Debt securities are issued;

     (ii) All or a portion of the securities issued have an initial stated maturity of at least 20

years; and

     (iii) The debtor, obligor, secured party, account debtor or other person obligated on

collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest

is a State or a governmental unit of a State.

     (68) "Public organic record" means a record that is available to the public for inspection

and is:

     (i) A record of consisting of the record initially filed with or issued by a state or the United

States to form or organize an organization and any record filed with or issued by the state of the

United States which amends or restates the initial record;

     (ii) An organic record of a business trust consisting of the record initially filed with a state

and any record filed with the state which amends or restates the initial record, if a statute of the

state governing business trusts requires that the record be filed with the state; or

     (iii) A record consisting of legislation enacted by the legislature of a state or the Congress

of the United States which forms or organizes an organization, any record amending the legislation,

and any record filed with or issued by the state or the United States which amends or restates the

name of the organization.

     (69) "Pursuant to commitment", with respect to an advance made or other value given by

a secured party, means pursuant to the secured party's obligation, whether or not a subsequent event

of default or other event not within the secured party's control has relieved or may relieve the

secured party from its obligation.

     (70) "Record", except as used in "for record", "of record", "record or legal title", and

"record owner", means information that is inscribed on a tangible medium or which is stored in an

electronic or other medium and is retrievable in perceivable form.

     (71) "Registered organization" means an organization formed or organized solely under

the law of a single State or the United States by the filing of a public organic record with, the

issuance of a public organic record by, or the enactment of legislation by the state or United States.

The term includes a business trust that is formed or organized under the law of a single state if a

statute of the state governing business trusts requires that the business trust's organic record be filed

with the state.

     (72) "Secondary obligor" means an obligor to the extent that:

     (i) The obligor's obligation is secondary; or

     (ii) The obligor has a right of recourse with respect to an obligation secured by collateral

against the debtor, another obligor, or property of either.

     (73) "Secured party" means:

     (i) A person in whose favor a security interest is created or provided for under a security

agreement, whether or not any obligation to be secured is outstanding;

     (ii) A person that holds an agricultural lien;

     (iii) A consignor;

     (iv) A person to which accounts, chattel paper, payment intangibles, or promissory notes

have been sold;

     (v) A trustee, indenture trustee, agent, collateral agent, or other representative in whose

favor a security interest or agricultural lien is created or provided for; or

     (vi) A person that holds a security interest arising under § 6A-2-401, 6A-2-505, 6A-2-

711(3), 6A-2.1-508(5), 6A-4-210, or 6A-5-118.

     (74) "Security agreement" means an agreement that creates or provides for a security

interest.

     (75) "Send", in connection with a record or notification, means:

     (i) To deposit in the mail, deliver for transmission, or transmit by any other usual means of

communication, with postage or cost of transmission provided for, addressed to any address

reasonable under the circumstances; or

     (ii) To cause the record or notification to be received within the time that it would have

been received if properly sent under subparagraph (i).

     (76) "Software" means a computer program and any supporting information provided in

connection with a transaction relating to the program. The term does not include a computer

program that is included in the definition of goods.

     (77) "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.

     (78) "Supporting obligation" means a letter-of-credit right or secondary obligation that

supports the payment or performance of an account, chattel paper, a document, a general intangible,

an instrument, or investment property.

     (79) "Tangible chattel paper" means chattel paper evidenced by a record or records

consisting of information that is inscribed on a tangible medium.

     (80) "Termination statement" means an amendment of a financing statement which:

     (i) Identifies, by its file number, the initial financing statement to which it relates; and

     (ii) Indicates either that it is a termination statement or that the identified financing

statement is no longer effective.

     (81) "Transmitting utility" means a person primarily engaged in the business of:

     (i) Operating a railroad, subway, street railway, or trolley bus;

     (ii) Transmitting communications electrically, electromagnetically, or by light;

     (iii) Transmitting goods by pipeline or sewer; or

     (iv) Transmitting or producing and transmitting electricity, steam, gas, or water.

     (b) Definitions in other chapters. "Control" as provided in § 6A-7-206 § 6A-7-106 and the

following definitions in other chapters apply to this chapter:

     "Applicant" § 6A-5-102.

     "Beneficiary" § 6A-5-102.

     "Broker" § 6A-8-102.

     "Certificated security" § 6A-8-102.

     "Check" § 6A-3-104.

     "Clearing corporation" § 6A-8-102.

     "Contract for sale" § 6A-2-106.

     "Customer" § 6A-4-104.

     "Entitlement holder" § 6A-8-102.

     "Financial asset" § 6A-8-102.

     "Holder in due course" § 6A-3-302.

     "Issuer" (with respect to a letter of credit or letter-of-credit right) § 6A-5-102.

     "Issuer" (with respect to a security) § 6A-8-201.

     "Issuer" (with respect to documents of title) § 6A-7-102.

     "Lease" § 6A-2.1-103.

     "Lease agreement" § 6A-2.1-103.

     "Lease contract" § 6A-2.1-103.

     "Leasehold interest" § 6A-2.1-103.

     "Lessee" § 6A-2.1-103.

     "Lessee in ordinary course of business" § 6A-2.1-103.

     "Lessor" § 6A-2.1-103.

     "Lessor's residual interest" § 6A-2.1-103.

     "Letter of credit" § 6A-5-102.

     "Merchant" § 6A-2-104.

     "Negotiable instrument" § 6A-3-104.

     "Nominated person" § 6A-5-102.

     "Note" § 6A-3-104.

     "Proceeds of a letter of credit" § 6A-5-114.

     "Prove" § 6A-3-103.

     "Sale" § 6A-2-106.

     "Securities account" § 6A-8-501.

     "Securities intermediary" § 6A-8-102.

     "Security" § 6A-8-102.

     "Security certificate" § 6A-8-102.

     "Security entitlement" § 6A-8-102.

     "Uncertificated security" § 6A-8-102.

     (c) Chapter 1 definitions and principles. Chapter 1 of this title contains general definitions

and principles of construction and interpretation applicable throughout this chapter.

 

 

 

 

131)

Section

Amended Chapter Numbers:

 

7-1.2-1312

385 and 386

 

 

7-1.2-1312. Withdrawal of certificate of revocation.

     (a) Within ten (10) twenty (20) years after issuing a certificate of revocation as provided in

§ 7-1.2-1311, the secretary of state may withdraw the certificate of revocation and retroactively

reinstate the corporation in good standing as if its articles of incorporation had not been revoked,

except as subsequently provided:

     (1) Upon the filing by the corporation of the documents it had previously failed to file as

set forth in subdivisions (3) -- (6) of § 7-1.2-1310(a);

     (2) Upon the payment by the corporation of a penalty for each year or part of a year that

has elapsed since the issuance of the certificate of revocation; and

     (3) Upon the filing by the corporation of a certificate of good standing from the Rhode

Island division of taxation.

     (b) If, as permitted by the provisions of this title, another corporation, whether business or

nonprofit, limited partnership, limited-liability partnership or limited-liability company, or

domestic or foreign, qualified to transact business in this state, bears or has filed a fictitious business

name statement with respect to or reserved or registered a name which that is not distinguishable

upon the records of the secretary of state from the name of a corporation with respect to which the

certificate of revocation is proposed to be withdrawn, then the secretary of state shall condition the

withdrawal of the certificate of revocation upon the reinstated corporation's amending its articles

of incorporation or otherwise complying with the provisions of this chapter with respect to the use

of a name available to it under the laws of this state so as to designate a name which is

distinguishable upon the records of the secretary of state from its former name.

     (c) Upon the withdrawal of the certificate of revocation and reinstatement of the

corporation in good standing as provided in subsection (a) of this section, title to any real estate, or

any interest in real estate, held by the corporation at the time of the issuance of the certificate of

revocation and not conveyed subsequent to the revocation of its articles of incorporation is deemed

to be revested in the corporation without further act or deed.

 

 

 

132)

Section

Amended Chapter Numbers:

 

7-1.2-1416

385 and 386

 

 

7-1.2-1416. Withdrawal of certificate of revocation.

     (a) Within ten (10) twenty (20) years after issuing a certificate of revocation as provided in

§ 7-1.2-1415, the secretary of state may withdraw the certificate of revocation and retroactively

reinstate the corporation in good standing as if its certificate of incorporation had not been revoked,

except as subsequently provided:

     (1) Upon the filing by the corporation of the documents it had previously failed to file as

set forth in subsections (a)(1) -- (a)(4) of § 7-1.2-1414;

     (2) Upon the payment by the corporation of a penalty for each year or part of a year that

has elapsed since the issuance of the certificate of revocation; and

     (3) Upon the filing by the corporation of a certificate of good standing from the Rhode

Island division of taxation.

     (b) If, as permitted by the provisions of this title, another corporation, whether business or

nonprofit limited partnership, limited-liability partnership or limited-liability company, or domestic

or foreign, qualified to transact business in this state, bears or has filed a fictitious business name

statement with respect to or reserved or registered a name which that is not distinguishable upon

the records of the secretary of state from the name of a corporation with respect to which the

certificate of revocation is proposed to be withdrawn, then the secretary of state shall condition the

withdrawal of the certificate of revocation upon the reinstated corporation's amending its articles

of incorporation or otherwise complying with the provisions of this chapter with respect to the use

of a name available to it under the laws of this state so as to designate a name which is

distinguishable upon the records of the secretary of state from its former name.

     (c) Upon the withdrawal of the certificate of revocation and reinstatement of the

corporation in good standing as provided in subsection (a), title to any real estate, or any interest in

real estate, held by the corporation at the time of the issuance of the certificate of revocation and

not conveyed subsequent to the revocation of its certificate of incorporation, shall be deemed to be

revested in the corporation without further act or deed.

 

 

 

 

 

133)

Section

Amended Chapter Numbers:

 

7-1.2-1501

137 and 138

 

 

7-1.2-1501. Annual reports of domestic and foreign corporations.

     (a) Each domestic corporation, and each foreign corporation authorized to transact business

in this state, shall file, within the time prescribed by this chapter, an annual report stating:

     (1) The name of the corporation and the state or country under the laws of which it is

incorporated;

     (2) A brief statement of the character of the business in which the corporation is actually

engaged in this state;

     (3) The names and respective addresses of the directors and officers of the corporation;

     (4) A statement of the aggregate number of shares which the corporation has authority to

issue, itemized by classes, par value of shares, if any, and series, if any, within a class;

     (5) A statement of the aggregate number of issued shares, itemized by classes, par value of

shares, if any, and series, if any, within a class; and

     (6) Any additional information that is required by the secretary of state.

     (b) The annual report must be made on forms prescribed and furnished by the secretary of

state, and the information contained therein must be given as of the date of the execution of the

report. It must be executed on behalf of the corporation by its authorized representative, or, if the

corporation is in the hands of a receiver or trustee, it must be executed on behalf of the corporation

by the receiver or trustee.

     (c) The annual report of a domestic or foreign corporation must be delivered to the secretary

of state between January 1 and March 1 February 1 and May 1 of each year, except that the first

annual report of a domestic or foreign corporation must be filed between January 1 and March 1

February 1 and May 1 of the year following the calendar year in which its articles of incorporation

were filed with or its certificate of authority was issued by the secretary of state. Proof to the

satisfaction of the secretary of state that prior to March 1 May 1 the report was deposited in the

United States mail in a sealed envelope, properly addressed, with postage prepaid, is deemed to be

a compliance with this requirement.

     (d) If the secretary of state finds that the annual report conforms to the requirements of this

chapter, the secretary of state shall file the report. If the secretary of state finds that it does not

conform, the secretary of state shall promptly return the report to the corporation for any necessary

corrections, in which event the penalties subsequently prescribed for failure to file the report within

the time previously provided do not apply if the report is corrected to conform to the requirements

of this chapter and returned to the secretary of state within thirty (30) days from the date on which

it was mailed to the corporation by the secretary of state.

     (e) Each corporation, domestic or foreign, that fails or refuses to file its annual report for

any year within thirty (30) days after the time prescribed by this chapter is subject to a penalty of

twenty-five dollars ($25.00) per year.

 

 

 

 

 

 

134)

Section

Amended Chapter Numbers:

 

7-6-2

232 and 335

 

 

7-6-2. Definitions.

     As used in this chapter, unless the context otherwise requires, the term:

     (1) "Articles of incorporation" means the original or restated articles of incorporation or

articles of consolidation and all amendments to it, including articles of merger and special acts of

the general assembly creating corporations and/or entities.

     (2) "Authorized representative" means a person who is duly authorized by a nonprofit

corporation's board of directors to act on behalf of the nonprofit corporation.

     (3) "Board of directors" means the group of persons vested with the management of the

affairs of the corporation (including, without being limited to, a board of trustees) regardless of the

name by which the group is designated.

     (4) "Bylaws" means the code or codes of rules adopted for the regulation or management

of the affairs of the corporation regardless of the name, or names, by which the rules are designated.

     (5) "Corporation" or "Domestic corporation" means a nonprofit corporation subject to the

provisions of this chapter, except a foreign corporation.

     (6) "Delivering/Delivered" means either physically transferring a paper document to the

secretary of state or transferring a document to the secretary of state by electronic transmission

through a medium provided and authorized by the secretary of state.

     (7) "Director" means a member of a board of directors.

     (8) "Electronic transmission" means any form of communication, not directly involving

the physical transmission of paper, that creates a record that may be retained, retrieved, and

reviewed by a recipient thereof and that may be directly reproduced in paper form by such a

recipient through an automated process.

     (9) “Entity” includes a domestic or foreign business corporation, domestic or foreign

nonprofit corporation, domestic or foreign unincorporated entity, estate, trust, state, the United

States, a foreign government, or a governmental subdivision.

     (9) (10) "Filing" means delivered to the secretary of state in either paper format or

electronic transmission through a medium provided and authorized by the secretary of state.

     (10) (11) "Foreign corporation" means a nonprofit corporation organized under laws other

than the laws of this state.

     (11) (12) "Insolvent" means inability of a corporation to pay its debts as they become due

in the usual course of its affairs.

     (12) (13) "Member" means one having membership rights in a corporation in accordance

with the provisions of its articles of incorporation or bylaws regardless of the name by which the

person is designated.

     (13) (14) "Nonprofit corporation" means a corporation of which no part of the income or

profit is distributable to its members, directors, or officers, except as otherwise expressly permitted

by this chapter.

     (14) (15) "Signature" or "signed" or "executed" means an original signature, facsimile, or

an electronically transmitted signature submitted through a medium provided and authorized by the

secretary of state.

     (16) “Unincorporated entity” means an organization or artificial legal person that either has

a separate legal existence or has the power to acquire an estate in real property in its own name and

that is not any of the following: a domestic or foreign business or nonprofit corporation, an estate,

a trust, a governmental subdivision, a state, the United States, or a foreign government. The term

includes a general partnership, limited-liability company, limited partnership, business or statutory

trust, joint stock association, and unincorporated nonprofit association.

     (15) (17) "Volunteer" means an individual performing services for a nonprofit corporation

without compensation.

 

 

 

 

135)

Section

Amended Chapter Numbers:

 

7-6-43

232 and 335

 

 

7-6-43. Procedure for merger

.

     (a) Notwithstanding anything to the contrary contained in any general or public law, rule,

or regulation, any two (2) or more corporations entities, whether defined in §§§ § 7-6-2, or § § 7-

1.2-106, § 7-13-1, or § 7-16-2, may merge into one of the corporations entities pursuant to a plan

of merger approved in the manner provided in this chapter. This section does not apply to insurance

holding company systems as defined in § 27-35-1.

     (b) Each corporation entity shall adopt a plan of merger setting forth:

     (1) The names of the corporations entities proposing to merge, and the name of the

corporations entity into which they propose to merge, which is subsequently designated as the

surviving corporations entity;

     (2) The terms and conditions of the proposed merger;

     (3) A statement of any changes in the articles of incorporation of the surviving corporations

entity to be effected by the merger; and

     (4) Such other provisions regarding the proposed merger that are deemed necessary or

desirable.

 

 

 

136)

Section

Amended Chapter Numbers:

 

7-6-44

232 and 335

 

 

7-6-44. Procedure for consolidation.

     (a) Notwithstanding anything to the contrary contained in any general or public law, rule,

or regulation, any two (2) or more corporations entities, whether defined in §§§ § 7-6-2 or, § § 7-

1.2-106, § 7-13-1, or § 7-16-2 may consolidate into one of the corporations entities pursuant to a

plan of consolidation approved in the manner provided in this chapter. This section does not apply

to insurance holding company systems as defined in § 27-35-1.

     (b) Each corporation entity shall adopt a plan of consolidation setting forth:

     (1) The names of the corporations entities proposing to consolidate, and the name of the

new corporation entity into which they propose to consolidate, which is subsequently designated

as the new corporation entity;

     (2) The terms and conditions of the proposed consolidation;

     (3) Regarding the new corporation entity, all of the statements required to be set forth in

articles of incorporation for corporations entities organized under this chapter; and

     (4) Any other provisions regarding the proposed consolidation that are deemed necessary

or desirable.

 

 

 

137)

Section

Amended Chapter Numbers:

 

7-6-45

232 and 335

 

 

7-6-45. Approval of merger or consolidation.

     (a) A plan of merger or consolidation is adopted in the following manner:

     (1) If the members of any merging or consolidating corporation are entitled to vote on it,

the board of directors of the corporation shall adopt a resolution approving the proposed plan and

directing that it be submitted to a vote at a meeting of members entitled to vote on it, which may

be either an annual or a special meeting. Written notice setting forth the proposed plan or a summary

of the plan shall be given to each member entitled to vote at the meeting within the time and in the

manner provided in this chapter for the giving of notice of meetings of members. The proposed

plan shall be adopted upon receiving at least a majority of the votes that members present at each

meeting or represented by proxy are entitled to cast.

     (2) If any merging or consolidating corporation has no members, or no members entitled

to vote on it, a plan of merger or consolidation shall be adopted at a meeting of the board of directors

of the corporation upon receiving the vote of a majority of the directors in office.

     (3) A limited-liability company party to a proposed merger or consolidation shall have the

plan of merger or consolidation authorized and approved in the manner and by the vote required

by § 7-16-21;.

     (4) A domestic limited partnership party to a proposed merger or consolidation shall have

the plan of merger or consolidation, unless otherwise provided in the limited partnership agreement,

authorized and approved in the manner and by the vote required by the laws of this state for mergers

or consolidations of a domestic limited partnership with other limited partnerships or other business

entities.

     (b) After approval, and at any time prior to the filing of the articles of merger or

consolidation, the merger or consolidation may be abandoned pursuant to any provisions for

abandonment set forth in the plan of merger or consolidation.

 

 

 

 

138)

Section

Amended Chapter Numbers:

 

7-6-46

232 and 335

 

 

7-6-46. Articles of merger or consolidation.

     (a) Upon approval, articles of merger or articles of consolidation shall duly be executed by

each corporation by its president or a vice president and by its secretary or an assistant secretary,

and shall set forth:

     (1) The plan of merger or the plan of consolidation;

     (2) If the members of any merging or consolidating corporation are entitled to vote on the

plan, then as to each corporation:

     (i) A statement setting forth the date of the meeting of members at which the plan was

adopted, that a quorum was present at the meeting, and that the plan received at least a majority of

the votes that members present at the meeting or represented by proxy were entitled to cast; or

     (ii) A statement that the plan was adopted by a consent in writing signed by all members

entitled to vote on it;

     (3) If any merging or consolidating corporation has no members, or no members entitled

to vote on the plan, then as to each corporation a statement of the fact, the date of the meeting of

the board of directors at which the plan was adopted, and a statement of the fact that the plan

received the vote of a majority of the directors in office.,

     (4) A statement that the plan of merger was authorized and approved by each other

constituent entity;

     (5) The effective date of the merger or consolidation if later than the date of filing of the

articles of merger or consolidation;

     (6) The identity of the surviving entity or the new entity by name, type, and state or other

jurisdiction under whose laws it is organized or formed; and.

     (b) The articles of merger or articles of consolidation shall be delivered to the secretary of

state. If the secretary of state finds that the articles conform to law, he or she shall, when all fees

have been paid as prescribed in this chapter:

     (1) Endorse on the original the word "Filed", and the month, day, and year of the filing;

     (2) File the original in the secretary of state's office;

     (3) Issue a certificate of merger or a certificate of consolidation.

     (c) The certificate of merger or certificate of consolidation shall be delivered to the

surviving or new corporation entity, as the case may be, or its representative.

     (d) The articles of merger or consolidation shall act as a certificate of cancellation for each

party to the merger or consolidation that is not the surviving entity or the new entity.

 

 

 

 

139)

Section

Amended Chapter Numbers:

 

7-6-47

232 and 335

 

 

7-6-47. Effect of merger or consolidation.

     (a) Upon the issuance of the certificate of merger, or the certificate of consolidation by the

secretary of state, the merger or consolidation is effected.

     (b) When the merger or consolidation has been effected:

     (1) The several corporations parties to the plan of merger or consolidation are a single

corporation entity, which that, in the case of a merger, is that corporation entity designated in the

plan of merger as the surviving corporation entity, and, in the case of a consolidation, is the new

corporation entity provided for in the plan of consolidation.

     (2) The separate existence of all corporations parties to the plan of merger or consolidation,

except the surviving or new corporation entity, ceases.

     (3) The surviving or new corporation entity has all the rights, privileges, immunities, and

powers and is subject to all the duties and liabilities of a corporation an entity organized under this

chapter.

     (4) The surviving or new corporation entity at that time and subsequently possesses all the

rights, privileges, immunities, and franchises, of a public as well as of a private nature, of each of

the merging or consolidating corporations entities; and all property, real, personal, and mixed, and

all debts due on any account, and all other choses in action. Every other interest, of or belonging to

or due to each of the corporations entities merged or consolidated, is deemed to be transferred to

and vested in the single corporation entity without further act or deed. The title to any real estate,

or any interest in it, vested in any of the corporations entities does not revert or become in any way

impaired because of the merger or consolidation.

     (5) The surviving or new corporation entity is from that time on responsible and liable for

all the liabilities and obligations of each of the corporations entities merged or consolidated. Any

claim existing or action or proceeding pending by or against any of the corporations entities may

be prosecuted as if the merger or consolidation had not taken place, or the surviving or new

corporation entity may be substituted in its place. Neither the rights of creditors nor any liens upon

the property of any corporation entity is impaired by the merger or consolidation.

     (6) In the case of a merger, the articles of incorporation of the surviving corporation entity

are deemed to be amended to the extent that changes in its articles of incorporation formation are

stated in the plan of merger. In the case of a consolidation, the statements set forth in the articles of

consolidation and that are required or permitted to be set forth in the articles of incorporation of

corporations entities organized under this chapter are deemed to be the articles of incorporation of

the new corporation entity.

 

 

 

140)

Section

Amended Chapter Numbers:

 

7-6-48

232 and 335

 

 

7-6-48. Merger or consolidation of domestic and foreign corporations.

     (a) Notwithstanding anything to the contrary contained in any general or public law, rule,

or regulation, any two (2) or more corporations entities, whether defined in §§§ § 7-6-2, or § § 7-

1.2-106, § 7-13-1, or § 7-16-2, may be merged or consolidated in the following manner, if the

merger or consolidation is permitted by the laws of the state under which each foreign corporation

entity is organized:

     (1) Each domestic corporation entity shall comply with the provisions of this chapter

regarding the merger or consolidation of domestic corporations entities and each foreign

corporation entity shall comply with the applicable provisions of the laws of the state under which

it is organized.

     (2) If the surviving or new corporation entity is to be governed by the laws of any state

other than this state, it shall comply with the provisions of this chapter with respect to foreign

corporations entities if it is to conduct affairs in this state, and in every case it shall file with the

secretary of state of this state:

     (i) An agreement that it may be served with process in this state in any proceeding for the

enforcement of any obligation of any domestic corporation entity that is a party to the merger or

consolidation; and

     (ii) An irrevocable appointment of the secretary of state of this state as its agent to accept

service of process in any proceeding.

     (b) The effect of the merger or consolidation shall be the same as in the case of the merger

or consolidation of domestic corporations entities, if the surviving or new corporation entity is to

be governed by the laws of this state. If the surviving or new corporation entity is to be governed

by the laws of any state other than this state, the effect of the merger or consolidation is the same

as in the case of the merger or consolidation of domestic corporations entities except insofar as the

laws of the other state provide otherwise.

     (c) After approval by the members or, if there are no members entitled to vote on it, by the

board of directors, and at any time prior to the filing of the articles of merger or consolidation, the

merger or consolidation may be abandoned pursuant to provisions for abandonment set forth in the

plan of merger or consolidation.

     (d) This section does not apply to insurance holding company systems as defined in § 27-

35-1.

 

 

 

141)

Section

Added Chapter Numbers:

 

7-6-48.1

232 and 335

 

 

7-6-48.1. Conversion of other entities to a domestic nonprofit corporation.

     (a) As used in this section, the term "other entity" means a foreign corporation or domestic

or foreign unincorporated entity no part of the income or profit of which is distributable to its

members, directors, or officers.

     (b) Any other entity may convert to a nonprofit corporation of this state by complying with

subsection (h) of this section and filing in the office of the secretary of state:

     (1) A certificate of conversion to corporation (nonprofit) that has been executed in

accordance with subsection (i) of this section and filed in the office of the secretary of state in

accordance with § 7-6-48.2; and

     (2) Articles of incorporation that have been executed, acknowledged and filed in

accordance with § 7-6-35.

     (c) The certificate of conversion to corporation (nonprofit) shall state:

     (1) The date on which, and the jurisdiction where, the other entity was first created,

incorporated, formed, or otherwise came into being and, if it has changed, its jurisdiction

immediately prior to its conversion to a domestic corporation;

     (2) The name and type of the other entity immediately prior to the filing of the certificate

of conversion to corporation (nonprofit); and

     (3) The name of the corporation as set forth in its articles of incorporation filed in

accordance with subsection (b) of this section.

     (d) Upon the effective time of the certificate of conversion to corporation (nonprofit) and

the articles of incorporation, the other entity shall be converted to a corporation of this state and the

corporation shall thereafter be subject to all of the provisions of this title, except that

notwithstanding § 7-6-36, the existence of the corporation shall be deemed to have commenced on

the date the other entity commenced its existence in the jurisdiction in which the other entity was

first created, formed, incorporated, or otherwise came into being.

     (e) The conversion of any other entity to a corporation of this state shall not be deemed to

affect any obligations or liabilities of the other entity incurred prior to its conversion to a

corporation of this state or the personal liability of any person incurred prior to such the conversion.

     (f) When another entity has been converted to a corporation of this state pursuant to this

section, the corporation of this state shall, for all purposes of the laws of the state, be deemed to be

the same entity as the converting other entity. When any conversion shall have become effective

under this section, for all purposes of the laws of the state, all of the rights, privileges and powers

of the other entity that has converted, and all property, real, personal, and mixed, and all debts due

to such the other entity, as well as all other things and causes of action belonging to such the other

entity, shall remain vested in the domestic corporation to which such the other entity has converted

and shall be the property of such the domestic corporation and that title to any real property vested

by deed or otherwise in such the other entity shall not revert to such the other entity or be in any

way impaired by reason of this chapter; but all rights of creditors and all liens upon any property

of such the other entity shall be preserved unimpaired, and all debts, liabilities, and duties of the

other entity that has converted shall remain attached to the corporation of this state to which such

the other entity has converted, and may be enforced against it to the same extent as if said the

debts, liabilities, and duties had originally been incurred or contracted by it in its capacity as a

corporation of this state. The rights, privileges, powers, and interests in property of the other entity,

as well as the debts, liabilities, and duties of the other entity, shall not be deemed, as a consequence

of the conversion, to have been transferred to the domestic corporation to which such the other

entity has converted for any purpose of the laws of the state.

     (g) Unless otherwise agreed for all purposes of the laws of the state, or as required under

applicable non-Rhode Island law, the converting other entity shall not be required to wind up its

affairs or pay its liabilities and distribute its assets, and the conversion shall not be deemed to

constitute a dissolution of such the other entity and shall constitute a continuation of the existence

of the converting other entity in the form of a corporation of this state.

     (h) Prior to filing a certificate of conversion to corporation (nonprofit) with the office of

the secretary of state, the conversion shall be approved in the manner provided for by the document,

instrument, agreement, or other writing, as the case may be, governing the internal affairs of the

other entity and the conduct of its business or by applicable law, as appropriate, and articles of

incorporation shall be approved by the same authorization required to approve the conversion.

     (i) The certificate of conversion to corporation (nonprofit) shall be signed by any person

who is authorized to sign the certificate of conversion to corporation (nonprofit) on behalf of the

other entity.

 

 

 

 

142)

Section

Added Chapter Numbers:

 

7-46-48.2

232 and 335

 

 

7-6-48.2. Filing of certificate of conversion to corporation (nonprofit).

     (a) The certificate of conversion to corporation (nonprofit) shall be delivered to the

secretary of state. If the secretary of state finds that the certificate of conversion to corporation

(nonprofit) conforms to law, the secretary of state shall, when all fees have been paid as prescribed

in subsection (b) of this section:

     (1) Endorse on the original the word "Filed", and the month, day, and year of the filing;

     (2) File the original in the secretary of state's office; and

     (3) Issue a certificate of conversion to corporation (nonprofit).

     (b) The secretary of state shall charge and collect for filing a certificate of conversion

(nonprofit), twenty-five dollars ($25.00).

     (c) The certificate of conversion to corporation (nonprofit) shall be delivered to the

 

 

 

 

143)

Section

Added Chapter Numbers:

 

7-6-48.3

232 and 335

 

 

7-6-48.3. Conversion of a domestic nonprofit corporation to other entities.

     (a) A nonprofit corporation of this state may, upon the authorization of such a conversion

in accordance with this section, convert to a limited-liability company, business trust or association,

real estate investment trust, common-law trust, or any other unincorporated business or entity,

including a partnership (whether general or limited, including a registered limited-liability

partnership) or a foreign corporation.

     (b) If the members of the converting corporation are entitled to vote on it, the board of

directors of the corporation shall adopt a resolution, specifying the type of entity into which the

corporation shall be converted, the terms and conditions of the conversion, and recommending the

approval of such conversion by directing that it be submitted to a vote at a meeting of members

entitled to vote on it, which may be either an annual or a special meeting. Written notice setting

forth the proposed conversion shall be given to each member entitled to vote at the meeting within

the time and in the manner provided in this chapter for the giving of notice of meetings of members.

The conversion shall be adopted upon receiving at least a majority of the votes that members present

at each meeting or represented by proxy are entitled to cast.

     (c) If any converting corporation has no members, or no members entitled to vote on it, a

resolution for conversion shall be adopted at a meeting of the board of directors of the corporation

upon receiving the vote of a majority of the directors in office.

     (d) The corporation shall file with the secretary of state a certificate of conversion to non-

Rhode Island entity, executed by its president and vice president and by its secretary or an assistant

secretary, that certifies:

     (1) The name of the corporation, and if it has been changed, the name under which it was

originally incorporated;

     (2) The date of filing of its original articles of incorporation with the secretary of state;

     (3) The name and jurisdiction of the entity and type of entity to which the corporation shall

be converted;

     (4) That the conversion has been approved in accordance with the provisions of this

section;

     (5) The agreement of the corporation that it may be served with process in the state of

Rhode Island in any action, suit, or proceeding for enforcement of any obligation of the corporation

arising while it was a corporation of this state, and that it irrevocably appoints the secretary of state

as its agent to accept service of process in any such action, suit, or proceeding; and

     (6) The address to which a copy of the process referred to in subsection (d)(5) of this section

shall be mailed to it by the secretary of state. In the event of such service upon the secretary of state

in accordance with subsection (d)(5) of this section, the secretary of state shall forthwith notify

such the corporation that has converted out of the state of Rhode Island by letter, certified mail,

return receipt requested, directed to such the corporation that has converted out of the state of

Rhode Island at the address so specified, unless such the corporation shall have designated in

writing to the secretary of state a different address for such this purpose, in which case it shall be

mailed to the last address designated. Such The letter shall enclose a copy of the process and any

other papers served on the secretary of state pursuant to this subsection. It shall be the duty of the

plaintiff in the event of such service to serve process and any other papers in duplicate; to notify

the secretary of state that service is being effected pursuant to this subsection; and to pay the

secretary of state the sum of fifteen dollars ($15.00) for the use of the state, which sum shall be

taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The secretary of

state shall maintain an alphabetical record of any such service setting forth the name of the plaintiff

and the defendant; the title, docket number, and nature of the proceeding in which process has been

served; the fact that service has been effected pursuant to this subsection; the return date thereof;

and the day and hour service was made. The secretary of state shall not be required to retain such

information longer than five (5) years from receipt of the service of process.

     (e) Upon the filing in the office of the secretary of state of a certificate of conversion to

non-Rhode Island entity in accordance with subsection (d) of this section, or upon the future

effective date or time of the certificate of conversion to non-Rhode Island entity and payment to

the secretary of state of all fees prescribed under this title, the secretary of state shall certify that

the corporation has filed all documents and paid all fees required by this title, and thereupon the

corporation shall cease to exist as a corporation of this state at the time the certificate of conversion

becomes effective. Such The certificate of the secretary of state shall be prima facie evidence of

the conversion by such the corporation out of the state.

     (f) The conversion of a corporation out of the state in accordance with this section and the

resulting cessation of its existence as a corporation of this state pursuant to a certificate of

conversion to non-Rhode Island entity shall not be deemed to affect any obligations or liabilities of

the corporation incurred prior to such conversion or the personal liability of any person incurred

prior to such conversion, nor shall it be deemed to affect the choice of law applicable to the

corporation with respect to matters arising prior to such conversion.

     (g) Unless otherwise provided in a resolution of conversion adopted in accordance with

this section, the converting corporation shall not be required to wind up its affairs or pay its

liabilities and distribute its assets, and the conversion shall not constitute a dissolution of such

corporation.

     (h) When a corporation has been converted to another entity or business form pursuant to

this section, the other entity or business form shall, for all purposes of the laws of the state, be

deemed to be the same entity as the corporation. When any conversion shall have become effective

under this section, for all purposes of the laws of the state, all of the rights, privileges, and powers

of the corporation that has converted, and all property, real, personal, and mixed, and all debts due

to such the corporation, as well as all other things and causes of action belonging to such the

corporation, shall remain vested in the other entity or business form to which such the corporation

has converted and shall be the property of such the other entity or business form, and the title to

any real property vested by deed or otherwise in such the corporation shall not revert to such the

corporation or be in any way impaired by reason of this chapter; but all rights of creditors and all

liens upon any property of such the corporation shall be preserved unimpaired, and all debts,

liabilities, and duties of the corporation that has converted shall remain attached to the other entity

or business form to which such the corporation has converted, and may be enforced against it to

the same extent as if said the debts, liabilities, and duties had originally been incurred or contracted

by it in its capacity as such the other entity or business form. The rights, privileges, powers, and

interest in property of the corporation that has converted, as well as the debts, liabilities, and duties

of such the corporation, shall not be deemed, as a consequence of the conversion, to have been

transferred to the other entity or business form to which such corporation has converted for any

purposes of the laws of the state.

 

 

 

144)

Section

Added Chapter Numbers:

 

7-6-48.4

232 and 335

 

 

7-6-48.4. Filing of certificate of conversion to corporation (nonprofit).

     (a) The certificate of conversion to corporation (nonprofit) shall be delivered to the

secretary of state. If the secretary of state finds that the certificate of conversion to corporation

(nonprofit) conforms to law, the secretary of state shall, when all fees have been paid as prescribed

in subsection (b) of this section:

     (1) Endorse on the original the word "Filed", and the month, day, and year of the filing;

     (2) File the original in the secretary of state’s office; and

     (3) Issue a certificate of conversion to corporation (nonprofit).

     (b) The secretary of state shall charge and collect for filing a certificate of conversion

(nonprofit), twenty-five dollars ($25.00).

     (c) The certificate of conversion to corporation (nonprofit) shall be delivered to the

corporation.

 

 

 

 

145)

Section

Amended Chapter Numbers:

 

7-6-58

385 and 386

 

 

7-6-58. Withdrawal of certificate of revocation.

     (a) Within ten (10) twenty (20) years after issuing a certificate of revocation as provided in

§ 7-6-57, the secretary of state may withdraw the certificate of revocation and reinstate the

corporation in good standing:

     (1) Upon filing by the corporation of the documents it had previously failed to file as set

forth in § 7-6-56(a)(3) -- (a)(6); and

     (2) Upon the payment by the corporation of a penalty in the amount of twenty-five dollars

($25.00) for each year or part of a year that has elapsed since the issuance of the certificate of

revocation.

     (b) If as permitted by § 7-6-11(b)(2) another corporation, whether business or nonprofit, or

domestic or foreign qualified to transact business in this state, bears or has filed a fictitious business

name statement with respect to or reserved or registered in a name that is the same as the name of

a corporation regarding which the certificate of revocation is proposed to be withdrawn, the

secretary of state shall condition the withdrawal of the certificate of revocation upon the reinstated

corporation's amending its articles of incorporation so as to designate a name that is distinguishable

upon the records of the secretary of state from its former name.

     (c) Upon the withdrawal of the certificate of revocation and reinstatement of the

corporation in good standing as provided in subsection (a), title to any real estate, or any interest in

real estate, held by the corporation at the time of the issuance of the certificate of revocation and

not conveyed subsequent to the revocation of its certificate of incorporation shall be deemed to be

re-vested in the corporation without further act or deed.

 

 

 

146)

Section

Amended Chapter Numbers:

 

7-6-87

385 and 386

 

 

7-6-87. Withdrawal of certificates of revocation.

     Within ten (10) twenty (20) years after issuing a certificate of revocation as provided in §

7-6-86, the secretary of state may withdraw the certificate of revocation and reinstate the

corporation in good standing:

     (1) Upon the filing by the corporation of the documents it had previously failed to file as

set forth in § 7-6-85(a)(1) -- (a)(4), inclusive; and

     (2)(i) Upon the payment by the corporation of a penalty of twenty-five dollars ($25.00) for

each year or part of a year that has elapsed since the issuance of the certificate of revocation.

     (ii) If as permitted by § 7-6-72(2) another corporation, whether business or nonprofit, or

domestic or foreign, qualified to transact business in this state, bears or has filed a fictitious

business name statement regarding or reserved or registered a name that is the same as the name of

a corporation regarding which the certificate of revocation is proposed to be withdrawn, the

secretary of state shall condition the withdrawal of a certificate of revocation upon the reinstated

corporation's amending its articles of incorporation so as to designate a name that is distinguishable

upon the records of the secretary of state from its former name.

 

 

 

 

147)

Section

Amended Chapter Numbers:

 

7-6-90

137 and 138

 

 

7-6-90. Annual report of domestic and foreign corporations.

     (a) Each domestic corporation, and each foreign corporation authorized to conduct affairs

in this state, shall file, within the time prescribed by this chapter, an annual report setting forth the

following information as of the date of the report:

     (1) The name of the corporation and the state or country under the laws of which it is

incorporated;

     (2) The address of the registered office of the corporation in this state and the name of its

registered agent in this state at the address;

     (3) The address of the principal office of the corporation;

     (4) A brief statement of the character of the affairs that the corporation is actually

conducting, or, in the case of a foreign corporation, that the corporation is actually conducting in

this state; and

     (5) The names and respective addresses of the directors and officers of the corporation.

     (b) The annual report shall be made on forms prescribed and furnished by the secretary of

state and the information contained in the report shall be given as of the date of the execution of

the report. It shall be executed by the corporation by its president, a vice president, secretary, an

assistant secretary, treasurer, or authorized representative, or, if the corporation is in the hands of a

receiver or trustee, it shall be executed on behalf of the corporation by the receiver or trustee.

 

 

 

148)

Section

Amended Chapter Numbers:

 

7-6-91

137 and 138

 

 

7-6-91. Filing of annual report of domestic and foreign corporations.

     (a) The annual report of a domestic or foreign corporation shall be delivered to the secretary

of state during the month of June between February 1 and May 1 of each year, except that the first

annual report of a domestic or foreign corporation shall be filed during the month of June between

February 1 and May 1 of the year following the calendar year in which its certificate of

incorporation or its certificate of authority was issued by the secretary of state.

     (b) Proof to the satisfaction of the secretary of state that prior to the first day of July May

the report was deposited in the United States mail in a sealed envelope, properly addressed, with

postage prepaid, is deemed a compliance with this requirement.

     (c) If the secretary of state finds that the report conforms to the requirements of this chapter,

the secretary of state shall file the report.

     (d) If the secretary of state finds that it does not conform, the secretary of state shall

promptly return the report to the corporation for any necessary corrections, in which case the

penalties subsequently prescribed for failure to file the report within the time above provided do

not apply if the report is corrected to conform to the requirements of this chapter and returned to

the secretary of state within thirty (30) days from the date on which it was mailed to the corporation

by the secretary of state.

 

 

 

 

 

149)

Section

Amended Chapter Numbers:

 

7-16-12

137 and 138

 

 

7-16-12. Amendment and restatement of articles of organization.

     (a) The articles of organization shall be amended when:

     (1) There is a change in the name of the limited-liability company; or

     (2) A company that did not previously have managers designates managers, or a company

that previously did have managers is to be managed by its members; or

     (3) There is a change in the manager of record.

     (b) The articles of organization may be amended at any time and in any respect that is

desired, as long as the articles of organization, as amended, contain only those provisions as are

lawful under this chapter.

     (c) The articles of organization may be restated at any time. Any restatement may include

additional amendments.

 

 

 

150)

Section

Amended Chapter Numbers:

 

7-16-43

385 and 386

 

 

7-16-43. Withdrawal of certificate of revocation.

     (a) Within ten (10) twenty (20) years after issuing a certificate of revocation as provided in

§ 7-16-42, the secretary of state may withdraw the certificate of revocation and retroactively

reinstate the limited-liability company in good standing as if its certificate of organization or

certificate of registration had not been revoked except as subsequently provided:

     (1) On the filing by the limited-liability company of the documents it had previously failed

to file as set forth in subdivisions (3) -- (6) of § 7-16-41(a);

     (2) On the payment by the limited-liability company of a penalty in the amount of fifty

dollars ($50.00) for each year or part of year that has elapsed since the issuance of the certificate

of revocation; and

     (3) Upon the filing by the limited-liability company of a certificate of good standing from

the Rhode Island division of taxation.

     (b) If, as permitted by the provisions of this chapter or chapters 1.2, 6, 12, or 13 of this title,

another limited-liability company, business or nonprofit corporation, registered limited liability

partnership or a limited partnership, or in each case domestic or foreign, authorized and qualified

to transact business in this state, bears or has filed a fictitious business name statement as to or

reserved or registered a name that is the same as, the name of the limited-liability company with

respect to which the certificate of revocation is proposed to be withdrawn, then the secretary of

state shall condition the withdrawal of the certificate of revocation on the reinstated limited-liability

company's amending its articles of organization or certificate of registration so as to designate a

name that is not the same as its former name.

 

 

 

 

151)

Section

Amended Chapter Numbers:

 

7-16-66

137 and 138

 

 

7-16-66. Annual report of domestic and foreign limited-liability companies.

     (a) Each domestic limited-liability company and each foreign limited-liability company

authorized to transact business in this state, shall file, between the first day of September February

and the first day of November May in each year following the calendar year in which its original

articles of organization or application for registration were filed with the secretary of state, an

annual report setting forth:

     (1) The name and address of the principal office of the limited-liability company;

     (2) The state or other jurisdiction under the laws of which it is formed;

     (3) The name and address of its resident agent;

     (4) The current mailing address of the limited-liability company and the name or title of a

person to whom communications may be directed;

     (5) A brief statement of the character of the business in which the limited-liability company

is actually engaged in this state; and

     (6) Any additional information required by the secretary of state. ; and

     (7) If the limited-liability company has managers, the name and address of each of its

managers.

     (b) The information in the annual report shall be given as of the date of the execution of

the report. It shall be executed by an authorized person of the domestic limited-liability company

and by a person with authority to do so under the laws of the state or other jurisdiction of

organization of a foreign limited-liability company. Proof to the satisfaction of the secretary of state

that prior to November 1st May 1 the report was deposited in the United States mail in a sealed

envelope, properly addressed, with postage prepaid, is deemed to be timely filed.

     (c) If the secretary of state finds that the annual report conforms to the requirements of this

chapter, the secretary of state shall file the report. If the secretary of state finds that it does not

conform, the secretary of state shall promptly return the report to the limited-liability company for

any necessary corrections, in which event the penalties subsequently prescribed for failure to file

the report within the time previously provided do not apply if the report is corrected to conform to

the requirements of this chapter and returned to the secretary of state within thirty (30) days from

the date on which it was mailed to the limited-liability company by the secretary of state.

     (d) Each limited-liability company, domestic or foreign, that fails or refuses to file its

annual report for any year within thirty (30) days after the time prescribed by this chapter is subject

to a penalty of twenty-five dollars ($25.00) per year.

 

 

 

152)

Section

Amended Chapter Numbers:

 

8-1-4

77 and 78

 

 

8-1-4. Seal of court.

     The supreme court shall have a seal, which shall contain the words "SUPREME COURT

OF THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS", and such device

as the court shall adopt.

 

 

 

153)

Section

Amended Chapter Numbers:

 

8-2-12

77 and 78

 

 

8-2-12. Seal of superior court.

     The superior court shall have a seal in each of the counties of Providence, Newport, Kent,

and Washington, which shall contain the words "SUPERIOR COURT OF THE STATE OF

RHODE ISLAND AND PROVIDENCE PLANTATIONS", with the name of the county in which

the seal belongs, and also such device as the justices of the court, or a majority of them, shall adopt.

 

 

 

 

154)

Section

Amended Chapter Numbers:

 

8-2-39.3

286 and 287

 

 

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 presiding justice may assign a

justice or magistrate to administer the diversion program. The 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 37.1 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 or for a misdemeanor

offense in violation of § 21-28-4.01(c)(2)(i) and:

     (i) Has not been previously convicted of or pleaded nolo contendere to a disqualifying

offense, as defined in this section;

     (ii) Has not been previously convicted of or 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.

 

 

 

 

 

155)

Section

Amended Chapter Numbers:

 

8-8-2

77 and 78

 

 

8-8-2. Divisions.

     (a) For the distribution of court business, the state is divided into four (4) divisions as

follows:

     (1) Second division. The second division consists of the city of Newport and the towns of

Jamestown, Little Compton, Middletown, Portsmouth, and Tiverton. Appeals and transfers in cases

arising in the enumerated cities and towns of the second division shall be transmitted by the clerk

of the Second Division District Court to the clerk of the Newport County Superior Court.

     (2) Third division. The third division consists of the city of Warwick and the city of

Cranston and the towns of Coventry, East Greenwich, Foster, Glocester, Johnston, Lincoln, North

Kingstown, North Providence, North Smithfield, Scituate, Smithfield, West Greenwich and West

Warwick. Appeals and transfers in cases arising in the enumerated cities and towns of the third

division shall be transmitted by the clerk of the Third Division District Court to the clerk of the

Kent County Superior Court.

     (3) Fourth division. The fourth division consists of the towns of Charlestown, Exeter,

Hopkinton, Narragansett, New Shoreham, Richmond, South Kingstown, and Westerly. Appeals

and transfers in cases arising in the enumerated cities and towns of the fourth division shall be

transmitted by the clerk of the Fourth Division District Court to the clerk of the Washington County

Superior Court.

     (4) Sixth division. The sixth division consists of the cities of Central Falls, East Providence,

Providence, Pawtucket, Woonsocket and the towns of Barrington, Bristol, Burrillville, Cumberland

and Warren. Appeals and transfers in cases arising in the enumerated cities and towns of the sixth

division shall be transmitted by the clerk of the Sixth Division District Court to the clerk of the

Providence County Superior Court.

     (b) In each division the place or places for holding court shall be designated by the chief

judge.

     (c) The district court shall have a seal for each of its divisions, which shall contain the

words, "District court of the State of Rhode Island and Providence Plantations, division."

 

 

 

156)

Section

Amended Chapter Numbers:

 

8-8.1-1

111 and 112

 

 

8-8.1-1. Definitions.

     The following words as used in this chapter shall have the following meanings:

     (1) "Cohabitants" means emancipated minors or persons eighteen (18) years of age or older,

not related by blood or marriage, who together are not the legal parents of one or more children,

and who have resided together within the preceding three (3) years or who are residing in the same

living quarters.

     (2) "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."

     (3) "Courts" means the district court.

     (4) "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.

     (5) "Domestic abuse" means the occurrence of one or more of the following acts between

cohabitants or against the minor child of a cohabitant, or the occurrence of one or more of the

following acts between persons who are or have been in a substantive dating or engagement

relationship within the past one year or against a minor child in the custody of the plaintiff;

"domestic abuse" shall be determined by the court's consideration of the following factors:

     (i) The length of time of the relationship;

     (ii) The type of the relationship;

     (iii) The frequency of the interaction between the parties;

     (iv) Attempting to cause or causing physical harm;

     (v) Placing another in fear of imminent serious physical harm;

     (vi) Causing another to engage involuntarily in sexual relations by force, threat of force, or

duress; or

     (vii) Stalking or cyberstalking.

     (6) "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.

     (7) "Sole legal interest" means defendant has an ownership interest in the residence and

plaintiff does not; or defendant's name is on the lease and plaintiff's is not.

     (8) "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.

 

 

 

 

157)

Section

Amended Chapter Numbers:

 

8-8.1-3

111 and 112

 

 

8-8.1-3. Protective orders -- Penalty -- Jurisdiction.

     (a) A person suffering from domestic abuse may file a complaint in the district court

requesting any order which that will protect her or him from the abuse, including, but not limited

to, the following:

     (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere, whether

the defendant is an adult or minor;

     (2) Ordering the defendant to vacate the household forthwith, unless the defendant holds

sole legal interest in the household;

     (3) Upon motion by the plaintiff, his or her address shall be released only at the discretion

of the district court judge;

     (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 the 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 firearm 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 his or her immediate physical possession or

control, and that the person, at the time of the attestation, has no firearms in his or her immediate

physical possession or control or subject to his or her 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 possession 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 possession 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.

     (b) After notice to the respondent and after 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 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 district 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 or control of any firearms and not to purchase or receive, or attempt to purchase or

receive, any firearms while the restraining order is in effect. The form shall further provide that any

person who has surrendered their firearms shall be afforded a hearing within fifteen (15) days of

surrendering their 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 their 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 determines 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 his or her 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 §§ 12-29-4 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) Any violation of the aforementioned protective order shall subject the defendant to being

found in contempt of court.

     (m) No order shall issue under this section that would have the effect of compelling a

defendant who has the sole legal interest in a residence to vacate that residence.

     (n) 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 such additional time as it deems necessary to protect the plaintiff from abuse.

The court may modify its order at any time upon motion of either party.

     (o) 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.

     (p) The penalties for violation of this section shall also include the penalties provided under

§ 12-29-5.

     (q) "Actual notice" means that the defendant has received a copy of the order by service

thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d).

     (r) The district court shall have criminal jurisdiction over all violations of this chapter.

 

 

 

 

 

 

158)

Section

Amended Chapter Numbers:

 

8-8.1-6

77 and 78

 

 

8-8.1-6. 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 DISTRICT COURT

     COUNTY OF ______________ ________DIVISION

     ______________________________________:

Plaintiff :

:

VS : NO:

:

_____________________________________ :

Defendant :

COMPLAINT FOR PROTECTION FROM ABUSE

     Pursuant to chapter 8.1 of title 8 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, at which I resided with the defendant, is as follows

(street address and city):

     

     (3) My former residence is a house

I own

Defendant owns

We jointly own

     My former residence is an apartment

There is no lease

My name is on lease and defendant's is not

Defendant's name is on lease and mine is not

Both our names are on lease

     (4) The full name, present street address, city and telephone number of the person

causing me abuse (the defendant) are as follows:

     

     (5) On or about ____________, without cause or provocation I suffered abuse

when the defendant:

________ Threatened or harmed 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

     

     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 such order is entered on the question of continuing such temporary order.

     (7) I have not sought protection from abuse from any other judge of the district

court arising out of the same facts or circumstances alleged in this complaint.

____________________ ____________________

(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. 1920____.

__________________________

Notary Public

     Note: If this complaint is filed by an attorney, the attorney's certificate should

appear below:

ATTORNEY CERTIFICATE

Signed: ________________________________

Attorney for Plaintiff

Address: ________________________________

_________________________________

Date: ______________________________, 19____

     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 DISTRICT COURT

     COUNTY OF _____________ ________ DIVISION

     ______________________________________:

Plaintiff :

:

VS : NO:

:

______________________________________:

Defendant :

(TEMPORARY) ORDER PURSUANT TO CHAPTER

________ OF THE G.L. OF R.I.

     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 at home, on the street or

elsewhere.

________ That the defendant vacate forthwith the household located at

     

     

     A hearing on the continuation of this ORDER will be held at the District Court,

____________ County, ____________ Division, at (A.M.) (P.M.) on ____________. If

the defendant wishes to be heard, she/he will be heard at that time. If she/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. 1920____.

     ENTER: __________________ PER ORDER:

     Judge __________________ Clerk

     Presented by: ____________________________________________________________

Attorney for Plaintiff

WHITE COPY ____ Court

YELLOW COPY ____ Plaintiff

PINK COPY ____ Defendant

GOLDENROD COPY ____ Police Department

 

 

 

159)

Section

Amended Chapter Numbers:

 

8-8.2-2

98 and 99

 

 

8-8.2-2. Jurisdiction.

     (a) Notwithstanding any inconsistent provision of law, all probationary license hearings as

provided in § 31-10-26, all violations of the department of transportation, department of

environmental management or board of governors for higher education council on postsecondary

education regulations regarding parking, standing, or stopping in areas under the jurisdiction of

said these agencies, all violations of state statutes relating to motor vehicles, littering, and traffic

offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the

United States, and except driving so as to endanger resulting in death, driving so as to endanger

resulting in personal injury, driving while under the influence of liquor or drugs, driving while

under the influence of liquor or drugs resulting in death, driving while under the influence of liquor

or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety

as provided in § 31-27-4, eluding a law enforcement officer with a motor vehicle in a high speed

pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an

accident in violation of § 31-26-1 and § 31-26-2, and driving without the consent of the owner and

possession of a stolen motor vehicle in violation of § 31-9-1 and § 31-9-2, shall be heard and

determined by the traffic tribunal pursuant to the regulations promulgated by the chief magistrate

of the traffic tribunal; provided, however, the traffic tribunal shall not hear any parking, standing,

or stopping violations which that occur in any city or town which that has established its own

municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate

the powers of the Rhode Island family court under the provisions of chapter 1 of title 14.

     (b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have

concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the

chief magistrate of the traffic tribunal, all violations of any ordinances, rules, and regulations

governing the public waters and the speed, management, and control of all vessels and the size,

type and location and use of all anchorages and moorings within the jurisdiction of the towns of

North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett, and Tiverton

enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms

"traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid

violations and such the violations shall be adjudicated in accordance with the provisions of this

chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal resources

management council under the provisions of chapter 23 of title 46.

     (c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have

jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief

magistrate of the Rhode Island traffic tribunal, all civil violations for §§ 20-1-12, 20-11-20, 20-13-

16, 20-16-17, 23-22.5-9, 32-2-4, subparagraphs 21-28-4.01(c)(2)(iii), and 21-28-4.01(c)(2)(iv), and

subsection § 46-22-19(1) as set forth in § 42-17.10-1.

     (d) A party aggrieved by a final order of the traffic tribunal appeals panel shall be entitled

to a review of the order by a judge of the district court. Unless otherwise provided in the rules of

procedure of the district court, such the review shall be on the record and appellate in nature. The

district court shall by rules of procedure establish procedures for review of an order entered by the

appeals panel of the traffic tribunal.

     (e) Violations of any statute, rule, ordinance, or regulation referenced in this section are

subject to fines enumerated in § 31-41.1-4, except for violations of subparagraphs §§ 21-28-

4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv).

 

 

 

160)

Section

Added Chapter Numbers:

 

8-15-2.1

139 and 140

 

 

8-15-2.1. Powers of the chief justice to ensure court operations.

     (a) The chief justice of the supreme court may, by order, take any action necessary to ensure

the continued and efficient operation of the courts of the unified judicial system. Such necessary

actions may include, but are not limited to:

     (1) Establishing alternative locations to conduct judicial business in the event that one or

more court locations cannot be utilized;

     (2) Enlarging, extending, tolling, or suspending any filing, appeal, or other applicable

deadline or statute of limitation in the event of the closure or curtailment of court operations or

other circumstances as is necessary, in the opinion of the chief justice, to ensure the fair

administration of justice;

     (3) In the event of a court closure or curtailment of court operations, suspending any

judicial business that is deemed not essential by the chief justice; and

     (4) Taking any other appropriate action necessary to ensure that judicial business is

effectively conducted by the courts of the unified judicial system for the duration of the order.

     (b) Any order of the chief justice closing or curtailing the operation of any court within the

unified judicial system and setting forth the necessary response(s) thereto shall specify:

     (1) The nature, time period, and duration of the circumstances giving rise to the order;

     (2) The court(s) and court location(s) affected by the order;

     (3) The action(s) to be undertaken to redress the circumstances giving rise to the order; and

     (4) Any other relevant information needed to effectively respond to the circumstances

giving rise to the order and ensure the continued and efficient operation of the unified judicial

system for the duration of the order.

     (c) The order closing or curtailing the operation of any court within the unified judicial

system shall be limited to an initial duration of not more than thirty (30) days; provided, however,

that the order may be modified or extended for additional periods of thirty (30) days each at the

discretion of the chief justice. Any modification or extension of the initial order shall contain the

same information required for the issuance of the initial order pursuant to subsection (b) of this

section.

      (d) In the event that the office of the chief justice is vacant, or the chief justice is unable,

by reason of illness or absence, to perform his or her duties, the associate justice of the supreme

court having precedence who is present and qualified, as determined by §§ 8-3-2 and 8-3-3, shall

have the power to issue an order under this chapter.

 

 

 

161)

Section

Amended Chapter Numbers:

 

9-1-32

387 and 388

 

 

9-1-32. Effect of alteration of product after sale.

     (a) As used in this section:

     (1) (2) "Product liability damages" means damages because of personal injury, death, or

property damage sustained by reason of an alleged defect in a product, or an alleged failure to warn

or protect against a danger or hazard in the use or misuse of the product, or an alleged failure to

instruct properly in the use of a product.

     (2) (3) "Subsequent alteration or modification" means an alteration or modification of a

product made subsequent to the manufacture or sale by the manufacturer or seller which that

altered, modified, or changed the purpose, use, function, design, or manner of use of the product

from that originally designed, tested, or intended by the manufacturer, or the purpose, use, function,

design, or manner of use or intended use for which the product was originally designed, tested, or

manufactured.

     (3) (1) "Person injured" means the person that who sustained damages because of personal

injury, death, or property damage.

     (b) No manufacturer or seller of a product shall be liable for product liability damages

where a substantial cause of the injury, death, or damage was a subsequent alteration or

modification. Any defense claimed by the manufacturer or seller that the person injured made a

subsequent alteration or modification to the product that is found to be a significant contributing

factor to the injury, death, or property damage shall be controlled by the comparative negligence

provisions of § 9-20-4.

 

 

 

 

 

162)

Section

Amended Chapter Numbers:

 

9-5-1

77 and 78

 

 

9-5-1. Writs in name of state -- Seal -- Signature by clerk or justice.

     Writs issuing from any court shall issue in the name of the state of Rhode Island and

Providence Plantations, shall be under the seal of the court from which they issue, and shall be

signed by the clerk or by one of the justices thereof.

 

 

 

163)

Section

Amended Chapter Numbers:

 

9-5-10.1

221 and 22

 

 

9-5-10.1. Certification of constables.

     (a)(1) A person at least twenty-one (21) years of age who complies with the statute and the

requirements set forth in any regulations promulgated by the department of business regulation may

file an application with the department requesting that the applicant be certified as a constable.

Once issued by the department, such the certification shall be effective for a period of two (2) years

or until such the approval is withdrawn by the department. Such A certified constable shall be

entitled to serve or execute writs and process in such capacity for any court of the state, anywhere

in the state, subject to any terms and limitations as set forth by the court, and in such number as

determined by the chief judge of the district court.

     (2) A person to be certified as a constable shall provide documentation and evidence

satisfactory to the department of business regulations that the person possesses the specified

minimum qualifications to include:

     (i) Sixty (60) hours of earned credit from an accredited college, university, or institution;

or

     (ii) Four (4) years of honorable military service; or

     (iii) Twenty (20) years of honorable service with a local, state, or federal law enforcement

agency; and

     (iv) United State citizenship; and

     (v) Possession of a valid motor vehicle operator's license; and

     (vi) Successful completion of unlawful drug use screening; and

     (vii) Successful completion of psychological testing approved by the department of

business regulation.

     (b) Certification process.

     (1) Application.

     (i) Any person seeking certification pursuant to this section shall complete an application

and submit it to the department of business regulation in the form designated by the department for

such applications.

     (ii) The application shall include information determined by the department to be relevant

to licensure and shall include a national criminal background check.

     (2) Referral to certified constables' board.

     (i) Once the applicant has provided a completed application, the department shall refer the

applicant to the certified constables' board by providing a copy of the application to the board and

to the chief judge of the district court.

     (3) Training.

     (i) Following review of the application, the board shall determine whether the applicant

should be recommended for training by the board to be conducted by a volunteer training constable.

If the board determines that training is appropriate, the applicant shall be assigned to a training

constable who shall be a constable in good standing for a minimum of ten (10) years and who is

approved by the chief judge of the district court to train prospective constables.

     (ii) Training shall consist of a minimum of ninety (90) hours to be completed within no

sooner than ninety (90) days from the date of the referral by the board. . The department may waive

the training requirement of this section for an applicant who has graduated from a certified police

or law enforcement academy and who has a minimum of twenty (20) years of honorable service as

a police or law enforcement officer.

     (iii) Within thirty (30) days from the conclusion of training, a written report shall be

submitted by the training constable to the board with a copy to the department that reflects the dates

and times of training and comments on the aptitude of the trainee.

     (iv) If the board concludes that training is not appropriate or if the report of the training

constable concludes that the applicant does not have the aptitude to perform the duties of a

constable, the board shall so inform the department which shall deny the application on that basis.

     (4) Oral and written tests.

     (i) Upon the successful completion of the training period and recommendation from the

training constable, within ninety (90) days, the applicant shall complete an oral examination on the

legal and practical aspects of certified constables' duties that shall be created and administered by

the board.

     (ii) Upon the successful completion of the oral examination, within sixty (60) days the

applicant must complete a written test created by the board and approved by the chief judge of the

district court that measures the applicant's knowledge of state law and court procedure.

     (iii) If the board concludes that the applicant has not successfully passed either the oral or

written test, the board shall so inform the department which shall deny the application on that basis.

     (5) Final review. The department shall review the application, training record, test scores,

and such other information or documentation as required and shall determine whether the applicant

shall be approved for certification and the person authorized to serve process in the state.

     (c) Any person certified as a constable on the effective date of this act shall continue to be

certified without complying with the certification requirements prescribed by this act.

 

 

 

 

164)

Section

Amended Chapter Numbers:

 

9-5-15

77 and 78

 

 

9-5-15. Form for writs of replevin.

     Writs of replevin shall be substantially in the following form:

WRIT OF REPLEVIN.

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

     SC. To the sheriffs of our several counties, their deputies, or to a certified constable,

     (SEAL) Greeting:

     We command you that you replevy, if to be found within your precinct, the goods and

chattels following, viz.: (Here enumerate and particularly describe them) belonging to

............................ of ........................ now taken (detained, or attached as the case may be) by

........................ in the county of ........................ and them deliver unto the said ........................,

provided the same are not taken, attached, or detained upon original writ, mesne process, warrant

of distress, or upon execution as the property of the said ........................; and summon the said

........................ to appear on the return-day hereof (said return-day being the ..................... day of

............ A. D. 1920.......) in the SUPERIOR COURT to be holden at the county courthouse at

........................, to answer unto the said ........................ in a plea of replevin that the said

........................ on the ........................ day of ........................ at said ........................ unlawfully, and

without justifiable cause, took the goods and chattels of the said ........................ as aforesaid, and

them unlawfully detained unto this day, (or, unlawfully detained the goods and chattels aforesaid,

as the case may be) to the damage of the said ........................, as he or she says, ........................ dollars.

     Hereof fail not, and make true return of this writ with your doings thereon, together with

the bond you shall take of the plaintiff.

     Witness, the seal of our superior court, at ........................ day of ........................ in

the year ......

      , Clerk

 

 

 

165)

Section

Amended Chapter Numbers:

 

9-10-2

77 and 78

 

 

9-10-2. Service of notice on jurors.

     The city or town sergeant or certified constable, upon receipt of the notification as provided

in § 9-10-1, shall forthwith make service of the notification upon the persons named therein as

jurors by delivering to each of them, or by leaving at their last and usual place of abode, a notice

substantially in the following form:

STATE OF RHODE ISLAND AND

PROVIDENCE PLANTATIONS

     Sc.

     TO Greeting:

     You are hereby notified that you have been drawn as a juror for the superior or family court

for the county (or counties) of ....................... and you are required to attend the said court be holden

at ........................ on the ................... day of ........................, at ................ o'clock in the forenoon.

      Sergeant.

      Constable.

     The jury commissioner or his or her agents, having retained the notifications in accordance

with § 9-10-1, shall forthwith serve the notifications in the same form as contained in this section

by regular mail.

 

 

 

 

 

166)

Section

Amended Chapter Numbers:

 

9-10-20

77 and 78

 

 

9-10-20. Oaths of jurors.

     Grand and petit jurors, before acting as such, shall take the oath prescribed for them in the

following terms:

GRAND JURORS OATH

     "You severally and solemnly swear (or, affirm) that as members of the grand inquest for

the body of the county (or counties) of you will diligently inquire and true presentment make of all

such crimes and misdemeanors cognizable by this court as shall come to your knowledge: the state's

council, your fellow's and your own, will keep secret: will present no person for envy, hatred or

malice: neither will you leave any person unpresented for love, fear, favor, affection or hope of

reward: but you will present things truly, as they come to your knowledge, according to the best of

your understanding: So help you God. (Or: This affirmation you make and give upon peril of the

penalty of perjury.)"

PETIT JURORS OATH IN CRIMINAL CASES

     "You swear (or, affirm) that you will well and truly try and true deliverance make between

the state of Rhode Island and Providence Plantations and the prisoner (or, defendant) at the bar

according to law and the evidence given you: So help you God. (Or: This affirmation you make

and give upon peril of the penalty of perjury.)"

PETIT JURORS OATH IN CIVIL CASES

     "You swear (or, affirm) that in all cases between party and party, that shall be committed

to you, you will give a true verdict therein, according to law and the evidence given you: So help

you God. (Or: This affirmation you make and give upon peril of the penalty of perjury.)"

 

 

 

 

167)

Section

Amended Chapter Numbers:

 

9-17-1

77 and 78

 

 

9-17-1. Form of subpoena.

     The form of subpoena to a witness shall be substantially as follows:

Sc.

     To of Greeting:

     You are hereby required, in the name of the state of Rhode Island and Providence

Plantations, to make your appearance before …………… holden ………… at …………

on the ………… day of ………… to give evidence of what you know relative to an action

or plea of ………… then and there are to be heard and tried between ………… plaintiff

and ……………defendant.

     Hereof fail not, as you will answer your default under the penalty of the law in that

behalf made and provided.

     Dated at ……… the …… day of …………… in the year ……

 

 

 

 

168)

Section

Amended Chapter Numbers:

 

9-25-6

77 and 78

 

 

9-25-6. Style of executions.

     Executions issued by any court shall issue in the name of the state of Rhode Island and

Providence Plantations and shall be signed, sealed, and run in like manner as original writs.

 

 

 

 

169

Section

Amended Chapter Numbers:

 

9-25-7

77 and 78

 

 

9-25-7. Form of superior court writ of execution.

     A writ of execution issued by the superior court shall be substantially in the following form:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

     SC.

     To the sheriffs of our several counties, or to their deputies,

     (SEAL) Greeting:

     Whereas ………… of ……… by the consideration of the SUPERIOR COURT holden at

……… did on the ……… day of ……… recover judgment against …………. of ………. for the

sum of ………… debt (or damages) and ……… costs of suit, as to us appears of record, whereof

execution remains to be done: We command you, therefore, that of the goods and chattels and real

estate of the said ………., within your precinct, you cause to be levied and paid unto the said

………. the aforesaid sums, being ………. in the whole, with 50 cents more for this writ; and

thereof also to satisfy yourself for your own fees; [and for want of the goods and chattels and real

estate of the said ………… to be found in your precinct to satisfy and pay the same as aforesaid,

we command you to take the body of the said ……… and ……… commit unto our correctional

institution in your precinct, therein to be kept until ……… pay the full sum above mentioned, with

your fees, or until ……… be discharged by the said ……… or otherwise by order of law.]

     Hereof fail not, and make true return of this writ and of your doings thereon to our superior

court at ……… for our county of ……. on the ……. day of ……. A.D. ……. .

     Witness, the seal of our superior court at ………. this ……. day of …….in

the year …… .

      , Clerk.

 

 

 

170)

Section

Amended Chapter Numbers:

 

9-25-8

77 and 78

 

 

9-25-8. Form of district court writ of execution.

     A writ of execution issued by a district court shall be substantially in the following form:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

     SC.

     To the sheriff, his or her deputy or to either of the town sergeants or constables in the county

of ………….………….………….…………

     (SEAL) Greeting:

     Whereas …… of …… at a DISTRICT COURT holden at …… did on the …… day of

…… recover judgment of said court against …… of …… for the sum of …… debt or (damages),

and costs of suit taxed at ……, as of record of said court doth appear, which sums, in the whole,

amount to …… for which execution remains to be done: We command you, therefore, that of the

goods and chattels and real estate of the said …… within your precinct, you levy the said sum of

……, together with 15 cents for this execution, as also your lawful fees for serving the same, and

therewith satisfy and pay the said ……; [and for want of the goods and chattels and real estate of

the said to be by you found within your precinct, to satisfy and pay the same sums aforesaid, we

command you to take the body of the said …… into your custody, and …… safely secure in our

jail in …… until …… satisfy and pay the said …… the sums aforesaid and your fees, or until ……

be by the said …… therefrom discharged, or otherwise by order of law.]

     Hereof fail not, and make true return of this writ and of your doings thereon, on the ……

day of …… A.D. …….

     Witness, the seal of the district court of the …… judicial district, this ……… day of ……

in the year …….

, Clerk (or Justice.)

 

 

 

171)

Section

Amended Chapter Numbers:

 

9-25-9

77 and 78

 

 

9-25-9. Form of superior court writs of possession.

     (a) Writs of possession issuing from the superior court shall be substantially in the

following form:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

     SC.

     To the sheriffs of our several counties or to their deputies or to a certified constable,

     (SEAL) ........................; ........................; Greeting:

     Whereas …… by the consideration of the SUPERIOR COURT holden at …… did on the

…… day of …… recover judgment for the possession of …… with the privileges and

appurtenances thereto belonging against …… who had unjustly withholden …… from the

possession thereof, and also by the consideration of the same court recovered judgment against the

said …… for the sum of …… costs of suit, as to us appears of record, whereof execution remains

to be done: We command you, therefore, that without delay you cause the said ......... to have

possession of and in the said .......... with the privileges and appurtenances thereunto belonging. We

also command you that of the goods and chattels and real estate of the said ……, within your

precinct, you cause to be levied and paid to the said …… the aforesaid sum of ……, and thereof

also to satisfy yourself for your own fees; [and for want of the goods and chattels and real estate of

the said …… to be found in your precinct to satisfy and pay the same as aforesaid, we command

you to take the body of the said .......... commit unto our correctional institution in your precinct,

therein to be kept until ......... pay the full sum above mentioned, with your fees, or until ......... be

discharged by the said .......... or otherwise by order of law.]

     Hereof fail not, and make true return of this writ and of your doings thereon to our superior

court at ......... on the ......... day of ......... A.D. .......

     Witness, the seal of our superior court at …… this …… day of ……. in the year ……

      , Clerk.

     (b) If an officer, serving an execution issued under this section on a judgment for the

plaintiff for possession of land or tenements, removes personal property belonging to a person other

than the plaintiff from the land or tenements and places it upon the sidewalk, highway, street, or

way on which land or tenements abut, he or she may forthwith and before the expiration of the time

limited in any statute or ordinance for the removal of obstructions in the street, remove the personal

property and cause it to be stored for the benefit of the owners thereof.

     (c) Whoever accepts the personal property on storage from the officer shall have a lien

thereon for reasonable storage fees and for reasonable expenses of removing it to the place of

storage, but the lien shall not be enforced by sale of the property until the property has been kept

on storage for at least thirty (30) days.

     (d) If the owner of the property is present and claims it when it is so removed from the land

or tenements, the officer shall not remove and store it, and his or her act of placing it upon the

sidewalk, highway, street, or way shall be deemed to be the act of the owner, who alone shall be

held to answer therefor.

 

 

 

 

172)

Section

Amended Chapter Numbers:

 

9-25-10

77 and 78

 

 

9-25-10. Form of district court writs of possession.

     (a) Writs of possession, issuing from a district court, shall be substantially in the following

form:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

     SC.

     To the sheriff, his or her deputy, or to either of the town sergeants or constables in the county

of

     (SEAL) Greeting:

     Whereas …………. of …………. at a DISTRICT COURT holden at …………. did on the

…………. day …………. of recover judgment of said court for the possession of …………. with

the privileges and appurtenances thereto belonging against …………. of …………. who had

unjustly withholden …………. from the possession thereof, and also, by the consideration of the

same court, recovered judgment against the said …………. for the sum of …………. costs of suit,

as of record of said court doth appear, whereof execution remains to be done: We command you,

therefore, that without delay you cause the said …………. to have possession of and in the said

…………. with the privileges and appurtenances thereunto belonging. We also command you that

of the goods and chattels and real estate of the said …………. within your precinct, you cause to

be levied and paid to the said …………. the aforesaid sum of …………. with 15 cents more for

this writ, and thereof also to satisfy yourself for your own fees; [and for want of the goods and

chattels and real estate of the said …………. to be found in your precinct to satisfy and pay the

same as aforesaid, we command you to take the body of the said …………. and commit unto our

correctional institution, in your precinct, therein to be kept until …………. pay the full sum above

mentioned, with your fees, or until …………. be discharged by the said …………. or otherwise by

order of law.]

     Hereof fail not, and make true return of this writ and of your doings thereon, on the

…………. day of …………. A.D. …………. .

     Witness, the seal of the district court of the …………. judicial district, this ………….day

of …………. in the year …………. .

, Clerk (or Justice.)

     (b) If an officer, serving an execution issued under this section on a judgment for the

plaintiff for possession of land or tenements, removes personal property belonging to a person other

than the plaintiff from the land or tenements and places it upon the sidewalk, highway, street, or

way on which land or tenements abut, he or she may forthwith and before the expiration of the time

limited in any statute or ordinance for the removal of obstructions in the street, remove the personal

property and cause it to be stored for the benefit of the owners thereof.

     (c) Whoever accepts the personal property on storage from the officer shall have a lien

thereon for reasonable storage fees and for reasonable expenses of removing it to the place of

storage, but the lien shall not be enforced by sale of the property until the property has been kept

on storage for at least thirty (30) days.

     (d) If the owner of the property is present and claims it when it is so removed from the land

or tenements, the officer shall not remove and store it, and his or her act of placing it upon the

sidewalk, highway, street, or way shall be deemed to be the act of the owner, who alone shall be

held to answer therefor.

 

 

 

173)

Section

Amended Chapter Numbers:

 

9-29-5

(158 and 159), (174 and 175)

 

 

9-29-5. Jurors' fees.

     (a) All grand and petit jurors shall be paid for each day's attendance on the superior court

each fifteen dollars ($15.00), and the general assembly shall annually appropriate such sum as it

may deem necessary to carry out the purposes of this section.

     (b) Any grand or petit juror may, upon signing a form approved by the presiding justice of

the superior court, donate their jury fee to the state. Any such donation shall be deposited into the

general fund and shall be allocated to the Rhode Island Veterans Home Community Living Center.

 

(174 and 175)

 

 

9-29-5.

     All grand and petit jurors shall be paid for each day's attendance on the superior court

twenty-five dollars ($25.00) per day commencing July 1, 2022, each fifteen dollars ($15.00), and

thereafter. The and the general assembly shall annually appropriate such sum as it may deem

necessary to carry out the purposes of this section.

 

 

 

 

174)

Section

Added Chapter Numbers:

 

9-34

134 and 156

 

 

CHAPTER 9-34

UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT

 

 

 

 

175)

Section

Added Chapter Numbers:

 

9-34-1

134 and 156

 

 

9-34-1. Short Title.

     This chapter shall be known and may be cited as the "Uniform Foreign-Country Money

Judgments Recognition Act."

 

 

 

 

176)

Section

Added Chapter Numbers:

 

9-34-2

134 and 156

 

 

9-34-2. Definitions.

     As used in this chapter:

     (1) “Court” means the superior court.

     (2) “Foreign country” means a government other than:

     (i) The United States;

     (ii) A state, district, commonwealth, territory, or insular possession of the United States; or

     (iii) Any other government with regard to which the decision in this state as to whether to

recognize a judgment of that government’s courts is initially subject to determination under the

Full Faith and Credit Clause of the United States Constitution.

     (3) “Foreign-country judgment” means a judgment of a court of a foreign country.

 

 

 

 

177)

Section

Added Chapter Numbers:

 

9-34-3

134 and 156

 

 

9-34-3. Applicability.

     (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to a

foreign-country judgment to the extent that the judgment:

     (1) Grants or denies recovery of a sum of money; and

     (2) Under the law of the foreign country where rendered, is final, conclusive, and

enforceable.

     (b) This chapter does not apply to a foreign-country judgment, even if the judgment grants

or denies recovery of a sum of money, to the extent that the judgment is:

     (1) A judgment for taxes;

     (2) A fine or other penalty; or

     (3) A judgment for divorce, support, or maintenance, or other judgment rendered in

connection with domestic relations.

     (c) A party seeking recognition of a foreign-country judgment has the burden of

establishing that this chapter applies to the foreign-country judgment.

 

 

 

 

178)

Section

Added Chapter Numbers:

 

9-34-4

134 and 156

 

 

9-34-4. Standards for recognition of foreign-country judgment.

     (a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this

state shall recognize a foreign-country judgment to which this chapter applies.

     (b) A court of this state may not recognize a foreign-country judgment if:

     (1) The judgment was rendered under a judicial system that does not provide impartial

tribunals or procedures compatible with the requirements of due process of law;

     (2) The foreign court did not have personal jurisdiction over the defendant; or

     (3) The foreign court did not have jurisdiction over the subject matter.

     (c) A court of this state need not recognize a foreign-country judgment if:

     (1) The defendant in the proceeding in the foreign court did not receive notice of the

proceeding in sufficient time to enable the defendant to defend;

     (2) The judgment was obtained by fraud that deprived the losing party of an adequate

opportunity to present its case;

     (3) The judgment or the cause of action on which the judgment is based is repugnant to the

public policy of this state or of the United States;

     (4) The judgment conflicts with another final and conclusive judgment;

     (5) The proceeding in the foreign court was contrary to an agreement between the parties

under which the dispute in question was to be determined otherwise than by proceedings in that

foreign court;

     (6) In the case of jurisdiction based only on personal service, the foreign court was a

seriously inconvenient forum for the trial of the action;

     (7) The judgment was rendered in circumstances that raise substantial doubt about the

integrity of the rendering court with respect to the judgment; or

     (8) The specific proceeding in the foreign court leading to the judgment was not compatible

with the requirements of due process of law.

     (d) A party resisting recognition of a foreign-country judgment has the burden of

establishing that a ground for nonrecognition stated in subsection (b) or (c) of this section exists.

 

 

 

 

179)

Section

Added Chapter Numbers:

 

9-34-5

134 and 156

 

 

9-34-5. Personal Jurisdiction.

     (a) A foreign-country judgment may not be refused recognition for lack of personal

jurisdiction if:

     (1) The defendant was served with process personally in the foreign country;

     (2) The defendant voluntarily appeared in the proceeding, other than for the purpose of

protecting property seized or threatened with seizure in the proceeding or of contesting the

jurisdiction of the court over the defendant;

     (3) The defendant, before the commencement of the proceeding, had agreed to submit to

the jurisdiction of the foreign court with respect to the subject matter involved;

     (4) The defendant was domiciled in the foreign country when the proceeding was instituted

or was a corporation or other form of business organization that had its principal place of business

in, or was organized under the laws of, the foreign country;

     (5) The defendant had a business office in the foreign country and the proceeding in the

foreign court involved a cause of action arising out of business done by the defendant through that

office in the foreign country; or

     (6) The defendant operated a motor vehicle or airplane in the foreign country and the

proceeding involved a cause of action arising out of that operation.

     (b) The list of bases for personal jurisdiction in subsection (a) of this section is not

exclusive. The courts of this state may recognize bases of personal jurisdiction other than those

listed in subsection (a) of this section as sufficient to support a foreign-country judgment.

 

 

 

 

 

 

 

 

180)

Section

Added Chapter Numbers:

 

9-34-6

134 and 156

 

 

9-34-6. Procedure for recognition of foreign-country judgment.

     (a) If recognition of a foreign-country judgment is sought as an original matter, the issue

of recognition shall be raised by filing an action seeking recognition of the foreign-country

judgment.

     (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of

recognition may be raised by counterclaim, cross-claim, or affirmative defense.

 

 

 

 

181)

Section

Added Chapter Numbers:

 

9-34-7

134 and 156

 

 

9-34-7. Effect of recognition of foreign-country judgment.

     If the court in a proceeding under § 9-34-6 finds that the foreign-country judgment is

entitled to recognition under this chapter then, to the extent that the foreign-country judgment

grants or denies recovery of a sum of money, the foreign-country judgment is:

     (1) Conclusive between the parties to the same extent as the judgment of a sister state

entitled to full faith and credit in this state would be conclusive; and

     (2) Enforceable in the same manner and to the same extent as a judgment rendered in this

state.

 

 

 

 

182)

Section

Added Chapter Numbers:

 

9-34-8

134 and 156

 

 

9-34-8. Stay of proceedings pending appeal of foreign-country judgment.

     If a party establishes that an appeal from a foreign-country judgment is pending or will be

taken, the court may stay any proceedings with regard to the foreign-country judgment until the

appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to

prosecute the appeal and has failed to do so.

 

 

 

183)

Section

Added Chapter Numbers:

 

9-34-9

134 and 156

 

 

9-34-9. Statute of limitations.

     An action to recognize a foreign-country judgment must be commenced within the earlier

of the time during which the foreign-country judgment is effective in the foreign country or twenty

(20) years from the date that the foreign-country judgment became effective in the foreign country.

 

 

184)

Section

Added Chapter Numbers:

 

9-34-10

134 and 156

 

 

9-34-10. Uniformity of interpretation.

     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.

 

 

 

185)

Section

Added Chapter Numbers:

 

9-34-11

134 and 156

 

 

9-34-11. Savings clause.

     This chapter does not prevent the recognition under principles of comity or otherwise of a

foreign-country judgment not within the scope of this chapter.

 

 

 

186)

Section

Added Chapter Numbers:

 

9-34-12

134 and 156

 

 

9-34-12. Transitional provision.

     This chapter applies to all actions commenced on or after the effective date of this chapter

in which the issue of recognition of a foreign-country judgment is raised.

 

 

 

187)

Section

Added Chapter Numbers:

 

9-34-13

134 and 156

 

 

9-34-13. Official comments.

     It is the intention of the general assembly that the official comments to the Uniform

Foreign-Country Money Judgments Recognition Act as approved and recommended for enactment

in all the states by the National Conference of Commissioners on Uniform State Laws in 2005

represent the express legislative intent of the general assembly and shall be used as a guide for

interpretation of this chapter.

 

 

 

188)

Section

Added Chapter Numbers:

 

9-35

134 and 156

 

 

CHAPTER 9-35

UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT

 

 

 

189)

Section

Added Chapter Numbers:

 

9-35-1

134 and 156

 

 

9-35-1. Short title.

     This chapter shall be knowns known and may be cited as the "Uniform Registration of

Canadian Money Judgments Act”.

 

 

 

190)

Section

Added Chapter Numbers:

 

9-35-2

134 and 156

 

 

9-35-2. Definitions.

     In this chapter:

     (1) “Canada” means the sovereign nation of Canada and its provinces and territories.

“Canadian” has a corresponding meaning.

     (2) “Canadian judgment” means a judgment of a court of Canada, other than a judgment

that recognizes the judgment of another foreign country.

 

 

 

191)

Section

Added Chapter Numbers:

 

9-35-3

134 and 156

 

 

9-35-3. Applicability.

     (a) This chapter applies to a Canadian judgment to the extent the judgment is within the

scope of § 9-34-3, if recognition of the judgment is sought to enforce the judgment.

     (b) A Canadian judgment that grants both recovery of a sum of money and other relief may

be registered under this chapter, but only to the extent of the grant of recovery of a sum of money.

     (c) A Canadian judgment regarding subject matter both within and not within the scope of

this chapter may be registered under this chapter, but only to the extent the judgment is with regard

to subject matter within the scope of this chapter.

 

 

 

 

 

192)

Section

Added Chapter Numbers:

 

9-35-4

134 and 156

 

 

9-35-4. Registration of Canadian judgment.

     (a) A person seeking recognition of a Canadian judgment described in § 9-35-3 to enforce

the judgment may register the judgment in the office of the clerk of a court in which an action for

recognition of the judgment could be filed under § 9-34-6.

     (b) A registration under subsection (a) of this section must be executed by the person

registering the judgment or the person’s attorney and include:

     (1) A copy of the Canadian judgment authenticated in the same manner as a copy of a

foreign judgment is authenticated in an action under § 9-34-6 as an accurate copy by the court that

entered the judgment;

     (2) The name and address of the person registering the judgment;

     (3) If the person registering the judgment is not the person in whose favor the judgment

was rendered, a statement describing the interest the person registering the judgment has in the

judgment which entitles the person to seek its recognition and enforcement;

     (4) The name and last-known address of the person against whom the judgment is being

registered;

     (5) If the judgment is of the type described in § 9-35-3(b) or (c), a description of the part

of the judgment being registered;

     (6) The amount of the judgment or part of the judgment being registered, identifying:

     (i) The amount of interest accrued as of the date of registration on the judgment or part of

the judgment being registered, the rate of interest, the part of the judgment to which interest applies,

and the date when interest began to accrue;

     (ii) Costs and expenses included in the judgment or part of the judgment being registered,

other than an amount awarded for attorneys' fees; and

     (iii) The amount of an award of attorneys' fees included in the judgment or part of the

judgment being registered;

     (7) The amount, as of the date of registration, of post-judgment costs, expenses, and

attorneys' fees claimed by the person registering the judgment or part of the judgment;

     (8) The amount of the judgment or part of the judgment being registered which has been

satisfied as of the date of registration;

     (9) A statement that:

     (i) The judgment is final, conclusive, and enforceable under the law of the Canadian

jurisdiction in which it was rendered;

     (ii) The judgment or part of the judgment being registered is within the scope of this

chapter; and

     (iii) If a part of the judgment is being registered, the amounts stated in the registration under

subsections (b)(6), (b)(7), and (b)(8) of this section relate to the part;

     (10) If the judgment is not in English, a certified translation of the judgment into English;

and

     (11) A registration fee of one hundred sixty dollars ($160).

     (c) On receipt of a registration that includes the documents, information, and registration

fee required by subsection (b) of this section, the clerk shall file the registration, assign a civil

action number, and enter the Canadian judgment in the court’s docket.

     (d) A registration substantially in the following form complies with the registration

requirements under subsection (b) of this section if the registration includes the attachments

specified in the form:

     REGISTRATION OF CANADIAN MONEY JUDGMENT

     Complete and file this form, together with the documents required by Part V of this form,

with the Clerk of Court. When stating an amount of money, identify the currency in which the

amount is stated.

PART I. IDENTIFICATION OF CANADIAN JUDGMENT

     Canadian Court Rendering the Judgment: ______________________________________

     Case/Docket Number in Canadian Court: ___________________

     Name of Plaintiff(s): _____________________________

     Name of Defendant(s): _____________________________

     The Canadian Court entered the judgment on ___________ [date] in _________________

[city] __________________________________ [Province or Territory]. The judgment includes an

award for the payment of money in favor of _____________________________ in the amount of

___________________. If only part of the Canadian judgment is subject to registration (see § 9-

35-3(b) and (c)), describe the part of the judgment being registered:

_____________________________________________________________________

PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND

PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED

     Provide the following information for all persons seeking to register the judgment under

this registration and all persons against whom the judgment is being registered under this

registration.

     Name of Person(s) Registering Judgment: ___________________________

     If a person registering the judgment is not the person in whose favor the judgment was

rendered, describe the interest the person registering the judgment has in the judgment which

entitles the person to seek its recognition and enforcement:

______________________________________________________________________________

     Address of Person(s) Registering Judgment:

______________________________________________________________________________

     Additional Contact Information for Person(s) Registering Judgment (Optional):

     Telephone Number: ________________ FAX Number: ________________

     Email Address: ________________

     Name of Attorney for Person(s) Registering Judgment, if any:_______________________

     Address: _________________________________________

     Telephone Number: ________________ FAX Number: ________________

     Email Address: ________________

     Name of Person(s) Against Whom Judgment is Being Registered: ___________________

     Address of Person(s) Against Whom Judgment is Being Registered:

______________________________________________________________________________

_____________________________________________ (provide the most recent address known)

     Additional Contact Information for Person(s) Against Whom Judgment is Being

Registered (Optional) (provide most recent information known):

     Telephone Number: ___________________ FAX Number: ____________________

     Email Address: _____________________

PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS

SOUGHT

     Identify the currency or currencies in which each amount is stated.

     The amount of the Canadian judgment or part of the judgment being registered is: _______.

     The amount of interest accrued as of the date of registration on the part of the judgment

being registered is __________________

     The applicable rate of interest is __________________

     The date when interest began to accrue is __________________

     The part of the judgment to which the interest applies is __________________.

     The Canadian court awarded costs and expenses relating to the part of the judgment being

registered in the amount of ______________ (exclude any amount included in the award of costs

and expenses which represents an award of attorneys' fees).

     The Canadian court awarded attorneys' fees relating to the part of the judgment being

registered in the amount of ______________.

     The person registering the Canadian judgment claims post-judgment costs and expenses in

the amount of ______________ and post-judgment attorneys’ fees in the amount of

______________ relating to the part of the judgment being registered (include only costs, expenses,

and attorney's fees incurred before registration).

     The amount of the part of the judgment being registered which has been satisfied as of the

date of registration is ______________.

     The total amount for which enforcement of the part of the judgment being registered is

sought is ______________.

PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT

     I, ___________________________________________________________ state:

     [Person Registering Judgment or Attorney for Person Registering Judgment]

     1. The Canadian judgment is final, conclusive, and enforceable under the law of the

Canadian jurisdiction in which it was rendered.

     2. The Canadian judgment or part of the judgment being registered is within the scope of

chapter 35 of title 9 of the Rhode Island General Laws.

     3. If only a part of the Canadian judgment is being registered, the amounts stated in Part

III of this form relate to that part.

PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION

     Attached are (check to signify required items are included):

     _____ A copy of the Canadian judgment authenticated in the same manner a copy of a

foreign judgment is authenticated in an action under § 9-34-6 as an accurate copy by the Canadian

court that entered the judgment.

     _____ If the Canadian judgment is not in English, a certified translation of the judgment

into English.

     _____ A registration fee in the amount of one hundred sixty dollars ($160).

     I declare that the information provided on this form is true and correct to the best of my

knowledge and belief.

     Submitted by:

     ___________________________________

     Signature of [Person Registering Judgment]

     [Attorney for Person Registering Judgment]

     [specify whether signer is the person registering the judgment or that person’s attorney]

     Date of submission: __________________

 

 

 

 

193)

Section

Added Chapter Numbers:

 

9-35-5

134 and 156

 

 

9-35-5. Effect of registration.

     (a) Subject to subsection (b) of this section, a Canadian judgment registered under § 9-35-

4 has the same effect provided in § 9-34-7 for a judgment a court determines to be entitled to

recognition.

     (b) A Canadian judgment registered under § 9-35-4 may not be enforced by sale or other

disposition of property, or by seizure of property or trustee process, until thirty-one (31) days after

notice under § 9-35-6 of registration is served. The court for cause may provide for a shorter or

longer time. This subsection does not preclude use of relief available under law of this state other

than this chapter to prevent dissipation, disposition, or removal of property.

 

 

 

 

 

194)

Section

Added Chapter Numbers:

 

9-35-6

134 and 156

 

 

9-35-6. Notice of registration.

     (a) A person that registers a Canadian judgment under § 9-35-4 shall cause notice of

registration to be served on the person against whom the judgment has been registered.

     (b) Notice under this section must be served in the same manner that a summons and

complaint must be served in an action seeking recognition under § 9-34-6 of a foreign-country

money judgment.

     (c) Notice under this section must include:

     (1) The date of registration and court in which the judgment was registered;

     (2) The civil action number assigned to the registration;

     (3) The name and address of:

     (i) The person registering the judgment; and

     (ii) The person’s attorney, if any;

     (4) A copy of the registration, including the documents required under § 9-35-4(b); and

     (5) A statement that:

     (i) The person against whom the judgment has been registered, not later than thirty (30)

days after the date of service of notice, may petition the court to vacate the registration; and

     (ii) The court for cause may provide for a shorter or longer time.

     (d) Proof of service of notice under this section must be filed with the clerk of the court.

 

 

 

 

195)

Section

Added Chapter Numbers:

 

9-35-7

134 and 156

 

 

9-35-7. Petition to vacate registration.

     (a) Not later than thirty (30) days after notice under § 9-35-6 is served, the person against

whom the judgment was registered may petition the court to vacate the registration. The court for

cause may provide for a shorter or longer time for filing the petition.

     (b) A petition under this section may assert only:

     (1) A ground that could be asserted to deny recognition of the judgment under chapter 34

of title 9; or

     (2) A failure to comply with a requirement of this chapter for registration of the judgment.

     (c) A petition filed under this section does not itself stay enforcement of the registered

judgment.

     (d) If the court grants a petition under this section, the registration is vacated, and any act

under the registration to enforce the registered judgment is void.

     (e) If the court grants a petition under this section on a ground under subsection (b)(1) of

this section, the court also shall render a judgment denying recognition of the Canadian judgment.

A judgment rendered under this subsection has the same effect as a judgment denying recognition

to a judgment on the same ground under chapter 34 of title 9.

 

 

 

 

 

196)

Section

Added Chapter Numbers:

 

9-35-8

134 and 156

 

 

9-35-8. Stay of enforcement of judgment pending determination of petition.

     A person that files a petition under § 9-35-7(a) to vacate registration of a Canadian

judgment may request the court to stay enforcement of the judgment pending determination of the

petition. The court shall grant the stay if the person establishes a likelihood of success on the merits

with regard to a ground listed in § 9-35-7(b) for vacating a registration. The court may require the

person to provide security in an amount determined by the court as a condition of granting the stay.

 

 

 

 

197)

Section

Added Chapter Numbers:

 

9-35-9

134 and 156

 

 

9-35-9. Relationship to uniform foreign-country money judgments recognition act.

     (a) This chapter supplements chapter 34 of title 9 and that chapter, other than § 9-34-6,

applies to a registration under this chapter.

     (b) A person may seek recognition of a Canadian judgment described in § 9-35-3 either:

     (1) By registration under this chapter; or

     (2) Under § 9-34-6.

     (c) Subject to subsection (d) of this section, a person may not seek recognition in this state

of the same judgment or part of a judgment described in § 9-35-3(b) or (c) with regard to the same

person under both this chapter and § 9-34-6.

     (d) If the court grants a petition to vacate a registration solely on a ground under § 9-35-

7(b)(2), the person seeking registration may:

     (1) If the defect in the registration can be cured, file a new registration under this chapter;

or

     (2) Seek recognition of the judgment under § 9-34-6.

 

 

 

 

198)

Section

Added Chapter Numbers:

 

9-35-10

134 and 156

 

 

9-35-10. Uniformity of application and interpretation.

     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.

 

 

 

 

 

 

 

 

199)

Section

Added Chapter Numbers:

 

9-35-11

134 and 156

 

 

9-35-11. Transitional Provision.

     This chapter applies to the registration of a Canadian judgment entered in a proceeding that

is commenced in Canada on or after the effective date of this chapter.

 

 

 

 

200)

Section

Added Chapter Numbers:

 

9-35-12

134 and 156

 

 

9-35-12. Official comments.

     It is the intention of the general assembly that the official comments to the Uniform

Foreign-Country Money Judgments Recognition Act as approved and recommended for enactment

in all the States by the National Conference of Commissioners on Uniform State Laws in 2019

represent the express legislative intent of the general assembly and shall be used as a guide for

interpretation of this chapter.

 

 

 

 

201)

Section

Amended Chapter Numbers:

 

10-6-3

410 and 411

 

 

10-6-3. Right of contribution declared.

     The Except as otherwise provided in § 10-6-7, the right of contribution exists among joint

tortfeasors; provided however, that when there is a disproportion of fault among joint tortfeasors,

the relative degree of fault of the joint tortfeasors shall be considered in determining their pro rata

shares.

 

 

 

 

202)

Section

Amended Chapter Numbers:

 

10-6-4

410 and 411

 

 

10-6-4. Payment as prerequisite -- Limitation of actions.

     A Except as otherwise provided in § 10-6-7, a joint tortfeasor is not entitled to a final

money judgment for contribution until he or she has by payment discharged the common liability

or has paid more than his or her pro rata share of the final money judgment. Actions for contribution

shall be commenced not later than one year next after the first payment made by a joint tortfeasor

which has discharged the common liability or is more than his or her pro rata share thereof.

 

 

 

203)

Section

Amended Chapter Numbers:

 

10-6-7

410 and 411

 

 

10-6-7. Effect of release of one tortfeasor on liability of others.

     (1) A release by the injured person of one joint tortfeasor, whether before or after judgment,

does not discharge the other tortfeasors unless the release so provides; but reduces the claim against

the other tortfeasors in the amount of the consideration paid for the release, or in any amount or

proportion by which the release provides that the total claim shall be reduced, if greater than the

consideration paid.

     However, in circumstances where there are twenty-five (25) or more deaths from a single

occurrence, then a release by the injured person of one joint tortfeasor given as part of a judicially

approved good-faith settlement, whether before or after judgment, does not discharge the other

tortfeasors unless the release so provides but reduces the claim against the other tortfeasors in the

amount of the consideration paid for the release.

     (2) A release by the injured person of one joint tortfeasor relieves that tortfeasor from

liability to make contribution to another joint tortfeasor.

 

 

 

 

204)

Section

Repealed Chapter Numbers:

 

10-6-8

410 and 411

 

 

10-6-8. [Repealed]

 

 

 

 

205)

Section

Amended Chapter Numbers:

 

10-7-1.2

341 and 342

 

 

10-7-1.2. Liability for loss of consortium -- Liability for loss of society and

companionship.

     (a) Whenever the death of a married person shall be caused by the wrongful act, neglect,

or default of another person, the decedent's spouse may recover damages against the person for loss

of consortium and for the emotional distress, grief, and loss of enjoyment of life as a result of the

death.

     (b) Whenever the death of a parent or parents of a son or daughter shall be caused by the

wrongful act, neglect, or default of another person, the son or daughter may recover damages

against the person for the loss of parental society and companionship and for the emotional distress,

grief, and loss of enjoyment of life as a result of the death.

     (c) Whenever the death of a son or daughter shall be caused by the wrongful act, neglect,

or default of another person, the parent or parents of the son or daughter may recover damages

against the person for the loss of the son's or daughter's society and companionship and for the

emotional distress, grief, and loss of enjoyment of life as a result of the death.

 

 

 

206)

Section

Amended Chapter Numbers:

 

10-9-4

77 and 78

 

 

10-9-4. Issuance of writ -- Forms.

     (a) The court or justice to whom the complaint shall be made shall, without delay, award

and issue a writ of habeas corpus; if against any sheriff or deputy sheriff of this state, or against the

warden of any correctional institution in this state, or against any marshal or deputy marshal of the

United States, it shall be substantially in the following form:

     The State of Rhode Island and Providence Plantations.

     SC.

     (SEAL) To Greeting:

     We command you, that the body of ………… of ……………, in your custody (or, by you

imprisoned or restrained of his or her liberty, as the case may be), as it is said, together with the

day and cause of his or her taking and detaining by whatsoever name the said ………… shall be

called or charged, you have before our supreme (or superior as the case may be) court, held at

………… immediately after the receipt of this writ, to do and receive what our court shall then and

there consider concerning him or her in this behalf, and have there this writ.

     Witness, the seal of the ………… court at ………… this day of ………………, in the

year……

     Or, witness my hand this …………… day of …………in the year ……

Justice of the ………………court.

     (b) And if not against an officer as described in subsection (a), it shall be substantially in

the following form:

     The State of Rhode Island and Providence Plantations.

     SC.

     To the sheriffs of our several counties and their deputies,

     (SEAL) Greeting:

     We command you, that the body of ………… of ………… by ………… of …………

imprisoned or restrained of his or her liberty, as it is said, you take and have before our supreme

(or superior, as the case may be) court, held at ………… immediately after the receipt of this writ,

to do and receive whatever the court shall then consider concerning him or her in this behalf, and

summon the said ……… then and there to appear before our said court to show the cause of the

taking and detaining of the said ……… and have you there this writ with your doings thereon.

     Witness, the seal of the …………… court at ……………… this ………………

day of ……………… in the year ……

, Clerk.

     Or, witness my hand this ……………… day of ……………… in the year ……

Justice of the ……………… court.

 

 

 

 

207)

Section

Amended Chapter Numbers:

 

10-10-2

77 and 78

 

 

10-10-2. Form of writ from superior court.

     An original writ of arrest issued from the superior court shall be substantially in the

following form:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

     SC.

     To the sheriffs of our several counties, or to their deputies,

     (SEAL) Greeting:

     We command you to arrest the body of …………… of ……………, if to be found in your

precinct, and …………… in safe custody keep, to answer the complaint of …………… of

…………… on the return day hereof (said return day being the …………… day of ……………

A. D. 19 …. ) in the SUPERIOR COURT to be holden at the county courthouse at ……………, in

an action of …………… as by declaration to be filed in court will be fully set forth, to the damage

of the plaintiff, as he or she says, …………… dollars.

     Hereof fail not, and make true return of this writ with your doings thereon.

     Witness, the seal of our superior court, at …………… this …………… day of ……………

in the year …….

, Clerk.

 

 

 

 

208)

Section

Amended Chapter Numbers:

 

10-10-3

77 and 78

 

 

10-10-3. Form of writ from district court.

     An original writ of arrest issued from a district court shall be substantially in the following

form:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

     SC.

     To the sheriff of the county of ...…...……….. , his or her deputies, or to either of the town

sergeants or constables in said county,

     (SEAL) Greeting:

     We command you to arrest the body of ...…...………. of ...…...………. , if to be found in

your precinct, and ...…...………. in safe custody keep, to answer the complaint of ...…...……….

of ...…...………., (The remainder as in a writ of summons.)

 

 

 

 

209)

Section

Amended Chapter Numbers:

 

10-16-1

143 and 144

 

 

10-16-1. Actions subject to chapter.

     In all ex contractu civil actions and in any action to recover the amount of any tax for

money only not in excess of two thousand five hundred dollars ($2,500) five thousand dollars

($5,000) exclusive of interest and costs, and in all actions or suits to recover damages resulting

from a retail sale of tangible personal property to a member of the general public or from services

rendered to a member of the general public in which the plaintiff seeks to recover an amount of

money only not in excess of two thousand five hundred dollars ($2,500) five thousand dollars

($5,000) exclusive of interest and costs, and in all actions or suits based upon a negotiable

instrument involving an amount of money only not in excess of two thousand five hundred dollars

($2,500) five thousand dollars ($5,000) exclusive of interest and costs, the procedure shall, at the

plaintiff's election, shown by his or her waiver of appeal, be as provided by this chapter.

 

 

 

 

210)

Section

Added Chapter Numbers:

 

11-9-1.6

354 and 355

 

 

11-9-1.6. Child erotica prohibited.

     (a) Definitions as used in this section:

     (1) "Minor" means any person not having reached eighteen (18) years of age.

     (2) "Produces" means produces, directs, manufactures, issues, publishes, or advertises.

     (3) "Visual portrayal" means any visual depiction as defined in § 11-9-1.3, including, but

not limited to, any photograph, film, video, picture, or computer-generated image or picture

whether made or produced by electronic, mechanical, or other means.

     (b) Any person age eighteen (18) or over who knowingly and voluntarily, without threat or

coercion, produces, possesses, displays, or distributes, in any form, any visual portrayals of minors

who are partially clothed, where the visual portrayals are used for the specific purpose of sexual

gratification or sexual arousal from viewing the visual portrayals, is guilty of a misdemeanor and,

upon conviction, shall be confined in jail for not more than one year, or fined not more than one

thousand dollars ($1,000), or both.

     (c) Affirmative defenses.

     (1) It shall be an affirmative defense to a charge of violating this section that:

     (i) The alleged child erotica was produced using an actual person or persons who was an

adult at the time the material was produced;

     (ii) The defendant promptly and in good faith and without retaining or allowing any person,

other than a law enforcement agency, to access any visual portrayal or copy of it:

     (A) Took reasonable steps to destroy each such visual portrayal; or

     (B) Reported the matter to a law enforcement agency and afforded that agency access to

each such image.

     (iii) That the possessor, displayer, or distributor of child erotica is the parent or legal

guardian of the child depicted in the visual portrayals and there is no competent evidence to prove

an intent to use the visual portrayals for sexual gratification or sexual arousal from viewing the

visual portrayals.

     (d) Severability. If any provision or provisions of this section, or the application of this

section to any person or circumstance is held invalid by a court of competent authority, that

invalidity does not affect the other provisions or applications of this section which can be given

effect without that invalid provision or provisions or application of the provision or provisions, and

to this end the provisions of this section are declared to be separable and severable.

 

 

 

 

 

 

 

211)

Section

Amended Chapter Numbers:

 

11-9-13

204 and 205

 

 

11-9-13. Sale or delivery of tobacco products, including electronic nicotine

delivery system products to individuals under twenty-one (21) -- posting notice of law.

     No person under eighteen (18) years of age shall purchase, nor shall any person sell, give,

or deliver to any person individual under eighteen (18) twenty-one (21) years of age, any tobacco

product in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as

"blunts," unflavored "blunts," flavored and unflavored blunt wraps, cigarette rolling papers of any

size or composition, cigarillos and tiparillos, pipe tobacco, chewing tobacco, snuff, electronic

nicotine-delivery systems system products, or snuff any and all products as defined in § 44-20-1.

Any person, firm, or corporation that owns, manages, or operates a place of business in which

tobacco products are sold, including sales through cigarette tobacco product vending machines,

shall post notice of this law conspicuously in the place of business in letters at least three-eighths

of an inch (3/8") high.

 

 

 

 

212)

Section

Amended Chapter Numbers:

 

11-9-13.2

204 and 205

 

 

11-9-13.2. Short title.

     Sections 11-9-13.2 -- 11-9-13.19 shall be cited as "An Act to Stop the Illegal Sale of

Tobacco Products to Children Individuals Under Twenty-One (21) Years of Age".

 

 

 

 

213)

Section

Amended Chapter Numbers:

 

11-9-13.4

204 and 205

 

 

11-9-13.4. Definitions.

     As used in this chapter:

     (1) "Bidi cigarette" means any product that (i) contains Contains tobacco that is wrapped

in temburni or tender leaf, or that is wrapped in any other material identified by rules of the

Department of Health department of health that is similar in appearance or characteristics to the

temburni or tender leaf, and (ii) does Does not contain a smoke filtering device.

     (2) "Court" means any appropriate district court of the state of Rhode Island.

     (3) "Dealer" is synonymous with the term "retail tobacco products dealer."

     (4) "Department of behavioral healthcare, developmental disabilities and hospitals" means

the state of Rhode Island behavioral healthcare, developmental disabilities and hospitals

department, its employees, agents, or assigns.

     (5) "Department of taxation" means the state of Rhode Island taxation division, its

employees, agents, or assigns.

     (6) "License" is synonymous with the term "retail tobacco products dealer license" or

"electronic nicotine-delivery system license” or any license issued under chapter 20 of title 44 or

chapter 1 of title 23."

     (7) "License holder" is synonymous with the term "retail tobacco products dealer" or

"electronic nicotine-delivery system license” or any licenses issued under chapter 20 of title 44 or

chapter 1 of title 23."

     (8) "Person" means any individual person, firm, fiduciary, partnership, trust, association,

or corporation licensed as a retail dealer to sell tobacco products within the state.

     (9) "Retail tobacco products dealer" means the holder of a license to sell tobacco products

at retail and shall include holders of all other licenses issued under chapter 20 of title 44 or chapter

1 of title 23.

     (10) "Retail tobacco products dealer license" means a license to sell tobacco products at

retail as issued by the department of taxation.

     (11) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping

tobacco, pouch tobacco, or smokeless tobacco.

     (12) "Tobacco product(s)" means any product containing tobacco, including bidi cigarettes,

as defined in subdivision (1) of this section, that can be used for, but whose use is not limited to,

smoking, sniffing, chewing, or spitting of the product any product(s) containing, made of, or

derived from tobacco or nicotine that is intended for human consumption or is likely to be

consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited

to, a cigarette, a little cigar as defined in § 44-20.2-1, and any and all products as defined in § 44-

20-1, electronic nicotine-delivery system products, or any added substance that may be aerosolized,

vaporized, or otherwise delivered by such an electronic nicotine-delivery system device, whether

or not that substance contains nicotine.

     (i) "Tobacco product(s)" does not include drugs, devices, or combination products intended

to treat tobacco or nicotine dependence that are authorized by the United States Food and Drug

Administration, as those terms are defined in the federal Federal Food, Drug and Cosmetic Act.

Nor does it include such authorized drugs, devices, or combination products with such treatment

purpose by individuals under age twenty-one (21) if prescribed by a licensed prescriber such as a

physician, nurse practitioner, or physician assistant.

     (13) "Underage individual" or "underage individuals" means any child individual under the

age of eighteen (18) twenty-one (21) years of age.

     (14) "Little cigars" means and includes any roll, made wholly or in part of tobacco,

irrespective of size or shape, and irrespective of whether the tobacco is flavored, adulterated, or

mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco wrapped

in leaf tobacco or any substance containing tobacco paper or any other material, and where such

roll has an integrated filter, except where such wrapper is wholly or in greater part made of tobacco

and where such roll has an integrated filter and weighs over three (3) four (4) pounds per thousand

(1,000).

     (15) "Electronic nicotine-delivery system" means an electronic device that may be used to

simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device,

and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo,

electronic little cigars, electronic pipe, or electronic hookah, "heat not burn products," e-liquids, e-

liquid products, or and any related device and any cartridge or other component of such device.

     (16) "Electronic nicotine-delivery system product" means any combination of electronic

nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid

container. Electronic nicotine-delivery system products shall not include hemp-derived consumable

cannabidiol (CBD) products as defined in § 2-26-3.

     (17) "E-liquid" and "e-liquid products" means any liquid or substance placed in or sold for

use in an electronic nicotine-delivery system which that generally utilizes a heating element that

aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine

derivative:

     (i) Whether the liquid or substance contains nicotine or a nicotine derivative; or

     (ii) Whether sold separately or sold in combination with a personal vaporizer, electronic

nicotine-delivery system, or an electronic inhaler.

 

 

 

214)

Section

Amended Chapter Numbers:

 

11-9-13.5

204 and 205

 

 

11-9-13.5. Responsibility for tobacco or health issues.

     The Rhode Island department of behavioral healthcare, developmental disabilities and

hospitals shall develop, monitor, and aggressively enforce health rules and regulations pertaining

to stopping the illegal sale of tobacco products which include electronic nicotine-delivery system

products to children individuals under twenty-one (21) years of age.

 

215)

Section

Amended Chapter Numbers:

 

11-9-13.6

204 and 205

 

 

11-9-13.6. Duties of the department of behavioral healthcare, developmental

disabilities and hospitals.

     The department of behavioral healthcare, developmental disabilities and hospitals shall:

     (1) Coordinate and promote the enforcement of the provisions of this chapter and serve as

the primary liaison from this department to other state or local agencies, departments, or divisions

on issues pertaining to stopping children's individuals' under twenty-one (21) years of age access

to tobacco products, which include and electronic nicotine-delivery system dealers products.

     (2) Provide retail tobacco products dealers and electronic nicotine-delivery system

products dealers signs concerning the prohibition of sales to children individuals under eighteen

(18) twenty-one (21) years of age. The signs, conforming to the requirements of this chapter, shall

be sold at cost. This sign, or an exact duplicate of it made privately, shall be displayed in all

locations where tobacco products, and/or including electronic nicotine-delivery systems system

products, are sold.

     (3) Investigate concurrently with other state and local officials violations of this chapter.

     (4)(i) Utilize unannounced statewide compliance checks of tobacco product sales, and/or

including electronic nicotine-delivery system product sales,; including retail tobacco and/or

product over-the-counter sales, which include electronic nicotine-delivery system product over-

the-counter sales,; mail-order sales initiated via mail, facsimile, telephone, or internet ordering or

other types of electronic communications,; and tobacco product, including and/or electronic

nicotine-delivery systems system product vending machine sales, as part of investigating

compliance with the provisions of this chapter. Underage individuals, acting as agents for the

department of behavioral healthcare, developmental disabilities and hospitals and with the written

permission of a parent or guardian for individuals under eighteen (18) years of age, may purchase,

with impunity from prosecution, tobacco products, including and electronic nicotine-delivery

system products, for the purposes of law enforcement or government research involving monitoring

compliance with this chapter, provided that the underage individuals are supervised by an adult law

enforcement official. Any individual participating in an unannounced compliance check of over-

the-counter or vending machine sales, must state his or her accurate age if asked by the sales

representative of the retail establishment being checked.

     (ii) In fulfilling the requirement of unannounced statewide compliance checks, the

department of behavioral healthcare, developmental disabilities and hospitals shall maintain

complete records of the unannounced compliance checks, detailing, at least, the date of the

compliance check; the name and address of the retail establishment checked or the mail order

company; the results of the compliance check (sale/no sale); whether the sale was made as an over-

the-counter sale, a mail-order purchase or a tobacco product, including and/or an electronic

nicotine-delivery systems system product vending machine sale; and if a citation was issued for

any violation found. The records shall be subject to public disclosure. Further, the department of

behavioral healthcare, developmental disabilities and hospitals shall report to the owner of each

retail establishment checked or mail-order company the results of any compliance check (sale/no

sale) whether the sale was made as an over-the-counter sale, a mail-order purchase, or a tobacco

and/or electronic nicotine-delivery systems system product vending machine sale, and if a citation

was issued for any violation found.

     (5) Seek enforcement, concurrently with other state and local officials, of the penalties as

detailed in this chapter.

     (6) Develop and disseminate community health education information and materials

relating to this chapter.

 

 

 

 

216)

Section

Amended Chapter Numbers:

 

11-9-13.7

204 and 205

 

 

11-9-13.7. Signs concerning sales to individuals under age twenty-one (21).

     Signs provided by the department of behavioral healthcare, developmental disabilities and

hospitals, or an exact duplicate of it made privately, shall: (1) Contain in red bold lettering a

minimum of three-eighths (3/8") inch (3/8”) high on a white background the following wording in

both English and Spanish:

THE SALE OF CIGARETTES,

TOBACCO PRODUCTS, INCLUDING CIGARETTES AND

ELECTRONIC NICOTINE-DELIVERY SYSTEM PRODUCTS

TO PERSONS INDIVIDUALS UNDER THE AGE OF 18 21

IS AGAINST RHODE ISLAND LAW

(§ 11-9-13.8(1), Rhode Island Statutes)

PHOTO ID FOR PROOF OF AGE IS

REQUIRED FOR PURCHASE.

     (2) Contain the phone number at the department of behavioral healthcare, developmental

disabilities and hospitals, where violations of §§ 11-9-13.2 -- 11-9-13.19 can be reported, in

addition to any other information required by the department of behavioral healthcare,

developmental disabilities and hospitals.

     (3) Be displayed prominently for public view, wherever tobacco products, including

electronic nicotine-delivery system products, are sold at each cash register, each tobacco and/or

product vending machine, including each electronic nicotine-delivery systems system product

vending machine, or any other place from which tobacco products, including electronic nicotine-

delivery system products, are sold. The signs shall be electronically available in both English and

Spanish online at the department of behavioral healthcare, developmental disabilities and hospitals'

website.

 

 

 

217)

Section

Amended Chapter Numbers:

 

11-9-13.8

204 and 205

 

 

11-9-13.8. Prohibitions applicable to license holders and their employees and agents.

     A person holding a license issued under chapter 20 of title 44 and/or § 23-1-56, or an

employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco

product, and/or including an electronic nicotine-delivery system product:

     (1) To any individual who is under eighteen (18) twenty-one (21) years of age; or

     (2) In any form other than an original, factory-wrapped package as sealed and certified by

the manufacturer; or

     (3) As a single-cigarette sale (§ 44-20-31) or as a sale of cigarettes by the individual piece

known as "loosies."

 

 

 

 

 

 

218)

Section

Amended Chapter Numbers:

 

11-9-13.8.1

204 and 205

 

 

11-9-13.8.1. Signs concerning the health effects of tobacco.

     Signs provided by the department of behavioral healthcare, developmental disabilities and

hospitals, or an exact duplicate of it made privately, shall:

     (1) Contain in red bold lettering a minimum of one-quarters of an inch (1/4") high on a white

background the following wording, in both English and Spanish: WARNING: SMOKING

CIGARETTES CONTRIBUTES TO LUNG DISEASE, CANCER, HEART DISEASE, STROKE

AND RESPIRATORY ILLNESS AND DURING PREGNANCY MAY RESULT IN LOW

BIRTH WEIGHT AND PREMATURE BIRTH.

     (2) The signs shall also include information regarding resources available to Rhode Island

residents who would like to quit smoking.

     (3) The signs shall be displayed prominently for public view wherever tobacco products are

sold at each cash register, each tobacco vending machine, or any other place from which tobacco

products are sold. The signs shall be electronically available in both English and Spanish online at

the department of behavioral healthcare, developmental disabilities and hospitals' website.

     (4) The department of behavioral healthcare, developmental disabilities and hospitals shall

have the power and authority to develop and disseminate signs pursuant to the requirements of this

section for other tobacco products, including electronic nicotine-delivery system products. The

messaging included in the signs shall be based on the most current scientific evidence.

 

 

 

219)

Section

Amended Chapter Numbers:

 

11-9-13.10

204 and 205

 

 

11-9-13.10.  Prohibition on the distribution of free tobacco products, including electronic

nicotine-delivery system products.

     The distribution and/or redemption of free tobacco products, including and electronic

nicotine-delivery systems system products or coupons or vouchers redeemable for free or

discounted tobacco products, including or electronic nicotine-delivery system products, to any

person individual under eighteen (18) twenty-one (21) years of age shall be prohibited. Further, the

distribution and/or redemption of free tobacco products, including or electronic nicotine-delivery

systems system products or coupons or vouchers redeemable for free or discounted tobacco

products, or including electronic nicotine-delivery system products, shall be prohibited, regardless

of the age of the person individual to whom the products, coupons, or vouchers are distributed,

within five hundred feet (500') of any school. The attorney general, or any local or state of Rhode

Island police department, or their officers or agents, shall bring an action for any violation of this

section. Every separate, free or discounted tobacco product, including an or electronic nicotine-

delivery system product or coupon or voucher redeemable for a free or discounted tobacco product,

including an or electronic nicotine-delivery system or product, in violation of this section shall

constitute a separate offense subject to a fine of five hundred dollars ($500). The penalty shall be

assessed against the business person or individual responsible for initiating the Rhode Island

distribution of the free or discounted tobacco products or , including electronic nicotine-delivery

systems system products or coupons or vouchers redeemable for free or discounted tobacco

products or , including electronic nicotine-delivery systems system products, and/or against the

person or individual responsible for the redemption of such coupons or vouchers.

 

 

220)

Section

Chapter Numbers:

 

11-9-13.11

204 and 205

 

 

11-9-13.11. Prohibition on the sale or distribution of tobacco products, including electronic

nicotine-delivery system products, through the mail -- Conveyance of tobacco products,

including electronic nicotine-delivery system products, through the mail to individuals                                      under twenty-one (21) -- Proof of age of purchaser required – General rule.

     (a) The distribution, or sale or conveyance of tobacco products, including electronic

nicotine-delivery system products, to children individuals under the age of eighteen (18) twenty-

one (21) via the United States Postal Service, or by any other public or private postal or package

delivery service, shall be prohibited.

     (b) Any person selling or distributing tobacco products in the form of little cigars as defined

in § 44-20.2-1, pipe tobacco, chewing tobacco, or snuff, any and all products defined in § 44-20-1,

or electronic nicotine-delivery system products directly to a consumer via the United States Postal

Service, or by any other public or private postal or package delivery service, including orders

placed by mail, telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco

product, including electronic nicotine-delivery system products, through any of these means,

receive both a copy of a valid form of government identification showing date of birth to verify the

purchaser is age eighteen (18) twenty-one (21) years or over and an attestation from the purchaser

certifying that the information on the government identification truly and correctly identifies the

purchaser and the purchaser's current address, and (2) deliver the tobacco product, including

electronic nicotine-delivery system products, to the address of the purchaser given on the valid

form of government identification and by a postal or package delivery service method that either

limits delivery to that purchaser and requires the purchaser to sign personally to receive the delivery

or requires a signature of an adult an individual age twenty-one (21) or over at the purchaser's

address to deliver the package.

     (c) The attorney general shall bring an action for any violation of this chapter. Any

distribution, or sale or conveyance of a tobacco product, including electronic nicotine-delivery

system products, to a child an individual under eighteen (18) twenty-one (21) years of age via the

United States Postal Service, or by any other public or private postal or package delivery service,

shall be subject to an action against the distributor, or seller or conveyor by the attorney general of

the state of Rhode Island. A minimum fine of one thousand dollars ($1,000) shall be assessed

against any distributor, or seller or conveyor convicted of distributing, or selling or conveying

tobacco products, including electronic nicotine-delivery system products, via the United States

postal service, or by any other public or private postal or package delivery service, for each

delivery, or sale or conveyance of a tobacco product, including electronic nicotine-delivery system

products, to a child an individual under eighteen (18) twenty-one (21) years of age.

     (d) For the purpose of this section, "distribution," "distributing," "selling" and "sale" do not

include the acts of the United States Postal Service or other common carrier when engaged in the

business of transporting and delivering packages for others or the acts of a person, whether

compensated or not, who transports or delivers a package for another person without any reason to

know of the package's contents.

     (e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter 20.1

of title 44. The provisions of this section shall apply to each tobacco product listed in subsection

(b) herein, which include electronic nicotine-delivery system products, but shall not apply to any

delivery sale of cigarettes.

 

 

 

 

221)

Section

Amended Chapter Numbers:

 

11-9-13.13

204 and 205

 

 

11-9-13.13. Nature and size of penalties.

     (a) Any person or individual license holder who violates a requirement of §§ 11-9-13.6(2)

or § 11-9-13.7, display of specific signage, shall be subject to a fine in court of not less than thirty-

five dollars ($35.00), nor more than five hundred dollars ($500), per civil violation.

     (b) The license holder is responsible for all violations of this section that occur at the

location for which the license is issued. Any license holder who or that violates the prohibition of

§§ 11-9-13.8(1) and/or (2) or § § 11-9-13.20 shall be subject to civil fines as follows:

     (1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six-

month (36) period;

     (2) A fine of five hundred dollars ($500) for the second violation within any thirty-six-

month (36) period;

     (3) A fine of one thousand dollars ($1,000) and a fourteen-day (14) suspension of the

license to sell tobacco products or electronic nicotine-delivery systems for the third violation within

any thirty-six-month (36) period;

     (4) A fine of one thousand five hundred dollars ($1,500) and a ninety-day (90) suspension

of the license to sell tobacco products or electronic nicotine-delivery systems for each violation in

excess of three (3).

     (c) Any person who or that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes;

or § 11-9-13.8(2), regarding factory-wrapped packs as sealed and certified by the manufacturer;

shall be subject to a penalty of five hundred dollars ($500) for each violation.

     (d) The department of taxation and/or the department of health shall not issue a license to

any individual, business, firm, fiduciary, partnership, trust, association, or corporation, the license

of which has been revoked or suspended; to any corporation, an officer of which has had his or her

license revoked or suspended; or to any individual who is, or has been, an officer of a corporation

the license of which has been revoked or suspended so long as such revocations or suspensions are

in effect.

     (e) The court shall may suspend the imposition of a license suspension of the license

secured from the Rhode Island tax administrator or department of health for a violation of

subsections (b)(3) and (b)(4) of this section if the court finds that the license holder has taken

measures to prevent the sale of tobacco products, and/or including electronic nicotine-delivery

systems system products, to minors an underage individual and the license holder can demonstrate

to the court that those measures have been taken and that employees have received training. No

person or individual shall sell tobacco products, and/or including electronic nicotine-delivery

system products, at retail without first being trained in the legal sale of tobacco products, including

and/or electronic nicotine-delivery system products. Training shall teach employees what

constitutes a tobacco product, including an and/or electronic nicotine-delivery system product;

legal age of purchase sale; acceptable identification; how to refuse a direct sale to a minor an

underage individual or secondary sale to an adult an individual twenty-one (21) years or older; and

all applicable laws on tobacco sales and distribution. Dealers shall maintain records indicating that

the provisions of this section were reviewed with all employees who conduct, or will conduct,

tobacco product sales, including and/or electronic nicotine-delivery systems system product sales.

Each employee who sells or will sell tobacco products, and/or including electronic nicotine-

delivery system products, shall sign an acknowledgement form attesting that the provisions of this

section were reviewed with him or her. Each form shall be maintained by the retailer for as long as

the employee is so employed and for no less than one year after termination of employment. The

measures to prevent the sale of tobacco products, including and/or electronic nicotine-delivery

systems system products, to minors underage individuals shall be defined by the department of

behavioral healthcare, developmental disabilities and hospitals in rules and regulations.

 

 

 

222)

Section

Repealed Chapter Numbers:

 

11-9-14

204 and 205

 

 

11-19-14. [Repealed]

 

 

 

223)

Section

Added Chapter Numbers:

 

11-9-14.1

204 and 205

 

 

11-9-14.1. Compliance with federal statutes and regulations.

     The provisions of §§ 11-9-13, 11-9-13.1, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-

9-13.10, 11-9-13.11, and 11-9-13.12 shall be interpreted so as not to be less restrictive than the

Federal  Food, Drug and Cosmetic Act, 21 U.S.C. 387 et seq., including 21 U.S.C. 387 f(d),

or than Section 1926 of the federal Public Health Service Act, 42 U.S.C. 300x-26, or than any

regulation promulgated or updated by the United States Food and Drug Administration or the

United States Secretary of Health and Human Services arising from the acts; so as to comply with

the provisions of the acts and related regulations in regard to prohibiting the sale of tobacco

products, including electronic nicotine-delivery system products to individuals under the age of

twenty-one (21) years; and so that the state may maintain qualification for federal funding regarding

tobacco, the use and cessation of tobacco, including electronic nicotine-delivery system products.

Nothing herein shall prohibit the state from enacting a statute or promulgating a regulation that is

more restrictive than any provision of 21 U.S.C. 387 et seq., or any provision of 42 U.S.C. 300x-

26.

 

 

 

224)

Section

Amended Chapter Numbers:

 

11-24-2.1

124 and 125

 

 

11-24-2.1. Discrimination based on disability, age, or sex prohibited.

     (a) Whenever in this chapter there shall appear the words "ancestral origin" there shall be

inserted immediately thereafter the words "disability, age, or sex."

     (b) "Disability" means a disability as defined in § 42-87-1.

     (c) The terms, as used regarding persons with disabilities, "auxiliary aids and services" and

"reasonable accommodation" have the same meaning as those terms are defined in § 42-87-1.1.

     (d) "Otherwise qualified" means a person with a disability who meets the essential

eligibility requirements for participation in or receipt of benefits from the program or activity.

     (e) Any person with a disability shall be entitled to full and equal access, as other members

of the general public to all public accommodations, subject to the conditions and limitations

established by law and applicable alike to all persons.

     (f) Every person with a disability who has a personal assistive animal or who obtains a

personal assistive animal, shall be entitled to full and equal access to all public accommodations

provided for in this chapter, and shall not be required to pay extra compensation for a personal

assistive animal, but shall be liable for any damage done to the premises by a personal assistive

animal.

     (g) Nothing in this section shall require any person providing a place of public

accommodation to, in any way, incur any greater liability or obligation, or provide a higher degree

of care for a person with a disability than for a person who is not disabled.

     (h) "Sexual orientation" means having or being perceived as having an orientation for

heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of

persons and does not render lawful any conduct prohibited by the criminal laws of this state nor

impose any duty on a religious organization. This definition does not confer legislative approval of

that status, but is intended to assure the basic human rights of persons to partake of public

accommodations, regardless of that status.

     (i) "Gender identity or expression" includes a person's actual or perceived gender, as well

as a person's gender identity, gender-related self image, gender-related appearance, or gender-

related expression, whether or not that gender identity, gender-related self image, gender-related

appearance, or gender-related expression is different from that traditionally associated with the

person's sex at birth.

 

 

 

225)

Section

Amended Chapter Numbers:

 

11-27-19

127 and 128

 

 

11-27-19. Unauthorized practice of law committee -- Powers and duties -- Duties of

attorney general.

     (a) There is established an unauthorized practice of law committee to be appointed by the

supreme court consisting of any number that shall be determined by the supreme court.

     (b) It shall be the duty of the attorney general and the unauthorized practice of law

committee to enforce the provisions of this chapter and to investigate and prosecute all violations.

It shall be the duty of the attorney general to prosecute all criminal violations. The superior court

shall have jurisdiction to restrain and enjoin any of the acts prohibited in this chapter upon a

complaint brought by the attorney general, by any member of the bar of this state whose authority

as a member to practice law is in full force and effect, or by the unauthorized practice of law

committee.

     (c) The unauthorized practice of law committee may sue in its own name for the purpose

of civil litigation as provided by this section.

     (d) The unauthorized practice of law committee shall have the following duties and powers:

     (1) To adopt, amend, and rescind any rules and regulations that it deems necessary to carry

out the provisions of this section, a copy of which rules and regulations shall be filed with the

secretary of state and available for public inspection which shall be approved and promulgated

by the supreme court.;

     (2) To investigate all reports of activities which that may constitute unauthorized practice

of law and to hold hearings to determine whether the charges are substantiated or unsubstantiated;

     (3) To appoint legal counsel and any assistants that the committee deems necessary to act

for the committee in investigating complaints brought before it;

     (4) To make contracts and arrangements for the performance of administrative and similar

services required or appropriate in the performance of the committee's duties;

     (5) To issue subpoenas and administer oaths in connection with any investigations,

hearings, or other proceedings held under the authority of this chapter;

     (6) To take or cause depositions to be taken as needed in any investigation, hearing, or

proceeding; and

     (7) To summon and examine witnesses during any investigation, hearing, or proceeding

conducted by the committee;.

     (e) There shall be no liability on the part of, and no cause of action of any nature shall arise

against, the unauthorized practice of law committee, its agents, or its employees, or its members or

against any organization or its members or other witnesses and parties to the committee's

proceedings for any statements made by them in documents, reports, communications, or testimony

concerning any investigation of the conduct of any person, firm, corporation, or other entity alleged

to be engaged in the unauthorized practice of law.

     (f) Subpoenas may be issued by the committee on its own motion to compel the production

of documents or other written records or the attendance of witnesses at any investigation or hearing.

The committee may issue subpoenas at the request and on behalf of the accused. In the event that

any person contumaciously refuses to obey a subpoena or answer any proper question put to that

person during a hearing or proceeding, the superior court shall have jurisdiction upon application

by the committee to issue that person an order requiring the person to appear before the committee,

there to produce evidence if so ordered, or there to give testimony concerning the matter under

investigation. The committee shall have the power to request the superior court to punish all

intentional disregard of the court orders as contempt.

     (g) Within thirty (30) days, if practical, after holding a hearing, the committee shall make

a written report of its findings of fact and its recommendation, and the report shall be immediately

transmitted to the chief justice of the supreme court with a transcript of the evidence. A copy of the

report shall be furnished to the accused.

     (h) The administration of the committee shall be funded from annual fees to be determined

by the supreme court. These fees shall be charged to and apportioned among the licensed attorneys

and counselors of the supreme court of this state, the payment of which shall be a condition to

practicing in the state of Rhode Island. Monies shall be received by the supreme court in the same

manner as lawyers' registration fees and credited to a fund known as the unauthorized practice of

law committee administration fund. All monies in the fund shall be utilized only for the purpose of

maintaining, managing, operating, and administering the unauthorized practice of law committee

in carrying out its functions. The committee shall make an annual financial report to the supreme

court of Rhode Island.

 

 

 

226)

Section

Amended Chapter Numbers:

 

11-37-2

75 and 76

 

 

11-37-2. First degree sexual assault.

     A person is guilty of first degree sexual assault if he or she engages in sexual penetration

with another person, and if any of the following circumstances exist:

     (1) The accused, not being the spouse, knows or has reason to know that the victim is

mentally incapacitated, mentally disabled, or physically helpless.

     (2) The accused uses force or coercion.

     (3) The accused, through concealment or by the element of surprise, is able to overcome

the victim.

     (4) The accused engages in the medical treatment or examination of the victim for the

purpose of sexual arousal, gratification, or stimulation.

 

 

 

 

227)

Section

Amended Chapter Numbers:

 

11-37-2.7

77 and 78

 

 

11-37.2-7. 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 DISTRICT COURT

     COUNTY OF DIVISION

     

     Plaintiff:

     VS: NO:

      :

     Defendant:

     COMPLAINT FOR PROTECTION FROM ABUSE

     Pursuant to chapter 8.1 of title 8, I request that the court enter an order protecting me from

abuse.

     (a)(1) My full name, present street address, city and telephone number are as follows:

     

     (b)(2) The full name, present street address, city and telephone number of the person

causing me abuse (the defendant) are as follows:

     

     (c)(3) On or about __________________, without cause or provocation, I suffered abuse

when the defendant:

     [ ] Threatened or harmed 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;

     [ ] Attempted to cause me to engage involuntarily in sexual relations by force, threat of

force or duress;

     Specifically, the defendant:

     

     (d) 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.

     [ ] 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 such order

is entered on the question of continuing such temporary order.

     (e) I have not sought protection from abuse from any other judge of the district court arising

out of the same facts or circumstances alleged in this complaint.

     

     (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. _______________________

     Notary Public

     Note: If this complaint is filed by an attorney, the attorney's certificate should appear

below:

     ATTORNEY CERTIFICATE

     Signed:

     Attorney for Plaintiff

     Address:

     

     Date:

     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 DISTRICT COURT

     COUNTY OF DIVISION

     

     Plaintiff:

     VS: NO:

 

 

 

 

 

228)

Section

Amended Chapter Numbers:

 

11-41-5

383 and 384

 

 

11-41-5. Penalties for larceny.

     (a) Any person convicted of any offense under §§ 11-41-1 -- 11-41-6, except § 11-41-3,

shall be punished as follows, according to the value of the property or money stolen, received,

embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false

pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert:

     (1) If the value exceeds one thousand five hundred dollars ($1,500), and is less than five

thousand dollars ($5,000), by imprisonment for not more than three (3) years or by a fine of not

more than one thousand five hundred dollars ($1,500), or both;

     (2) If the value exceeds five thousand dollars ($5,000), but is less than ten thousand dollars

($10,000), by imprisonment for not more than six (6) years or by a fine of not more than three

thousand dollars ($3,000), or both; and

     (3) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as

defined in § 11-47-5.1, regardless of its value, the person shall be punished by imprisonment for

not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.

If the value does not exceed one thousand five hundred dollars ($1,500), the person shall be

punished by imprisonment for not more than one year, or by a fine of not more than five hundred

dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found to

have knowingly obtained the property from a person under eighteen (18) years of age,

notwithstanding the value of the property or money, shall be punished by imprisonment for not

more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.

     (b) Any person convicted of an offense in violation of §§ 11-41-1 -- 11-41-7, except § 11-

41-3, that involves a victim who is a person sixty-five (65) years of age or older at the time of the

offense and which involves property or money stolen, received, embezzled, fraudulently

appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise

with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in excess of five

hundred dollars ($500), shall be punished by imprisonment for not less than two (2) years but not

more than fifteen (15) years or by a fine of not more than five thousand dollars ($5,000), or both.

If the value of the property or money does not exceed five hundred dollars ($500), the person shall

be punished by imprisonment for not less than one year but not more than five (5) years or by a

fine of not more than three thousand dollars ($3,000), or both.

     (c) In addition to any other penalties pursuant to this section, an elected official or candidate

for office convicted of violating §§ 11-41-1, § 11-41-2, § 11-41-3 or § 11-41-4 where the theft is a

campaign account created, pursuant to title 17, for the benefit of the person so convicted, all

restitution shall be deposited into the Rhode Island crime victim compensation program fund and

not into the campaign account of that person convicted of the offense.

 

 

 

229)

Section

Amended Chapter Numbers:

 

11-47-23

339 and340

 

 

11-47-23.  False information in securing firearm or license - Straw purchases.

     (a) No person shall, in purchasing or otherwise securing delivery of a shotgun, rifle, pistol,

or revolver, or in applying for a license or permit to carry it, give false information or offer false

evidence of his or her identity. Violation of the provisions of this section may be punished by a fine

of not more than five thousand dollars ($5,000), imprisonment for not more than five (5) years, or

both.

     (b) No person shall knowingly purchase or otherwise obtain a shotgun, rifle, pistol, or

revolver on behalf of another person, or transfer a shotgun, rifle, pistol, or revolver to another

person, whom the transferor knows or reasonably should know is prohibited from possessing a

firearm under federal or state law.

     (c) A first violation of the provisions of this section may be punished by a fine of not more

than five thousand dollars ($5,000), imprisonment for not more than five (5) years, or both. A

second or subsequent violation of the provisions of this section may be punished by a fine of not

more than ten thousand dollars ($10,000), imprisonment for not more than ten (10) years, or both.

 

 

 

 

230)

Section

Amended Chapter Numbers:

 

11-47-35

339 and 340

 

 

11-47-35. Sale of concealable weapons -- Safety courses and tests -- Issuance of

permits to certain government officers.

     (a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall

have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with

the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the

United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and

any nonresident member of the armed forces of the United States who is stationed in this state and

who is twenty-one (21) years of age or older, may, upon application, purchase or acquire a pistol

or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall:

(i) complete Complete and sign in triplicate and deliver to the person selling the pistol or revolver

the application form described in this section, and in no case shall it contain the serial number of

the pistol or revolver; and (ii) shall Shall present to the person selling the pistol or revolver a

pistol/revolver safety certificate issued by the department of environmental management. The

certificate shall be retained in the possession of the buyer. The pistol/revolver safety certificate

shall certify that the purchaser has completed a basic pistol/revolver safety course as shall be

administered by the department of environmental management.

(Face of application form)

Application to Purchase Pistol or Revolver

Date ………………………………………… Hour ………………………………… A.M. P.M.

Name

Address

      (Street and number) (City or town) (State)

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Number of pistols and/or revolvers to be purchased.........................................................................

Have you ever been convicted of a crime of violence

(See § 11-47-2)

Have you ever been adjudicated or under confinement as addicted to a controlled substance

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is pistol or revolver being purchased

Seller's address

Seller's signature

Applicant's signature

(See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

-- 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence Plantations,

and that I am aware of the penalties for violation of the provisions of the cited sections. I further

certify that I have completed the required basic pistol/revolver safety course.

     Signed

      (over)

     County of

     State of Rhode Island

     Subscribed and sworn before me this ……… day of ………. A.D. 20..

      Notary Public

      ......................................

     (2) The person selling the pistol or revolver shall on the date of application sign and forward

by registered mail, by delivery in person, or by electronic mail if approved by the applicable police

department, the original and duplicate copies of the application to the chief of police in the city or

town in which the purchaser has his or her residence or to the superintendent of the Rhode Island

state police in the instance where the purchaser either resides in the town of Exeter or resides out

of state. The superintendent of the Rhode Island state police or the chief of police in the city or

town in which the purchaser has his or her residence shall mark or stamp the original copy of the

application form with the date and the time of receipt and return it by the most expeditious means

to the person who is selling the pistol or revolver. The triplicate copy duly signed by the person

who is selling the pistol or revolver shall within seven (7) days be sent by him or her by registered

mail, by delivery in person, or by electronic mail to the attorney general. The person who is selling

the pistol or revolver shall retain the original copy duly receipted by the police authority to whom

sent or delivered for a period of six (6) years with other records of the sale. It shall be the duty of

the police authority to whom the duplicate copy of the application form is sent or delivered to make

a background check of the applicant to ascertain whether he or she falls under the provisions of §

11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. If, after the lapse of seven (7) days from twelve

o'clock (12:00) noon of the day following application, no disqualifying information has been

received from the investigating police authority by the person who is selling the pistol or revolver,

he or she will deliver the firearm applied for to the purchaser. Upon the finding of no disqualifying

information under the provisions of the above cited sections of this chapter, and in no case later

than thirty (30) days after the date of application, the duplicate and triplicate copies of the

application will be destroyed. Retention of the duplicate and triplicate copies in violation of this

section or any unauthorized use of the information contained in the copies by a person or agency

shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this

section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to

purchases by retail dealers duly licensed under the provisions of § 11-47-39.

     (b)(1) The department of environmental management shall establish the basic

pistol/revolver safety course required by this section. The safety course shall consist of not less

than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course

shall be available to buyers continually throughout the year at convenient times and places but at

least monthly at locations throughout the state, or more frequently as required. Proficiency in the

use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No

person shall be required to complete the course more than once; provided, that any person

completing the course who is unable to produce the safety certificate issued by the department of

environmental management shall be required to take the course again unless the person provides

evidence to the department that he or she has successfully completed the course.

     (2) The administration of the basic pistol/revolver safety course required by this section

shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

     (c) Proof of passage of the department of environmental management's basic hunter safety

course will be equivalent to the pistol/revolver safety certificate mandated by this section.

     (d) Any person who has reason to believe that he or she does not need the required handgun

safety course may apply by any written means to the department of environmental management to

take an objective test on the subject matter of the handgun safety course. The test shall be

prepared, as well as an instruction manual upon which the test shall be based, by the department.

The manual shall be made available by any means to the applicant who may, within the time limits

for application, take the objective test at the department or at any location where the handgun safety

course is being given. Any person receiving a passing grade on the test shall be issued a

pistol/revolver safety certificate by the department.

     (e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11.]

     (f) The following persons shall be issued basic pistol/revolver permits by the department

of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

state police, prison or jail wardens or their deputies, members of the city or town police force,

members of the park police, conservation officers, members of the airport police and officers of the

United States government authorized by law to carry a concealed firearm and, at the discretion of

the department of environmental management, any person who can satisfactorily establish that he

or she formerly held one of these offices or were so authorized.

     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps, or Coast Guard

on active duty shall not be required to obtain a basic pistol/revolver safety certificate or basic

pistol/revolver permit under this section so long as he or she remains on active duty.

     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

Force, Marine Corps, or Coast Guard, or any person in an active duty paid status in the Rhode

Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate under

this section so long as he or she remains in active status.

 

 

 

231)

Section

Amended Chapter Numbers:

 

11-47-35.2

339 and 340

 

 

11-47-35.2. Sale of rifles/shotguns.

     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall have

elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the

United States and/or lawful resident of this state who is eighteen (18) years of age or older, and any

non-resident member of the armed forces of the United States who is stationed in this state and who

is eighteen (18) years of age or older, may, upon application, purchase or acquire a rifle or shotgun.

At the time of applying for the purchase of a shotgun or rifle the purchaser shall complete and sign

in triplicate and deliver to the seller the application form described in this section, and in no case

shall it contain the serial number of the rifle or shotgun.

(Face of application form)

Application to Purchase Shotgun or Rifle

Date ………………………………………… Hour ………………………………… A.M. P.M.

Name

Address

      (Street and number) (City or town) (State)

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Number of rifles and/or shotguns to be purchased............................................................................

Have you ever been convicted of a crime of violence

(See § 11-47-2 General Laws of Rhode Island)

Have you ever been adjudicated or under confinement as addicted to a controlled substance

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is shotgun or rifle being purchased

Seller's address

Seller's signature

Applicant's signature

(See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

-- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence Plantations,

and that I am aware of the penalties for violation of the provisions of the cited sections.

     Signed

     County of

     State of Rhode Island

     Subscribed and sworn before me this ……… day of ………. A.D. 20..

      Notary Public

      ......................................

     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign and

forward by registered mail or by delivery in person, or by electronic mail if approved by the

applicable police department, the original and duplicate copies of the application to the chief of

police in the city or town in which the purchaser has his or her residence or to the superintendent

of the Rhode Island state police in the instance where the purchaser either resides in the town of

Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of

police in the city or town in which the purchaser has his or her residence shall mark or stamp the

original copy of the application form with the date and time of receipt and return it by the most

expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7)

days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to the

attorney general. The person who is selling the rifle or shotgun shall retain the original copy duly

receipted by the police authority to whom sent or delivered for a period of six (6) years with other

records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the

application form is sent or delivered to make a background check of the applicant to ascertain

whether he or she falls under the provisions of § 11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. If,

after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application,

no disqualifying information has been received from the investigating police authority by the

person who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the

purchaser. Upon the finding of no disqualifying information under the provisions of the above cited

sections of this chapter, and in no case later than thirty (30) days after the date of application, the

duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and

triplicate copies in violation of this chapter or any unauthorized use of the information contained

in them by a person or agency shall be punishable by a fine of not more than one thousand dollars

($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly

licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11-

47-39.

     (c) The provisions of this section shall not apply to full-time members of the state police,

full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

47-11, or to sales of air rifles or "BB guns" or to sales of antique firearms as defined in § 11-47-2.

 

 

 

232)

Section

Amended Chapter Numbers:

 

11-47-60

338 and 343

 

 

11-47-60. Possession of firearms on school grounds.

     (a)(1) No person shall have in his or her possession any firearm or other weapons on school

grounds.

     (2) For the purposes of this section, "school grounds" means the property of a public or

private elementary or secondary school or in those portions of any building, stadium, or other

structure on school grounds which that were, at the time of the violation, being used for an activity

sponsored by or through a school in this state or while riding school-provided transportation.

     (3) Every person violating the provisions of this section shall, upon conviction, be

sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be fined

not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).

     (4) Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to

whatever other penalties are imposed by the family court, lose his or her license to operate a motor

vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to obtain a

license, the court may impose as part of its sentence a delay in his or her right to obtain the license

when eligible to do so, for a period of up to six (6) months.

     (b) The provisions of this section shall not apply to any person who shall be exempt

pursuant to the provisions of §§ 11-47-9, who is a "peace officer" as defined in § 12-7-21,; a retired

law enforcement officer permitted under 11-47-11, and § 11-47-18(b) or pursuant to 18 U.S.C. §§

926(B) and 926(C) 926B and 926C,; or an individual in accordance with a contract entered into

between a school and the individual or an employer of the individual to provide security services

to the school,; or to the following activities when the activities are officially recognized and

sanctioned by the educational institution:

     (1) Firearm instruction and/or safety courses;

     (2) Government-sponsored military-related programs such as ROTC;

     (3) Interscholastic shooting and/or marksmanship events;

     (4) Military history and firearms collection courses and/or programs; and

     (5) The use of blank guns in theatrical and/or athletic events.

     (c) The provisions of this section shall not apply to colleges, universities, or junior colleges.

     (d) The provisions of this section shall not apply to the possession of a firearm that is not

loaded and is in a locked container or a locked rack that is in a motor vehicle.

 

 

 

233)

Section

Amended Chapter Numbers:

 

12-1-12

141 and 142

 

 

12-1-12. Destruction or sealing of records of persons acquitted or otherwise

exonerated.

     (a)(1) Any fingerprint, photograph, physical measurements, or other record of

identification, heretofore or hereafter taken by or under the direction of the attorney general, the

superintendent of state police, the member or members of the police department of any city or town,

or any other officer authorized by this chapter to take them, of a person under arrest, prior to the

final conviction of the person for the offense then charged, shall be destroyed by all offices or

departments having the custody or possession within sixty (60) days after there has been an

acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated from

the offense with which he or she is charged, and the clerk of court where the exoneration has taken

place shall, consistent with § 12-1-12.1, place under seal all records of the person in the case

including all records of the division of criminal identification established by § 12-1-4.

     (2) Any person previously convicted of any felony offense shall not be entitled to relief

under this section except for those records in cases of acquittal after trial.

     (3) Any person who shall violate any provision of this section shall be fined not exceeding

one hundred dollars ($100).

     (b) Requirements of this section shall also apply to persons detained by police, but not

arrested or charged with an offense, or to persons against whom charges have been filed by the

court, and the period of such filing has expired.

     (c) Notwithstanding any other provision of this section, any person who has been charged

with a complaint for a crime involving domestic violence where the complaint was filed upon a

plea of not guilty, guilty, or nolo contendere pursuant to § 12-10-12, must wait a period of three (3)

years from the date of filing before the records associated with the charge can be expunged, sealed,

or otherwise destroyed.

 

 

 

234)

Section

Amended Chapter Numbers:

 

12-1-12.1

141 and 142

 

 

12-1-12.1. Motion for sealing of records of persons acquitted or otherwise exonerated.

     (a) Any person who is acquitted or otherwise exonerated of all counts in a criminal case,

including, but not limited to, dismissal or filing of a no true bill or no information, may file a

motion for the sealing of his or her court records in the case, provided, that no person who has

been convicted of a felony shall be entitled to relief under this section except for those records

in cases of acquittal after trial.

     (b) Any person filing a motion for sealing his or her court records pursuant to this section

shall give notice of the hearing date set by the court to the department of the attorney general and

the police department that originally brought the charge against the person at least ten (10) days

prior to the hearing.

     (c) If the court, after the hearing at which all relevant testimony and information shall be

considered, finds that the person is entitled to the sealing of the records, it shall order the sealing

of the court records of the person in that case.

     (d) The clerk of the court shall, within forty-five (45) days of the order of the court granting

the motion, place under seal the court records in the case in which the acquittal, dismissal, no true

bill, no information, or other exoneration has been entered.

     (e) Notwithstanding any other provision of this section, in all cases involving a filing

subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving

domestic violence, the court having jurisdiction over the case shall retain the records of the case

for a period of three (3) years from the date of filing. The records shall not be expunged or sealed

for a period of three (3) years from the date of the filing.

     (f) The defendant shall be advised at the hearing that any and all bail money relating to a

case that remains on deposit and is not claimed at the time of sealing shall be escheated to the state's

general treasury in accordance with chapter 12 of title 8.

 

 

 

235)

Section

Amended Chapter Numbers:

 

12-1.3-3

141 and 142

 

 

12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting.

     (a) Any person filing a motion for expungement of the records of his or her conviction

pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the

attorney general and the police department that originally brought the charge against the person at

least ten (10) days prior to that date.

     (b) The court, after the hearing at which all relevant testimony and information shall be

considered, may, in its discretion, order the expungement of the records of conviction of the person

filing the motion if it finds:

     (1)(i) That in the five (5) years preceding the filing of the motion, if the conviction was for

a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction was for

a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor; there

are no criminal proceedings pending against the person; that the person does not owe any

outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such

amounts are reduced or waived by order of the court,; and he or she has exhibited good moral

character;

     (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the

person has complied with all of the terms and conditions of the deferral agreement including, but

not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and

restitution to victims of crimes; there are no criminal proceedings pending against the person; and

he or she has established good moral character. Provided, that no person who has been convicted

of a crime of violence shall have their records relating to a deferred sentence expunged; or

     (iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing of

the motion, if the convictions were for multiple misdemeanors, the petitioner has not been

convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending

against the person; and they have exhibited good moral character; and, provided that convictions

for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be

expunged under this subsection.

     (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the

expungement of the records of his or her conviction is consistent with the public interest.

     (c) If the court grants the motion, it shall, after payment by the petitioner of a one hundred

dollar ($100) fee to be paid to the court, order all records and records of conviction relating to the

conviction expunged and all index and other references to it removed from public inspection. A

copy of the order of the court shall be sent to any law enforcement agency and other agency known

by either the petitioner, the department of the attorney general, or the court to have possession of

the records. Compliance with the order shall be according to the terms specified by the court.

     (d) The defendant shall be advised at the hearing that any and all bail money relating to a

case that remains on deposit and is not claimed at the time of expungement shall be escheated to

the state's general treasury in accordance with chapter 12 of title 8.

     (e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a hearing

at which it finds that all conditions of the original criminal sentence have been completed, and any

and all fines, fees, and costs related to the conviction have been paid in full, order the expungement

without cost to the petitioner. At the hearing, the court may require the petitioner to demonstrate

that the prior criminal conviction would qualify as a decriminalized offense under current law. The

demonstration may include, but is not limited to, an affidavit signed by the petitioner attesting to

the fact that the prior conviction qualifies as a decriminalized offense under current Rhode Island

law.

 

 

 

236)

Section

Amended Chapter Numbers:

 

12-7-11

77 and 78

 

 

12-7-11. Summons.

     (a) In any case in which a peace officer has reasonable grounds to believe that a person has

committed or is committing a misdemeanor, he or she may issue a summons to the person

substantially in the following form:

(Summons)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

To

You are hereby summoned to appear before a judge of the District Court for the .........................

Division, located at ............... in the (City)(Town) of ................., in the State of Rhode Island, on

the ....…... day of .............., 20 .....… at ........ o'clock ........ m., to answer to a complaint charging

you with the crime of ........ in violation of [statute, ordinance, etc.]

If you fail to appear and answer, a warrant will issue for your arrest.

Dated at ..…...... the........ day of................. 20......

      Title ………………....

      Department ………………...

     (b) Willful failure to appear in answer to this summons may be punished by a fine of not

over fifty dollars ($50.00) or imprisonment for not over fifteen (15) days.

 

 

 

237)

Section

Added Chapter Numbers:

 

12-33

235 and 236

 

 

CHAPTER 12-33

CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT

 

 

 

238)

Section

Added Chapter Numbers:

 

12-33-1

235 and 236

 

 

12-33-1. Legislative intent.

     (a) The general assembly finds that innocent persons who have been wrongfully convicted

of crimes through no fault of their own have been uniquely victimized, and are deserving of

consideration and remuneration for this miscarriage of justice.

     (b) For the purposes of this chapter, a “wrongful conviction" is a finding of guilt by a jury

or judge, later proven incorrect, which that results in incarceration for more than one year.

 

 

 

239)

Section

Added Chapter Numbers:

 

12-33-2

235 and 236

 

 

12-33-2. Statement of claim for compensation.

     (a) In order to present an actionable claim pursuant to this chapter, the claimant must

establish by documentary evidence that:

     (1) Claimant has been convicted of one or more crimes and, as a result of the conviction,

was sentenced to a term of imprisonment and has served all or part of said sentence; and

     (2) On grounds not inconsistent with innocence:

     (i) Claimant was pardoned of the crime or crimes upon which claimant was sentenced and

which that are the grounds for the complaint; or

     (ii) The judgment of conviction was vacated for reasons other than the ineffective

assistance of counsel; or

     (iii) The judgment of conviction was reversed for reasons other than the ineffective

assistance of counsel; and

     (iv) The accusatory instrument was dismissed; and

     (3) The claim is not time-barred by the provisions of this chapter.

     (b)The claims shall be verified by the claimant; and.

     (c) If the court determines after an examination of the claim that the claimant has not

alleged sufficient facts to succeed at trial it shall dismiss the claim, either on its own motion or on

the state’s motion.

 

 

 

 

 

 

240)

Section

Added Chapter Numbers:

 

12-33-3

235 and 236

 

 

12-33-3. Presentation of claim.

     All claims of wrongful conviction and imprisonment under this chapter shall be presented

to and heard by the presiding justice of the superior court.

 

 

 

241

Section

Added Chapter Numbers:

 

12-33-4

235 and 236

 

 

12-33-4. Judgment and award.

     (a) In order to obtain a judgment in their favor, the claimant must prove by a preponderance

of the evidence that:

     (1) Claimant was convicted of one or more crimes, and subsequently sentenced to a term

of imprisonment for more than one year, and has served all or any part of the sentence; and

     (i) Claimant has been pardoned for the crime or crimes upon which claimant was sentenced,

and which that are the grounds for the complaint; or

     (ii) Claimant’s judgment of conviction was reversed or vacated for reasons other than the

ineffective assistance of counsel and the accusatory instrument was dismissed; and

     (2) Claimant did not commit any of the crimes charged in the accusatory instrument; and

     (3) Claimant did not commit or suborn perjury, or fabricate evidence, to cause or bring

about their claimant’s own conviction.

     (4) Neither a confession nor an admission later found to be false or a guilty plea shall

constitute committing or suborning perjury, fabricating evidence, or causing or bringing about the

conviction under this subsection.

     (b) If the court finds that the claimant was wrongfully convicted and incarcerated pursuant

to this section the court shall grant:

     (1) An award for wrongful conviction and incarceration calculated at fifty thousand dollars

($50,000) at the time of release and paid for each year served in a correctional facility. For

incarceration of less than a year, this amount shall be prorated to one three hundred sixty fifth’s

(1/365) of fifty thousand dollars ($50,000) for every day served. The award may be expanded to

include, at the discretion of the court, in the interest of justice:

     (i) Release from any child support payments owed the state by the claimant that became

due, and interest on child support arrearages that accrued, during the time served in prison but were

not paid as well as reasonable attorneys’ fees where legal proceedings are required to

remedy outstanding obligations resulting from an order to pay child support;

     (ii) Access to and eligibility for any services provided by the state for offenders who have

been adjudicated by the courts and are residing in the community. Coordination of said these

services shall be through the department of probation and parole;

     (iii) Reasonable attorneys’ fees for bringing a claim under this chapter, not to

exceed fifteen thousand dollars ($15,000). Any such fees granted shall not be deducted from the

compensation due to the claimant, nor is counsel entitled to receive additional fees from the client.

     (c) No damages or amounts awarded pursuant to this chapter shall be subject to:

     (1) Any cap or limit that may be applicable to private parties in civil lawsuits;

     (2) Any taxes, except for those portions of the judgment awarded as attorneys’

fees for bringing a claim under this chapter; or

     (3) Treatment as gross income to a claimant under the provisions of title 44.

     (d) The claimant shall not receive compensation for any period of incarceration during

which the claimant was concurrently serving a sentence for a conviction of another crime for which

such the claimant was lawfully incarcerated.

     (e) The acceptance by a claimant of any such award, compromise, or settlement shall:

     (1) Be memorialized in writing, which shall include a provision, signed by the claimant,

voluntarily relinquishing any and all rights to pursue any other action or remedy at law or in equity

that such person may have arising out of such wrongful conviction and incarceration;

     (2) Except when procured by fraud, be final and conclusive on the claimant.

     (f) The court shall, upon determining that the claimant is entitled to compensation under

this chapter, forward to the general treasurer an inventory and description of the award, including

any attorneys’ fees awarded, for disbursement.

     (g)(1) If at the time of the judgment entry referred to in subsection (b) of this section, the

claimant has won a monetary award on or after the effective date of this statute (July 8, 2021) as

the result of a federal civil rights lawsuit under federal statute 42 U.S.C. § 1983, the amount of the

award in the action or the amount received in the settlement agreement, less any sums paid to

attorneys or for costs litigating the other civil action or obtaining the settlement agreement, shall

be deducted from the sum of money to which the claimant is entitled under this section.

     (2) If subsection (g)(1) of this section does not apply and if, after the time of the judgment

entry referred to in subsection (b) of this section, the claimant wins a monetary award as the result

of a federal civil rights lawsuit under federal statute 42 U.S.C. § 1983, the claimant shall reimburse

the state for the sum of money paid under the judgment entry referred to in subsection (b) of this

section, less any sums paid to attorneys or for costs in litigation of the other civil action or obtaining

the settlement agreement. A reimbursement required under this subsection shall not exceed the

amount of the monetary award the claimant wins for damages in the other civil action or the amount

received in the settlement agreement.

 

 

 

242)

Section

Added Chapter Numbers:

 

12-33-5

235 and 236

 

 

12-33-5. Funding.

     Any awards, amounts, or fees awarded pursuant to the provisions of this chapter shall, at

the direction of the court, be provided by the general treasurer from the general fund.

 

 

 

 

243)

Section

Added Chapter Numbers:

 

12-33-6

235 and 236

 

 

12-33-6. Non-exclusivity.

     The provisions of this chapter shall not be construed to prohibit a person who has been

wrongfully convicted and incarcerated as a result of the misfeasance or malfeasance on the part of

the state or any of its political subdivisions from seeking compensation or relief pursuant to any

other action or suit authorized by law.

 

 

 

244)

Section

Added Chapter Numbers:

 

12-33-7

235 and 236

 

 

12-33-7. Limitations.

     Any person claiming compensation under this section based on a pardon that was granted

or the vacated or reversed judgment of conviction that occurred before June 30, 2021, shall file

such claim not later than three (3) years after June 30, 2021. Any person claiming compensation

under this section based on a pardon that was granted or the vacated or reversed judgment of

conviction on or after June 30, 2021, shall file such claim not later than three (3) years after the

date of such pardon or the vacated or reversed judgment of conviction.

 

 

 

245)

Section

Added Chapter Numbers:

 

13-8-35

375 and 376

 

 

13-8-35. Early termination of parole supervision.

     (a) Upon its own motion or upon request of a parolee, the parole board may terminate a

parolee's supervision before the sentence expires.

     (1) Seven (7) years after releasing a prisoner on supervision, and at least annually

thereafter, the parole board shall review the status of the parolee to determine the need for continued

supervision. The parole board shall also conduct a status review whenever the supervision officer

recommends early termination of the parolee's supervision.

     (2) Seven (7) years after releasing a prisoner on supervision, excluding a parolee serving a

life sentence for first- or second-degree murder, the parole board shall terminate supervision over

the parolee unless the parole board determines, after a hearing in accordance with this chapter, that

such the supervision should not be terminated because there is a likelihood that the parolee will

engage in conduct violating any criminal law. If the parole board does not terminate supervision

under this subsection, the parolee may request a hearing annually thereafter, and the parole board

shall conduct an early termination hearing at least every two (2) years.

     (3) In calculating the two-(2) year (2) and seven-(7) year (7) periods provided in this

section, the parole board shall not include any period of parole before the recent release, or any

period served in confinement or any other sentence.

     (4) A parolee may not appeal an adverse decision under this section.

     (b) The parole board shall promulgate guidelines which that effectuate the purpose of this

section, which is to provide a mechanism for eliminating supervision on parole, in deserving cases,

consistent with the rehabilitative and reentry needs of the parolee and the promotion of public

safety.

     In determining whether to grant early termination from supervision, the parole board shall

consider its guidelines and promulgate new guidelines so as to effectuate the purpose of this section,

which is to provide a mechanism for eliminating supervision on parole, in deserving cases,

consistent with the rehabilitative and reentry needs of the parolee and the promotion of public

safety. Termination of supervision is indicated if the parolee:

     (1) Has been on supervised parole for the required period;

     (2) Has observed all the laws within and without the state;

     (3) Has been employed and remains employed at the time of the request; and

     (4) Has completed seven (7) continuous years of supervision and is free from an incident

of new criminal behavior or serious parole violation.

     (c) As used in this section, the term an "incident of new criminal behavior" or "serious

parole violation" includes a new arrest or report of a parole violation, if supported by substantial

evidence of guilt, even if no conviction or parole revocation results. The parole board shall not

terminate supervision until it determines the disposition of a pending criminal charge.

     (d) Case-specific factors that may justify a departure either above or below the early

termination may relate to the current behavior of the parolee, or the parolee's background and

criminal history.

 

 

 

246)

Section

Amend Chapter Numbers:

 

14-1-5

39 and 40

 

 

14-1-5. Exclusive jurisdiction.

     The court shall, as set forth in this chapter, have exclusive original jurisdiction in

proceedings:

     (1) Concerning any child residing or being within the state who is: (i) delinquent

Delinquent; (ii) wayward Wayward; (iii) dependent Dependent; (iv) neglected Neglected; or (v)

mentally Mentally disabled;

     (2) Concerning adoption of children;

     (3) To determine the paternity of any child alleged to have been born out of wedlock and

to provide for the support and disposition of that child in case that child or it’s the child’s mother

has residence within the state; and

     (4) Relating to child marriages, as prescribed by § 15-2-11; and

     (5) Referred to the court in accordance with the provisions of § 14-1-28.

 

 

 

 

247)

Section

Repealed Chapter Numbers:

 

15-2-11

39 and 40

 

 

15-2-11. [Repealed]

 

 

 

 

248)

Section

Added Chapter Numbers:

 

15-2-14

39 and 40

 

 

15-2-14. Minimum age for marriage license.

     A marriage license shall only be granted to a person of full age,. attaining Attaining the

age of eighteen (18) years shall be deemed full legal age pursuant to § 15-12-1.

 

 

 

 

249)

Section

Amended Chapter Numbers:

 

15-3-5

(84 and 40), (86 and 87)

 

 

15-3-5. Officials empowered to join persons in marriage.

     Every ordained clergy or elder in good standing; every justice of the supreme court,

superior court, family court, workers' compensation court, district court or traffic tribunal; the clerk

of the supreme court; every clerk, administrative clerk, or general chief clerk of a superior court,

family court, district court, or traffic tribunal; magistrates, special or general magistrates of the

superior court, family court, traffic tribunal or district court; administrative clerks of the district

court; administrators of the workers' compensation court; every former justice or judge and former

administrator of these courts; every former chief clerk of the district court; every former clerk,

administrative clerk, or general chief clerk of a superior court; the secretary of the senate; elected

clerks of the general assembly; any former secretary of the senate; any former elected clerk of the

general assembly who retires after July 1, 2007; judges of the United States appointed pursuant to

Article III of the United States Constitution; bankruptcy judges appointed pursuant to Article I of

the United States Constitution; and United States magistrate judges appointed pursuant to federal

law, may join persons in marriage in any city or town in this state; and every justice and every

former justice of the municipal courts of the cities and towns in this state and of the police court of

the town of Johnston and the administrator of the Johnston municipal court, while he or she is

serving as an administrator, and every probate judge and every former probate judge may join

persons in marriage in any city or town in this state, and wardens of the town of New Shoreham

may join persons in marriage in New Shoreham. In addition to the foregoing, the governor shall

designate, upon application, any person eighteen (18) years or older to solemnize a particular

marriage on a particular date and in a particular city or town, and may for cause at any time revoke

such designation. In the case of persons so designated by the governor, the secretary of state shall

promulgate rules and regulations as may be necessary to implement and carry out the provisions of

this section. The secretary of state shall issue a certificate of designation upon payment of twenty-

five dollars ($25.00) for applications delivered by mail, facsimile, or hand. All applications

submitted electronically shall pay a fee of twenty dollars ($20.00). Upon payment, a certificate of

designation shall be issued within twenty-one (21) days. The certificate shall expire upon

completion of the solemnization. The fees collected under this section shall be deposited into the

general fund.

 

(86 and 87)

     Every ordained clergy or elder in good standing; every justice of the supreme court,

superior court, family court, workers' compensation court, district court or traffic tribunal; the clerk

of the supreme court; every clerk, administrative clerk, or general chief clerk, or administrator of a

the supreme court, superior court, family court, district court, or traffic tribunal; magistrates, special

or general magistrates of the superior court, family court, traffic tribunal or district court;

administrative clerks of the district court; administrators of the workers' compensation court; every

former justice or judge and former administrator of these courts; every former chief clerk of the

district court; every former clerk, administrative clerk, or general chief clerk of a superior court;

the secretary of the senate; elected clerks of the general assembly; any former secretary of the

senate; any former elected clerk of the general assembly who retires after July 1, 2007; judges of

the United States appointed pursuant to Article III of the United States Constitution; bankruptcy

judges appointed pursuant to Article I of the United States Constitution; and United States

magistrate judges appointed pursuant to federal law, may join persons in marriage in any city or

town in this state; and every justice and every former justice of the municipal courts of the cities

and towns in this state and of the police court of the town of Johnston and the administrator of the

Johnston municipal court, while he or she is serving as an administrator, and every probate judge

and every former probate judge may join persons in marriage in any city or town in this state, and

wardens of the town of New Shoreham may join persons in marriage in New Shoreham.

 

 

 

250)

Section

Amended Chapter Numbers:

 

15-7-5.1

233 and 234

 

 

15-7-5.1. Contact preference form information.

     Upon providing consent to an adoption, the biological parent(s) shall be informed that,

consistent with subdivision § 23-3-15(g)(1), an adoptee may obtain a non-certified copy of his/her

unaltered, original certificate of birth upon his/her twenty-fifth (25th) eighteenth birthday, and that

the birth parent is allowed and authorized to file a contact preference form with the division of vital

records as provided in subdivision § 23-3-15(g)(2).

 

 

 

251)

Section

Amended Chapter Numbers:

 

15-7-7

404 and 405

 

 

15-7-7. Termination of parental rights.

     (a) The court shall, upon a petition duly filed by a governmental child placement agency

or licensed child placement agency, or by the birthmother or guardian of a child born under

circumstances referenced in subsection (a)(2)(viii) of this section, after notice to the parent and a

hearing on the petition, terminate any and all legal rights of the parent to the child, including the

right to notice of any subsequent adoption proceedings involving the child, if the court finds as a

fact by clear and convincing evidence that:

     (1) The parent has willfully neglected to provide proper care and maintenance for the child

for a period of at least one year where financially able to do so. In determining whether the parent

has willfully neglected to provide proper care and maintenance for the child, the court may

disregard contributions to support which that are of an infrequent and insubstantial nature; or

     (2) The parent is unfit by reason of conduct or conditions seriously detrimental to the child;

such as, but not limited to, the following:

     (i) Institutionalization of the parent, including imprisonment, for a duration as to render it

improbable for the parent to care for the child for an extended period of time;

     (ii) Conduct toward any child of a cruel or abusive nature;

     (iii) The child has been placed in the legal custody or care of the department for of children,

youth, and families and the parent has a chronic substance abuse problem and the parent's prognosis

indicates that the child will not be able to return to the custody of the parent within a reasonable

period of time, considering the child's age and the need for a permanent home. The fact that a parent

has been unable to provide care for a child for a period of twelve (12) months due to substance

abuse shall constitute prima facie evidence of a chronic substance abuse problem;

     (iv) The child has been placed with the department for of children, youth, and families and

the court has previously involuntarily terminated parental rights to another child of the parent and

the parent continues to lack the ability or willingness to respond to services which that would

rehabilitate the parent and provided further that the court finds it is improbable that an additional

period of services would result in reunification within a reasonable period of time considering the

child's age and the need for a permanent home;

     (v) The parent has subjected the child to aggravated circumstances, which circumstances

shall be abandonment, torture, chronic abuse, and sexual abuse;

     (vi) The parent has committed murder or voluntary manslaughter on another of his or her

children or has committed a felony assault resulting in serious bodily injury on that child or another

of his or her children or has aided or abetted, attempted, conspired, or solicited to commit such a

murder or voluntary manslaughter; or

     (vii) The parent has exhibited behavior or conduct that is seriously detrimental to the child,

for a duration as to render it improbable for the parent to care for the child for an extended period

of time; or

     (viii) The parent has been convicted of sexual assault upon the birthmother and parenthood

is a result of that sexual assault, which shall be established by proving that the child was conceived

as a result of a conviction for any offense set forth in §§ 11-37-2, § 11-37-6 or § 11-37-8.1.

Conception as a result of sexual assault may be proved by DNA tests and upon conviction of the

putative father, and after a fact-finding hearing establishing paternity, said the father's parental

rights shall be terminated by order of the court. Termination of the parental rights of the father shall

include the loss of all parental rights without limitation, including the adoption of said the child.

The father shall also have no right to any visitation with the minor child and shall have no right to

any inheritance from a child conceived as a result of sexual assault as specified.;

     (3) The child has been placed in the legal custody or care of the department for of children,

youth, and families for at least twelve (12) months, and the parents were offered or received services

to correct the situation which that led to the child being placed; provided, that there is not a

substantial probability that the child will be able to return safely to the parents' care within a

reasonable period of time considering the child's age and the need for a permanent home; or

     (4) The parent has abandoned or deserted the child. A lack of communication or contact

with the child for at least a six-(6) month (6) period shall constitute prima facie evidence of

abandonment or desertion. In the event that parents of an infant have had no contact or

communication with the infant for a period of six (6) months the department shall file a petition

pursuant to this section and the family court shall conduct expedited hearings on the petition.

     (b)(1) In the event that the petition is filed pursuant to subdivisions subsection (a)(1),

(a)(2)(i), (a)(2)(iii), or (a)(2)(vii) of this section, the court shall find as a fact that, prior to the

granting of the petition, such parental conduct or conditions must have occurred or existed

notwithstanding the reasonable efforts which that shall be made by the agency prior to the filing

of the petition to encourage and strengthen the parental relationship so that the child can safely

return to the family. In the event that a petition is filed pursuant to subdivisions subsection

(a)(2)(ii), (a)(2)(iv), (a)(2)(v), (a)(2)(vi), or (a)(4) of this section, the department has no obligation

to engage in reasonable efforts to preserve and reunify a family.

     (2) Any duty or obligation on the part of a licensed or governmental child placing agency

to make reasonable efforts to strengthen the parental relationship shall cease upon the filing of a

petition under this section. This provision shall not be construed and is not intended to limit or

affect in any way the parents' right to see or visit with the child during the pendency of a petition

under this section.

     (3) Upon the filing of a termination of parental rights petition, the agency has an affirmative

duty to identify, recruit, process, and approve a qualified family for adoption or other permanent

living arrangement for the child.

     (c)(1) In considering the termination of rights as pursuant to subsection (a), the court shall

give primary consideration to the physical, psychological, mental, and intellectual needs of the

child insofar as that consideration is not inconsistent with other provisions of this chapter.

     (2) The consideration shall include the following: If a child has been placed in foster family

care, voluntarily or involuntarily, the court shall determine whether the child has been integrated

into the foster family to the extent that the child's familial identity is with the foster family and

whether the foster family is able and willing to permanently integrate the child into the foster

family; provided, that in considering integrating into a foster family, the court should consider:

     (i) The length of time the child has lived in a stable, satisfactory environment and the

desirability of maintaining that environment and continuity for the child; and

     (ii) The reasonable preference of the child, if the court determines that the child has

sufficient capacity to express a reasonable preference.

     (d) If the court finds that the parental rights of the parent should be terminated as specified

in subsection (a), it shall by decree duly entered, appoint some suitable person to give or withhold

consent in any subsequent adoption proceedings. In the case of petitions filed by licensed or

governmental child placement agencies, the court shall appoint the agency to be the sole party to

give or withhold consent to the adoption of the child and further vest the agency with all rights of

guardianship over the child.

     (e) Nothing in this section shall be construed to prohibit the introduction of expert

testimony with respect to any illness, medical or psychological condition, trauma, incompetency,

addiction to drugs, or alcoholism of any parent who has exhibited behavior or conduct that is

seriously detrimental to a child, to assist the court in evaluating the reason for the conduct or its

probable duration.

     (f) The record of the testimony of the parties adduced in any proceeding terminating

parental rights to a child shall be entitled to the confidentiality provided for in § 8-10-21 and more

specifically shall not be admissible in any civil, criminal, or other proceeding in any court against

a person named a defendant or respondent for any purpose, except in subsequent proceedings

involving the same child or proceedings involving the same respondent.

     (g) In the event any child, the parental rights to whom have been finally terminated, has

not been placed by the agency in the home of a person or persons with the intention of adopting the

child within thirty (30) days from the date of the final termination decree, the family court shall

review the status of the child and the agency shall file a report that documents the steps the agency

is taking to find an adoptive family or other permanent living arrangement for the child, to place

the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned

permanent living arrangement, and to finalize the adoption or legal guardianship. At a minimum,

this documentation shall include child specific recruitment efforts, such as the use of state, regional,

and national adoption exchanges, including electronic exchange system.

 

 

 

252)

Section

Added Chapter Numbers:

 

15-7.2-16

420 and 421

 

 

15-7.2-16. Public information.

     The Rhode Island department of health shall provide the public with information regarding

the registry, including a link to the information posted by the court, on its website, and in the

division of vital records defined in chapter 3 of title 23.

 

 

 

 

 

253)

Section

Amended Chapter Numbers:

 

15-14.1-2

77 and 78

 

 

15-14.1-2. Definitions.

     As used in this chapter the following words and phrases shall have the following meanings

unless the context shall indicate another or different meaning or intent:

     (1) "Abandoned" means left without provision for reasonable and necessary care or

supervision;

     (2) "Child" means an individual who has not attained eighteen (18) years of age;

     (3) "Child custody determination" means a judgment, decree, or other order of a court

providing for the legal custody, physical custody, or visitation with respect to a child. The term

includes a permanent, temporary, initial, and modification order. The term does not include an order

relating to child support or other monetary obligation of an individual;

     (4) "Child custody proceeding" means a proceeding in which legal custody, physical

custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce,

separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and

protection from domestic violence, in which the issue may appear. The term does not include a

proceeding involving juvenile delinquency, contractual emancipation, or enforcement under this

chapter;

     (5) "Commencement" means the filing of the first pleading in a proceeding;

     (6) "Court" means the family court of the State of Rhode Island and Providence Plantations

unless another meaning is so indicated;

     (7) "Home state" means the state in which a child lived with a parent or a person acting as

a parent for at least six (6) consecutive months immediately before the commencement of a child

custody proceeding. In the case of a child less than six (6) months of age, the term means the state

in which the child lived from birth with any of the persons mentioned. A period of temporary

absence of any of the mentioned persons is part of the period;

     (8) "Initial determination" means the first child custody determination concerning a

particular child;

     (9) "Issuing court" means the court that makes a child custody determination for which

enforcement is sought under this chapter;

     (10) "Issuing state" means the state in which a child custody determination is made;

     (11) "Modification" means a child custody determination that changes, replaces,

supercedes, or is otherwise made after a previous determination concerning the same child, whether

or not it is made by the court that made the previous determination;

     (12) "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, government, governmental subdivision,

agency, or instrumentality, public corporation, or any other legal or commercial entity;

     (13) "Person acting as a parent" means a person, other than a parent, who:

     (i) Has physical custody of the child or has had physical custody for a period of six (6)

consecutive months, including any temporary absence, within one year immediately before the

commencement of a child custody proceeding; and

     (ii) Has been awarded legal custody by a court or claims a right to legal custody under the

law of this state.

     (14) "Physical custody" means the physical care and supervision of a child;

     (15) "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;

     (16) "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized

by federal law or formally acknowledged by a state;

     (17) "Warrant" means an order issued by a court authorizing law enforcement officers to

take physical custody of a child.

 

 

 

254)

Section

Amended Chapter Numbers:

 

15-15-1

111 and 112

 

 

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 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, adult plaintiffs who are or have been in a substantive dating

or engagement relationship within the past one year and who are (either individually or together)

parents of minor children, 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 attempting, 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 that shall be adjudged by the court's consideration 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.

 

 

 

 

255)

Section

Amended Chapter Numbers:

 

17-25-7.2

406 and 407

 

 

17-25-7.2. Personal use of campaign funds prohibited.

     (a) The personal use by any elected public office holder or by any candidate for public

office, as defined in § 17-25-3, of campaign funds contributed after April 29, 1992, is prohibited.

For the purposes of this section, "personal use" is defined as any use other than expenditures related

to gaining or holding public office and for which the candidate for public office or elected public

official would be required to treat the amount of the expenditure as gross income under § 61 of the

Internal Revenue Code of 1986, 26 U.S.C. § 61, or any subsequent corresponding Internal Revenue

Code of the United States, as from time to time amended.

     (b) Expenditures that are specifically prohibited under this chapter include:

     (1) Any residential or household items, supplies, or expenditures, including mortgage, rent,

or utility payments for any part of any personal residence of a candidate or officeholder or a member

of the candidate's or officeholder's family;

     (2) Mortgage, rent, or utility payments for any part of any non-residential nonresidential

property that is owned by a candidate or officeholder or a member of a candidate's or officeholder's

family and used for campaign purposes, to the extent the payments exceed the fair-market value of

the property usage;

     (3) Funeral, cremation, or burial expenses, including any expenses related to deaths within

a candidate's or officeholder's family;

     (4) Clothing, other than items of de minimis value that are used in the campaign;

     (5) Tuition payments;

     (6) Dues, fees, or gratuities at a country club, health club, recreational facility or other

nonpolitical organization, unless they are part of a specific fundraising event that takes place on the

organization's premises;

     (7) Salary payments to a member of a candidate's family, unless the family member is

providing bona fide services to the campaign. If a family member provides bona fide services to a

campaign, any salary payments in excess of the fair-market value of the services provided is

personal use;

     (8) Admission to a sporting event, concert, theater, or other form of entertainment, unless

part of a specific campaign or officeholder activity;

     (9) Payment of any fines, fees, or penalties assessed pursuant to this chapter.

     (c) Any expense that results from campaign or officeholder activity is permitted use of

campaign funds. Such expenditures may include:

     (1) The defrayal of ordinary and necessary expenses of a candidate or officeholder;

     (2) Office expenses and equipment, provided the expenditures and the use of the equipment

can be directly attributable to the campaign or the officeholder's duties and responsibilities;

     (3) Donations to charitable organizations, provided the candidate or officeholder does not

personally benefit from the donation or receive compensation from the recipient organization;

     (4) Travel expenses for an officeholder, provided that the travel is undertaken as an

ordinary and necessary expense of seeking, holding, or maintaining public office, or seeking,

holding, or maintaining a position within the legislature or other publicly elected body. If a

candidate or officeholder uses campaign funds to pay expenses associated with travel that involves

both personal activities and campaign or officeholder activities, the incremental expenses that result

from the personal activities are personal use, unless the person(s) benefiting from this use

reimburse(s) the campaign account within thirty (30) days for the amount of the incremental

expenses;

     (5) Gifts of nominal value and donations of a nominal amount made on a special occasion

such as a holiday, graduation, marriage, retirement, or death, unless made to a member of the

candidate's or officeholder's family;

     (6) Meal expenses that are incurred as part of a campaign activity or as a part of a function

that is related to the candidate's or officeholder's responsibilities, including meals between and

among candidates and/or officeholders that are incurred as an ordinary and necessary expense of

seeking, holding, or maintaining public office, or seeking, holding, or maintaining a position within

the legislature or other publicly elected body;

     (7) Food and beverages that are purchased as part of a campaign or officeholder activity;

     (8) Communication access expenses that are incurred as part of a campaign activity and

operation to ensure that deaf and hard-of-hearing citizens are fully participating, are volunteers,

and/or are otherwise maintaining a position with the campaign committee. Examples of

communication access expenses include, but are not limited to, the following: captioning on

television advertisements; video clips; sign language interpreters; computer-aided real-time

(CART) services; and assistive listening devices.;

     (9) Child care Childcare expenses that are incurred as a result of campaign activity or the

officeholder's responsibilities.

     (d) Any campaign funds not used to pay for the expenses of gaining or holding public office

may:

     (1) Be maintained in a campaign account(s);

     (2) Be donated to a candidate for public office, to a political organization, or to a political

action committee, subject to the limitation on contributions in § 17-25-10.1;

     (3) Be transferred, in whole or in part, into a newly established political action committee

or ballot question advocate;

     (4) Be donated to a tax-exempt charitable organization as that term is used in § 501(c)(3)

of the Internal Revenue Code of 1986, 26 U.S.C. § 501, or any subsequent, corresponding internal

revenue code of the United States as from time to time amended;

     (5) Be donated to the state of Rhode Island; or

     (6) Be returned to the donor; provided, however:

     (e) Any funds remaining in a campaign account(s) of a candidate or officeholder, or former

candidate or former officeholder, who dies, after repayment of loans and accounts payable, shall

be disposed, in accordance with the instructions in writing, on a form prescribed by the board of

elections, which funds may:

     (1) Be donated to a candidate for public office, to a political organization, or to a political

action committee, subject to the limitation on contributions in § 17-25-10.1;

     (2) Be transferred, in whole or in part, into a newly established political action committee

or ballot question advocate;

     (3) Be donated to a tax-exempt charitable organization as that term is used in § 501(c)(3)

of the Internal Revenue Code of 1986, 26 U.S.C. § 501, or any subsequent, corresponding internal

revenue code of the United States as from time to time amended; or

     (4) Be returned to the donor.

     (5) The candidate's or officeholder's, or former candidate's or former officeholder's,

campaign account(s) shall be dissolved by the board of elections;

     (6) Any penalties assessed to the candidate or officeholder, or former candidate or former

officeholder, that are outstanding at the time of their death shall be waived by the board of elections.

 

 

 

 

256)

Section

Amended Chapter Numbers:

 

17-25-13

383 and 384

 

 

17-25-13. Penalties.

     (a) Any person who willfully and knowingly violates the provisions of this chapter shall,

upon conviction, be guilty of a misdemeanor and shall be fined not more than one thousand dollars

($1,000) per violation.

     (b) The state board may fine any person or entity who violates the provisions of this chapter

in an amount not more than one hundred dollars ($100) per violation.

     (c) Fines, fees, and penalties imposed by the state board for violations of this chapter shall

be paid for by the candidate, officeholder, or entity against whose campaign the fines, fees, or

penalties have been levied. Fines, fees, and penalties levied by the state board pursuant to this

chapter shall not be paid for from contributions or funds available in a campaign account.

     (d) An elected official or candidate for office convicted of violating §§ 11-41-1, § 11-41-

2, § 11-41-3 or § 11-41-4 where the theft is from a campaign account created, pursuant to this title

17, for the benefit of the person so convicted, all restitution shall be deposited into the Rhode Island

crime victim compensation program fund and not into the campaign account of that person

convicted of the offense.

 

 

 

 

257)

Section

Added Chapter Numbers:

 

16-2-36

280 and 281

 

 

16-2-36. Orientation.

     All public schools shall, prior to September 1 of each year, make every effort to provide

written notice to parents, guardians, or caretakers of students inviting those parents, guardians, or

caretakers to attend orientation at the school within thirty (30) days from the start of the school

year.

 

 

 

 

 

 

258)

Section

Added Chapter Numbers:

 

16-11-10

296 and 297

 

 

16-11-10. Streamlining English language learner certification.

     (a) The department of education shall provide rules and regulations to streamline the

English as a second language (ESL) and/or English language learner (ELL) teaching certification,

including, but not limited to,: providing reciprocity to persons who hold a Massachusetts teaching

certificate with similar certification in ELL and/or the Massachusetts counterpart, sheltered English

immersion endorsements (SEI),; provide providing cohorts where current Rhode Island certified

teachers can obtain ESL and/or ELL endorsements,; provide providing classes for current Rhode

Island certified teachers at the individual school level within each school district, as well as

accepting classes for Rhode Island ESL and/or ELL certification that are accepted for

Massachusetts SEI endorsement.

     (b) The intention of this section is to increase the number and percentage of teachers in the

state that who are certified as English as a second language (ESL) and/or English language learner

(ELL) teachers.

 

 

 

259)

Section

Amended Chapter Numbers:

 

16-21-1

292 and 293

 

 

16-21-1. Transportation of public and private school pupils.

     (a) The school committee of any town or city shall provide suitable transportation, that may

include, but is not limited to, pupil transportation vehicles as defined in § 31-22.1-1, to and from

school for pupils attending public and private schools of elementary and high school grades, except

private schools that are operated for profit, who reside so far from the public or private school that

the pupil attends as to make the pupil's regular attendance at school impractical and for any pupil

whose regular attendance would otherwise be impracticable on account of physical disability or

infirmity.

     (1) The school committee of any town or city using a pupil transportation vehicle as defined

in § 31-22.1-1 shall comply with the requirements of subsection (b) of this section, notwithstanding

the provisions of § 31-22.1-3(6).

     (b) For transportation provided to children enrolled in grades kindergarten through five (5),

school bus monitors, other than the school bus driver, shall be required on all school-bound and

home-bound routes. Variances to the requirement for a school bus monitor may be granted by the

commissioner of elementary and secondary education if he or she finds that an alternative plan

provides substantially equivalent safety for children. For the purposes of this section a "school bus

monitor" means any person sixteen (16) years of age or older.

     (c) No school committee shall negotiate, extend, or renew any transportation contract

unless such contract enables the district to participate in the statewide transportation system,

without penalty to the district, upon implementation of the statewide transportation system

described in §§ 16-21.1-7 [repealed] and 16-21.1-8. Notice of the implementation of the statewide

transportation system for in-district transportation shall be provided in writing by the department

of elementary and secondary education to the superintendent of each district upon implementation.

Upon implementation of the statewide system of transportation for all students, each school

committee shall purchase transportation services for its own resident students by accessing the

statewide system on a fee-for-service basis for each student; provided, however, that any school

committee that fulfills its transportation obligations primarily through the use of district-owned

buses or district employees may continue to do so. Variances to the requirement for the purchase

of transportation services through the statewide transportation system for non-public and non-

shared routes may be granted by the commissioner of elementary and secondary education if the

commissioner finds that an alternative system is more cost effective. All fees paid for transportation

services provided to students under the statewide system shall be paid into a statewide student

transportation services restricted receipt account within the department of elementary and

secondary education. Payments from the account shall be limited to payments to the transportation

service provider and transportation system consultants. This restricted receipt account shall not be

subject to the indirect cost recoveries provisions set forth in § 35-4-27.

     (d) No school committee shall negotiate, extend, or renew any school transportation service

contract unless the contract provides for payments to school bus drivers, attendants, monitors, and

aids aides for one hundred and eighty (180) days or the length of the contracted-for school year,

whichever is longer.

     (e) With respect to any contract entered into under this section, a school committee or local

education agency shall give a preference in contract and/or subcontract awards to the public

transportation provider that uses electric buses to the greatest extent. This preference shall be given

equal weight to any other preferences available to vendors.

     (f) With respect to any contract entered into under this section, no school committee or

local education agency ("LEA") shall take any adverse disciplinary action against any school bus

driver, attendant, monitor, or aid aide covered by a collective bargaining agreement prior to any

investigation or action taken by the contracting entity as provided for in the collective bargaining

agreement. Nor shall the school committee or LEA impose discipline in excess of what is provided

for in the governing collective bargaining agreement.

 

 

 

260)

Section

Amended Chapter Numbers:

 

16-21-7

351 and 352

 

 

16-21-7. School health.

     (a) All schools that are approved for the purpose of §§ 16-19-1 and 16-19-2 shall have a

school health program that shall be approved by the state director of the department of health and

the commissioner of elementary and secondary education or the commissioner of higher education,

as appropriate. The program shall provide for the organized direction and supervision of a healthful

school environment, health education, and services. The program shall include and provide, within

and consistent with existing school facilities, for the administration of nursing care by certified

nurse teachers, as defined in § 16-21-8, as shall be requested, in writing, by the attending physician

of any student and authorized, in writing, by the parent or legal guardian of the student. No

instruction in the characteristics, symptoms, and the treatment of disease shall be given to any child

whose parent or guardian shall present a written statement signed by them stating that the

instructions should not be given the child because of religious beliefs.

     (b) [Deleted by P.L. 2016, ch. 529, § 1].

     (c) All Rhode Island elementary, middle, and high schools that sell or distribute

competitive foods and beverages on the school campus during the school day shall be required to

offer only healthy foods and beverages as set forth by the United States Department of Agriculture

under the Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296, 42 U.S.C. § 1758 et seq.,

and federal regulations implementing the act promulgated pursuant to the provisions of 42 U.S.C.

§ 1779(b). Provided, the Rhode Island board of education or local school committees may adopt

more restrictive policies than the ones referenced herein.

     (d) Schools may permit the sale of beverages and snacks that do not comply with subsection

(c) as part of school fundraising in any of the following circumstances:

     (1) The sale of those items takes place off and away from the school campus.

     (2) The sale of those items takes place after the end of the school day as defined in

subsection (g).

     (3) Career and technical schools with culinary arts or food-service programs may request

an exemption from the department of elementary and secondary education to enable the limited

sale of non-compliant noncompliant snacks and beverages that have been prepared by culinary

students as part of their curriculum. No specially exempted fundraiser foods or beverages may be

sold in competition with school meals during the meal service.

     (e) The department of elementary and secondary education shall post on its website

resources to assist school districts with implementation of this section.

     (f) The department of elementary and secondary education shall develop a process to

monitor compliance with this section.

     (g) Definitions. As used in this section:

     (1) "Competitive foods" means all foods and beverages, other than meals reimbursed under

the Richard B. Russell National School Lunch Act (42 U.S.C. § 1751 et seq.) and the Child

Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), available for sale to students on the school campus

during the school day.

     (2) "School campus" means all areas of the property under the jurisdiction of the school

that are accessible to students during the school day.

     (3) "School day" means the period from midnight before, to sixty (60) minutes after, the

end of the official school day.

     (h) The standards set forth and referenced in this section shall apply throughout the entire

school campus, including, but not limited to, a la carte food sale, school stores, vending machines,

and fundraisers held during the school day.

 

 

 

261)

Section

Amended Chapter Numbers:

 

16-21-8

(218 and 219) and (351 and 352)

 

 

16-21-8. Certified nurse-teacher.

     (a) Each Except as provided in subsection (b) of this section, each school system shall

employ certified nurse-teacher personnel certified by the state department of elementary and

secondary education; provided, however, that this section shall not apply to those school districts

which that are currently allowed to share certified nurse-teacher personnel by the department of

elementary and secondary education. The school health program as defined in § 16-21-7 shall only

be staffed by certified nurse-teacher personnel.

     (b) Any person who, as of August 1, 2021, is employed in a Rhode Island school district

pursuant to an all grades registered school nurse certificate, but who does not meet the requirements

of subsection (a) of this section, shall be deemed grandfathered into that school district and may

continue to be employed pursuant to that all grades registered school nurse certificate within that

same school district. If a person so employed seeks employment in another Rhode Island school

district as a school nurse-teacher after August 1, 2021, that person shall be subject to the provisions

of subsection (a) of this section.

 

 

 

 

 

(351 and 352)

 

 

     (a) Each school system shall employ certified nurse-teacher personnel certified by the state

department of elementary and secondary education; provided, however, that this section shall not

apply to those school districts which are currently allowed to share certified nurse-teacher personnel

by the department of elementary and secondary education. The school health program as defined

in § 16-21-7 shall only be staffed by certified personnel.

     (b) (c) Each elementary or secondary school with a school-based health center on site shall

employ or have on staff certified nurse-teacher personnel certified by the state department of

elementary and secondary education to be on site and/or available for consultation, at a minimum,

during the school-based health center hours of operation.

 

 

 

262)

Section

Amended Chapter Numbers:

 

16-21-30

319 and 320

 

 

16-21-30. Dating violence policy.

     (a) As used in this section:

     (1) (3) "Dating violence" means a pattern of behavior where one person uses threats of, or

actually uses, physical, sexual, verbal or emotional abuse to abusive or coercive behaviors used to

exert power and control his or her over a current or former dating partner. Behaviors may occur

online, in person, or through the use of technology. Abuse may be physical, verbal, emotional,

sexual, financial, or psychological and includes threats, isolation, and intimidation.

     (2) "Dating partner" means any person, regardless of gender, involved in an intimate

relationship with another primarily characterized by the expectation of affectionate involvement

whether casual, serious, or long-term.

     (3) (1) "At school" means in a classroom, on or immediately adjacent to school premises,

on a school bus or other school-related vehicle, at an official school bus stop, or at any school-

sponsored activity or event whether or not it is on school grounds.

     (b) The department of education shall develop a model dating violence policy to assist

school districts in developing policies for dating violence reporting and response. The model policy

shall be issued on or before April 1, 2008.

     (c) Each school district shall establish a specific policy to address incidents of dating

violence involving students at school by December 1, 2008. Each school district shall verify

compliance with the department of education on an annual basis through the annual school health

report.

     (1) Such The policy shall include, but not be limited to,: a statement that dating violence

will not be tolerated,; dating violence reporting procedures,; guidelines to responding to at school

incidents of dating violence; and discipline procedures specific to such the incidents.

     (2) To ensure notice of the school district's dating violence policy, the policy shall be

published in any school district policy and handbook that sets forth the comprehensive rules,

procedures, and standards of conduct for students at school.

     (d) Each school district shall provide dating violence training to all administrators,

teachers, nurses, and mental health staff at the middle and high school levels. Upon the

recommendation of the administrator, other staff may be included or may attend the training on a

volunteer basis. The dating violence training shall include, but not be limited to,: basic principles

of dating violence,; warnings signs of dating violence; and the school district's dating violence

policy, to ensure that they are able to appropriately respond to incidents of dating violence at school.

Thereafter, this training shall be provided yearly to all newly hired staff deemed appropriate to

receive the training by the school's administration.

     (e) Each school district shall inform the students' parents or legal guardians of the school

district's dating violence policy. If requested, the school district shall provide the parents or legal

guardians with the school district's dating violence policy and relevant information. It is strongly

recommended that the school district provide parent awareness training.

     (f) Each school district shall collect data regarding instances of student misconduct that are

considered dating violence. As part of the usual course of discipline data submission to the

department of education, each school district shall specify when a particular infraction is also

considered dating violence.

     (f)(g) This section does not prevent a victim from seeking redress under any other available

law, either civil or criminal. This section does not create or alter any tort liability.

 

 

 

263)

Section

Added Chapter Numbers:

 

16-21-37

115 and 116

 

 

16-21-37. Water bottle filling stations in new and renovated schools.

     (a) The state of Rhode Island finds and declares that:

     (1) Water plays an important role in maintaining a child’s overall health;

     (2) Drinking water can positively impact children’s cognitive performance;

     (3) Drinking water can improve children’s fine motor skills and visual attention, which

helps with learning activities, such as reading;

     (4) Drinking water can help people maintain a healthier weight.

     (b) The purpose of this policy is to ensure that all newly constructed schools and those

schools undergoing major building renovations incorporate adequate water bottle filling stations to

increase access to free, easily accessible, safe, and good-tasting drinking water on school property.

     (1) (c) Major renovations shall mean renovations with a total estimated cost of five hundred

thousand dollars ($500,000) or more, or involves involving the substantial repair, replacement, or

upgrading of the plumbing system or plumbing fixtures.

     (c) (d) All newly constructed public school buildings and public school buildings

undergoing major renovations, such as additions, within the state of Rhode Island shall be equipped

with water bottle filling stations consistent with the requirements of this policy.

     (d) (e) The school committees of each city or town and/or the governing authority

overseeing school policies or construction, shall not approve the plans or specifications for a new

public school building, any addition, or major renovations of an existing public school building

unless the plans and specifications provide for the following:

     (1) A minimum of one water bottle filling station per one hundred (100) people projected

to occupy the building upon completion of the proposed construction;

     (2) A minimum of one water bottle filling station on each floor and on each wing of each

school building;

     (3) A minimum of one water bottle filling station located in or near gymnasiums, cafeterias,

and other high-traffic areas;

     (4) Water bottle filling stations may be integrated into drinking fountains; and

     (5) Schools are encouraged to install touchless water bottle filling stations for sanitary

reasons.

     (e) (f) A water bottle filling station installed in a public school building must:

     (1) Dispense clean, cooled, filtered drinking water;

     (2) Be regularly cleaned to maintain sanitary conditions; and

     (3) Be maintained on a regular basis to ensure they function it functions properly.;

     (f) (g) Students, teachers, and staff shall be allowed to bring and carry approved water

bottles under the following conditions:

     (1) Wager Water bottles shall be made of material that is not easily breakable;

     (2) Water bottles shall have a lid to prevent spills;

     (3) Water bottles shall be used exclusively for water and no other beverage;

     (4) Water bottles shall be allowed in classrooms, but may be excluded from libraries,

computer labs, science labs, and other places where it is deemed dangerous to have drinking water;

     (5) Misuse of water bottles may be subject to disciplinary action.

 

 

 

 

264)

Section

Added Chapter Numbers:

 

16-21-38

154 and 155

 

 

16-21-38. Availability of feminine hygiene products.

     (a) By the beginning of the 2022-2023 school year, all public schools maintaining any

combination of classes from grade five (5) through grade twelve (12), inclusive, shall make

feminine hygiene products available in the school as follows:

     (1) Feminine products shall be available in all gender-neutral bathrooms and any bathroom

designated for females;

     (2) Feminine products shall be available at no cost to students.

     (b) For the purposes of this section, "feminine hygiene products" includes tampons and

sanitary napkins.

 

 

 

 

265)

Section

Added Chapter Numbers:

 

16-21-39

311 and 312

 

 

16-21-39. Sun safety.

     (a) Any person including, but not limited to, students, parents, or school personnel may

possess and use a topical sunscreen product, without a physician's note or prescription, while on

school property or at a school-related event, or activity, to avoid overexposure to the sun, if the

product is regulated by the Federal Food and Drug Administration for over-the-counter use.

Notwithstanding the foregoing, children enrolled in grades kindergarten through five (K-5) may

only possess sunscreen on school property or at a school-related event or activity with a note from

a parent or guardian.

     (b) For the purposes of this section only, sunscreen is not to be considered an over-the-

counter medication.

     (c) Nothing in this section requires school personnel to assist pupils in applying sunscreen.

Nothing in this section shall make the school district or its personnel liable for any damages.

     (d) The school district may encourage schools to educate pupils on sun safety precautions.

 

 

 

 

 

 

266)

Section

Amended Chapter Numbers

Chapter Numbers:

 

16-21.1-8

292 and 293

 

 

 

16-21.1-8. Statewide transportation system for all students.

     (a) Notwithstanding the regional structure created in this chapter, and upon implementation

of a statewide school transportation system for all students, each school committee shall purchase

the transportation services for their own resident students by accessing this integrated statewide

system of transportation on a fee-for-service basis for each child; provided, however, that any

school committee that fulfills its transportation obligations predominantly through the use of

district-owned buses or district employees may apply for a variance from the commissioner of

education, or the commissioner's designee, thereby requesting that its transportation obligations

continue to be achieved through the use of the buses owned by the district and staffed by district

employees. All fees paid for transportation services provided to students under the statewide system

shall be paid into a statewide student transportation services restricted receipt account within the

department of elementary and secondary education. Payments from the account shall be limited to

payments to the transportation service provider and transportation system consultants. This

restricted receipt account shall not be subject to the indirect cost recoveries provisions set forth in

§ 35-4-27. The goals of the statewide system of transportation for all students shall be the reduction

of duplication of cost and routes in transporting children from the various cities and towns using

different buses within and between each city and town, the improvement of services to children

through the development of shorter ride times and more efficient routes of travel, and the reduction

of cost to local school committees through achieving efficiency in eliminating the need for each

school district to contract for and provide these transportation services separately.

     (b) There shall be deducted from the final aid payment to each school district any amounts

owed to the state at the end of the fiscal year for transportation of the district's students under the

statewide transportation system established pursuant to this section. Districts shall receive monthly

invoices summarizing the basis of the transportation fees charged. Any such deductions in aid shall

be transferred to the statewide student transportation services restricted receipt account, as set forth

in R.I.G.L. § § 35-4-27.

     (c) No school committee shall negotiate, extend, or renew any public transportation service

contract unless the contract provides for payments to school bus drivers, attendants, monitors, and

aids aides for one hundred and eighty (180) days or the length of the contracted-for school year,

whichever is longer.

     (d) With respect to any contract entered into under this section, a school committee or local

education agency shall give a preference in contract and/or subcontract awards to the public

transportation provider that uses electric buses to the greatest extent. This preference shall be given

equal weight to any other preferences available to vendors.

     (e) With respect to any contract entered into under this section, no school committee or

local education agency ("LEA") shall take any adverse disciplinary action against any school bus

driver, attendant, monitor, or aid aide covered by a collective bargaining agreement prior to any

investigation or action taken by the contracting entity as provided for in the collective bargaining

agreement. Nor shall the school committee or LEA impose discipline in excess of what is provided

for in the governing collective bargaining agreement.

 

 

 

 

 

 

267)

Section

Added Chapter Numbers:

 

16-21.7

131 and 132

 

 

CHAPTER 16-21.7

THE NATHAN BRUNO AND JASON FLATT ACT

 

 

 

 

268)

Section

Added Chapter Numbers:

 

16-21.7-1

131 and 132

 

 

16-21.7-1. Short title.

     This act shall be known and may be cited as "The Nathan Bruno and Jason Flatt Act."

 

 

 

 

269)

Section

Added Chapter Numbers:

 

16-21.7-2

131 and 132

 

 

16-21.7-2. Training.

     (a) The department of education shall adopt rules and regulations supporting suicide

awareness and prevention training each year for public school personnel and students.

     (b)(1) Training shall be required of all personnel hired or contracted by the school district,

including, but not limited to,: teachers, administration, custodians, lunch personnel, substitutes,

nurses, coaches and coaching staff, even if volunteers. The training shall occur every year.

     (2) Training shall be required of all students starting in grade six (6) and through grade

twelve (12) each academic year.

     (c) Training may be provided within the framework of existing in-service training

programs offered by the department of education or as part of professional development activities.

     (d)(1) The department of education shall, in consultation with the department of health,

department of behavioral healthcare, developmental disabilities and hospitals, education and health

care healthcare stakeholders, mental health care healthcare stakeholders, and suicide prevention

experts, develop a list of approved training materials to fulfill the requirements of this chapter.

     (2) This list shall be fully evaluated and updated at least every three (3) years.

     (3) Approved training materials and instruction shall include training on how to identify

appropriate mental health services both within the school and the larger community, and when and

how to refer youth and their families to those services. These materials and instruction are to be

given by qualified suicide prevention instructors as determined by the listed entities and groups

listed in subsection (d)(1) of this section.

 

 

 

 

 

 

 

 

270)

Section

Added Chapter Numbers:

 

16-21.7-3

131 and 132

 

 

16-21.7-3. Student suicide prevention policy.

     (a) Each public school district shall adopt a policy on student suicide prevention. This

policy shall, at a minimum, address procedures relating to suicide prevention, intervention, and

postvention. For the purposes of this chapter, "postvention" means counseling, or other social care

given to students after another student's suicide or attempted suicide. Postvention also means

counseling to students that have made a suicide attempt or have reported ideation,; this counseling

shall consist of regular check-ins. For the purposes of this chapter, “regular” means a frequency as

determined by a licensed mental health professional.

     (b) To assist school districts in developing policies for student suicide prevention, the

department of education shall develop and maintain a model policy, or adopt an existing policy as

a model policy, to serve as a guide for school districts in accordance with this chapter to include,

but not limited to,: parental notification procedures, clarification of engagement with student

support personnel, and language defining an in-school issue compared to an out-of-school issue.

 

 

 

271)

Section

Added Chapter Numbers:

 

16-21.7-4

131 and 132

 

 

16-21.7-4. Protection from litigation.

     (a) No person shall have a cause of action for any loss or damage caused by any act or

omission resulting from the implementation of the provisions of this chapter or resulting from any

training required by this chapter, or lack thereof, unless caused by willful or wanton misconduct.

     (b) The training required by the provisions of this chapter, or lack thereof, shall not be

construed to impose any specific duty of care except as expressly provided for herein.

 

 

 

272)

Section

Amended Chapter Numbers:

 

16-22-2

208 and 220

 

 

16-22-2. Civics education.

     (a) The general assembly recognizes the importance of a citizenry well educated in the

principles of democracy as enunciated in the constitutions of the state of Rhode Island and the

United States. The general assembly directs the board of regents for elementary and secondary

education to develop and adopt a set of grade level standards K-12 in civics education no later than

August 31, 2007. These standards shall include, but not be limited to, the history of the state of

Rhode Island, representative government, the rights and duties of actively engaged citizenship, and

the principals of democracy. These civic education standards shall be used in the public schools of

this state beginning in kindergarten and continuing through to and including grade 12. No private

school or private instruction shall be approved for the purposes of chapter 19 of this title unless the

course of study shall make provision for instruction substantially equivalent to that required by this

chapter for public schools.

     (b) All middle and high school students attending public schools, or any other schools

managed and controlled by the state, shall demonstrate proficiency, as defined by the local school

district, in civics education that shall also satisfy half credit or course requirement in history and

social studies.

     (c) Each public school district shall provide not less than one student-led civics project for

students during either middle or high school; provided, however, that each such project shall be

consistent with the history and social studies standards and frameworks promulgated by the Rhode

Island board of education. Civics projects may be individual, small group, or class wide, and

designed to promote a student's ability to:

     (1) Reason, make logical arguments, and support claims using valid evidence; and

     (2) Demonstrate an understanding of the connections between federal, state, and local

policies, including issues that may impact the student's community.

     (d) The department of education shall begin implementing subsections (b) and (c) of this

section for the 2022-2023 academic year.

 

 

 

273)

Section

Added Chapter Numbers:

 

16-22-9.1

298 and 299

 

 

16-22-9.1. Foster care youth academic reports.

     (a) Every superintendent of schools employed in accordance with the provisions of chapter

2 of this title 16 shall on or before September 15, 2022, and annually thereafter on or before

September 15, complete a report on the progress and status of educational achievement and

development of all foster care youth attending every public school under the superintendent's care

and supervision. The report shall include, but not be limited to:

     (1) The total number of foster care youth identified by school and grade of instruction;

     (2) The number of foster care youth receiving supplementary literacy instruction pursuant

to the provisions of § 16-67-2;

     (3) The foster care youth uniform testing scores for testing pursuant to the provisions of §

16-22-9, and the percentage of foster care youth that who meet or exceed the mean average score

for uniform testing;

     (4) The percentage of foster care youth meeting academic standards;

     (5) The number and percentage of foster care youth receiving alternative or special

education services;

     (6) The number of foster care youth suspended or expelled from school during the

academic year;

     (7) The number of foster care youth identified as involved in chronic absenteeism, truancy,

or as drop-outs; and

     (8) The number of foster care youth assigned to advanced placement.

     (b) If the superintendent determines based on the information provided in the report

prepared pursuant to subsection (a) of this section that foster care youth are disproportionately

failing to meet academic standards or are disproportionately subject to school discipline compared

to the overall student population, then the superintendent shall develop a remediation plan and

include the remediation plan as part of the report promulgated pursuant to subsection (a) of this

section.

     (c) Every superintendent shall provide a copy of the reports promulgated pursuant to

subsection (a) of this section to the commissioner of elementary and secondary education and the

applicable school committee.

 

 

 

 

274)

Section

Amended Chapter Numbers:

 

16-22-13

31 and 35

 

 

16-22-13. Consumer education.

     (a) The council on elementary and secondary education (the “council”), in consultation

with the Rhode Island department of education (the “department”), shall develop and approve

statewide academic standards for the instruction of consumer education in public high schools by

no later than December 31, 2021, and again as required by the procedures set forth in subsections

(e) and (f) of this section.

     (b) By the start of the 2022-2023 school year, the The school committees of the several

cities, towns, and school districts local education agencies (“LEAs”) shall provide for pupils in the

ensure that public high schools in grades eight (8) through twelve (12) to be taught and be required

to study courses which offer a course that include includes instruction in consumer education,

which that is aligned with the statewide standards.

     (c) The standards shall may include, but not necessarily be limited to, installment

purchasing, budgeting, comparison of prices, credit and the law, employment and income, rights

and responsibilities in the marketplace, money management, maintaining credit, saving, investing,

protecting and insuring assets, and other personal finance or consumer economic topics of study

approved by the department of elementary and secondary education.

     (d) The standards shall:

     (1) Clearly set forth the skills, competencies, and knowledge expected to be demonstrated

by all students at the conclusion of individual grades or grade spans;

     (2) Reflect sensitivity to different learning styles; and

     (3) Be in a form readily comprehensible by the public.

     (e) The council shall review the consumer education standards regularly, making changes

if appropriate, to ensure that the standards continue to outline the knowledge and skills students are

expected to demonstrate regarding the responsible and informed use of financial services. The

review cycle shall begin in 2026, with subsequent reviews taking place in 2031, 2036, and every

five (5) years thereafter.

     (f) Any recommended changes or updates to existing standards shall be approved by the

council at least sixty (60) days prior to the changes taking effect.

     (g) Beginning with the graduating class of 2024, all students shall demonstrate proficiency

in consumer education prior to graduating high school. LEAs shall have the discretion to allow

students the ability to demonstrate proficiency by one or more of the following:

     (1) Successful completion of a consumer education course of study aligned with the

standards developed and approved by the council;

     (2) Successful completion of a project aligned with the standards developed and approved

by the council, under the supervision of a certified educator;

     (3) Successful completion of a consumer education assessment that is aligned with the

standards developed and approved by the council and taken in a controlled testing environment; or

     (4) Another demonstration of proficiency approved by the council.

     (h) Schools shall be permitted to make exceptions and accommodations to the requirements

of this section for students with disabilities, as provided in chapter 24 of this title 16, in those cases

wherein the student cannot be reasonably expected to demonstrate proficiency to council standards.

     (i) The council, in consultation with the department, shall compile and publish the

following by April 1, 2022:

     (1) A list of micro-credentialing programs that train educators in the skills necessary to

deliver consumer education lessons in accordance with statewide standards; and

     (2) Resources and instructional materials including, but not limited to, lesson plans,

assessments, and activities that align with the consumer education standards adopted by the council.

     (j) The council shall review the list of micro-credentialing programs and resources and

instructional materials compiled in subsection (i) of this section regularly, making changes if

appropriate. The review cycle shall begin in 2026, with subsequent reviews taking place in 2031,

2036, and every five (5) years thereafter.

     (k) By August 1, 2024, and annually by August 1 thereafter, the department shall publish

a report on the consumer education instruction in Rhode Island schools. The report shall include,

but need not be limited to, the following:

     (1) The number of high school students at each grade level who have completed a high-

school level course of study in consumer education that is aligned with the standards developed

and approved by the council; and

     (2) A list of the middle schools and elementary schools that have incorporated consumer

education into their curricula.

 

 

 

 

275)

Section

Amended Chapter Numbers:

 

16-22-24

319 and 320

 

 

16-22-24. Dating violence education.

     (a) Each school district shall incorporate dating violence education that is age-appropriate

into the annual health curriculum framework for students in grades seven (7) through twelve (12).

     (1) Dating violence education shall include, but not be limited to,: defining dating

violence,; recognizing dating violence warning signs; and characteristics of healthy relationships.

Additionally, students shall be provided with the school district's dating violence policy as provided

in subsection § 16-21-30(c).

     (2) For the purposes of this section:

     (i) (iii) "Dating violence" means a pattern of behavior where one person uses threats of, or

actually uses, physical, sexual, verbal or emotional abuse to abusive or coercive behaviors used to

exert power and control his or her over a current or former dating partner. Behaviors may occur

online, in person, or through the use of technology. Abuse may be physical, verbal, emotional,

sexual, financial, or psychological and includes threats, isolation, and intimidation.

     (ii) "Dating partner" means any person involved in an intimate association with another

primarily characterized by the expectation of affectionate involvement whether casual, serious, or

long-term.

     (iii) (i) "At school" means in a classroom, on or immediately adjacent to such the school

premises, on a school bus or other school-related vehicle, at an official school bus stop, or at any

school sponsored activity or event whether or not it is on school grounds.

     (3) To assist school districts in developing a dating violence education program, the

department of education shall review and approve the grade-level topics relating to dating violence

and healthy relationships in the "health literacy for all students: the Rhode Island health education

framework.".

     (4) The provisions of this section shall be amended in the health education curriculum

sections of the Rhode Island rules and regulations for school health programs, R16-21-SCHO, and

the Rhode Island basic education program at their next revisions.

     (b) Upon written request to the school principal, a parent or legal guardian of a pupil less

than eighteen (18) years of age, within a reasonable period of time after the request is made, shall

be permitted to examine the dating violence education program instruction materials at the school

in which his or her child is enrolled.

 

 

 

 

276)

Section

Added Chapter Numbers:

 

16-22-35

272 and 273

 

 

16-22-35. Littering prevention and recycling awareness program.

     The department of elementary and secondary education shall, in collaboration with the

Rhode Island resource recovery corporation, prescribe a presentation on litter prevention, reducing

and reusing materials, and recycling awareness that shall be used to educate every public

elementary and middle school student within the state on a yearly basis.

 

 

 

 

277)

Section

Amended Chapter Numbers:

 

16-38-6

238 and 239

 

 

16-38-6. Restrictions on commercial activity and fundraising in public schools.

     (a) No public school official or public school employee shall, for any purpose, solicit or

exact from any pupil in any public school any contribution or gift of money or any article of value,

or any pledge to contribute any money or article of value. No public school teacher shall accept

payment for tutoring directly from the parents of a student under his or her instruction. If a teacher

is to be assigned and compensated as a tutor for a student under his or her instruction, the

assignment and compensation must be through the school department pursuant to policies and

procedures adopted by the school committee. Nothing in this section shall be interpreted to prohibit

a teacher from tutoring a student who is not concurrently under his or her instruction in the public

school and receiving compensation for the tutoring from the parents of the student.

     (b) No commercial goods or services shall be sold to students in the public schools or on

public school property, nor shall any commercial materials (flyers, literature, advertisements,

commercial materials, or solicitations) be sent home with students from the public school, except

as authorized pursuant to policies and procedures adopted by the local school committee, which

that shall, at a minimum, address the following:

     (1) The conduct and financial accountability of public school employees and public school

officials engaged in commercial activities for the benefit of public schools;

     (2) The use of schoolchildren to deliver commercial materials to parents.

     (c) Any approved fundraising activity shall be conducted on a voluntary basis and in

accordance with rules and regulations promulgated by the school committee, which that shall, at a

minimum, address the following:

     (1) The conduct and financial accountability of public school employees and public school

officials engaged in fundraising activities for the benefit of public schools;

     (2) The specific circumstances, if any, for door to door solicitations and door to door sales

by public school students for fundraising;

     (3) The use of schoolchildren to deliver fundraising materials to parents.

     (d) When creating a school budget pursuant to § 16-2-9(a)(9), school committees may

budget funds for field trips, provided that:

     (1) The field trips meet Rhode Island’s basic education program regulations; and

     (2) All students have the same ability to attend the field trips.

     (e) To supplement budgeted funds, fundraising for field trips is permissible, provided that:

     (1) The fundraising activity complies with subsection (c) of this section;

     (2) Students are not required to meet individual fundraising targets as a condition of

attendance on the trip; and

     (3) Parents or guardians be allowed to donate toward the cost of the trip.

     (d)(f) The commissioner of elementary and secondary education shall provide technical

assistance to assist the school committees of the several towns and cities in the formulation of the

local policies and procedures mandated by this section.

 

 

 

278)

Section

Added Chapter Numbers:

 

16-38-14

61 and 67

 

 

16-38-14. Use of school district listservs.

     (a) Each school district shall adopt a policy governing the use of any listserv to distribute

information to the parents or guardians of the students enrolled in the school district.

     (b) It shall be unlawful for any person or institution, educational or otherwise, to knowingly

circulate, or permit to be circulated, on any such listserv information:

     (1) Related to any activity directed at the success or failure of a political party or candidate

for federal, state, or municipal office; or

     (2) Promoting the solicitation or receipt of political contributions, including invitations to

fundraising events, for any such political party or candidate; provided, however, this section shall

not prohibit the distribution of information about a candidate public forum that is open on an equal

basis to all candidates for that office.

     (c) Any person or institution that is found guilty of a violation of this section shall be

punished by a civil fine not exceeding fifty dollars ($50.00).

     (d) For purposes of this section, "listserv" means a computer software application that

allows a sender to send one email to a list, and then transparently send it on to the addresses of all

subscribers to the list.

 

 

 

 

279)

Section

Amended Chapter Numbers:

 

16-45-6.1

278 and 279

 

 

16-45-6.1. Career and technical education.

     (a) The general assembly finds that career and technical education ("CTE") programs that

meet rigorous the CTE board of trustees' industry developed standards and prepare Rhode Island's

students to succeed in a wide variety of employment settings are a critical component of the state's

public education system and a necessary element of the state's economic development. CTE

programs that meet the CTE board of trustees' standards are located in the regional career and

technical education centers and comprehensive high schools and are helping students graduate high

school with the skills to secure a job with a family-sustaining wage.

     (b) The general assembly further finds that the proportion of students now enrolled in such

programs is inadequate. Therefore, all Rhode Island school districts shall file a plan with the

Commissioner of Elementary and Secondary Education no later than January 1, 2006 setting forth

the means through which no fewer than forty (40) percent of their students enrolled in grades nine

(9) through twelve (12) shall be provided the opportunity to enroll in career and technical

programming that is certified by the Rhode Island Department of Education as meeting industry

standards by September 2007. to meet the needs of Rhode Island's growing economy. Rhode

Island's employers are best positioned to assist in establishing a high-quality system of secondary

and postsecondary career and technical education. To assist in the development of a high-quality

system of CTE, the CTE board of trustees shall review and annually provide recommendations to

the board of education regarding issues impacting secondary and postsecondary career and

technical education, including, but not limited to, program quality, industry alignment, the effective

use of state and federal CTE funding, the allocation of CTE funding, and expenditures of CTE

funding, program outcomes, work-based learning, transportation, and graduation requirements. The

report and recommendations shall be provided to the board of education no later than October 15

of each year.

     (c) To facilitate the development of additional career and technical program offerings for

Rhode Island students that meet industry standards the department of elementary and secondary

education shall, in furtherance of the reports and studies that have been developed since 2000

setting forth recommendations for an updated system of career and technical education for the State

of Rhode Island, develop a system design that includes site assessments of all current career and

technical programs and sets forth standards and procedures for the department of elementary and

secondary education to approve programs that are developed in cooperation with business, industry

and postsecondary institutions. The department shall also develop a system design for three

additional state operated career and technical schools, in addition to the William H. Davies School

and the Metropolitan Career and Technical Center, including recommendations for a model for the

siting, building costs, operational costs and program design for each such school. The general

assembly shall appropriate funds to the department for purposes of their completion of the system

design for the statewide program approval process to industry standards and the development of

the models, siting and program design of the three additional state operated career and technical

schools.

     (d)(1) To sustain and advance the economic development of our communities, all students

retain the right to enroll in a state approved career and technical education program approved by

the CTE board of trustees in communities outside their community of residence. This right does

not apply to locally developed CTE programs, locally approved CTE programs, pathway programs,

or other programs that are not approved by the CTE board of trustees. Students shall have a right

to request enrollment and to enroll in a CTE board of trustees' approved program outside of their

community of residence when a substantially similar or same ("substantially similar") CTE board

of trustees approved program is not offered within their community of residence.

     (2) In determining whether two programs are substantially similar, the CTE board of

trustees shall consider the following factors:

     (i) Program type;

     (ii) Information on the occupation that the student will be prepared for;

     (iii) The credentials the student will earn;

     (iv) The type of work-based learning that the student will be provided access to;

     (v) The ability to access advanced course experiences; and

     (vi) Such additional factors as the CTE board of trustees deem to be relevant, including

postsecondary attainment, industry partnerships and advisory boards, and program quality.

     (3) Effective January 15, 2022, and every year thereafter, the CTE board of trustees and

the department of elementary and secondary education shall publish a detailed list of substantially

similar CTE programs for the upcoming school year. The list will be used to support students and

their families in accessing CTE board of trustees approved career and technical education

programs. There will be a thirty-(30) day (30) period for schools and districts to appeal the

substantially similar designation to the board of education.

     (4) Students enrolled in, accepted to, or attending a state CTE board-approved program

(the "program of choice") prior to January 1, 2022, which program is outside of their home district

but which is considered to be substantially similar to a program in their home district, shall be

allowed to remain enrolled in that program of choice as set forth in subsection (j) of this section.

     (e) Students may request access to state CTE board-approved career preparation programs

outside their school district if their home district does not provide a substantially similar state-

approved CTE program. If a discrepancy exists as to whether two (2) state-approved programs are

substantially similar, the state CTE board shall use state CTE board program quality criteria set

forth in subsection (d) of this section to determine if the two (2) state CTE board-approved

programs are substantially similar programs. The decision of the CTE board shall be final.

     (f)(1) A student's request to enroll in an out of district state CTE board-approved career

and technical program shall not be denied, provided that:

     (i) A substantially similar program is not available in the student's home district;

     (ii) The student meets any other criteria required of all students for admission to the out of

district program and the center; and

     (iii) When there is more than one recognized CTE program in a transportation region, the

student is applying to the center which that is geographically the closest program to the student's

residence.

     (g)(1) Students requesting access to state CTE board-approved career preparation programs

outside their established school transportation region may enroll in such programs which that are

not substantially similar to a program in their home district. In such event, with respect to

transportation costs, the resident's local education agency shall only be responsible for paying the

resident district's average per pupil expenditure for student transportation for all students in the

district. The receiving district shall pay any remaining balance due for transportation costs

associated with the particular student.

     (2) The sending district shall pay the average of the per-pupil expenditure of the receiving

district and sending district when paying out-of-district tuitions for students in CTE programs.

     (3) When two or more substantially similar programs are available within a student's

transportation district, that student may enroll in the program that is not geographically closest only

if the receiving district agrees to pay all the transportation costs to and from the receiving district.

     (h) All eligible CTE programs shall align to CTE board of trustees' program standards.

Programs that do not meet this standard shall not be eligible to enroll out-of-district students and

receive state or federal CTE funding.

     (i) All state CTE board-approved programs shall align to industry standards or be

associated with a nationally recognized CTE board-approved program.

     (j) Students enrolled in, accepted to, or attending a state CTE board-approved program of

choice outside of the students' home district as of January 1, 2022, shall be exempt from the

substantially similar provisions of this section and may continue to matriculate in grades nine (9)

through twelve (12) in their program of choice so that students and parents who made educational

decisions prior to January 1, 2022, shall retain the rights that were in place when they made those

decisions. If a substantially similar state-approved program is established in a student's home

district after the student has enrolled in a program of choice, the student may continue to matriculate

in grades nine (9) through twelve (12) in the student's program of choice provided the student

remains enrolled in the program. The sending district may request, and shall be provided by the

district with the chosen CTE program, information on the students' progress in programs, including

attendance and grades. The provisions of this subsection shall also apply and extend to other

siblings in the family who apply to attend the same program of choice.

     (k) Career and technical funds allocated under § 16-7.2-6 shall be used solely for the

purpose of funding improvements to state CTE board-approved career and technical education

programs and facilities or for funding related to the establishment of new career and technical

programs in our state.

     (l) The limitations related to enrollment in CTE programs contained within this chapter

shall not apply to the Metropolitan Regional Career and Technical Center or the William M. Davies,

Jr. Career and Technical High School. All eligible students, from any and all Rhode Island cities

and towns, have the right to pursue enrollment and enroll in, subject to applicable enrollment

procedures, the Metropolitan Regional Career and Technical Center or the William M. Davies, Jr.

Career and Technical High School's programs.

 

 

 

280)

Section

Added Chapter Numbers:

 

16-59-9.3

346 and 365

 

 

16-59-9.3. Student Success Act.

     Notwithstanding any other provision of the general or public laws:

     (1) A student, other than a nonimmigrant alien within the meaning of 8 U.S.C. 1101 (a)(15),

who meets all of the following requirements, shall be exempt from paying nonresident tuition at

Rhode Island public universities, colleges, or community colleges if he or she:

     (i) Attended an approved Rhode Island high school for three (3) or more consecutive years;

     (ii) Continues to reside in the state of Rhode Island;

     (iii) Has graduated from an approved Rhode Island high school or received a high school

equivalency diploma from the state of Rhode Island;

     (iv) Has filed, or will file, upon matriculation, with the Rhode Island public university,

college, or community college of expected attendance, an affidavit stating that:

     (A) The student meets the requirements of subsections (1)(i) and (1)(ii) of this section; and

     (B) If the student is not a U.S. United States citizen and does not have a lawful immigration

status, that the student has filed an application for lawful immigration status, or will file such an

the application as soon as they are the student is eligible to do so. The affidavit shall not

require students to reveal their immigration or citizenship status.

     (2) Any nonimmigrant foreign national student, who has resided in Rhode Island for three

(3) years and has attended a Rhode Island high school for three (3) years, will be eligible to pay the

same in-state tuition as any other Rhode Island student.

     (3) Identifiable student information obtained pursuant to subsection (1) of this section shall

be confidential to the extent provided by state and federal law (including the Federal federal Family

Educational Rights and Privacy Act (FERPA)). If information obtained pursuant to this section

regarding a student's immigration status is provided to any agency for purposes other than the

implementation of this section, the entity providing the information shall promptly notify the

student.

     (4) The Rhode Island council for postsecondary education shall prescribe rules and

regulations as may be necessary for the implementation of this section.

 

 

 

281)

Section

Added Chapter Numbers:

 

16-93.1

274 and 275

 

 

CHAPTER 93.1

THE RHODE ISLAND HOLOCAUST AND GENOCIDE EDUCATION COMMISSION

[SEE TITLE 16 CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT]

 

 

 

282)

Section

Added Chapter Numbers:

 

16-93.1-1

274 and 275

 

 

16-93.1-1. Short title.

     This chapter shall be known and may be cited as the "The Rhode Island Holocaust and

Genocide Education Commission".

 

 

 

283)

Section

Added Chapter Numbers:

 

16-93.1-2

274 and 275

 

 

16-93.1-2. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (1) "Genocide" means any act committed with intent to destroy, in whole or in substantial

part, a national, ethnic, racial, or religious group such as:

     (i) Killing members of that group;

     (ii) Causing serious bodily injury to members of that group;

     (iii) Causing permanent impairment of the mental faculties of members of the group

through drugs, torture, or similar techniques;

     (iv) Subjecting the group to conditions of life that are intended to cause the physical

destruction of the group in whole or in part;

     (v) Imposing measures intended to prevent births within the group; or

     (vi) Forcibly transferring or attempting to transfer children of the group to another group,

as defined by the Genocide Convention Implementation Act of 1987 (18 USC U.S.C. 1091).

     (2) "Holocaust" means the systematic, bureaucratic, state-sponsored persecution and

murder of approximately six million (6,000,000) Jews and five million (5,000,000) other

individuals by the Nazi regime and its collaborators.

 

 

 

284)

Section

Added Chapter Numbers:

 

16-93.1-3

274 and 275

 

 

16-93.1-3. Holocaust and genocide education commission.

     (a) There is hereby created a permanent commission to be known as the Rhode Island

Holocaust and genocide education commission to consist of thirteen (13) members: one of whom

shall be the Rhode Island commissioner of elementary and secondary education, or designee; one

of whom shall be the president of the Rhode Island Superintendent's Association, or designee; one

of whom shall be a member of the Rhode Island Association of School Principals, or designee; one

of whom shall be the president of the Rhode Island chapter of the American Federation of Teachers,

or designee; one of whom shall be the president of the Rhode Island Chapter of the National

Education Association, or designee; one of whom shall be the president of the Rhode Island

Association of School Committees, or designee; and seven (7) of whom shall be appointed by the

governor to serve a term of three (3) years, at least three (3) of whom shall be involved in Holocaust

and genocide education or have a personal connection or experience with the Holocaust or

genocide; and at least three (3) of whom shall have expertise in investigating, analyzing, or

researching the Holocaust or genocide.

     (b) When making appointments, the governor shall ensure that appointees represent diverse

communities affected by genocide.

     (c) A member of the commission may be removed by the governor for inefficiency, neglect

of duty, misconduct, or malfeasance in office, after being given a written statement of the charges

and an opportunity to be publicly heard on such charges by the general assembly.

     (d) Vacancies in the commission shall be filled in the manner provided under subsection

(a) of this section. Any member appointed to fill a vacancy occurring prior to the expiration of the

term for which the member's predecessor was appointed shall hold office for the remainder of that

term. Any appointed member shall continue in office subsequent to the expiration of that member's

term until the member's successor takes office.

 

 

 

 

285)

Section

Added Chapter Numbers:

 

16-93.1-4

274 and 275

 

 

16-93.1-4. Meetings and  bylaws.

     (a) The commission shall meet at least six (6) times during a calendar year.

     (b) At the first meeting, the commission shall elect a chairperson, a vice-chairperson, and

other officers from the voting members.

     (c) The commission shall adopt by-laws bylaws governing the commission.

 

 

 

 

286)

Section

Added Chapter Numbers:

 

16-93.1-5

274 and 275

 

 

16-93.1-5. Quorum.

     A quorum at the meeting shall consist of seven (7) voting members present.

 

 

 

 

 

 

 

 

287)

Section

Added Chapter Numbers:

 

16-93.1-6

274 and 275

 

 

16-93.1-6. Expenses.

     Members of the commission shall serve without compensation, but may be reimbursed for

expenses incurred in the performance of their duties.

 

 

 

288)

Section

Added Chapter Numbers:

 

16-93.1-7

274 and 275

 

 

16-93.1-7. Duties and responsibilities of the commission.

     The commission shall:

     (1) Gather and disseminate Holocaust and genocide information throughout this state;

     (2) Take inventory of current statewide Holocaust and genocide education programs and

initiatives, and partner with the department of elementary and secondary education to prepare a

comprehensive educational program to fill program and initiative gaps;

     (3) Plan and publicize Holocaust and Genocide Remembrance Month Activities activities

to be commemorated annually in April of each year, and promote public awareness of issues

relating to the Holocaust and genocide education through public education programs;

     (4) Advise and educate the governor, general assembly, and state departments and agencies

regarding the nature, magnitude, and priorities of Holocaust and genocide education, and develop

policies and programs to address those needs;

     (5) Seek opportunities to provide resources for schools to effectively teach about the

Holocaust and genocide;

     (6) Apply for and accept grants and gifts from public and private sources to be administered

by the commission or subcontracted to local public or nonprofit agencies that shall use the grants

and gifts for the purpose intended;

     (7) Review and approve grants that are administered or subcontracted by the commission;

     (8)(i) Establish advisory committees for special subjects, as needed, to facilitate and

maximize community participation and subject matter expertise in the operation of the commission;

     (ii) Advisory committees shall be comprised of members representing community

organizations, charitable institutions, elementary and secondary schools, higher education

institutions, faith-based organizations, public officials, and other persons as determined by the

office;

     (9) Establish relationships with local and state governments, federal officials, nonprofit

organizations, and the private sector to promote and ensure the highest standards of Holocaust and

genocide education;

     (10) Endeavor to ensure that Holocaust and genocide survivors, liberators, educators, and

others involved in Holocaust and genocide education have access to decision-making bodies in

local, state, national, and international departments, agencies, and genocide education and

memorial organizations; and

     (11) Submit a written annual report of the commission's activities, accomplishments, and

recommendations to the governor, the president of the senate, and the speaker of the house of

representatives.

 

 

 

289)

Section

Amended Chapter Numbers:

 

16-97.1-1

306 and 307

 

 

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 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 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. 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 ensuring

effective teaching and administrative leadership in the public schools. 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. 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-year (3) period a comprehensive, three-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-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 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.; and

     (4) (i) Prepare and have available for district and state review by July 1 annually, a report,

based on SurveyWorks or other data collection, which that shall provide aggregated graduating

student data on race, ethnicity, and gender for the following:

     (i) (A) The total number of students graduating;

     (ii) (B) The total number of students graduating who are applying for admission to a

college, university, or vocational training program;

     (iii) (C) The total number of students completing a free application for federal student aid

("FAFSA") form; and

     (iv) (D) The total number of students who are eligible to fill out and submit a FAFSA form.

     (5) (ii) The department shall include, in SurveyWorks or an equivalent data collection tool,

inquiries to collect the data and information referenced in subsection (j)(4)(i) of this section.

     (k) The three-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, 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 that can be incorporated into this single filing in order to reduce paperwork and

eliminate duplication.

     (l) 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. 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 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 disability category and the costs of

services provided by each category for 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;

     (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 the complaint, and the monitoring and

evaluation of any such agreement or court order relative to the complaint; and

     (12) 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 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.

 

 

 

290)

Section

Amended Chapter Numbers:

 

16-107-3

27 and 38

 

 

16-107-3. Establishment of scholarship program.

     Beginning with the high school graduating class of 2017, it there is hereby established the

Rhode Island promise scholarship program that will end with the high school graduating class of

2021. The general assembly shall annually appropriate the funds necessary to implement the

purposes of this chapter. Additional funds beyond the scholarships may be appropriated to support

and advance the Rhode Island promise scholarship program. In addition to appropriation by the

general assembly, charitable donations may be accepted into the scholarship program.

 

 

 

291)

Section

Amended Chapter Numbers:

 

16-107-4

27 and 28

 

 

16-107-4. Definitions.

     When used in this chapter, the following terms shall have the following meanings:

     (1) (2) "FAFSA" means the Free Application for Federal Student Aid form;

     (2) (3) "Mandatory fees and tuition" are the costs that every student is required to pay in

order to enroll in classes, and does not include room and board, textbooks, program fees that may

exist in some majors, course fees that may exist for some specific courses, meal plans, or travel;

     (3) (4) "On track to graduate on time" means the standards determined by the community

college of Rhode Island in establishing the expectation of a student to graduate with an associate's

degree within two (2) years of enrollment (recognizing that some students, including students who

require developmental education, are double majors, or are enrolled in certain professional

programs may require an extended time period for degree completion);

     (4) (7) "Scholarship program" means the Rhode Island promise scholarship program that

is established pursuant to § 16-107-3;

     (5) (6) "Recipient student" means a student attending the community college of Rhode

Island who qualifies to receive the Rhode Island promise scholarship pursuant to § 16-107-6; and

     (6) (8) "State" means the state of Rhode Island and Providence Plantations.;

     (7) (9) "Student with a disability" means any student otherwise eligible pursuant to § 16-

107-6 who has a physical, developmental, or hidden disability or disabilities, as defined in § 42-

87-1, that would create a hardship or other functional obstacles preventing participation in this

program;

     (8) (1) "ADA" means the American with Disabilities Act 42 U.S.C. § 12101 et seq., as

may be amended from time to time; and

     (9) (5) "Reasonable accommodations" means any necessary modifications or adjustment

to a facility, equipment, program, or manner of operation as required by the Americans with

Disabilities Act ("ADA") and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as

may be amended from time to time.

 

 

 

292)

Section

Amended Chapter Numbers:

 

16-107-6

(27 and 28), and (276 and 277)

 

 

16-107-6. Eligibility for scholarship.

     (a) Beginning with the students who enroll at the community college of Rhode Island in

the fall of 2017 and ending with students who enroll at the community college of Rhode Island in

the fall of 2021, to be considered for the scholarship, a student:

     (1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by

the council on postsecondary education, as amended, supplemented, restated, or otherwise modified

from time to time ("residency policy"); provided, that, the student must have satisfied the high

school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;

provided, further, that in addition to the option of meeting the requirement by receiving a high

school equivalency diploma as described in the residency policy, the student can satisfy the

condition by receiving other certificates or documents of equivalent nature from the state or its

municipalities as recognized by applicable regulations promulgated by the council on elementary

and secondary education;

     (2) Must be admitted to, and must enroll and attend the community college of Rhode Island

on a full-time basis by the semester immediately following high school graduation or the semester

immediately following receipt of a high school equivalency diploma;

     (3) Must complete the FAFSA and any required FAFSA verification by the deadline

prescribed by the community college of Rhode Island for each year in which the student seeks to

receive funding under the scholarship program;

     (4) Must continue to be enrolled on a full-time basis;

     (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or

greater, as determined by the community college of Rhode Island;

     (6) Must remain on track to graduate on time as determined by the community college of

Rhode Island;

     (7) Must not have already received an award under this scholarship program; and

     (8) Must commit to live, work, or continue their education in Rhode Island after graduation.

     The community college of Rhode Island shall develop a policy that will secure this

commitment from recipient students.

     (b) Notwithstanding the eligibility requirements under subsection (a) of this section

("specified conditions"):

     (i) In the case of a recipient student who has an approved medical or personal leave of

absence or is unable to satisfy one or more specified conditions because of the student's medical or

personal circumstances, the student may continue to receive an award under the scholarship

program upon resuming the student's education so long as the student continues to meet all other

applicable eligibility requirements; and

     (ii) In the case of a recipient student who is a member of the national guard or a member

of a reserve unit of a branch of the United States military and is unable to satisfy one or more

specified conditions because the student is or will be in basic or special military training, or is or

will be participating in a deployment of the student's guard or reserve unit, the student may continue

to receive an award under the scholarship program upon completion of the student's basic or special

military training or deployment.; and

     (iii) Any student with a disability, otherwise eligible for a scholarship pursuant to the

provisions of this section, as of May 15, 2021, shall be entitled to access this program and shall be

afforded all reasonable accommodations, as required by the ADA and the Rehabilitation Act of

1973, including, but not limited to, enrolling on a part-time basis, attaining a high school

diploma/GED by age twenty-one (21), and taking longer than two (2) years to graduate with an

associate's degree.

 

(276 and 277)

     (a) Beginning with the students who enroll at the community college of Rhode Island in

the fall of 2017 and ending with students who enroll at the community college of Rhode Island in

the fall of 2021, to be considered for the scholarship, a student:

     (1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by

the council on postsecondary education, as amended, supplemented, restated, or otherwise modified

from time to time ("residency policy"); provided, that, the student must have satisfied the high

school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;

provided, further, that in addition to the option of meeting the requirement by receiving a high

school equivalency diploma as described in the residency policy, the student can satisfy the

condition by receiving other certificates or documents of equivalent nature from the state or its

municipalities as recognized by applicable regulations promulgated by the council on elementary

and secondary education;

     (2) Must be admitted to, and must enroll and attend the community college of Rhode Island

on a full-time basis by the semester immediately following high school graduation or the semester

immediately following receipt of a high school equivalency diploma;

     (3) Must complete the FAFSA and any required FAFSA verification, by or for persons who

are legally unable to complete the FAFSA must complete a comparable form created by the

community college of Rhode Island, by the deadline prescribed by the community college of Rhode

Island for each year in which the student seeks to receive funding under the scholarship program;

     (4) Must continue to be enrolled on a full-time basis;

     (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or

greater, as determined by the community college of Rhode Island;

     (6) Must remain on track to graduate on time as determined by the community college of

Rhode Island;

     (7) Must not have already received an award under this scholarship program; and

     (8) Must commit to live, work, or continue their education in Rhode Island after graduation.

     The community college of Rhode Island shall develop a policy that will secure this

commitment from recipient students.

     (b) Notwithstanding the eligibility requirements under subsection (a) of this section

("specified conditions"):

     (i) (1) In the case of a recipient student who has an approved medical or personal leave of

absence or is unable to satisfy one or more specified conditions because of the student's medical or

personal circumstances, the student may continue to receive an award under the scholarship

program upon resuming the student's education so long as the student continues to meet all other

applicable eligibility requirements; and

     (ii) (2) In the case of a recipient student who is a member of the national guard or a member

of a reserve unit of a branch of the United States military and is unable to satisfy one or more

specified conditions because the student is or will be in basic or special military training, or is or

will be participating in a deployment of the student's guard or reserve unit, the student may continue

to receive an award under the scholarship program upon completion of the student's basic or special

military training or deployment.

 

 

 

293)

Section

Added Chapter Numbers:

 

16-110

288 and 289

 

 

CHAPTER 16-110

AFRICAN AMERICAN HISTORY EDUCATION IN ELEMENTARY AND SECONDARY

SCHOOL

 

 

 

294)

Section

Added Chapter Numbers:

 

16-110-1

288 and 289

 

 

16-110-1. Legislative findings.

     The General Assembly hereby finds and declares that:

     (1) Rhode Island holds a unique place in history with the establishment of its Royal Charter

on July 8, 1663, that marked the first time that a sovereign leader signed a charter guaranteeing that

individuals within a society were free to practice the religion of their choice without any

interference from the government.

     (2) As Rhode Island became the first American colony to declare its independence from

Great Britain on May 4, 1776, it simultaneously was one of the most active slave ports in British

North America within the Transatlantic Slave Trade transporting thousands of enslaved Africans

to the colony, with the first documented slave ship arriving at Newport in 1696.

     (3) The contributions of African Heritage Peoples from across the African Diaspora

representing all walks of life and their endeavors to learn and thrive throughout history and make

unforgettable marks in our state and nation as artists, scientists, educators, businesspeople,

influential thinkers, members of the faith community, athletes, and political and governmental

leaders, reflects the greatness of the state of Rhode Island.

     (4) The United States Department of Education says "education is primarily a state and

local responsibility in the United States. It is states and communities, as well as public and private

organizations of all kinds that establish schools and college colleges and develop curricula."

     (5) The state of Rhode Island also has previously demonstrated its concerns and interests

regarding raising awareness on the subject of African Heritage and History through the work of the

1696 Historical Commission as established by the general assembly and signed into law on July 1,

2014, and was tasked with developing a comprehensive African Heritage History curriculum for

Rhode Island public schools from kindergarten through grade twelve (K-12) and said the

commission led by our secretary of state and comprised of scholars, civic, and educational leaders

developed and submitted a comprehensive report that included units of instruction and educational

resources.

     (6) With the unifying call that Black Lives Matter, for racial reconciliation, and for social

justice during the summer of 2020, and citizen equity being reflected across the state, nation, and

world, the establishment of an African Heritage History curriculum in Rhode Island is long

overdue. Given the importance of the issue to the political affairs of the United States, as well as

the responsibility of the state to educate its citizens, it is a fundamental responsibility of the state

of Rhode Island to ensure that the critical subject of African Heritage History is included as part of

the curriculum in all public schools. In the words of civil rights leader, Reverend Doctor Martin

Luther King, Jr., "The function of education is to teach one to think intensively and to think

critically. Intelligence plus character - that is the goal of a true education." Doctor King further

stated, "History will have to record that the greatest tragedy of this period of social transition was

not the strident clamor of the bad people, but the appalling silence of the good people.”

     (7) It is the judgment of the Rhode Island general assembly to encourage that every board

of education in the state shall include instruction on the subject of African Heritage History studies

where in an appropriate place in the curriculum, for all elementary and secondary students.

 

 

 

295)

Section

Added Chapter Numbers:

 

16-110-2

288 and 289

 

 

16-110-2. Definitions.

     For the purpose of this chapter, the following words shall have the following meanings:

     (1) "African Diaspora" means the term commonly used to describe the mass dispersion of

peoples from Africa during the Transatlantic Slave Trades, from the 1500s to the 1800s.

     (2) "African Heritage" means any one people with racial, ethnic and cultural ties to the

African Diaspora.

     (3) "African Heritage People" means the people that can be seen in our many state residents

of African, white, bi-racial, Latino, Cape Verdean, Caribbean, and Native backgrounds.

     (4) “Transatlantic Slave Trade” means the forced transportation by European slave traders

of various enslaved African people, mainly to the Americas. Current estimates are that about twelve

million (12,000,000) to twelve million eight hundred thousand (12,800,000) Africans were shipped

across the Atlantic over a span of four hundred (400) years.

 

 

 

296)

Section

Added Chapter Numbers:

 

16-110-3

288 and 289

 

 

16-110-3. Powers and duties.

     The state shall adhere to the following procedures:

     (1) The department of education shall collect and disseminate to every school district,

private school, mayoral academy, and charter school, and make available currently on its website at

https://www.ride.ri.gov/InstructionAssessment/CivicsSocialStudies/ResourcesonAfricanAmerican

History.aspx

https://www.ride.ri.gov/InstructionAssessment/CivicsSocialStudies/ResourcesonAfricanAmerican History.aspx(2)The the curriculum materials and such other materials as may assist local and

regional school committees, and governing bodies of any private school, mayoral academy, or

charter school, in developing instructional programs pursuant to this section materials on African

Heritage and History.

     (3) (2) Every school district shall include in its curriculum a unit of instruction on African

Heritage and History utilizing, but not being limited to, the materials collected and disseminated

by the department of education, commencing with the 2022-2023 school year. Nothing herein shall

require school districts to require African Heritage History instruction in every year, but that

African Heritage education and instruction shall be utilized during appropriate times in the

elementary and secondary school curricula, as determined by the local authority. All students

should have received instruction on African Heritage and History materials by the time they have

graduated from high school.

 

 

 

297)

Section

Added Chapter Numbers:

 

16-111

344 and 345

 

 

CHAPTER 16-111

SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

 

 

 

298)

Section

Added Chapter Numbers:

 

16-111-1

344 and 345

 

 

16-111-1. Definitions.

     As used in this chapter.

     (1) "Educational entity" or "educational entities" means all Rhode Island school districts,

including a single school district, regional school district, multiple school districts, any public or

private school grades kindergarten through twelve (K-12), any charter public school, or any career

and technical high school.

     (2) "Waste audit" means an analysis of a facility's waste stream. The audit can identify

what types of recyclable materials and waste a facility generates,; how much of each category is

recovered for recycling or discarded,; and what materials can be composted.

 

 

 

299)

Section

Added Chapter Numbers:

 

16-111-2

344 and 345

 

 

16-111-2. Waste audit/report.

     (a) On or after January 1, 2022, and every three (3) years thereafter, every educational

entity shall coordinate and cooperate with the Rhode Island resource recovery corporation (RIRRC)

for the purpose of conducting school waste audits. These audits shall produce waste management

reports which that shall be collected, maintained, and delivered to the educational entity. Such The

waste audits shall be performed at every educational entity.

     (b) Waste audits and any reports required herein shall include guidelines and strategies on

reducing waste for each educational entity to incorporate into their its food waste reduction and

recycling programs in an effort to eliminate food waste, promote recycling, and provide food to

local communities.

     (c) Educational entities, using the guidelines and strategies pursuant to subsection (b) of

this section, shall design and implement a waste collection system in accordance with applicable

state law for the diversion of items including, but not limited to, paper, books, furniture, computers,

office supplies, plastic, glass, cardboard, and surplus foods.

     (d) Notwithstanding any other provision of law, any waste audit conducted pursuant to this

section shall be provided free of charge by the RIRRC.

 

 

 

 

300)

Section

Added Chapter Numbers:

 

16-111-3

344 and 345

 

 

16-111-3. Food service and refuse disposal.

     It shall be the policy of the state, the department of education, and any educational entity

to require that any request for proposal (RFP) to select a food service company (vendor) to provide

food services to an educational entity shall include, as part of its proposal, assurances that the

vendor is in compliance with all laws relative to recycling and composting pursuant to chapter 18.9

of title 23; provided that, food waste is separated for diversion within that educational entity.

 

 

 

301)

Section

Added Chapter Numbers:

 

16-111-4

344 and 345

 

 

16-111-4. Food service – Local sources preferred.

     It shall be the policy of the state, the department of education, and any educational entity

to encourage that any request for proposal (RFP) to a food service company (vendor) to provide

food services to an educational entity encourage the use of a vendor that purchases ten percent

(10%) of the required food service product from a Rhode Island-based food service company. In

addition, it shall also be the policy of the state, the department of education, and any educational

entity, to encourage the use of vendors who recycle organic-waste materials at an authorized

composting facility, an anaerobic digestion facility, or by another authorized recycling method,

regardless of whether the entity purchasing the services is or is not an educational entity, or a

covered entity or a covered educational institution pursuant to the provisions of § 23-18.9-7.

 

 

 

302)

Section

Added Chapter Numbers:

 

16-111-5

344 and 345

 

 

16-111-5. Food donations by food service companies.

     (a) It shall be the policy of the state, the department of education, and any educational entity

to require that any request for proposal (RFP) to select a food service company (vendor) to provide

food services to an educational entity shall require the vendor to donate any unserved nonperishable

or unspoiled perishable food to local food banks or the Rhode Island Food Bank in accordance with

the recommendations from the Rhode Island department of health "The Road to End Hunger"

initiative.

     (b) Vendors required to donate nonperishable and unspoiled perishable food to local food

banks or the Rhode Island Food Bank shall initially make arrangements for the provision

accommodations necessary to carry out the provisions of this section.

     (c) Except for injury resulting from gross negligence or intentional misconduct in the

preparation or handling of donated food, no educational entity, person, or vendor who or that

donates food that is fit for human consumption at the time it was donated, as required by subsection

(a) of this section, shall be liable for any damage or injury resulting from the consumption of the

donated food.

     (d) The immunity from civil liability provided by this section 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 pursuant to this section. 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 pursuant to this section if the person that who

distributes the food to the end recipient makes a good faith evaluation that the food to be donated

is wholesome.

     (e) The local food bank or Rhode Island Food Bank that, in good faith, receives and

distributes food without charge, pursuant to subsection (a) of this section, that is fit for human

consumption at the time it was distributed is not liable for any 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.

 

 

 

303)

Section

Chapter Numbers:

 

16-111-6

344 and 345

 

 

16-111-6. Expiration dates.

     An educational entity, person, or vendor who or that donates food as permitted by law shall

not be subject to civil or criminal liability or penalty for any 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 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, pursuant to this section, if the entity, person,

or vendor who or that distributes the food to the end recipient makes a good faith evaluation that

the food to be donated is wholesome.

 

 

 

304)

Section

Chapter Numbers:

 

16-111-7

344 and 345

 

 

16-111-7. Rules and regulations.

     The commissioner is hereby authorized to promulgate whatever rules and regulations may

be required to implement this chapter and shall annually provide notice to all educational entities

of the department's school waste disposal and refuse disposal policies.

 

 

 

305)

Section

Added Chapter Numbers:

 

19-34

73 and 74

 

 

CHAPTER 19-34

THE ELDER ADULT FINANCIAL EXPLOITATION PREVENTION ACT

 

 

 

306)

Section

Added Chapter Numbers:

 

19-34-1

73 and 74

 

 

19-34-1. Definitions.

     As used in this chapter:

     (1) "Department" means the Rhode Island office of healthy aging.

     (2) "Elder adult" means a person who is sixty (60) years of age or older.

     (3) "Exploitation" means the fraudulent or otherwise illegal, unauthorized, or improper act

or process of an individual, including, but not limited to, a caregiver or fiduciary that uses the

resources of an elder adult for monetary or personal benefit, profit, gain, or that results in depriving

an elder adult of rightful access to, or use of benefits, resources, belongings, or assets by use, undue

influence, harassment, duress, deception, false representation or false pretenses, or conduct in

violation of § 11-68-2.

     (4) "Financial exploitation'' means:

     (i) The wrongful or unauthorized taking, withholding, appropriation, or use of the money,

assets, or other property or the identifying information of a person; or

     (ii) Any act or omission taken by a person, including through the use of a power of attorney,

guardianship, or any other legal authority, regarding an elder adult to:

     (A) Obtain, control through deception, intimidation, fraud, or undue influence, over the

other person's money, assets, or property to deprive the other person of the ownership, use, benefit,

or possession of the property; or

     (B) Convert the money, assets, or other property of the other person to deprive the other

person of the ownership, use, benefit, or possession of the property.

     (5) "Regulated institution" means any financial institution, credit union, or other insured

deposit-taking institution, that is authorized to do business in this state, including one authorized

by operation of an interstate banking statute that allowed it original entry.

 

 

 

 

307)

Section

Added Chapter Numbers:

 

19-34-2

73 and 74

 

 

19-34-2. Reporting suspected financial exploitation of elder adults.

     (a) If an employee of a regulated institution has reasonable cause to believe that financial

exploitation of an elder adult who is an account holder with the regulated institution has occurred,

is occurring, or has been attempted, the employee shall notify the regulated institution of the

suspected financial exploitation.

     (b)(1) If a regulated institution is notified of suspected financial exploitation under

subsection (a) of this section or otherwise has reasonable cause to believe that financial exploitation

of an elder adult who is an account holder with the regulated institution has occurred, is occurring,

or has been attempted, the regulated institution shall assess the suspected financial exploitation and

submit a report to the department identifying the name, address and, if known, the age of the elder

adult; the name and address of any person responsible for the care of the elder adult; the nature and

extent of the facts of the suspected activity; the basis of the reporter's knowledge; and any other

relevant information; or any other reporting requirements consistent with the provisions of § 42-

66-8.

     (2) The regulated institution shall submit the required report no later than the earlier of:

     (i) The second business day following the date the regulated institution completes the

regulated institution's assessment of the suspected financial exploitation; or

     (ii) The seventh business day after the date the regulated institution is notified of the

suspected financial exploitation under subsection (a) of this section or otherwise has reasonable

cause to believe that the suspected financial exploitation has occurred, is occurring, or has been

attempted.

     (c) A regulated institution that submits a report to the department of suspected financial

exploitation of an elder adult under subsection (b) of this section is not required to make any

additional report of suspected abuse, neglect, or exploitation, for the same conduct constituting the

reported suspected financial exploitation.

     (d) Each regulated institution shall adopt internal policies, programs, plans, or procedures

for:

     (1) The employees of the regulated institution to make the notification required under

subsection (a) of this section; and

     (2) The regulated institution to conduct the assessment and submit the report required under

subsection (b) of this section.

     (e) The policies, programs, plans, or procedures adopted under subsection (d) of this

section may authorize the regulated institution to report the suspected financial exploitation to other

appropriate agencies and entities in addition to the department, including the attorney general, the

Federal Trade Commission, and the appropriate law enforcement agency.

 

 

 

308)

Section

Added Chapter Numbers:

 

19-34-3

73 and 74

 

 

19-34-3. Notifying third parties of suspected financial exploitation or abuse.

     lf a regulated institution submits a report of suspected financial exploitation or abuse of an

elder adult to the department pursuant to § 19-34-2, the regulated institution may at the time the

regulated institution submits the report also notify a third party reasonably associated with the elder

adult of the suspected financial exploitation or abuse, unless the regulated institution suspects the

third party of financial exploitation or abuse of the elder adult.

 

 

 

 

 

 

 

309)

Section

Added Chapter Numbers:

 

19-34-4

73 and 74

 

 

19-34-4. Temporary hold on transactions in certain cases of suspected financial

exploitation.

     (a) Notwithstanding any other law, if a regulated institution submits a report of suspected

financial exploitation of an elder adult to the department pursuant to § 19-34-2, the regulated

institution:

     (1) May place a temporary hold on any transaction that:

     (i) Involves an account of the elder adult; and

     (ii) The regulated institution has reasonable cause to believe that financial exploitation of

an elder adult has occurred, is occurring, has been attempted, or will be attempted.

     (2) Shall place a hold on any transaction involving the account of the elder adult if the hold

is requested by the elder abuse unit of the office of attorney general or a law enforcement agency.

     (b) Subject to subsection (c) of this section, a hold placed on any transaction under

subsection (a) of this section shall expire on the fifteenth business day after the date the regulated

institution submits its report pursuant to § 19-34-2.

     (c) The regulated institution may extend a hold placed on any transaction under subsection

(a) of this section for a period not to exceed thirty (30) business days after the expiration of the

fifteen-(15) business-day (15) period prescribed by subsection (b) of this section if requested by a

state or federal agency or a law enforcement agency investigating the suspected financial

exploitation. The regulated institution may also petition a court to extend a hold placed on any

transaction pursuant to subsection (a) of this section beyond the fifteenth fifteen-business-day (15)

period prescribed by subsection (b) of this section. A court may enter an order extending or

shortening a hold or providing other relief.

     (d) Each regulated institution shall adopt internal policies, programs, plans, or procedures

for placing a hold on a transaction involving an account of an elder adult pursuant to this section.

 

 

 

310)

Section

Added Chapter Numbers:

 

19-34-5

73 and 74

 

 

19-34-5. Immunity.

     (a) An employee of a regulated institution who makes a notification pursuant to § 19-34-2,

or a regulated institution that submits a report pursuant to § 19-34-2 or makes a notification to a

third party pursuant to § 19-34-3, or an employee or regulated institution that testifies or otherwise

participates in a judicial proceeding arising from a notification or report shall be immune from any

civil or criminal liability arising from the notification, report, testimony, or participation in the

judicial proceeding, unless the employee or regulated institution acted in bad faith or with a

malicious purpose.

     (b) A regulated institution that in good faith and with the exercise of reasonable care places

or does not place a hold on any transaction pursuant to § 19-34-4 shall be immune from any civil

or criminal liability or disciplinary action resulting from that action or failure to act.

 

 

 

311)

Section

Added Chapter Numbers:

 

19-34-6

73 and 74

 

 

19-34-6. Records.

     To the extent permitted by state or federal law, a regulated institution shall provide, on

request, access to or copies of records relevant to the suspected financial exploitation of an elder

adult to the department, a law enforcement agency, or the office of attorney general, either as part

of a report to the department, law enforcement agency, or the elder abuse unit of the office of

attorney general or at the request of the department, law enforcement agency, or the office of

attorney general in accordance with an investigation. The records may include historical records as

well as records relating to the most recent transaction or transactions that may comprise financial

exploitation not to exceed sixty (60) calendar days prior to the first transaction that was reported or

sixty (60) days after the last transaction that was reported. An extension of the request for records

may be made by the department, law enforcement agency, or the office of attorney general if, after

receipt of the records, it is determined the suspected financial exploitation has occurred outside the

scope of the original request.

 

 

 

 

312)

Section

Added Chapter Numbers:

 

19-34-7

73 and 74

 

 

19-34-7. Training.

     (a) Commencing no later than 45 days following passage of the Act, regulated institutions

shall provide training concerning the financial exploitation of elder adults to employees of regulated

institutions as defined in § 19-34-1, and shall provide such this training to new employees within

the first three (3) months of their employment.

     (b) The training shall include recognition of indicators of financial exploitation of an elder

adult,; the manner in which employees may report suspected financial exploitation to the

department and law enforcement as mandatory reporters,; and steps employees may take to prevent

suspected financial exploitation of an elder adult as authorized by law or agreement between the

regulated institution and customers of the regulated institution. The elder abuse unit of the office

of attorney general and the department shall develop standardized training that the regulated

institutions may offer, or the regulated institutions may develop their own training.

 

 

 

 

313)

Section

Added Chapter Numbers:

 

19-34-8

73 and 74

 

 

19-34-8. Disclosure.

     Notwithstanding any provision of law, the attorney general and local law enforcement may

disclose to a mandated reporter of suspected elder financial abuse, upon request, the general status

or final disposition of any investigation that arose from a report made by that mandated reporter of

suspected financial abuse of an elder adult pursuant to this section.

 

 

314)

Section

Added Chapter Numbers:

 

20-4-14

166 and 167

 

 

20-4-14. Direct sales.

     (a) The director of the department of environmental management pursuant to the authority

and provisions of this title 20 shall issue and enforce rules, regulations, and orders with respect to

the following matters and activities:

     (1) Authorizing the transportation and sale of allowable species of live lobsters, live crabs,

and live whelk by the holder of a license issued pursuant to subsection (a)(2) of this section, or by

the authorized agent/crew member crewmember of the license holder, from the vessel or dockside

from the vessel on which the seafood was harvested to a consumer or licensed seafood retailer.;

and

     (2) Issuance of a direct sale dealer license to applicants possessing a resident commercial

fishing license or resident landing permit, and who provide documentation to the satisfaction of the

director that the applicant has permission or authority from both the property owner and the

municipality of the location where the sales subject to the provisions of subsection (a)(1) of this

section shall be conducted.

     (b) Rules, regulations, and orders promulgated by the director pursuant to subsection (a) of

this section, shall include the following provisions:

     (1) Only the licensee, or a regularly employed crewmember of the licensee, may sell

allowable species under the direct sale dealer license. To be eligible to conduct such sales, a

crewmember must first receive written authorization from the licensee. Such authorization shall be

in the form of a typewritten statement, signed and dated by the licensee, that expressly authorizes

the crewmember to act on behalf of the licensee with regard to direct sales. The statement shall

further specify: the name of the crewmember,; the name of the vessel from which the sales are

conducted,; and the month and year that the crewmember began working on the vessel. The

statement shall be kept on the vessel and be available at all times for inspection by department

personnel. A crewmember who is acting on behalf of a licensee must comply with all applicable

regulations governing direct sales, as set forth in this subsection, and the licensee shall be

responsible for any violations of regulations by the crewmember.;

     (2) All direct sale activities must be conducted in a manner consistent with applicable

federal, state, and municipal laws, regulations, and polices governing port and marina operations.;

     (3) Lobsters, crabs, and whelk must be sold live.;

     (4) Finfish may be headed, gutted, and bled dockside from the vessel. No other processing

may be done dockside from the vessel.;

     (5) Transporting is limited to lobsters, crabs, and whelk harvested from individual vessels

and sold and transported by the individual harvester or affiliated crewmembers. The name of the

vessel and license holder, provided in writing and legible, must accompany all transported lobsters,

crabs, and whelk.; and

     (6) All seafood must be stored and handled in a safe and sanitary manner pursuant to

department regulations.

     (c) Nothing in this section shall be construed to permit:

     (1) The direct sale of histamine producing fish, including bluefish, tuna, mackerel, herring,

mahi mahi, bonito, swordfish, marlin, sailfish, wahoo, anchovy, sardines, shad, menhaden as well

as amberjack, escolar, hind, jack, kahawai, milkfish, saury, scad, spearfish, sprat and trevally, and

striped bass; or

     (2) The transportation for sale of finfish to consumers and/or retailers. All sales of finfish

must be sold dockside from the vessel.

 

 

 

315)

Section

Amended Chapter Numbers:

 

20-13-16

98 and 99

 

 

20-13-16. Harassment of hunters, trappers, and fishers prohibited.

     (a) No person shall obstruct or interfere with the lawful taking of wildlife by another person

at the location where the activity is taking place with intent to prevent the lawful taking.

     (b) A person violates this section when he or she intentionally or knowingly:

     (1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife

where another person is engaged in the process of lawfully taking wildlife;

     (2) Blocks, impedes, or otherwise harasses another person who is engaged in the process

of lawfully taking wildlife;

     (3) Uses natural or artificial visual, aural, olfactory, or physical stimuli to affect wildlife

behavior in order to hinder or prevent the lawful taking of wildlife;

     (4) Erects barriers with the intent to deny ingress or egress to areas where the lawful taking

of wildlife may occur;

     (5) Interjects himself or herself into the line of fire;

     (6) Affects the condition or placement of personal or public property intended for use in

the lawful taking of wildlife in order to impair its usefulness or prevent its use; or

     (7) Enters or remains upon private lands without the permission of the owner, or the

owner's agent, with intent to violate this section.

     (c) A violation of this section is a civil violation for which a forfeiture fine of not less than

one hundred dollars ($100) nor more than five hundred dollars ($500) may be adjudged. The traffic

tribunal shall have jurisdiction to hear and determine all violations specified in this section.

 

 

 

 

316)

Section

Added Chapter Numbers:

 

21-27.2

202 and 203

 

 

CHAPTER 27.2

SINGLE-USE PLASTIC STRAWS

 

 

 

 

 

 

317)

Section

Added Chapter Numbers:

 

21-27.2-1

202 and 203

 

 

21-27.2-1. Definitions.

     As used in this chapter:

     (1) “Food service establishment” shall have the meaning set forth in § 21-27-1.

     (2) “Single-use plastic straw” means a single-use, disposable tube made predominantly of

plastic derived from either petroleum or a biologically based polymer, such as corn or other plant

sources, used to transfer a beverage from a container to the mouth of the person drinking the

beverage. “Single-use plastic straw” does not include a straw made from non-plastic materials,

including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.

 

 

 

318)

Section

Added Chapter Numbers:

 

21-27.2-2

202 and 203

 

 

21-27.2-2. Prohibited practices exception.

     A food service establishment shall not provide a single-use plastic straw to a consumer

unless requested by the consumer.

 

 

 

 

319)

Section

Added Chapter Numbers:

 

21-27.2-3

202 and 203

 

 

21-27.2-3. Penalties.

     The first and second violations of this chapter shall result in a notice of violation, and any

subsequent violation shall be punishable by a fine of twenty-five dollars ($25.00) for each violation

by the service establishment, but not to exceed three hundred dollars ($300) annually.

 

 

 

 

320)

Section

Added Chapter Numbers:

 

21-27.2-4

202 and 203

 

 

21-27.2-4. Enforcement.

     The director of health shall promulgate and adopt such rules and regulations as may be

necessary to enforce the provisions of this chapter.

 

 

 

 

321)

Section

Amended Chapter Numbers:

 

21-28-3.20

37 and 38

 

 

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 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 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, intractable

or chronic intractable pain, as provided in § 5-37.4-2, 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 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 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 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.

 

 

 

322)

Section

Added Chapter Numbers:

 

21-28-3.20.1

37 and 38

 

 

21-28-3.20.1. Authority of practitioner to prescribe, administer, and dispense --

Cancer, palliative care and chronic intractable pain.

     (a) A practitioner, in good faith and in the course of his or her professional practice

managing pain associated with a cancer diagnosis, palliative or nursing home care, intractable or

chronic intractable pain as provided in § 5-37.4-2, or other condition allowed by department of

health regulations pursuant to the exception in § 21-28-3.20(d), may prescribe, administer, and

dispense controlled substances without regard to the 2016 CDC Guideline for Prescribing Opioids

for Chronic Pain.

     (b) The director of health may promulgate those rules and regulations necessary to

effectuate the provisions of this section and ensure that rules governing pain management

associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic

intractable pain as provided in § 5-37.4-2, or other condition allowed by department of health

regulations pursuant to the exception created in § 21-28-3.20(d), shall:

     (1) Take into consideration the individualized needs of patients covered by this section;

and

     (2) Make provisions for practitioners, acting in good faith, and in the course of their

profession, and managing pain associated with their patients' illness to use their best judgment

notwithstanding any statute, rule, or regulation to the contrary.

 

 

 

 

 

323)

Section

Amended Chapter Numbers:

 

21-28-3.32

90 and 91

 

 

21-28-3.32. Electronic prescription database. [Effective until January 1, 2023.].

     (a) The information contained in any prescription-drug-monitoring database maintained by

the department of health pursuant to § 21-28-3.18 of this chapter shall be disclosed only:

     (1) To a practitioner who certifies that the requested information is for the purpose of

evaluating the need for, or providing medical treatment to, a current patient to whom the

practitioner is prescribing or considering prescribing a controlled substance;

     (2) To a pharmacist who certifies that the requested information is for a current client to

whom the pharmacist is dispensing, or considering dispensing, a controlled substance;

     (3) To an authorized designee of the practitioner and/or pharmacist to consult the

prescription-drug-monitoring database on the practitioner's and/or pharmacist's behalf, or to a

medical director of the practitioner's practice for quality improvement activities within the practice,

provided that:

     (i) The designee so authorized is employed by the same professional practice or pharmacy;

     (ii) The practitioner or pharmacist takes reasonable steps to ensure that such the designee

is sufficiently competent in the use of the database;

     (iii) The practitioner or pharmacist remains responsible for ensuring that access to the

database by the designee is limited to authorized purposes as provided for in subsections (a)(1) and

(a)(2);

     (iv) The practitioner or pharmacist remains responsible for ensuring access to the database

by the designee occurs in a manner that protects the confidentiality of information obtained from

the database and remains responsible for any breach of confidentiality;

     (v) The practitioner or pharmacist terminates the designee's access to the database at the

termination of the designee's employment; and

     (vi) The ultimate decision as to whether or not to prescribe or dispense a controlled

substance remains with the practitioner or pharmacist and is reasonably informed by the relevant,

controlled-substance history information obtained from the database;

     (4) Pursuant to a valid search warrant based on probable cause to believe a violation of

federal or state criminal law has occurred and that specified information contained in the database

would assist in the investigation of the crime;

     (5) By a department employee to a certified law enforcement prescription drug diversion

investigator of a qualified law enforcement agency for use in an investigation.

     (i) A certified law enforcement prescription drug diversion investigator shall provide to the

department the following information in order to receive information from the database:

     (A) The identification credentials assigned by the department; and

     (B) The case number of the investigation.

     (ii) A qualified law enforcement agency shall submit to the department quarterly reports of

the data received by all certified law enforcement prescription drug diversion investigators in the

qualified law enforcement agency, including, without limitation:

     (A) Written verification that the inquiries were part of a lawful prescription drug diversion

investigation as provided to the department through the case number of the investigation; and

     (B) A brief description of each case closed during that quarter for which the qualified law

enforcement agency used information from the database; and

     (C) The disposition of the investigation.

     (iii) The department shall:

     (A) Create a verification form for use under subsection (a)(5)(ii)(A) of this section; and

     (B) Make the verification form available annually to the qualified law enforcement agency.

     (iv) The verification form under subsection (a)(5)(ii)(A) of this section shall be submitted

to the department within thirty (30) days of receipt of the form by the qualified law enforcement

agency.

     (v) Failure to submit a verification form under subsection (a)(5)(iv) of this section shall

result in the immediate suspension of disclosure of information from the database by the department

to the qualified law enforcement agency and its certified law enforcement prescription drug

diversion investigators until a determination is made by the department to allow continued

disclosure.

     (vi) The director shall, beginning January 1, 2018, and annually thereafter, review

disclosure of information pursuant to subsection (a)(5) of this section. Thereafter, the disclosure of

information pursuant to subsection (a)(5) of this section shall automatically renew for successive

one-year terms unless the director provides written notice to:

     (A) The qualified law enforcement agencies; and

     (B) The speaker of the house and the president of the senate, at least sixty (60) days in

advance of the then-existing term's end, that the department wishes to discontinue providing

information from the database pursuant to this subsection. The director may reinstitute disclosure

by providing written notice to the same parties;

     (6) To a patient who requests his or her own prescription information, or the parent or legal

guardian of a minor child who requests the minor child's prescription information;

     (7) To a health professional regulatory board that documents, in writing, that the requested

information is necessary for an investigation related to licensure, renewal, or disciplinary action

involving the applicant, licensee, or registrant to whom the requested information pertains;

     (8) To any vendor or contractor with whom the department has contracted, pursuant to state

purchasing law and regulations in the contracting of vendors, to establish or maintain the electronic

system of the prescription-drug-monitoring database;

     (9) To public or private entities for statistical, research, or educational purposes, after

removing the patient and prescriber information that could be used to identify individual patients.

This shall not include entities receiving a waiver from the institutional review board; or

     (10) To any vendor, agent, contractor, or designee who or that operates an electronic health

record or clinical-management system for the purpose of sharing data with practitioners,

pharmacists, or licensed healthcare facilities or designees.

     (b) Information stored in the prescription-drug-monitoring database shall include only the

following:

     (1) Patient's first and last name and/or patient identification number; provided, however,

the patient's social security number shall not be recorded in whole or in part, patient sex, patient

date of birth, and patient address;

     (2) Prescribing practitioner's name and Drug Enforcement Administration prescriber-

information number;

     (3) Prescribing practitioner's office or hospital contact information;

     (4) Prescription name, prescription number, prescription species code, national drug code

number, prescription dosage, prescription quantity, days' supply, new-refill code, number of refills

authorized, date the prescription was written, date the prescription was filled, payment type;

provided, however, no credit card number shall be recorded in whole or in part; and

     (5) The Drug Enforcement Administration pharmacy number of the pharmacy filling the

prescription.

     (c) The department shall disclose any information relating to a patient maintained in the

prescription-drug-monitoring database to that patient, at no cost to the patient, within thirty (30)

business days after the department receives a written request from the patient for the information.

This information shall include the records maintained by the department pursuant to subsection (e).

Notwithstanding the above, the department may, at the request of the law-enforcement agency,

withhold, for up to sixty (60) days following the conclusion of a law-enforcement investigation that

has been confirmed by the department, the disclosure to the patient that information has been

obtained pursuant to subsections (a)(4) and (a)(5) of this section.

     (d) A patient may request, from the dispensing pharmacy, correction of any inaccurate

information contained within the prescription-drug-monitoring database in accordance with the

procedure specified by § 5-37.3-5(c).

     (e) The department shall, for the period of time that prescription information is maintained,

maintain records of the information disclosed through the prescription-drug-monitoring database,

including, but not limited to:

     (1) The identity of each person who requests or receives information from the prescription-

drug-monitoring database and the organization, if any, the person represents;

     (2) The information released to each person or organization and the basis for its release

under subsection (a); and

     (3) The dates the information was requested and provided.

     (f) Prescription information contained within the prescription-drug-monitoring database

shall be removed no later than five (5) years from the date the information is entered into the

database. Records in existence prior to the enactment of this section shall be removed no later than

ten (10) years from the date the information is entered into the database.

     (g) The department shall promptly notify any affected individual of an improper disclosure

of information from the prescription-drug-monitoring database or a breach in the security of the

prescription-drug-monitoring database that poses a significant risk of disclosure of patient

information to an unauthorized individual.

     (h) At the time of signing a prescription that is required by the department to be entered

into the prescription-drug-monitoring database, the prescribing practitioner shall inform the patient

in writing of the existence of the prescription-drug-monitoring database; the patient's right to access

his or her own prescription information; and the name and contact information of the agency

operating the program.

     (i) No person shall access information in the prescription-monitoring-database except to

the extent and for the purposes authorized by subsection (a).

     (j) In any civil action allowing a violation of this chapter, the court may award damages,

including punitive damages, and reasonable attorneys' fees and costs to a prevailing plaintiff, and

injunctive and any other appropriate relief.

     (k) Any pharmacist who, in his or her professional judgment, refuses to fill a prescription

based on information contained within the prescription-drug-monitoring database shall inform the

prescribing physician within twenty-four (24) hours.

     (l) All practitioners shall, as a condition of the initial registration or renewal of the

practitioner's authority to prescribe controlled substances, register with the prescription-drug-

monitoring database maintained by the department of health.

     (m) The prescription-monitoring program shall be reviewed prior to starting any opioid. A

prescribing practitioner, or designee as authorized by subsection (a)(3) of this section, 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.

     (n) The department shall improve the usefulness and value of the prescription-drug-

monitoring database program by increasing its analytical functionality, timeliness, and scope, such

as by:

     (1) Utilizing data from additional data sources as permissible under state and federal

statutes;

     (2) Analyzing information submitted to the prescription-drug-monitoring database to

ensure that prescription data collected from dispensing pharmacists is readily accessible for a given

patient; to identify unusual or aberrant patterns of prescribing, dispensing, or receiving controlled

substances; and to generate an automatic alert when such patterns arise to automate standard

reports; and to provide ad hoc reports on a real-time basis on this data as well as other data feeds.

These reports shall comply with the patient confidentiality requirements of federal and state law;

     (3) Developing regulations to ensure that prescription-drug-monitoring analyses are

updated and disseminated regularly to appropriate officials and that summary reports are provided

to the general assembly on or before February 1st of each year. Given the intent to decrease the

number of Rhode Island citizens affected by opioid use, the department shall provide an interim

report on the status of the directives included herein and any progress made as of October 1, 2016.

In the development of said the regulations, the department may include any of the following

analytical functions, within the boundaries of patient confidentiality rights under state and federal

law:

     (i) Consolidate raw prescription data collected from dispensing pharmacists into a single

view of all prescriptions filled for a given patient;

     (ii) Identify unusual or aberrant patterns of prescribing controlled substances, by relevant

prescriber attributes, and generate an automatic alert when such these patterns arise;

     (iii) Identify unusual or aberrant patterns of receiving prescriptions for controlled

substances, by relevant patient attributes, and generate an automatic alert when such these patterns

arise;

     (iv) Identify unusual or aberrant patterns of dispensing controlled substances, by relevant

dispenser attributes, and generate an automatic alert when such these patterns arise;

     (v) Identify and visually display linkages among prescribers, patients, and dispensers that

can be used to detect any collusive behaviors; and

     (vi) The department shall apply for federal funding in support of the goals and objectives

contained in this subsection.

 

 

 

324)

Section

Amended Chapter Numbers:

 

21-28-4.01

(100 and 101) and (286 and 287)

 

 

21-28-4.01. Prohibited acts A -- Penalties.

     (a)(1) Except as authorized by this chapter, it shall be unlawful for any person to

manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.

     (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(20) § 21-28-

1.02, who violates this subsection with respect to a controlled substance classified in schedule I or

II, except the substance classified as marijuana, is guilty of a crime and, upon conviction, may be

imprisoned to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor

less than ten thousand dollars ($10,000), or both.

     (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

death to the person to whom the controlled substance is delivered, it shall not be a defense that the

person delivering the substance was, at the time of delivery, a drug-addicted person as defined in §

21-28-1.02(20).

     (4) Any person, except as provided for in subdivision (2) of this subsection, who violates

this subsection with respect to:

     (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

     (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver,

or possess with intent to deliver, a counterfeit substance.

     (2) Any person who violates this subsection with respect to:

     (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000), or both;

     (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled

substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or

order of a practitioner while acting in the course of his or her professional practice, or except as

otherwise authorized by this chapter.

     (2) Any person who violates this subsection with respect to:

     (i) A controlled substance classified in schedules I, II and III, IV, and V, except

buprenorphine and the substance classified as marijuana, is guilty of a crime and, upon conviction,

may be imprisoned for not more than three (3) years, or fined not less than five hundred dollars

($500) nor more than five thousand dollars ($5,000), or both;

     (ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as

marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon

conviction, may be imprisoned for not more than one year, or fined not less than two hundred

dollars ($200) nor more than five hundred dollars ($500), or both.

     (iii) Notwithstanding any public, special, or general law to the contrary, the possession of

one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and

who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil

offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars

($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or

disqualification. Notwithstanding any public, special, or general law to the contrary, this civil

penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense

is the first (1st) or second (2nd) violation within the previous eighteen (18) months.

     (iv) Notwithstanding any public, special, or general law to the contrary, possession of one

ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and under

the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of

this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount

of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender

completes an approved, drug-awareness program and community service as determined by the

court. If the person seventeen (17) years of age or older and under the age of eighteen (18) years

fails to complete an approved, drug-awareness program and community service within one year of

the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the

marijuana, except that if no drug-awareness program or community service is available, the penalty

shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or

legal guardian of any offender seventeen (17) years of age or older and under the age of eighteen

(18) shall be notified of the offense and the availability of a drug-awareness and community-service

program. The drug-awareness program must be approved by the court, but shall, at a minimum,

provide four (4) hours of instruction or group discussion and ten (10) hours of community service.

Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall

apply if the offense is the first or second violation within the previous eighteen (18) months.

     (v) Notwithstanding any public, special, or general law to the contrary, a person not

exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1

oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for

not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five

hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for

possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2) times

in the eighteen (18) months prior to the third (3rd) offense.

     (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three hundred

dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again

to six hundred dollars ($600) if it has not been paid within ninety (90) days.

     (vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this subsection

except as provided in this subparagraph. Any person in possession of an identification card, license,

or other form of identification issued by the state or any state, city, or town, or any college or

university, who fails to produce the same upon request of a police officer who informs the person

that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.)

or less of marijuana, or any person without any such forms of identification who fails or refuses to

truthfully provide his or her name, address, and date of birth to a police officer who has informed

such person that the officer intends to provide such individual with a citation for possession of one

ounce (1 oz.) or less of marijuana, may be arrested.

     (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a

violation of parole or probation.

     (ix) Any records collected by any state agency, tribunal, or the family court that include

personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to

public inspection in accordance with § 8-8.2-21.

     (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive

jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued

under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent

(50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant

to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs for youth.

     (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or

convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not

sentenced to a term of imprisonment to serve for the offense, shall be required to:

     (i) Perform up to one hundred (100) hours of community service;

     (ii) Attend and complete a drug-counseling and education program, as prescribed, by the

director of the department of behavioral healthcare, developmental disabilities and hospitals and

pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be

deposited as general revenues. Failure to attend may result, after hearing by the court, in jail

sentence up to one year;

     (iii) The court shall not suspend any part or all of the imposition of the fee required by this

subsection, unless the court finds an inability to pay;

     (iv) If the offense involves the use of any automobile to transport the substance or the

substance is found within an automobile, then a person convicted or who pleads nolo contendere

under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six (6) months for a

first offense and one year for each offense after.

     (5) All fees assessed and collected pursuant to (c)(3)(ii) shall be deposited as general

revenues and shall be collected from the person convicted or who pleads nolo contendere before

any other fines authorized by this chapter.

     (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to

manufacture or distribute, an imitation controlled substance. Any person who violates this

subsection is guilty of a crime and, upon conviction, shall be subject to the same term of

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

controlled substance that the particular imitation controlled substance forming the basis of the

prosecution was designed to resemble and/or represented to be; but in no case shall the

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

($20,000).

     (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport,

or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight

without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more

than one thousand dollars ($1,000), or both.

     (f) It is unlawful for any person to knowingly or intentionally possess, manufacture,

distribute, or possess with intent to manufacture or distribute, any extract, compound, salt

derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is

exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any

person who violates this section is guilty of a misdemeanor and, upon conviction, may be

imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or

both. The provisions of this section shall not apply to licensed physicians, pharmacists, and

accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or

datura stramonium and shall not apply to any person participating in clinical trials involving the

use of salvia divinorum or datura stramonium.

 

(286 and 287)

     (a)(1) Except as authorized by this chapter, it shall be unlawful for any person to

manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.

     (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(20), who

violates this subsection with respect to a controlled substance classified in schedule I or II, except

the substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned

to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than

ten thousand dollars ($10,000), or both.

     (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

death to the person to whom the controlled substance is delivered, it shall not be a defense that the

person delivering the substance was, at the time of delivery, a drug-addicted person as defined in §

21-28-1.02(20).

     (4) Any person, except as provided for in subdivision (2) of this subsection subsection

(a)(2), who violates this subsection with respect to:

     (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

     (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver,

or possess with intent to deliver, a counterfeit substance.

     (2) Any person who violates this subsection with respect to:

     (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000), or both;

     (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled

substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or

order of a practitioner while acting in the course of his or her professional practice, or except as

otherwise authorized by this chapter.

     (2) Any person who violates this subsection with respect to:

     (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g) or

less of a mixture or substance containing a detectable amount of a controlled substance classified

in schedules I, II, III, IV, and V, except the substance classified as marijuana, is guilty of a

misdemeanor and, upon conviction, may be imprisoned for not more than two (2) years, or fined

not more than five hundred dollars ($500) or both.

     (i)(ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten

grams (10 g), but less than one ounce (1 oz.) of a mixture or substance containing a detectable

amount of a A controlled substance classified in schedules I, II and III, IV, and V, except the

substance classified as marijuana, is guilty of a crime felony and, upon conviction, may be

imprisoned for not more than three (3) years, or fined not less than five hundred dollars ($500) nor

more than five thousand dollars ($5,000), or both; .

     (ii)(iii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as

marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon

conviction, may be imprisoned for not more than one year, or fined not less than two hundred

dollars ($200) nor more than five hundred dollars ($500), or both.

     (iii)(iv) Notwithstanding any public, special, or general law to the contrary, the possession

of one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older,

and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil

offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars

($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or

disqualification. Notwithstanding any public, special, or general law to the contrary, this civil

penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense

is the first (1st) or second (2nd) violation within the previous eighteen (18) months.

     (iv)(v) Notwithstanding any public, special, or general law to the contrary, possession of

one ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and

under the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter

28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in

the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor

offender completes an approved, drug-awareness program and community service as determined

by the court. If the person seventeen (17) years of age or older and under the age of eighteen (18)

years fails to complete an approved, drug-awareness program and community service within one

year of the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture

of the marijuana, except that if no drug-awareness program or community service is available, the

penalty shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The

parents or legal guardian of any offender seventeen (17) years of age or older and under the age of

eighteen (18) shall be notified of the offense and the availability of a drug-awareness and

community-service program. The drug-awareness program must be approved by the court, but

shall, at a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of

community service. Notwithstanding any other public, special, or general law to the contrary, this

civil penalty shall apply if the offense is the first or second violation within the previous eighteen

(18) months.

     (v)(vi) Notwithstanding any public, special, or general law to the contrary, a person not

exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1

oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for

not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five

hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for

possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv)

(c)(2)(v) two (2) times in the eighteen (18) months prior to the third (3rd) offense.

     (vi)(vii) Any unpaid civil fine issued under (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v) shall

double to three hundred dollars ($300) if not paid within thirty (30) days of the disposition. The

civil fine shall double again to six hundred dollars ($600) if it has not been paid within ninety (90)

days.

     (vii)(viii) No person may be arrested for a violation of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv)

(c)(2)(v) of this subsection except as provided in this subparagraph. Any person in possession of

an identification card, license, or other form of identification issued by the state or any state, city,

or town, or any college or university, who fails to produce the same upon request of a police officer

who informs the person that he or she has been found in possession of what appears to the officer

to be one ounce (1 oz.) or less of marijuana, or any person without any such forms of identification

who fails or refuses to truthfully provide his or her name, address, and date of birth to a police

officer who has informed such person that the officer intends to provide such individual with a

citation for possession of one ounce (1 oz.) or less of marijuana, may be arrested.

     (viii)(ix) No violation of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v) of this subsection shall

be considered a violation of parole or probation.

     (ix)(x) Any records collected by any state agency, tribunal, or the family court that include

personally identifiable information about violations of (c)(2)(iii) (c)(2)(iv) or (c)(2)(iv) (c)(2)(v)

shall not be open to public inspection in accordance with § 8-8.2-21.

     (3) Jurisdiction.

     (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original

jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute

any and all violations of (c)(2)(i).

     (ii) Any and all violations of (c)(2)(iii) (c)(2)(iv) and (c)(2)(iv) (c)(2)(v) shall be the

exclusive jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine

issued under (c)(2)(iii) or (c)(2)(iv) (c)(2)(iv) or (c)(2)(v) shall be payable to the Rhode Island

traffic tribunal. Fifty percent (50%) of all fines collected by the Rhode Island traffic tribunal from

civil penalties issued pursuant to (c)(2)(iii) or (c)(2)(iv) (c)(2)(iv) or (c)(2)(v) shall be expended on

drug-awareness and treatment programs for youth.

     (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or

(c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii)

(c)(2)(iii), who is not sentenced to a term of imprisonment to serve for the offense, shall be required

to:

     (i) Perform up to one hundred (100) hours of community service;

     (ii) Attend and complete a drug-counseling and education program, as prescribed, by the

director of the department of behavioral healthcare, developmental disabilities and hospitals and

pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be

deposited as general revenues. Failure to attend may result, after hearing by the court, in jail

sentence up to one year;

     (iii) The court shall not suspend any part or all of the imposition of the fee required by this

subsection, unless the court finds an inability to pay;

     (iv) If the offense involves the use of any automobile to transport the substance or the

substance is found within an automobile, then a person convicted or who pleads nolo contendere

under (c)(2)(i), and (c)(2)(ii) or (c)(2)(iii) shall be subject to a loss of license for a period of six (6)

months for a first offense and one year for each offense after.

     (5) All fees assessed and collected pursuant to (c)(3)(ii) (c)(2)(iii) shall be deposited as

general revenues and shall be collected from the person convicted or who pleads nolo contendere

before any other fines authorized by this chapter.

     (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to

manufacture or distribute, an imitation controlled substance. Any person who violates this

subsection is guilty of a crime and, upon conviction, shall be subject to the same term of

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

controlled substance that the particular imitation controlled substance forming the basis of the

prosecution was designed to resemble and/or represented to be; but in no case shall the

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

($20,000).

     (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport,

or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight

without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more

than one thousand dollars ($1,000), or both.

     (f) It is unlawful for any person to knowingly or intentionally possess, manufacture,

distribute, or possess with intent to manufacture or distribute, any extract, compound, salt

derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is

exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any

person who violates this section is guilty of a misdemeanor and, upon conviction, may be

imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or

both. The provisions of this section shall not apply to licensed physicians, pharmacists, and

accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or

datura stramonium and shall not apply to any person participating in clinical trials involving the

use of salvia divinorum or datura stramonium.

 

 

 

 

 

325)

Section

Amended Chapter Numbers:

 

21-28-4.01.1

286 and 287

 

 

21-28-4.01.1. Minimum sentence -- Certain quantities of controlled substances.

     (a) Except as authorized by this chapter, it shall be unlawful for any person to manufacture,

sell, or possess with intent to manufacture or sell, a controlled substance classified in schedule I or

II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain

controlled substances:

     (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of heroin;

     (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation that contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

     (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to

one thousand (1,000) tablets of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

     (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or

one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a detectable

amount of lysergic acid diethylamide (LSD);

     (5) One kilogram (1 kg.) to five kilograms (5 kgs.) of a mixture containing a detectable

amount of marijuana;

     (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of synthetic drugs; or

     (7) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of fentanyl or its analogs, including, but not limited to,: N-(1-

phenethylpiperidin-4-yl)–N-phenylacetamide, its optical, positional, and geometric isomers, salts,

and salts of isomers (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide

(furanyl fentanyl); and N-Phenethyl-4-piperidinone (4-AN-PP); or

     (8) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of carfentanil; or

     (9) One ounce (1 oz.) to one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine

(MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or

     (10) One ounce (1 oz.) to one kilogram (1 kg.) of amphetamine, its salts, optical isomers,

and salts of its optical isomers; or

     (11) One ounce (1 oz.) to one kilogram (1 kg.) of methamphetamine, its salts, and salts of

its isomers.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to fifty (50) years and fined not more than five hundred thousand

dollars ($500,000).

 

 

 

 

 

326)

Section

Amended Chapter Numbers:

 

21-28-4.01.2

286 and 287

 

 

21-28-4.01.2. Minimum sentence -- Certain quantities of controlled substances.

     (a) Except as authorized by the chapter, it shall be unlawful for any person to possess,

manufacture, sell, or deliver the following enumerated quantities of certain controlled substances:

     (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of heroin;

     (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation that contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

     (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000)

tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

     (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one

thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid

diethylamide (LSD);

     (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of

marijuana;

     (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of synthetic drugs; or

     (7) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of fentanyl or its analogs, including, but not limited to,: N-(1-phenethylpiperidin-4-yl)–N-

phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl

fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-

Phenethyl-4-piperidinone (4-AN-PP); or

     (8) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of carfentanil; or

     (9) More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA),

its optical, positional, and geometric isomers, salts, and salts of isomers; or

     (10) More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of

its optical isomers; or

     (11) More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000).

 

 

 

327)

Section

Amended Chapter Numbers:

 

21-28-4.11

286 and 287

 

 

21-28-4.11. Second offenses.

     (a) Any person convicted of a second offense under this chapter, except for violations of

subparagraphs §§ 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), or § 21-28-

4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to twice the term

authorized, fined an amount up to twice that authorized, or both.

     (b) For purposes of this section, an offense is considered a second offense if, prior to his or

her conviction of the offense, the offender has at any time been convicted under this chapter, except

for violations of subparagraphs §§ 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-

4.01(c)(2)(iv) or § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), or under any statute of the United

States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic

drugs.

 

 

 

 

328)

Section

Amended Chapter Numbers:

 

21-28-4.14

286 and 287

 

 

21-28-4.14. Third or subsequent offenses.

     (a) Any person convicted of a third or subsequent offense under this chapter, except for

violations of subparagraphs 21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv) or 21-28-4.01(c)(2)(v) §§

21-28-4.01(c)(2)(iv), 21-28-4.01(c)(2)(v), or 21-28-4.01(c)(2)(vi), may be imprisoned for a term

up to three (3) times the term authorized, and fined an amount up to three (3) times that authorized

by § 21-28-4.11, or both.

     (b) For purposes of this section, an offense is considered a third or subsequent offense if,

prior to his or her conviction of the offense, the offender has at any time been convicted twice under

this chapter, except for violations of subparagraphs §§ 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv)

or § 21-28-4.01(c)(2)(v), § 21-28-4.01(c)(2)(vi), or twice under any statute of the United States or

of any other state, or any combination of them, relating to narcotic drugs, marijuana, depressant,

stimulant, or hallucinogenic drug.

 

 

 

329)

Section

Amended Chapter Numbers:

 

22-7.4-47

32 and 36

 

 

22-7.4-47. The Bruce Sundlun Terminal Building.

     The airport terminal building at T.F. Green Airport Rhode Island T.F. Green International

Airport in the city of Warwick shall be named and known as the Bruce Sundlun Terminal Building.

 

 

 

330)

Section

Amended Chapter Numbers:

 

22-7.4-58

32 and 36

 

 

22-7.4-58. Bruce Sundlun Road.

     The access road to T.F. Green Airport Rhode Island T.F. Green International Airport from

Post Road (U.S. Route 1) to the airport terminal in the city of Warwick shall be named and known

as the Bruce Sundlun Road.

 

 

 

331)

Section

Added Chapter Numbers:

 

22-7.4-144

25 and 26

 

 

22-7.4-144. Holley Landing.

     The landing in South Kingstown originally known as Wordens Pond Landing shall

hereafter be named and known as "Holley Landing."

 

 

 

 

332)

Section

Added Chapter Numbers:

 

22-7.4-145

53 and 54

 

 

22-7.4-145. Larry Mouradjian fishing pier.

     The fishing pier at Rocky Point state park in Warwick shall hereafter be named and known

as the “Larry Mouradjian fishing pier.”

 

 

 

333)

Section

Added Chapter Numbers:

 

22-7.4-146

104 and 160

 

 

22-7.4-146. E. Richard Durfee Road.

     The portion of Sand Hill Cove Road in Narragansett bounded to the south by Narragansett

assessor's lots I-G-71-2, I-G-72, I-G-73, and I-G-74 shall be known as "E. Richard Durfee Road".

 

 

 

334)

Section

Amended Chapter Numbers:

 

23-3-1

233 and 234

 

 

23-3-1. Definitions.

     As used in this chapter:

     (1) "Adoptee" means a person who was born in this state and who has had an original birth

certificate sealed due to an adoption.

     (2) "Adoptee vital records file" means a file operated by the division of vital records that

maintains adoptees' birth certificates, makes available the contact preference forms, and provides

adoptees with non-certified copies of their birth certificates.

     (3) "Adult adoptee" means an adoptee twenty-five (25) eighteen years of age or older.

     (4) "Birth parent" is the person, the father or mother of genetic origin of a child, who is

legally presumed under the laws of this state to be the father or mother of genetic origin of a child.

     (5) "Community of residence" means the city or town within the state of a person's home

address at the time of his or her marriage or death, or of his or her mother's home address at the

time of his or her birth.

     (6) "Contact preference form" means the form prepared and maintained by the division that

birth parent(s) of adoptees may file to express his or her preference regarding contact with the

adoptee. The contact preference form shall include language informing the birth parent(s) of their

ability to provide genetic, social, and health history to the Passive Voluntary Adoption Mutual

Consent Registry as defined in chapter 15-7.2 of title 15.

     (7) "Dead body" means a lifeless human body or parts of a lifeless human body or its bones

from the state of which it reasonably may be concluded that death recently occurred.

     (8) "Division" means the division of vital records as defined in chapter 3 of title 23 this

chapter.

     (9) "Fetal death" means death prior to the complete expulsion or extraction from its mother

of a product of human conception, irrespective of the duration of pregnancy; the death is indicated

by the fact that after the expulsion or extraction the fetus does not breathe or show any other

evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement

of the voluntary muscles.

     (10) "Filing" means the presentation of a certificate, report, or other record provided for in

this chapter, of a birth, death, fetal death, adoption, marriage, or divorce for registration by the

division of vital records.

     (11) "Final disposition" means the burial, interment, cremation, or other disposition of a

dead body or fetus.

     (12) "Institution" means any establishment, public or private, which that provides in-

patient medical, surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary care

to two (2) or more unrelated individuals, or to which persons are committed by law.

     (13) "Live birth" means the complete expulsion or extraction from its mother of a product

of human conception, irrespective of the duration of pregnancy, which that, after that expulsion or

extraction, breathes or shows any other evidences of life such as beating of the heart, pulsation of

the umbilical cord, or definite movement of the voluntary muscles, whether or not the umbilical

cord has been cut or the placenta is attached.

     (14) "Physician" means a person authorized or licensed to practice medicine pursuant to

chapter 37 of title 5.

     (15) "Registration" means the acceptance by the division of vital records and the

incorporation in its official records of certificates, reports, or other records provided for in this

chapter, or births, deaths, fetal deaths, adoptions, marriages, or divorces.

     (16) "Signing" or "Signature" means the application of either a hand signature to a paper

record or an electronic process approved by the state registrar of vital records.

     (17) "System of vital records" means the registration, collection, preservation, amendment,

and certification of vital statistics records, and activities related to them including the tabulation,

analysis, and publication of statistical data derived from those records.

     (18) "Vital records" means records of birth, death, fetal death, marriage, divorce, and data

related to those records.

 

 

 

335)

Section

Amended Chapter Numbers:

 

23-3-15

233 and 234

 

 

23-3-15. New certificates of birth following adoption -- Legitimation and paternity

determination.

     (a) The state registrar of vital records shall establish a new certificate of birth for a person

born in this state when he or she receives the following:

     (1) An adoption report as provided in § 23-3-14 or a certified copy of the decree of adoption

together with the information necessary to identify the original certificate of birth and to establish

a new certificate of birth; except that a new certificate of birth shall not be established if the court

decreeing the adoption, the adoptive parents, or the adopted person requests that a new certificate

shall not be established.

     (2) A request that a new certificate be established and evidence required by regulation

proving that the person has been legitimated, or that a court of competent jurisdiction has

determined the paternity of the person; provided, however, that where a court of competent

jurisdiction has determined the paternity of the person, the name of the person who has been

adjudicated as being the father shall be inserted on the birth certificate.

     (b) When a new certificate of birth is established, the actual place and date of birth shall be

shown. It shall be substituted for the original certificate of birth.

     (1) Thereafter, the original certificate and the evidence of adoption, paternity, or

legitimation shall not be subject to inspection except as allowed by this chapter in the case of

adoption by the adult adoptee, or upon order of a court of competent jurisdiction, or as provided by

regulation.

     (2) Upon receipt of a notice of annulment of adoption, the original certificate of birth shall

be restored to its place in the files and the new certificate and evidence shall not be subject to

inspection except upon order of a court of competent jurisdiction.

     (3) Upon receipt from a passive voluntary adoption mutual consent registry of a certificate

provided for in § 15-7.2-12(b), the adult adoptee named in the certificate, and only that person,

shall be entitled to receive non-certified copies of his or her original birth certificate.

     (c) If no certificate of birth is on file for the person for whom a new certificate is to be

established under this section, a delayed certificate of birth shall be filed with the state registrar of

vital records as provided in § 23-3-12 or § 23-3-13, before a new certificate of birth is established,

except that when the date and place of birth and parentage have been established in accordance

with this chapter in the adoption proceedings, a delayed certificate shall not be required.

     (d) When a new certificate of birth is established by the state registrar of vital records, all

copies of the original certificate of birth in the custody of any custodian of permanent local records

in this state shall be sealed from inspection or forwarded to the state registrar of vital records, as he

or she shall direct.

     (e)(1) The state registrar shall, upon request, prepare and register a certificate in this state

for a person born in a foreign country who is not a citizen of the United States and who was adopted

through a court of competent jurisdiction in this state. The certificate shall be established upon

receipt of a report of adoption from the court decreeing the adoption, proof of the date and place of

the child's birth, and a request from the court, the adopting parents, or the adopted person if eighteen

(18) years of age or over that a certificate be prepared. The certificate shall be labeled "certificate

of foreign birth" and shall show the actual country of birth. After registration of the birth certificate

in the new name of the adopted person, the state registrar shall seal and file the report of adoption

which shall not be subject to inspection except upon order of a court of competent jurisdiction or

as provided by regulation.

     (2) If the child was born in a foreign country but was a citizen of the United States at the

time of birth, the state registrar shall not prepare a "certificate of foreign birth" and shall notify the

adoptive parents of the procedures for obtaining a revised birth certificate for their child through

the U.S. department of state Department of State.

     (f) When a new certificate of birth is established following an adoption or legitimation in

this state, and when no record of the original birth is on file at the city or town of occurrence, the

state registrar of vital records shall cause a copy to be filed with the registrar of births in the city or

town where the child was born and the city or town of residence of the parents indicated on the new

certificate, if that residence is within the state.

     (g)(1) The division shall establish, maintain, and operate the adoptee vital records file.

Beginning July 1, 2012, upon written application by an adult adoptee who was born in the State of

Rhode Island the division shall issue to such the applicant a non-certified copy of the unaltered,

original certificate of birth of the adoptee, with procedures, filing fees, and waiting periods identical

to those imposed upon non-adopted citizens of the state.

     (2) The division shall prescribe and, upon request, shall make available to each birth parent

of an adoptee named on the original birth certificate, a contact preference form on which the birth

parent may state a preference regarding contact by an adoptee who is the birth child of the birth

parent. The contact preference form shall be returned to the division. Upon such a request, the

division shall also provide the birth parent with an updated medical history form, which may be

completed and returned to the Passive Voluntary Adoption Mutual Consent Registry. The contact

preference form shall provide the birth parent with the following options from which the birth

parent shall select one:

     "(a) I would like to be contacted.

     (b) I would prefer to be contacted only through an intermediary.

     (c) I would prefer not to be contacted at this time."

     (3) When the division receives a completed contact preference form from a birth parent,

the division shall place the form on file and create an index of all contact preference forms filed.

When the vital records office receives a request for an original birth certificate they will then open

the adoptee's sealed file and check the file for the names of the birth parent(s). These names will

then be cross referenced with the birth parent(s) names listed on the contact preference form index.

If there is a match, the vital records office will provide the adoptee a copy of the contact preference

form. The division shall inform the adoptee of his or her right to contact the Passive Voluntary

Adoption Mutual Consent Registry to see if an updated medical history form has been filed by his

or her birth parent.

     (4) Beginning September 1, 2011, the division shall make reasonable efforts to inform the

public of the existence of the adoptee vital records file; the ability of adult adoptees born in the

State of Rhode Island to access non-certified copies of their birth certificates subject to the

provisions of this chapter; and the ability of the birth parent(s) of adoptees to file a contact

preference form with the division of vital records.

     (h) The division shall maintain the following statistics, which that shall be made available

to the general public on a quarterly basis or more frequently if possible:

     (1) Number of original birth certificates released since the effective date of this bill;

     (2) Number of contact preference forms filed; and

     (3) Number of birth parent(s) who indicated on the contact preference form that they would

like to be contacted, would like to be contacted but only through an intermediary, or do not want

to be contacted.

 

 

 

336)

Section

Amended Chapter Numbers:

 

23-4-3

21 and 22

 

 

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 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;

     (11)(i) For a 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

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 health;

     (ii) The work product of the 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 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) shall sunset and be repealed effective December 31,

2020; and

     (12)(i) For a 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,

healthcare providers, 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 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 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, healthcare providers, 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.

 

 

 

337)

Section

Amended Chapter Numbers:

 

23-4.1-3

371 and 372

 

 

23-4.1-3. Duties of the director.

     (a) The director of health, referred to as the "director," shall have full authority to

implement the provisions of this chapter and shall be guided by the purposes and intent of this

chapter.

     (b) The director shall cooperate with hospitals, furnishers of ambulance services, local

governments, police departments, fire departments, emergency units, first aid groups, or any other

groups that furnish or work with groups that furnish emergency medical services.

     (c) The director shall cooperate with concerned agencies and individuals to coordinate

programs for training emergency medical technicians, and other persons who provide emergency

medical care services, including dispatchers. If funds are available, the director may establish

training grants to aid groups and communities to train people in emergency medical care.

     (d) The standards used by the director under this chapter shall be reasonable and based

upon local and statewide conditions. However, the minimum standards imposed by the director

may be the standards issued by any responsible organization having its main concern the disposition

of injured persons.

     (e) The director shall annually submit a report to the governor and the general assembly.

     (f) The director shall cooperate in the coordination of ambulance services throughout the

state with local or state police and fire authorities and other concerned agencies and individuals,

including the state civil defense agency. This coordination may be tested by local exercises from

time to time.

     (g) The director shall cooperate with concerned agencies and individuals in the

development of a state communications network involving the transportation of injured persons by

vehicles licensed under this chapter and hospitals. The director may allocate available funds for the

establishing and maintenance of a communications network involving vehicles, hospitals, and other

emergency treating organizations within the state.

     (h) The director shall cooperate with concerned agencies and individuals in the

development of a plan for the coordination of ambulance dispatching services with the state.

     (i) When proposing standards under this chapter, the director shall prepare and publish for

the board a financial impact statement.

 

 

 

338)

Section

Amended Chapter Numbers:

 

23-4.1-8

371 and 372

 

 

23-4.1-8. Applications for license.

     (a) Any person, firm, partnership, corporation, municipality, volunteer units, or any other

business or organization providing ambulance service shall, at the time of license application,

furnish the director of health with a list of all persons authorized to act as an attendant of any

ambulance owned or operated by the applicant. Further, all applicants shall submit to the director

the person who shall serve as the emergency medical service physician medical director (the

“physician medical director”). The physician medical director shall be a physician board-certified

or board-eligible in emergency medicine and/or E.M.S. The physician medical director must have

an active Rhode Island license to practice medicine. The ambulance service coordinating advisory

board shall establish standards for the duties and responsibilities of the physician medical director.

     (b) The director shall provide application forms for licenses under this section.

     (c) Subject to the approval of the board, the director shall make reasonable minimum

standards of health, performance, fitness, education, and moral fitness. The director may use the

guides established by the American College of Surgeons' Board of Regents as a standard, except

that a felony conviction shall not necessarily disqualify an attendant.

     (d) Each applicant shall hold a current certificate of completion of at least an emergency

medical technical-ambulance course approved by the board. Each applicant shall hold a current

certificate of completion of either:

      (1) An emergency medical responder course;

     (2) An emergency medical technician course;

     (3) An advanced emergency medical technician course;

     (4) An advanced emergency medical technician-cardiac course; or

     (5) A paramedic course.

     These courses shall be approved by the board. The certificate needed shall be decided by

the person, firm, partnership, corporation, municipality , or any other business or organization

providing ambulance service employing the individual licensee or in the case of a volunteer unit

the unit for whom the individual licensee is volunteering for.

     (e) If there is a hardship imposed upon any applicant for a license because of an unusual

circumstance, the applicant may apply to the director for a temporary waiver of the licensing

provisions for good cause shown. The director has the power to waive licensing provisions for a

period not to exceed ninety (90) days.

 

 

 

 

 

 

 

339)

Section

Amended Chapter Numbers:

 

23-6.3-15

80 and 81

 

 

23-6.3-15. Laboratory analyses and reporting.

     (a) All biological samples or specimens taken for the purpose of performing laboratory

analysis for the detection of antibody to HIV, by or under the direction or order of any health care

healthcare provider working within the scope of his or her practice, shall be sent to the department

of health laboratory for analysis. This provision shall not apply to those HIV tests performed in a

hospital laboratory, clinical laboratories as defined in § 23-16.2-2 with testing facilities located in

Rhode Island, or to those sites performing rapid HIV testing.

     (b) Hospitals shall forward all positive confirmatory HIV test results to the department. All

sites performing HIV testing must submit an annual HIV testing report to the department in

accordance with regulations promulgated by the department.

     (c) The department laboratory shall conduct all confirmatory testing for HIV/AIDS with

the exception of written waivers issued by the department as indicated in subsection (d) below.

     (d) Sites performing non-venapuncture HIV testing (e.g., rapid testing), must seek a waiver

from the department to provide confirmatory HIV testing from a laboratory other than the state

laboratory, and shall forward all positive and negative confirmatory HIV tests results to the

department.

     (e) Except in the case of anonymous HIV testing, a health care healthcare provider

working within the scope of his or her practice providing samples of specimens for HIV testing, or

results of HIV tests to the department, shall include the name of the patient and other identifying

information including information related to the individual's health insurance policy as applicable.

     (f) Any HIV cases reported in the previous code-based system, shall remain in a code-

based data set. This does not prohibit a physician from submitting or requesting that an updated

name case report on a patient replace a previously coded case report.

 

 

 

340)

Section

Amended Chapter Numbers:

 

23-12.7-3

45 and 46

 

 

23-12.7-3. Program established.

     (a) Through funding from the Rhode Island Cancer Council, the Rhode Island department

of health is required to establish a program of free mammography screening according to American

Cancer Society standards, and, where required, follow-up, diagnostic testing, and case management

for women in the state who are uninsured or underinsured.

     (b) The screening program shall:

     (1) Secure radiology facilities to participate in the screening program;

     (2) Pay for screening mammograms;

     (3) Ensure that screening results are sent directly by mail, electronically, or otherwise, to

the patient in a timely manner;

     (4) Provide diagnostic tests as required to diagnose breast cancer;

     (5) Provide case management facilitating appropriate contact to breast surgeons, medical

oncologists, and radiation oncologists; and

     (6) Provide follow-up support to women who are found to have breast cancer as a result of

this screening program.

     (c) The director of the Rhode Island department of health is required to provide a quarterly

report to the general assembly on the program of free mammography screening, follow-up

diagnostic testing and case management, and public education. An advisory committee concerned

with advocacy, outreach, and public education shall meet on a quarterly basis and report to the

director.

 

 

 

341)

Section

Amended Chapter Numbers:

 

23-12.9-2

45 and 46

 

 

23-12.9-2. Public policy goals -- Department of health.

     The department of health, through the Rhode Island Cancer Council, is authorized and

mandated to implement the following public health policy goals as they relate to dense breast

notification in Rhode Island. Commencing on October 1, 2014, all healthcare facilities that perform

mammography examinations shall include in the summary of the mammography report to be

provided to a patient by mail, electronically, or otherwise, information that identifies the patient's

individual Breast Tissue Classification based on the Breast Imaging Reporting and Data System

established by the American College of Radiology. If the facility determines that a patient has

heterogeneously or extremely dense breasts, the summary of the mammography report shall also

include the following notice:

     "Your mammogram indicates that you have dense breast tissue. Dense breast tissue is

relatively common and is found in about forty percent (40%) of women. The presence of dense

tissue can make it more difficult to detect cancers in the breast by mammography because it can

hide small abnormalities and may be associated with an increased risk. Hence, you may benefit

from supplementary screening tests, which may include a breast ultrasound screening, or a breast

MRI examination, or both, depending on your individual risk factors.

     We are providing this information to raise your awareness of this important factor and to

encourage you to discuss your dense breast tissue, as well as other breast cancer risk factors, with

your healthcare provider. Together, you can decide which screening options are right for you.

     A report of your results was sent to your physician. You should contact your physician if

you have any questions or concerns about this report."

 

 

 

342)

Section

Added Chapter Numbers:

 

23-12.10

185 and 324

 

 

CHAPTER 23-12.10

HARM REDUCTION CENTER ADVISORY COMMITTEE AND PILOT PROGRAM

 

 

 

343)

Section

Added Chapter Numbers:

 

23-12.10-1

185 and 324

 

 

23-12.10-1. Purpose and creation -- Municipal authorization required.

     (a) The purpose of this chapter is to authorize a two-(2) year (2) pilot program to prevent

drug overdoses through the establishment of "harm reduction centers", which, as used in this

chapter, shall be defined as a community-based resource for health screening, disease prevention,

and recovery assistance where persons may safely consume pre-obtained substances.

     (b) Each harm reduction center shall provide the necessary health care healthcare

professionals to prevent overdose, and shall provide referrals for counseling or other medical

treatment that may be appropriate for persons utilizing the harm reduction center.

     (c) The director of the department of health shall promulgate regulations to authorize the

program established by this chapter, and in accordance with § 23-12.10-5. Nothing contained in

this section authorizes a harm reduction center without approval of the municipality in which the

center is proposed.

     (d)(1) Any harm reduction center proposed to be operated pursuant to the provisions of this

chapter shall require municipal authorization and approval prior to opening or operating in any

community within this state.

     (1) (2) As used in this chapter, the term "municipal authorization and approval" means an

express affirmative vote by the city or town council, or the equivalent governing body, of any

approves:

     (i) The opening and operation of the proposed harm reduction center;

     (ii) The exact location of the proposed harm reduction center, which shall include street

address and plat and lot number or other applicable number as used by the municipality's tax

assessor; and

     (iii) An express authorization as to the hours of operation of the proposed harm reduction

center.

     (e) Each harm reduction center approved for operation pursuant to the provisions of this

chapter shall cease operations on or before March 1, 2024, unless an act of the general assembly

expressly authorizes the continuation of the operation of the harm reduction center.

 

 

 

344)

Section

Added Chapter Numbers:

 

23-12.10-2

185 and 324

 

 

23-12.10-2. Establishment of advisory committee.

     There is hereby established an advisory committee to advise the director of the department

of health with respect to the regulations necessary to effectuate the purpose of this chapter. The

advisory committee shall be chaired by the director of the department of health, or the director's

designee, and consist of nine (9) additional members: one of whom shall be the attorney general,

or designee; one member from the Rhode Island Medical Society; one member from the Hospital

Association of Rhode Island; one member from the Rhode Island chapter of the American Society

of Addiction Medicine; and five (5) members appointed by the governor, one of whom shall be a

person with a substance use disorder; one of whom shall be a person working in overdose

prevention; one of whom shall be a current or former law enforcement official; one of whom shall

be a representative of the Rhode Island League of Cities and Towns; and one of whom shall be a

person who has suffered a drug overdose or a family member of a person who suffered a fatal drug

overdose.

 

 

 

 

 

 

 

345)

Section

Added Chapter Numbers:

 

23-12.10-3

185 and 324

 

 

23-12.10-3. Role of advisory committee.

     The advisory committee shall make recommendations to the director of the department of

health with respect to the following:

     (1) Maximizing the potential public health and safety benefits of harm reduction centers;

     (2) The proper disposal of hypodermic needles and syringes;

     (3) The recovery of persons utilizing such harm reduction centers;

     (4) Federal, state, and local laws impacting the creation and operation of the harm reduction

centers;

     (5) Appropriate guidance to relevant professional licensing boards;

     (6) Potential collaboration with other public health efforts;

     (7) Consideration of any other factors beneficial to promoting the public health and safety;

and

     (8) Liability protection for property owners, harm reduction center staff, and volunteers

and participants, from criminal or civil liability resulting from the operation of a harm reduction

center.

 

 

 

346)

Section

Added Chapter Numbers:

 

23-12.10-4

185 and 324

 

 

23-12.10-4. Liability protections.

     Notwithstanding any other law to the contrary, a person or entity, including, but not limited

to, property owners, managers, employees, volunteers, clients or participants, and state, city, or

town government employees acting in the course and scope of employment, shall not be arrested,

charged, or prosecuted pursuant to §§ 21-28-4.01(c)(1), § 21-28-4.06, § 21-28-4.08, § 21-28-5.06,

or § 21-28.5-2, including for attempting, aiding and abetting, or conspiracy to commit a violation

of any of those sections; nor have their property subject to forfeiture; nor be subject to any civil or

administrative penalty, including, but not limited to, disciplinary action by a professional licensing

board, credentialing restrictions, contractual or civil liability, or medical staff or other employment

action; nor be denied any right or privilege for actions, conduct, or omissions relating to the

approval or operation of a harm reduction center in compliance with this chapter and any rules and

regulations promulgated pursuant to this chapter.

 

 

 

347)

Section

Added Chapter Numbers:

 

23-12.10-5

185 and 324

 

 

23-12.10-5. Promulgation of regulations.

     The director of the department of health shall promulgate regulations authorized by this

chapter no later than March 1, 2022.

 

 

 

348)

Section

Amended Chapter Numbers:

 

23-13-14

359 and 360

 

 

23-13-14. Newborn screening program.

     (a) The physician attending a newborn child shall cause that child to be subject to newborn

screening tests for metabolic, endocrine, and hemoglobinopathy disorders, and other conditions for

which there is a medical benefit to the early detection and treatment of the disorder, and an

assessment for developmental risk. The department of health shall make rules and regulations

pertaining to screenings, diagnostic, and treatment services as accepted medical practice shall

indicate. Such The rules and regulations shall include, at a minimum, newborn screening tests for

all disorders and conditions for which there is a medical benefit to the early detection and treatment

of the disorder or condition listed in the current version of the federal Recommended Uniform

Screening Panel (RUSP) issued by the Secretary of the U.S. Department of Health and Human

Services, and shall include newborn screening tests for all new disorders or conditions for which

there is a medical benefit to the early detection and treatment of the disorder or condition added to

the federal RUSP within two (2) years after the disorder or condition is added; provided, if the

director of health determines in writing that it is not practicable to include a new disorder or

condition within two (2) years, the time period may be extended for the shortest amount of time

necessary, as determined by the director. The provisions of this section shall not apply if the parents

of the child object to the tests on the grounds that those tests conflict with their religious tenets and

practices.

     (b) In addition, the department of health is authorized to establish by rule and regulation a

reasonable fee structure for the newborn screening and disease control program, which that which

includes but is not limited to, screening, diagnostic, and treatment services. The program shall be

a covered benefit and be reimbursable by all health insurers, as defined in § 27-38.2-2(4), providing

health insurance coverage in Rhode Island except for supplemental policies which that only

provide coverage for specific diseases, hospital indemnity Medicare supplements, or other

supplemental policies. The department of human services shall pay for the program where the

patient is eligible for medical assistance under the provisions of chapter 8 of title 40. The charges

for the program shall be borne by the hospitals or other health-care healthcare facilities where

births occur in the absence of a third-party payor. Nothing in this section shall preclude the hospital

or health care healthcare facility from billing the patient directly.

     (c) There is created within the general fund a restricted receipt account to be known as the

"newborn screening account" to implement the provisions of §§ 23-13-13 and § 23-13-14. All funds

received pursuant to §§ 23-13-13 and § 23-13-14 shall be deposited in the account. Funding

dedicated exclusively to implement the provisions of §§ 23-13-13 and § 23-13-14 and received by

the department of health from sources other than those identified in §§ 23-13-13 and § 23-13-14

may also be deposited in the newborn screening account. The general treasurer is authorized and

directed to draw his or her orders on the account upon receipt of properly authenticated vouchers

from the department of health.

 

 

 

 

 

 

 

 

349)

Section

Amended Chapter Numbers:

 

23-17-2

351 and 352

 

 

23-17-2. Definitions.

     As used in this chapter:

     (1) "Affiliate" means a legal entity that is in control of, is controlled by, or is in common

control with another legal entity.

     (2) "Alzheimer's dementia special-care unit or program" means a distinct living

environment within a nursing facility that has been physically adapted to accommodate the

particular needs and behaviors of those with dementia. The unit provides increased staffing;

therapeutic activities designed specifically for those with dementia; and trains its staff on an

ongoing basis on the effective management of the physical and behavioral problems of those with

dementia. The residents of the unit/program have had a standard, medical-diagnostic evaluation

and have been determined to have a diagnosis of Alzheimer's dementia or another dementia.

     (3) "Certified nurse-teacher" means those personnel certified by the department of

elementary and secondary education and employed pursuant to the provisions of §§ 16-21-7 and

16-21-8.

     (3)(4)(i) "Change in operator" means a transfer by the governing body or operator of a

healthcare facility to any other person (excluding delegations of authority to the medical or

administrative staff of the facility) of the governing body's authority to:

     (A) Hire or fire the chief executive officer of the healthcare facility;

     (B) Maintain and control the books and records of the healthcare facility;

     (C) Dispose of assets and incur liabilities on behalf of the healthcare facility; or

     (D) Adopt and enforce policies regarding operation of the healthcare facility.

     (ii) This definition is not applicable to circumstances wherein the governing body of a

healthcare facility retains the immediate authority and jurisdiction over the activities enumerated

in subdivisions (3)(i)(A) -- (3)(i)(D) subsections (4)(i)(A) -- (4)(i)(D).

     (4)(5) "Change in owner" means:

     (i) In the case of a healthcare facility that is a partnership, the removal, addition, or

substitution of a partner that results in a new partner acquiring a controlling interest in the

partnership;

     (ii) In the case of a healthcare facility that is an unincorporated, solo proprietorship, the

transfer of the title and property to another person;

     (iii) In the case of a healthcare facility that is a corporation:

     (A) A sale, lease exchange, or other disposition of all, or substantially all, of the property

and assets of the corporation; or

     (B) A merger of the corporation into another corporation; or

     (C) The consolidation or two (2) or more corporations, resulting in the creation of a new

corporation; or

     (D) In the case of a healthcare facility that is a business corporation, any transfer of

corporate stock that results in a new person acquiring a controlling interest in the corporation; or

     (E) In the case of a healthcare facility that is a nonbusiness corporation, any change in

membership that results in a new person acquiring a controlling vote in the corporation.

     (5)(6) "Clinician" means a physician licensed under chapter 37 of title 5; a nurse licensed

under chapter 34 of title 5; a psychologist licensed under chapter 44 of title 5; a social worker

licensed under chapter 39.1 of title 5; a physical therapist licensed under chapter 40 of title 5; and

a speech language pathologist or audiologist licensed under chapter 48 of title 5.

     (6)(7) "Director" means the director of the Rhode Island state department of health.

     (7)(8) "Freestanding emergency-care facility" means an establishment, place, or facility

that may be a public or private organization, structurally distinct and separate from a hospital;

staffed, equipped, and operated to provide prompt, emergency medical care. For the purposes of

this chapter, "emergency medical care" means services provided for a medical condition or

behavioral-health condition that is manifested by symptoms of sufficient severity that, in the

absence of immediate medical attention, could result in harm to the person or others; serious

impairment to bodily functions; serious dysfunction of any bodily organ or part; or development or

continuance of severe pain.

     (8)(9) "Healthcare facility" means any institutional health-service provider, facility, or

institution, place, building, agency, or portion thereof, whether a partnership or corporation,

whether public or private, whether organized for profit or not, used, operated, or engaged in

providing healthcare services, including, but not limited to: hospitals; nursing facilities; home

nursing-care provider (which shall include skilled nursing services and may also include activities

allowed as a home-care provider or as a nursing service agency); home-care provider (which may

include services such as personal care or homemaker services); rehabilitation centers; kidney

disease treatment centers; health maintenance organizations; freestanding emergency-care facilities

as defined in this section, and facilities providing surgical treatment to patients not requiring

hospitalization (surgi-centers); hospice care, and physician ambulatory-surgery centers and

podiatry ambulatory-surgery centers providing surgical treatment. The term "health-care

healthcare facility" also includes organized ambulatory-care facilities that are not part of a hospital

but that are organized and operated to provide healthcare services to outpatients, such as: central-

services facilities serving more than one healthcare facility or healthcare provider; treatment

centers; diagnostic centers; outpatient clinics; infirmaries and health centers; school-based health

centers, and neighborhood health centers. The term "healthcare facility" also includes a mobile,

health-screening vehicle as defined in this section. The term "healthcare facility" shall not apply to

organized, ambulatory-care facilities owned and operated by professional service corporations as

defined in chapter 5.1 of title 7, as amended (the "professional service corporation law"), or to a

practitioner's (physician, dentist, or other healthcare provider) office or group of practitioners'

offices (whether owned and/or operated by a hospital or an affiliate of a hospital or an individual

practitioner, alone or as a member of a partnership, professional service corporation, organization,

or association); provided, however, notwithstanding any other provision herein or in the general

laws, any hospital or any affiliate of a hospital that owns and/or operates a practitioner's office shall

ensure that such practitioner's office complies with licensing or accreditation requirements that may

be applicable to the practitioner's office. Individual categories of healthcare facilities shall be

defined in rules and regulations promulgated by the licensing agency with the advice of the health

services council. Rules and regulations concerning hospice care shall be promulgated with regard

to the "Standards of a Hospice Program of Care," promulgated by the National Hospice

Organization. Any provider of hospice care who provides hospice care without charge shall be

exempt from the licensing provisions of this chapter but shall meet the "Standards of a Hospice

Program of Care." Facilities licensed by the department of behavioral healthcare, developmental

disabilities and hospitals and the department of human services, and clinical laboratories licensed

in accordance with chapter 16.2 of this title, as well as Christian Science institutions (also known

as Christian Science Nursing Facilities) listed and certified by the Commission for Accreditation

of Christian Science Nursing Organizations/Facilities, Inc. shall not be considered health-care

facilities for purposes of this chapter.

     (9)(10) "Homemaker," or however else called, means a trained, non-professional

nonprofessional worker who performs related housekeeping services in the home for the sick,

disabled, dependent, or infirm, and as further defined by regulation; the director shall establish

criteria for training.

     (10)(11) "Hospital" means a person or governmental entity licensed in accordance with this

chapter to establish, maintain, and operate a hospital.

     (11)(12) "Licensing agency" means the Rhode Island state department of health.

     (12)(13) "Medical services" means any professional services and supplies rendered by, or

under the direction of, persons duly licensed under the laws of this state to practice medicine,

surgery, or podiatry that may be specified by any medical service plan. Medical service shall not

be construed to include hospital services.

     (13)(14) "Mobile, health-screening vehicle" means a mobile vehicle, van, or trailer that

delivers primary and preventive healthcare screening services, and:

     (i) Does not maintain active contracts or arrangements with any health insurer subject to

regulation under chapter 20 or 42 of title 27;

     (ii) Does not maintain active contracts or arrangements with another licensed healthcare

facility as that term is defined within this section; and

     (iii) Does not provide medical services free of charge.

     (14)(15) "Non-English speaker" means a person who cannot speak or understand, or has

difficulty in speaking or understanding, the English language, because he/she uses only, or

primarily, a spoken language other than English, and/or a person who uses a sign language and

requires the use of a sign-language interpreter to facilitate communication.

     (15)(16) "Person" means any individual, trust or estate, partnership, corporation (including

associations, joint stock companies, and insurance companies), state, or political subdivision or

instrumentality of a state.

     (16)(17) "Physician ambulatory-surgery center" means an office, or portion of an office,

that is utilized for the purpose of furnishing surgical services to the owner and/or operator's own

patients on an ambulatory basis, and shall include both single-practice, physician ambulatory-

surgery centers and multi-practice, physician ambulatory-surgery centers. A "single-practice,

physician ambulatory-surgery center" is a physician ambulatory center owned and/or operated by

a physician-controlled professional service corporation as defined in chapter 5.1 of title 7 (the

"professional service corporation law"), or a physician-controlled limited-liability company (as

defined in chapter 16 of title 7 (the "limited liability company act")) in which no physician is an

officer, shareholder, director, or employee of any other corporation engaged in the practice of the

same profession, or a private physician's office (whether owned and/or operated by an individual

practitioner, alone or as a member of a partnership, professional service corporation, limited-

liability company, organization, or association). A "multi-practice, physician ambulatory-surgery

center" is a physician ambulatory-surgery center owned and/or operated by a physician-controlled

professional service corporation (as defined in the professional service corporation law) or a

physician-controlled limited-liability company (as defined in the limited liability company act) in

which a physician is also an officer, shareholder, director, or employee of another corporation

engaged in the practice of the same profession, or a group of physicians' offices (whether owned

and/or operated by an individual practitioner, alone or as a member of a partnership, professional

service corporation, limited-liability company, organization, or association).

     (17)(18) "Podiatry ambulatory-surgery center" means an office or portion of an office that

is utilized for the purpose of furnishing surgical services to the owner and/or operator's own patients

on an ambulatory basis, and shall include both single-practice, podiatry ambulatory-surgery centers

and multi-practice podiatry ambulatory-surgery centers. A "single-practice podiatry ambulatory-

surgery center" is a podiatry ambulatory center owned and/or operated by a podiatrist-controlled

professional service corporation (as defined in chapter 5.1 of title 7 (the "professional service

corporation law")), or a podiatrist-controlled limited-liability company (as defined in chapter 16 of

title 7 (the "limited liability company act")) in which no podiatrist is an officer, shareholder,

director, or employee of any other corporation engaged in the practice of the same profession, or

a private podiatrist's office (whether owned and/or operated by an individual practitioner, alone or

as a member of a partnership, professional service corporation, limited-liability company,

organization, or association). A "multi-practice, podiatry ambulatory-surgery center" is a podiatry

ambulatory-surgery center owned and/or operated by a podiatry podiatrist-controlled professional

service corporation (as defined in the professional service corporation law) or a podiatry podiatrist-

controlled, limited-liability company (as defined in the limited liability company act) in which a

podiatrist is also an officer, shareholder, director, or employee of another corporation engaged in

the practice of the same profession, or a group of podiatrists' offices (whether owned and/or

operated by a an individual practitioner, alone or as a member of a partnership, professional service

corporation, limited-liability company, organization, or association).

     (18)(19) "Qualified interpreter" means a person who, through experience and/or training,

is able to translate a particular foreign language into English, with the exception of sign-language

interpreters who must be licensed in accordance with chapter 71 of title 5.

     (19)(20) "Qualified sign-language interpreter" means one who has been licensed in

accordance with the provisions of chapter 71 of title 5.

     (20)(21) "School-based health center" means a facility located in an elementary or

secondary school licensed as a school-based health center that delivers primary and/or preventive

healthcare services to individuals to include, but not be limited to, to students on site.

 

 

 

350)

Section

Added Chapter Numbers:

 

23-17-4.1

351 and 352

 

 

23-17-4.1. Rules and regulations for school-based health centers.

     (a) On or before January 1, 2022, the department of health shall promulgate rules and

regulations for the specific licensing and operation of school-based health centers in elementary

and secondary schools. All school-based health centers as defined in § 23-17-2 shall be licensed

and operated pursuant to a school-based health center license.

     (b) The rules and regulations promulgated by the department pursuant to the provisions of

this section shall include, but not be limited to, requirements for adequate and appropriate staffing

to include a requirement for a certified nurse-teacher to be employed and present in any elementary

or secondary school with a school-based health center on site and for the establishment of standards

of care and adequate supervision and management of staff.

     (c) Pursuant to rules and regulations promulgated pursuant to the provisions of this section,

every entity applying to be licensed as a school-based health center in an elementary or secondary

school shall be responsible for:

     (1) Developing and implementing a staffing/personnel plan that includes the school's

certified nurse-teacher as a primary source of patient referrals, and articulates the role of the

certified nurse-teacher in student and family communication, care coordination, and delivery of

services to students; and

     (2) Submitting for review by the department of health, any written agreements, memoranda

of understanding, and/or other terms and conditions agreed to between the health care healthcare

facility or the entity operating the health care healthcare facility and the school district and/or

collective bargaining agent.

     (d) The department shall not issue licenses for school-based health centers or any other

health care healthcare facilities to be located in elementary or secondary schools until rules and

regulations are promulgated pursuant to the provisions of this section.

 

 

 

 

351)

Section

Added Chapter Numbers:

 

23-17.5-32

23 and 24

 

 

23-17.5-32. Minimum staffing levels.

     (a) Each facility shall have the necessary nursing service personnel (licensed and non-

licensed) in sufficient numbers on a twenty-four (24) hour basis, to assess the needs of residents,

to develop and implement resident care plans, to provide direct resident care services, and to

perform other related activities to maintain the health, safety, and welfare of residents. The facility

shall have a registered nurse on the premises twenty-four (24) hours a day.

     (b) For purposes of this section, the following definitions shall apply:

     (1) "Direct caregiver" means a person who receives monetary compensation as an

employee of the nursing facility or a subcontractor as a registered nurse, a licensed practical nurse,

a medication technician, a certified nurse assistant, a licensed physical therapist, a licensed

occupational therapist, a licensed speech-language pathologist, a mental health worker who is also

a certified nurse assistant, or a physical therapist assistant.

     (2) "Hours of direct nursing care" means the actual hours of work performed per patient

day by a direct caregiver.

     (c)(i) Commencing on January 1, 2022, nursing facilities shall provide a quarterly

minimum average of three and fifty-eight hundredths (3.58) hours of direct nursing care per

resident, per day, of which at least two and forty-four hundredths (2.44) hours shall be provided by

certified nurse assistants.

     (c)(ii) Commencing on January 1, 2023, nursing facilities shall provide a quarterly

minimum of three and eighty-one hundredths (3.81) hours of direct nursing care per resident, per

day, of which at least two and six-tenths (2.6) hours shall be provided by certified nurse assistants.

     (d) Director of nursing hours and nursing staff hours spent on administrative duties or non-

direct caregiving tasks are excluded and may not be counted toward compliance with the minimum

staffing hours requirement in this section.

     (e) The minimum hours of direct nursing care requirements shall be minimum standards

only. Nursing facilities shall employ and schedule additional staff as needed to ensure quality

resident care based on the needs of individual residents and to ensure compliance with all relevant

state and federal staffing requirements.

     (f) The department shall promulgate rules and regulations to amend the Rhode Island code

of regulations in consultation with stakeholders to implement these minimum staffing requirements

on or before October 15, 2021.

     (g) On or before January 1, 2024, and every five (5) years thereafter, the department shall

consult with consumers, consumer advocates, recognized collective bargaining agents, and

providers to determine the sufficiency of the staffing standards provided in this section and may

promulgate rules and regulations to increase the minimum staffing ratios to adequate levels.

 

 

 

352)

Section

Added Chapter Numbers:

 

23-17.5-33

23 and 24

 

 

23-17.5-33. Minimum staffing level compliance and enforcement program.

     (a) Compliance determination.

     (1) The department shall submit proposed rules and regulations for adoption by October

15, 2021, establishing a system for determining compliance with minimum staffing requirements

set forth in § 23-17.5-32.

     (2) Compliance shall be determined quarterly by comparing the number of hours provided

per resident, per day using the Centers for Medicare and Medicaid Services' payroll-based journal

and the facility's daily census, as self-reported by the facility to the department on a quarterly basis.

     (3) The department shall use the quarterly payroll-based journal and the self-reported

census to calculate the number of hours provided per resident, per day and compare this ratio to the

minimum staffing standards required under § 23-17.5-32. Discrepancies between job titles

contained in § 23-17.5-32 and the payroll-based journal shall be addressed by rules and regulations.

     (b) Monetary penalties.

     (1) The department shall submit proposed rules and regulations for adoption on or before

October 15, 2021, implementing monetary penalty provisions for facilities not in compliance with

minimum staffing requirements set forth in § 23-17.5-32.

     (2) Monetary penalties shall be imposed quarterly and shall be based on the latest quarter

for which the department has data.

     (3) No monetary penalty may be issued for noncompliance with the increase in the standard

set forth in § 23-17.5-32(c)(ii) from January 1, 2023, to March 31, 2023. If a facility is found to be

noncompliant with the increase in the standard during the period which that extends from January

1, 2023, to March 31, 2023, the department shall provide a written notice identifying the staffing

deficiencies and require the facility to provide a sufficiently detailed correction plan to meet the

statutory minimum staffing levels.

     (4) Monetary penalties shall be established based on a formula that calculates on a daily

basis the cost of wages and benefits for the missing staffing hours.

     (5) All notices of noncompliance shall include the computations used to determine

noncompliance and establishing the variance between minimum staffing ratios and the department's

computations.

     (6) The penalty for the first offense shall be two hundred percent (200%) of the cost of

wages and benefits for the missing staffing hours. The penalty shall increase to two hundred fifty

percent (250%) of the cost of wages and benefits for the missing staffing hours for the second

offense and three hundred percent (300%) of the cost of wages and benefits for the missing staffing

hours for the third and all subsequent offenses.

     (7) For facilities that have an offense in three (3) consecutive quarters, EOHHS shall deny

any further Medicaid Assistance payments with respect to all individuals entitled to benefits who

are admitted to the facility on or after January 1, 2022, or shall freeze admissions of new residents.

     (c)(1) The penalty shall be imposed regardless of whether the facility has committed other

violations of this chapter during the same period that the staffing offense occurred.

     (2) The penalty may not be waived except as provided in subsection (c)(3) of this section,

but the department shall have the discretion to determine the gravity of the violation in situations

where there is no more than a ten percent (10%) deviation from the staffing requirements and make

appropriate adjustments to the penalty.

     (3) The department is granted discretion to waive the penalty when unforeseen

circumstances have occurred that resulted in call-offs of scheduled staff. This provision shall be

applied no more than two (2) times per calendar year.

     (4) Nothing in this section diminishes a facility's right to appeal pursuant to the provisions

of chapter 35 of title 42 ("administrative procedures").

     (d)(1) Pursuant to rules and regulations established by the department, funds that are

received from financial penalties shall be used for technical assistance or specialized direct care

staff training.

     (2) The assessment of a penalty does not supplant the state's investigation process or

issuance of deficiencies or citations under title 23 this title.

     (3) A notice of noncompliance, whether or not the penalty is waived, and the penalty

assessment shall be prominently posted in the nursing facility and included on the department's

website.

 

 

 

353)

Section

Added Chapter Numbers:

 

23-17.5-34

23 and 24

 

 

23-17.5-34. Nursing staff posting requirements.

     (a) Each nursing facility shall post its daily direct care nurse staff levels by shift in a public

place within the nursing facility that is readily accessible to and visible by residents, employees,

and visitors. The posting shall be accurate to the actual number of direct care nursing staff on duty

for each shift per day. The posting shall be in a format prescribed by the director, to include:

     (1) The number of registered nurses, licensed practical nurses, certified nursing assistants,

medication technicians, licensed physical therapists, licensed occupational therapists, licensed

speech-language pathologists, mental health workers who are also certified nurse assistants, and

physical therapist assistants;

     (2) The number of temporary, outside agency nursing staff;

     (3) The resident census as of twelve o'clock (12:00) a.m.; and

     (4) Documentation of the use of unpaid eating assistants (if utilized by the nursing facility

on that date).

     (b) The posting information shall be maintained on file by the nursing facility for no less

than three (3) years and shall be made available to the public upon request.

     (c) Each nursing facility shall report the information compiled pursuant to section (a) of

this section and in accordance with department of health regulations to the department of health on

a quarterly basis in an electronic format prescribed by the director. The director shall make this

information available to the public on a quarterly basis on the department of health website,

accompanied by a written explanation to assist members of the public in interpreting the

information reported pursuant to this section.

     (d) In addition to the daily direct nurse staffing level reports, each nursing facility shall

post the following information in a legible format and in a conspicuous place readily accessible to

and visible by residents, employees, and visitors of the nursing facility:

     (1) The minimum number of nursing facility direct care staff per shift that is required to

comply with the minimum staffing level requirements in § 23-17.5-32; and

     (2) The telephone number or Internet internet website that a resident, employee, or visitor

of the nursing facility may use to report a suspected violation by the nursing facility of a regulatory

requirement concerning staffing levels and direct patient care.

     (e) No nursing facility shall discharge or in any manner discriminate or retaliate against

any resident of any nursing facility, or any relative, guardian, conservator, or sponsoring agency

thereof or against any employee of any nursing facility or against any other person because the

resident, relative, guardian, conservator, sponsoring agency, employee, or other person has filed

any complaint or instituted or caused to be instituted any proceeding under this chapter, or has

testified or is about to testify in any such proceeding or because of the exercise by the resident,

relative, guardian, conservator, sponsoring agency, employee, or other person on behalf of himself,

herself, or others of any right afforded by §§ 23-17.5-32, 23-17.5-33, and 23-17.5-34.

Notwithstanding any other provision of law to the contrary, any nursing facility that violates any

provision of this section shall:

     (1) Be liable to the injured party for treble damages; and

     (2)(i) Reinstate the employee, if the employee was terminated from employment in

violation of any provision of this section,; or

     (ii) Restore the resident to his or her the resident’s living situation prior to such

discrimination or retaliation, including his or her the resident’s housing arrangement or other

living conditions within the nursing facility, as appropriate, if the resident's living situation was

changed in violation of any provision of this section. For purposes of this section, "discriminate or

retaliate" includes, but is not limited to, the discharge, demotion, suspension, or any other

detrimental change in terms or conditions of employment or residency, or the threat of any such

action.

     (f)(1) The nursing facility shall prepare an annual report showing the average daily direct

care nurse staffing level for the nursing facility by shift and by category of nurse to include:

     (i) Registered nurses;

     (ii) Licensed

     practical nurses;

     (iii) Certified nursing assistants;

     (iv) Medication technicians;

     (v) Licensed physical therapists;

     (vi) Licensed occupational therapists;

     (vii) Licensed speech-language pathologists;

     (viii) Mental health workers who are also certified nurse assistants;

     (ix) Physical therapist assistants;

     (x) The use of registered and licensed practical nurses and certified nursing assistant staff

from temporary placement agencies; and

     (xi) The nurses nurse and certified nurse assistant turnover rates.

     (2) The annual report shall be submitted with the nursing facility's renewal application and

provide data for the previous twelve (12) months and ending on or after September 30, for the year

preceding the license renewal year. Annual reports shall be submitted in a format prescribed by the

director.

     (g) The information on nurse staffing shall be reviewed as part of the nursing facility's

annual licensing survey and shall be available to the public, both in printed form and on the

department's website, by nursing facility.

     (h) The director of nurses may act as a charge nurse only when the nursing facility is

licensed for thirty (30) beds or less.

     (i) Whenever the licensing agency determines, in the course of inspecting a nursing facility,

that additional staffing is necessary on any residential area to provide adequate nursing care and

treatment or to ensure the safety of residents, the licensing agency may require the nursing facility

to provide such additional staffing and any or all of the following actions shall be taken to enforce

compliance with the determination of the licensing agency:

     (1) The nursing facility shall be cited for a deficiency and shall be required to augment its

staff within ten (10) days in accordance with the determination of the licensing agency;

     (2) If failure to augment staffing is cited, the nursing facility shall be required to curtail

admission to the nursing facility;

     (3) If a continued failure to augment staffing is cited, the nursing facility shall be subjected

to an immediate compliance order to increase the staffing, in accordance with § 23-1- 21; or

     (4) The sequence and inclusion or non-inclusion of the specific sanctions may be modified

in accordance with the severity of the deficiency in terms of its impact on the quality of resident

care.

     (j) No nursing staff of any nursing facility shall be regularly scheduled for double shifts.

     (k) A nursing facility that fails to comply with the provisions of this chapter, or any rules

or regulations adopted pursuant thereto, shall be subject to a penalty as determined by the

department.

 

 

354)

Section

Added Chapter Numbers:

 

23-17.5-35

23 and 24

 

 

23-17.5-35. Staffing plan.

     (a) There shall be a master plan of the staffing pattern for providing twenty-four-(24) hour

(24) direct care nursing service; for the distribution of direct care nursing personnel for each

floor and/or residential area; for the replacement of direct-care nursing personnel; and for forecasting

future needs.

     (b)(1) The staffing pattern shall include provisions for registered nurses, licensed practical

nurses, certified nursing assistants, medication technicians, licensed physical therapists, licensed

occupational therapists, licensed speech-language pathologists, mental health workers who are also

certified nurse assistants, physical therapist assistants, and other personnel as required.

     (2) The number and type of nursing personnel shall be based on resident care needs and

classifications as determined for each residential area. Each nursing facility shall be responsible to

have sufficient qualified staff to meet the needs of the residents.

     (3) At least one individual who is certified in basic life support must be available twenty-

four (24) hours a day within the nursing facility.

     (4) Each nursing facility shall include direct caregivers, including at least one certified

nursing assistant, in the process to create the master plan of the staffing pattern and the federally

mandated facility assessment. If the certified nursing assistants in the nursing facility are

represented under a collective bargaining agreement, the bargaining unit shall coordinate voting to

allow the certified nursing assistants to select their representative.

 

 

 

355)

Section

Added Chapter Numbers:

 

23-17.5-36

23 and 24

 

 

23-17.5-36. Enhanced training.

     The department of labor and training shall provide grants from its workforce development

resources to eligible nursing facilities for enhanced training for direct care and support services

staff to improve resident quality of care and address the changing health care healthcare needs of

nursing facility residents due to higher acuity and increased cognitive impairments. The department

will work with stakeholders, including labor representatives, to create the eligibility criteria for the

grants. In order for facilities to be eligible they must pay their employees at least fifteen dollars

($15.00) per hour, have staff retention above the statewide median, and comply with the minimum

staffing requirements.

 

 

 

356)

Section

Added Chapter Numbers:

 

23-17.5-37

198 and 370

 

 

23-17.5-37. Access to nursing homes and long-term care facilities for essential

caregivers during declared emergency.

     (a) For purposes of this section, the following words and phrases shall have the meanings

given to them in this subsection unless the context clearly indicates otherwise:

     (1) "Declaration of disaster emergency" means a disaster emergency declared by the

governor pursuant to § 30-15-9.

     (2) "Essential caregiver" means an individual, whether a family member or friend of a

resident of a nursing home or long-term care facility, who is designated by the resident or appointed

by an individual with decision-making authority for the resident to provide physical or emotional

support to the resident during a declaration of disaster emergency.

     (3) "Nursing home or long-term care facility" means a facility licensed by the department

of health, including a long-term care facility, a skilled nursing facility, an assisted living facility, a

personal care home, or an older adult daily living center.

     (b) The department of health, shall establish rules and regulations to allow a resident of a

nursing home or long-term care facility or an individual with decision-making authority for the

resident to designate an individual as the resident's essential caregiver during a declaration of

disaster emergency. An essential caregiver shall meet the necessary qualifications to enter the long-

term care facility to provide in-person physical or emotional support to a resident of a nursing home

or long-term care facility in accordance with the rules and regulations established pursuant to this

section. The rules and regulations shall include, but not be limited to, all of the following:

     (1) Safety measures for an essential caregiver, including, but not limited to, restrictions on

travel, enhanced testing for communicable diseases, and the necessary safety equipment required

to protect the health and safety of the residents of the nursing home or long-term care facility.

     (2) Requirements allowing an essential caregiver to have regular and sustained in-person

visitation and physical access to a resident of the nursing home or long-term care facility. These

requirements may limit the nature and extent of this access, when taking into consideration public

safety concerns, but shall not totally exclude an essential caregiver’s presence.

     (3) Procedures to replace an essential caregiver due to necessary circumstances, including

illness or death of the essential caregiver.

     (4) A duration, not to exceed thirty (30) days, when a nursing home or long-term care

facility may enter a lock-down phase for the purpose of establishing safety measures for residents

of the nursing home or long-term care facility and the essential caregivers.

     (c)(1) A nursing home or long-term care facility may establish additional safety

requirements to protect the residents of the nursing home or long-term care facility if the

requirements meet all of the following criteria:

     (i) The requirements are directly linked to a declaration of disaster emergency.

     (ii) The requirements are not so burdensome and onerous as to substantially prevent an

essential caregiver from being able to physically or emotionally support a resident of the nursing

home or long-term care facility in person.

     (2) A nursing home or long-term care facility may suspend access to the nursing home or

long-term care facility for an essential caregiver who violates the rules and regulations established

under subsection (b) of this section, and the long-term care facility shall allow the resident, or an

individual with decision-making authority for the resident, to immediately designate a replacement

essential caregiver.

     (d) A nursing home or long-term care facility may require an essential caregiver to provide

personal protective equipment for himself or herself or assume the cost of the personal protective

equipment provided by the facility to allow the essential caregiver to provide in-person physical or

emotional support.

     (e) The provisions of this section shall apply for the period commencing fifteen (15) days

after a declaration of disaster emergency and until sixty (60) days after the termination or expiration

of the declaration of disaster emergency by executive order, proclamation, or operation of law.

 

 

 

357)

Section

Added Chapter Numbers:

 

23-17.28

330 and 331

 

 

CHAPTER 17.28

HOSPITAL WORKPLACE VIOLENCE PROTECTION ACT

 

 

 

358)

Section

Added Chapter Numbers:

 

23-17.28-1

330 and 331

 

 

23-17.28-1. Short title.

     This chapter shall be known and may be cited as the "Hospital Workplace Violence

Protection Act."

 

 

 

359)

Section

Added Chapter Numbers:

 

23-17.28-2

330 and 331

 

 

23-17.28-2. Definitions.

     When used in this chapter:

     (1) “Director” means the director of the Rhode Island department of health.

     (2) "Hospital" means any institutional health service provider, facility, or institution, place,

building, agency, or portion thereof, whether a partnership or corporation, whether public or

private, whether organized for profit or not, used, operated, or engaged in providing health care

healthcare services.

     (3) "Workplace violence" means any act of violence or threat of violence that occurs at a

hospital, except for a lawful act of self-defense or defense of another. The term includes, without

limitation, the use or threatened use of physical force against an employee or other provider of care,

regardless of whether the employee or other provider of care is physically or psychologically

injured.

 

 

 

360)

Section

Added Chapter Numbers:

 

23-17.28-3

330 and 331

 

 

23-17.28-3. Notification of incident.

     (a) Any hospital employee may notify their employer of any violation of law, regulation,

or standard pertaining to safety and health in the place of employment, at any time an employee

learns of a violation.

     (b) Any employee or representative of the employee may complain to the director, or any

authorized representative of the director, regarding any violation of law, regulation, or standard

pertaining to safety and health in their place of employment, regardless of whether or not the

employee has also notified or notifies their employer.

     (c) Upon receipt of an employee complaint, the director shall notify the hospital, adhering

to confidentiality requests pursuant to subsection (d) of this section, and make inquiries,

inspections, and investigations that the director considers reasonable and appropriate. When an

employee or representative of the employee has complained in writing of an alleged violation and

the director, after investigation, determines that no action will or should be taken against the

employer, the director shall furnish to the employee or representative of the employee, upon written

request, a statement of the reasons for the decision.

     (d) The director shall establish procedures for keeping confidential the identity of any

employee who requests protection of their identity in writing. When a request for confidentiality

has been made, neither a written complaint from an employee, or representative of the employee,

nor any memorandum, report, or any other writing containing the identity of a complainant may be

disclosed.

 

 

 

361)

Section

Added Chapter Numbers:

 

23-17.28-4

330 and 331

 

 

23-17.28-4. Retaliation prohibited.

     It is an unlawful employment practice for any person to bar or discharge from employment

or otherwise discriminate against any employee or prospective employee because the employee or

prospective employee has:

     (1) Made any complaint or instituted, or caused to be instituted, any proceeding under or

related to this chapter, or has testified, or is about to testify, in any such proceeding; or

     (2) In good faith reported an assault that occurred on the premises of a hospital.

 

 

 

362)

Section

Added Chapter Numbers:

 

23-17.28-5

330 and 331

 

 

23-17.28-5. Safety assessments – preventive programs.

     (a) All hospitals licensed in the state of Rhode Island shall:

     (1) Create a workplace safety committee which that shall conduct periodic security and

safety assessments to identify existing or potential hazards for assaults committed against

employees;

     (2) Develop and implement an assault prevention and protection program for employees

based on assessments conducted under subsection (a)(1) of this section; and

     (3) Provide assault prevention and protection training on a regular and ongoing basis for

employees.

     (b) An assessment conducted under subsection (a)(1) of this section shall include, but need

not be limited to:

     (1) Keeping track of the frequency of assaults committed against employees that occur on

the premises of the hospital; and

     (2) Identifying the causes and consequences of assaults against employees.

     (c) An assault prevention and protection program developed and implemented by a hospital

under subsection (a)(2) of this section shall be based on an assessment conducted under subsection

(a)(1) of this section and shall address security considerations related to the following:

     (1) Physical attributes of the hospital setting;

     (2) Staffing plans, including security staffing;

     (3) Personnel policies;

     (4) First aid and emergency procedures;

     (5) Procedures for reporting assaults; and

     (6) Education and training for employees.

     (d) Assault prevention and protection training required under subsection (a)(3) of this

section shall address the following topics:

     (1) General safety and personal safety procedures;

     (2) Escalation cycles for assaultive behaviors;

     (3) Factors that predict assaultive behaviors;

     (4) Techniques for obtaining medical history from a patient with assaultive behavior;

     (5) Verbal and physical techniques to de-escalate and minimize assaultive behaviors;

     (6) Strategies for avoiding physical harm and minimizing use of restraints;

     (7) Restraint techniques consistent with regulatory requirements;

     (8) Self-defense, including:

     (i) The amount of physical force that is reasonably necessary to protect the employee or a

third person from assault; and

     (ii) The use of the least restrictive procedures necessary under the circumstances, in

accordance with an approved behavior management plan, and any other methods of response

approved by the hospital;

     (9) Procedures for documenting and reporting incidents involving assaultive behaviors;

     (10) Programs for post-incident counseling for employees affected by the assaultive

behavior and follow-ups as needed;

     (11) Resources available to employees for coping with assaults; and

     (12) The hospital’s workplace assault prevention and protection program.

     (e) Hospitals shall provide assault prevention and protection training to a new employee

within ninety (90) days of the employee’s initial hiring date.

     (f) A hospital employer may use classes, video recordings, brochures, verbal or written

training, or any other training that the employer determines to be appropriate, based on an

employee’s job duties, under the assault prevention and protection program developed by the

employer.

     (g) At least once every two (2) years, a hospital shall establish, in coordination with the

hospital’s workplace safety committee, a process by which the committee shall review the

hospital’s assault prevention and protection program developed and implemented under subsection

(a)(2) of this section in order to evaluate the efficacy of the program and consider any changes to

the program.

 

 

 

363)

Section

Added Chapter Numbers:

 

23-17.28-6

330 and 331

 

 

23-17.28-6. Retention of records.

     (a) A hospital shall maintain a record of assaults committed against employees that occur

on the premises of the hospital. The record shall include, but need not be limited to, the following:

     (1) The name of the hospital and address of the premises on which each assault occurred;

     (2) The date, time, and specific location where the assault occurred;

     (3) The name, job title, and department or unit assignment of the employee who was

assaulted;

     (4) A physical description and identity, if known, of the person who committed the assault,

and whether the assailant was a patient, visitor, employee, or other category;

     (5) A description of the assaultive behavior as:

     (i) An assault with mild soreness, surface abrasions, scratches, or small bruises;

     (ii) An assault with major soreness, cuts, or large bruises;

     (iii) An assault with severe lacerations, a bone fracture, or a head injury; or

     (iv) An assault with loss of limb or death;

     (6) A description of the physical injury;

     (7) A description of any weapon used;

     (8) The number of employees and witnesses in the immediate area of the assault when it

occurred; and

     (9) A description of actions taken by the employees and the hospital in response to the

assault.

     (b) A hospital shall maintain the records generated as a result of compliance with

subsection (a) of this section for no fewer than five (5) years following any reported incident.

     (c) Upon the request of an employee directly involved in a reported incident, the hospital

shall generate and make available to the requesting employee a full report including the information

in the record required under subsection (a), of this section.

     (d) Upon the request of an employee representative or of a workplace safety committee

conducting a review, the hospital shall generate and make available to the requesting party a full

report including:

     (1) The information in the record required under subsection (a) of this section excluding

the name of the reporting employee; and

     (2) Information regarding work-related injuries and illnesses recorded by the hospital to

comply with applicable federal health and safety recordkeeping requirements.

     (e) The director shall adopt by rule a common recording form for the purposes of this

section.

 

 

 

364)

Section

Amended Chapter Numbers:

 

23-18.9-11

147 and 148

 

 

23-18.9-11. Prosecution of violations -- Relief in equity or by prerogative writ.

     (a) All prosecutions for the criminal violation of any provision of this chapter, or any rule

or regulation made by the director in conformance with this chapter, shall be by indictment or

information. The director, without being required to enter into any recognizance or to give surety

for cost, or the attorney general of his or her own motion, may institute the proceedings in the name

of the state. It shall be the duty of the attorney general to conduct the criminal prosecution of all

the proceedings brought by the director pursuant to this chapter.

     (b) The director may obtain relief in equity or by prerogative writ whenever relief shall be

necessary for the proper performance of his or her duties under this chapter. The superior court for

Providence County shall have the concurrent jurisdiction in equity to enforce the provisions of this

chapter and any rule, or regulation, or order issued pursuant to made by the director under this

chapter. Proceedings under this section shall follow the course of equity and shall be instituted and

prosecuted in the name of the director by the attorney general, but only upon the request of the

director for enforcement in superior court may be instituted and prosecuted in the name of the

director, by either the director or by the attorney general, and in any proceeding in which the

director or the attorney general seeks injunctive relief, it shall not be necessary to show that without

this relief, the injury that will result will be irreparable or that the remedy at law is inadequate.

Proceedings provided for in this section shall be in addition to other administrative or judicial

proceedings authorized by this chapter or pursuant to any other provision of the general laws or

common law.

 

 

 

365)

Section

Amended Chapter Numbers:

 

23-18.9-12

344 and 345

 

 

46-12.5.1-12. Notices of violations and compliance orders.

     (a) The director shall follow the procedures provided in § 42-17.1-2(21) in issuing any

notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations,

or permits promulgated thereunder.

     (b) Where an order of the director does not otherwise specify, the person against whom an

order is entered shall, within seventy-two (72) hours of the receipt of the order and before

proceeding to install a system or means to contain, abate, control, and remove the discharged oil,

submit to the director a plan or a statement describing the system or means that the person intends

to implement.

     (c) Any order or notice issued by the director shall be eligible for recordation under chapter

13 of title 34. The director shall forward the original order or notice to the city or town wherein the

subject property is located and the order or notice shall be recorded in the land evidence records in

the city or town wherein the subject property is located. Any subsequent transferee of that property

shall be responsible for complying with the requirements of the order or notice. Upon satisfactory

completion of the requirements of the order or notice, the director shall provide written notice of

the same, which notice shall be similarly eligible for recordation. The original written notice shall

be forwarded to the city or town wherein the subject property is located and the notice of

satisfactory completion shall be recorded in the land evidence records in the city or town wherein

the subject property is located.

 

 

 

366)

Section

Amended Chapter Numbers:

 

23-19.1-15

147 and 148

 

 

23-19.1-15. Proceedings for enforcement.

     The superior court for Providence county shall have concurrent jurisdiction to enforce the

provisions of this chapter and any rule, regulation, or order issued pursuant to this chapter.

Proceedings for enforcement may be instituted and prosecuted in the name of the director, by either

the director or by the attorney general, and in any proceeding in which the director or the attorney

general seeks injunctive relief is sought, it shall not be necessary for the director to show that,

without this relief, the injury which that will result will be irreparable, or that the remedy at law is

inadequate. Proceedings provided for in this section shall be in addition to other administrative or

judicial proceedings authorized by this chapter or pursuant to any other provision of the general

laws or common law.

 

 

 

367)

Section

Amended Chapter Numbers:

 

23-19.12-13

400 and 401

 

 

23-19.12-13. Denial or revoking of licenses.

     The director of the department of environmental management may deny an application for

a license, or suspend or revoke a license after it has been granted, or refuse to renew a license for

any of the following reasons:

     (1) Proof of unfitness of the applicant or licensee to engage in the business;

     (2) A material misstatement by the applicant or licensee in his or her application for a

license or renewal;

     (3) Failure of the applicant or licensee to comply with the provisions of this chapter or with

any rule or regulation promulgated pursuant to this chapter;

     (4) A history of noncompliance with environmental regulations or standards, or conviction

of any environmental crime or other crimes involving moral turpitude. This subdivision applies to:

the applicant, and officers, major stock holders, or principals of the business for which the

application is submitted or to which an existing license has been issued.

 

 

 

368)

Section

Amended Chapter Numbers:

 

23-19.14-7.1

147 and 148

 

 

3-19.14-7.1. Remedial agreements.

     In addition to exemption from liability provided for in § 23-19.14-7, for sites on which a

remedial decision letter has been issued, the state and a person who has received a remedial decision

letter may enter into a remedial agreement that includes a covenant not to sue and contribution

protection and which that describes the agreed remedial actions and shall be assignable as therein

provided. Whenever the state has entered into a remedial agreement under this section, the liability

to the state under this chapter of each party to the agreement including any future liability to the

state, arising from the release or threatened release that is the subject of the agreement shall be

limited as provided in the agreement pursuant to a covenant not to sue. The final covenant not to

sue may, at the discretion of the state, be transferred to successors or assigns that are not otherwise

found to be a responsible party under § 23-19.14-6. The covenant not to sue may provide that future

liability to the state of a person who is under the remedial agreement may be limited to the same

proportion as that established in the original agreement. A remedial agreement shall be distinct

from a letter of compliance, and the absence of a remedial agreement shall not affect or compromise

exemption to liability provided for in § 23-19.14-7.

 

 

 

369)

Section

Amended Chapter Numbers:

 

23-23-6

147 and 148

 

 

23-23-6. Investigation and hearing of complaint of pollution -- Public disclosure.

     (a) If the director shall have cause to believe that any person is violating any provision of

this chapter or rule or regulation or any order made under this chapter, it shall be the duty of the

director to cause the matter to be investigated. Except as provided in § 23-23-16, before making

any finding that a violation has occurred, that person shall be granted a hearing. At all hearings, the

director shall receive evidence and hear witnesses in behalf of the person believed to be causing air

pollution. the director shall follow the procedures provided in § 42-17.1-2(21) in issuing any notice

of violation or compliance order authorized pursuant to this chapter or any rules, regulations, or

permits promulgated thereunder.

     (b) The director shall maintain records concerning all investigations undertaken and

findings made pursuant to this section. Those records shall be made available for public inspection

and shall include the following information:

     (1) The names and addresses of persons investigated;

     (2) The date or dates of any hearing or hearings conducted with respect to those persons

and the time and place of the hearings;

     (3) Any findings made by the director after the conclusion of the hearings.

 

 

 

370)

Section

Amended Chapter Numbers:

 

23-23.7

347 and 348

 

 

CHAPTER 23-23.7

BIODIESEL PRODUCTS

 

 

 

371)

Section

Amended Chapter Numbers:

 

23-23.7-3

347 and 348

 

 

23-23.7-3. Definitions.

     As used in this chapter, the following words shall have the following meanings:

     (1) The term "ASTM" or "International" means American Society for Testing and

Materials International.

     (2) "Biobased product" shall include the following;

     (i) "Biobased liquid fuel" means a liquid fuel that is derived principally from renewable

biomass and meets the specifications or quality certification standards for use in residential,

commercial, or industrial heating applications established by ASTM International--ASTM D396,

or the appropriate successor standard, as the case may be.

     (2) “Biodiesel blend (BXX)” means a blend of biodiesel fuel with fuel oil in which the

“BXX” represents the volume percentage of biodiesel fuel in the blend as provided in the following

designations:

     (i) "B5" represents a biodiesel blend in which the volume of biodiesel fuel in the blend is

between four and one-half percent (4.5%) to five and one-half percent (5.5%);

     (ii) "B10" represents a biodiesel blend in which the volume of biodiesel fuel in the blend

is between nine and one-half percent (9.5%) to ten and one-half percent (10.5%).

     (iii) "B20" represents a biodiesel blend in which the volume of biodiesel fuel in the blend

is between nineteen and one-half percent (19.5%) to twenty and one-half percent (20.5%).

     (iv) "B50" represents a biodiesel blend in which the volume of biodiesel fuel in the blend

is forty-nine and one-half percent (49.5%) to fifty and one-half percent (50.5%).

     (ii)(3) "Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from

plant or animal matters a fuel, designated B100, that meets the requirements of ASTM D6751, or

the most recent specification and which that meet meets the registration requirements for fuels and

fuel additives established by the United States environmental protection agency Environmental

Protection Agency under section 211 of the clean air act Clean Air Act, 42 U.S.C. § 7545, and

the requirements of ASTM International--ASTM D6751.

     (4) "Biodiesel heating fuel" means a heating fuel comprised of biodiesel and/or renewable

hydrocarbon diesel that is blended with heating oil that meets the requirements of ASTM D396, or

the most recent specification, or a fuel comprised of renewable hydrocarbon diesel with petroleum

heating oil that meets the specification of ASTM D975, or other specifications as determined by

the director.

     (iii) (5) "Biomass" or "Renewable biomass" means a material, including: crops and crop

residues, trees and tree residues, organic portions of municipal solid waste, organic portions of

construction and demolition debris, grease trap waste, and algae, that can be used for fuel but does

not have a petroleum or other fossil fuel base.

     (6) "Blender" or "distributer distributor" means the person that who holds the inventory

position in the heating oil, as reflected on the records of the terminal operator. A person holds the

inventory position in heating oil when the person has a contractual agreement with the terminal

operator for the use of storage facilities and terminaling services at a terminal with respect to the

heating oil. The term also includes a terminal operator that owns heating oil in its terminal.

     (3)(7) "Director" means the director of the department of environmental management.

     (8) "Eligible Feedstock feedstock” means: soybean oil,; canola oil,; oil from annual cover

crops,; algal oil,; biogenic waste oils, fats, and greases,; camelina sativa oil,; distillers corn oil,;

distillers sorghum oil,; and commingled distillers corn and sorghum oil, provided that the

commissioner may, by rules and regulations, modify the definition of feedstock based on EPA's

potential future modifications of Table 1 of 40 C.F.R § 80.142611, and which has generated a RIN

in compliance with the federal RFS program.

     (4)(9) "Heating oil" means fuel or fuel oil used for heating residential, commercial, or

industrial properties, including No. 1 distillate, No. 2 distillate, a liquid blended with No. 1

distillate, No. 2 distillate, or a five percent (5%) biobased liquid fuel that meets the specifications

or quality certification standards for use in residential, commercial, or industrial heating

applications established by ASTM International petroleum oil refined for the purpose of use as fuel

for combustion in a space and/or water heating system that meets the requirements of ASTM D396,

or the most recent specification.

     (10) "Renewable hydrocarbon diesel" means a fuel derived from an eligible feedstock that

meets the requirements of ASTM D975, or the most recent specification. Renewable hydrocarbon

diesel shall not include any fuel from co-processed biomass with a feedstock that is not a biomass.

 

 

 

 

372)

Section

Amended Chapter Numbers

 

23-23.7-4

347 and 348

 

 

23-23.7-4. Heating oil biobased products.

     Notwithstanding any law, rule, regulation, or order to the contrary, and in accordance with

the compliance schedule established in this chapter, all No. 2 distillate heating oil sold in the state

for residential, commercial, or industrial uses within the state, shall contain, at a minimum, the

specified percentage of biobased product, unless such the requirement has been suspended pursuant

to § 23-23.7-6 23-23.7-7. The compliance schedule shall be as follows:

     (1) Not later than July 1, 2014, all No. 2 distillate heating oil sold in the state shall contain

not less than two percent (2%) of a biobased product.

     (2) Not later than July 1, 2015, all No. 2 distillate heating oil sold in the state shall contain

not less than three percent (3%) of a biobased product.

     (3) Not later than July 1, 2016, all No. 2 distillate heating oil sold in the state shall contain

not less than four percent (4%) of a biobased product.

     (4) Not later than July 1, 2017, all No. 2 distillate heating oil sold in the state shall contain

not less than five percent (5%) of a biobased product.

     (5) Not later than July 1, 2021, all No. 2 distillate heating oil sold in the state shall at a

minimum meet the standards for B5 biodiesel blend and/or renewable hydrocarbon diesel.

     (6) Not later than July 1, 2023, all No. 2 distillate heating oil sold in the state shall at a

minimum meet the standards for B10 biodiesel blend and/or renewable hydrocarbon diesel.

     (7) Not later than July 1, 2025, all No. 2 distillate heating oil sold in the state shall at a

minimum meet the standards for B20 biodiesel blend and/or renewable hydrocarbon diesel.

     (8) Not later than July 1, 2030, all No. 2 distillate heating oil sold in the state shall at a

minimum meet the standards for B50 biodiesel blend and/or renewable hydrocarbon diesel.

 

 

 

373)

Section

Amended Chapter Numbers:

 

23-23.7-5

347 and 348

 

 

23-23.7-5. Certification.

     (a) The blender or distributor of the biobased product biodiesel fuel or renewable

hydrocarbon diesel at the time of sale to a retail distributor of heating fuel shall provide certification

stating:

     (1) That the No. 2 distillate heating fuel meets ASTM International--ASTM D396 and/or

the successor standard as the case may be; and

     (2) That the biobased product biodiesel fuel or renewable hydrocarbon diesel used for

blending meets the definition of biobased product biodiesel fuel or renewable hydrocarbon diesel

in § 23-23.7-3(2) 23-23.7-3; and

     (3) The percentage of the biobased product biodiesel fuel or renewable hydrocarbon diesel

contained in the fuel.

     (b) The director shall create and provide to blenders and distributors a quarterly report form

to be filed by the blender or distributor with the department of environmental management stating

the number of gallons of biobased fuel biodiesel fuel or renewable hydrocarbon diesel sold and

certification that said gallons meet the standards set forth in this chapter.

 

 

 

374)

Section

Amended Chapter Numbers:

 

23-23.7-7

347 and 348

 

 

23-23.7-7. Suspension.

     The governor of the state of Rhode Island, or the director, may temporarily suspend the

requirements imposed by § 23-23.7-4 if it is determined that the physical availability of biobased

product biodiesel fuel and/or renewable hydrocarbon diesel heating oil which that complies with

these requirements is inadequate or unavailable at commercially reasonable prices to meet the needs

of the residential, commercial, or industrial uses in this state and the inadequate availability

constitutes an emergency, provided that the governor or director, shall specify in writing, the period

of time the suspension shall be in effect; provided that this period shall not exceed three (3) months.

Any person seeking a suspension shall submit a request in writing to the governor or director that

provides the factual basis for the suspension.

 

 

 

 

 

375)

Section

Amended Chapter Numbers:

 

23-27.3-108.2

302 and 303

 

 

23-27.3-108.2. State building commissioner's duties.

     (a) This code shall be enforced by the state building commissioner as to any structures or

buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction

of the state or any of its departments, commissions, agencies, or authorities established by an act

of the general assembly, and as to any structures or buildings or parts thereof that are built upon

any land owned by or under the jurisdiction of the state.

     (b) Permit fees for the projects shall be established by the committee. The fees shall be

deposited as general revenues.

     (c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001)

percent levy of the total construction cost for each permit issued. The levy shall be limited to a

maximum of fifty dollars ($50.00) for each of the permits issued for one- and two-family (2)

dwellings. This additional levy shall be transmitted monthly to the state building office at the

department of business regulation, and shall be used to staff and support the purchase or lease and

operation of a web-accessible service and/or system to be utilized by the state and municipalities

for uniform, statewide electronic plan review, permit management, and inspection system and other

programs described in this chapter. The fee levy shall be deposited as general revenues.

     (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide

process for electronic plan review, permit management, and inspection. The process shall include,

but not be limited to: applications; submission of building plans and plans for developments and

plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation

and collections; and workflow and report management.

     (3) On or before December 1, 2013, the building commissioner, with the assistance of the

office of regulatory reform, shall implement the standard statewide process for electronic plan

review, permit management, and inspection. In addition, the building commissioner shall develop

a technology and implementation plan for a standard web-accessible service or system to be utilized

by the state and municipalities for uniform, statewide electronic plan review, permit management,

and inspection. The plan shall include, but not be limited to: applications; submission of building

plans and plans for developments and plots; plan review; permitting; inspections; inspection

scheduling; project tracking; fee calculation and collections; and workflow and report management.

     (d) The building commissioner shall, upon request by any state contractor described in §

37-2-38.1, review, and when all conditions for certification have been met, certify to the state

controller that the payment conditions contained in § 37-2-38.1 have been met.

     (e) The building commissioner shall coordinate the development and implementation of

this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before

January 1, 2022, the building commissioner shall promulgate rules and regulations to implement

the provisions of this section and § 26-27.3-115.6 23-27.3-115.6.

     (f) The building commissioner shall submit, in coordination with the state fire marshal, a

report to the governor and general assembly on or before April 1, 2013, and each April 1st

thereafter, providing the status of the web-accessible service and/or system implementation and

any recommendations for process or system improvement. In every report submitted on or after

April, 2024, the building commissioner shall provide the following information:

     (1) The identity of every municipality in full compliance with the provisions § 23-27.3-

115.6 and the rules and regulations promulgated pursuant to the provisions of this section;

     (2) The identity of every municipality failing to fully implement and comply with the

provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the

provisions of this section, and the nature, extent, and basis or reason for the failure or

noncompliance; and

     (3) Recommendations to achieve compliance by all municipalities with the provisions of §

23-27.3-115.6 and the rules and regulations promulgated pursuant to this section.

 

 

 

376)

Section

Added Chapter Numbers:

 

23-27.3-115.6

302 and 303

 

 

23-27.3-115.6. Electronic construction permitting.

     (a) Every municipality in the state, on or before July 1, 2023, shall adopt and implement

electronic construction permitting. For purposes of this section, "electronic construction

permitting" means use of computer-based tools and services that automate and streamline the

building permit process to include, but not limited to, task-specific tools for: applications;

submission of building plans and plans for developments and plots; plan review; permitting;

inspections; inspection scheduling; project tracking; fee calculation and collection; and workflow

and report management.

     (b) The state building commissioner pursuant to the provisions of § 23-27.3-108.2 shall

promulgate rules and regulations to implement the provisions of this section.

     (c) On or before July 1, 2023, pursuant to rules and regulations promulgated by the state

building commissioner, notwithstanding any other provision of this chapter to the contrary, all acts,

requirements, filings, and documents necessary to comply with the building permit process shall

be conducted by means of electronic construction permitting. Provided, however, a municipality

may elect to delay implementation of the requirements of this section for a period of one year by

giving written notice to the state building commissioner prior to July 1, 2023. Any municipality

electing to delay implementation shall comply with the provisions of this section on or before July

1, 2024.

 

 

 

377)

Section

Added Chapter Numbers:

 

23-27.3-702

113 and 114

 

 

23-27.3-702. Gender inclusive restroom act.

     (a) Notwithstanding any other provision of the general or public laws to the contrary, any

single-user toilet facility in a public building or place of public accommodation that exists or is

constructed on or after January 1, 2023, shall be made available for use by persons of any gender,

and designated for use by not more than one occupant at a time or for family or assisted use. A

single-user toilet facility may be identified by a sign; provided, that the sign marks the facility as a

restroom and does not indicate one specific gender.

     (b) All new construction of state and municipal buildings opened to the public commenced

after July 1, 2021, and all renovations and replacements of a value in excess of fifty percent (50%)

of existing public state and municipal buildings open to the public commenced after January 1,

2022, shall provide for a single-user toilet facility available for use by persons of any gender.

     (c) A municipality may apply to the local building official for a waiver of this provision in

the case of unreasonable hardship.

     (d) During any inspection of a public building or a place of public accommodation by an

inspector, building official, or other local official responsible for code enforcement, the inspector

or official may inspect for compliance with this section.

     (e) The building codes standard committee shall adopt and promulgate all rules and

regulations required to carry out the purpose of this section.

 

 

 

378)

Section

Amended Chapter Numbers:

 

23-28.28-3

400 and 401

 

 

23-28.28-3. Manufacturing permit.

     (a) Application for a permit to manufacture explosives shall be made to the state fire

marshal in such form as the state fire marshal shall prescribe; and shall state, among other things:

     (1) The name and address of the applicant;

     (2) The reason for desiring to manufacture explosives;

     (3) The applicant's citizenship, if the applicant is an individual;

     (4) If the applicant is a partnership, the names and addresses of the partners and their

citizenship; and

     (5) If the applicant is an association or corporation, the names and addresses of the officers

and directors thereof and their citizenship.

     (b) The state fire marshal shall issue the permit applied for unless he or she finds that either

the applicant or the officers, agents, or employees of the applicant has been convicted of a crime

involving moral turpitude, or a felony, or is disloyal to the United States, or otherwise does not

qualify under rules and regulations as promulgated by the state fire marshal.

 

 

 

379)

Section

Amended Chapter Numbers:

 

23-28.28-4

400 and 401

 

 

23-28.28-4. Dealers' permits.

     (a) Application for permits to engage in the business of dealing in explosives other than

empty cartridge shells (primed), percussion caps, small arms ammunition, small arms primers,

smokeless powder, and black powder for small arms shall be made to the state fire marshal in such

form as the state fire marshal shall prescribe and shall state among other things:

     (1) The name and address of the applicant;

     (2) The reason for desiring to engage in the business of dealing in explosives;

     (3) Citizenship, if an individual application;

     (4) If a partnership, the names and addresses of the partners and their citizenship; and

     (5) If an association or corporation, the names and addresses of the officers and directors

thereof, and their citizenship.

     (b) The state fire marshal shall issue the permit applied for only to businesses for use at

their place of business unless he or she finds that either the applicant or the officer, agents, or

employees of the applicant have been convicted of a felony or crime involving moral turpitude, or

are disloyal to the United States, or otherwise do not qualify under rules and regulations as

promulgated by the state fire marshal.

 

 

 

 

380)

Section

Amended Chapter Numbers:

 

23-28.28-5

400 and 401

 

 

23-28.28-5. Permit to possess explosives.

     (a) Application for a permit to possess explosives, other than empty cartridge shells

(primed), percussion caps, small arms ammunition, small arms primers and smokeless powder for

small arms, or black powder in excess of five (5) pounds shall be made in writing to the state fire

marshal in such form as the state fire marshal shall prescribe and shall state among other things:

     (1) The name and address of the applicant;

     (2) The reason for desiring the permit to possess explosives;

     (3) The applicant's citizenship, if the applicant is an individual;

     (4) If the applicant is a partnership, the names and addresses of the partners and their

citizenship; and

     (5) If the applicant is a corporation or other business entity, the names and addresses of the

officers thereof and their citizenship.

     (b) The state fire marshal shall issue the permit applied for unless he or she finds that either

the applicant or the officers, agents, or employees of the applicant have been convicted of a felony

or a crime involving moral turpitude, or is disloyal to the United States, and, provided, further, that

no permit shall be issued to any person under the age of twenty-one (21) years of age.

     (c) Provided, however, that if the applicant holds a valid permit from the bureau of alcohol,

tobacco, and firearms of the department of treasury, then the state fire marshal may issue a permit

to possess explosives.

 

 

 

 

 

381)

Section

Added Chapter Numbers:

 

23-95

109 and 133

 

 

CHAPTER 23-95

NONDISCRIMINATION IN ACCESS TO ANATOMICAL GIFTS AND ORGAN

 

 

 

 

 

 

 

382)

Section

Added Chapter Numbers:

 

23-95-1

109 and 133

 

 

23-95-1. Short title.

     This chapter shall be known and may be cited as the "Nondiscrimination in Access to

Anatomical Gifts and Organ Transplants Act (Isaac's Law)".

 

 

 

383)

Section

Added Chapter Numbers:

 

23-95-2

109 and 133

 

 

23-95-2. Legislative purpose.

     It is the purpose of this chapter to prohibit discrimination against a potential organ

transplant recipient based solely on a person’s physical or mental disability.

 

 

 

384)

Section

Added Chapter Numbers:

 

23-95-3

109 and 133

 

 

23-95-3. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (1) "Anatomical gift" means a donation of all or part of a human body to take effect after

the donor’s death for the purpose of transplantation or transfusion.

     (2) "Auxiliary aids or services" means an aid or service that is used to provide information

to an individual with a cognitive, developmental, intellectual, neurological, or physical disability

and is available in a format or manner that allows the individual to better understand the

information. An auxiliary aid or service may include:

     (i) Qualified interpreters or other effective methods of making aurally delivered materials

available to persons with hearing impairments;

     (ii) Qualified readers, taped texts, texts in accessible electronic format, or other effective

methods of making visually delivered materials available to persons with visual impairments;

     (iii) Supported decision-making services, including:

     (A) The use of a support individual to communicate information to the individual with a

disability, ascertain the wishes of the individual, or assist the individual in making decisions;

     (B) The disclosure of information to a legal guardian, authorized representative, or another

individual designated by the individual with a disability for such purpose, as long as the disclosure

is consistent with state and federal law, including the federal "Health Insurance Portability and

Accountability Act of 1996," 42 U.S.C. 1320d et seq., and any regulations promulgated by the

United States Department of Health and Human Services to implement the act;

     (C) If an individual has a court-appointed guardian or other individual responsible for

making medical decisions on behalf of the individual, any measures used to ensure that the

individual is included in decisions involving the individual’s health care and that medical decisions

are in accordance with the individual’s own expressed interests;

     (D) Any other aid or service that is used to provide information in a format that is easily

understandable and accessible to individuals with cognitive, neurological, developmental, or

intellectual disabilities, including assistive communication technology.

     (3) "Covered entity" means:

     (i) Any licensed provider of health care healthcare services, including licensed health care

healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities,

psychiatric residential treatment facilities, institutions for individuals with intellectual or

developmental disabilities, and prison health centers;

     (ii) Any entity responsible for matching anatomical gift donors to potential recipients.

     (4) "Disability" means a disability as defined in § 42-87-1 in accordance with the

Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, at 42

U.S.C. § 12102.

     (5) "Organ transplant" means the transplantation or transfusion of a part of a human body

into the body of another for the purpose of treating or curing a medical condition.

     (6) "Qualified recipient" means an individual who has a disability and meets the essential

eligibility requirements for the receipt of an anatomical gift with or without any of the following:

     (i) Individuals or entities available to support and assist the individual with an anatomical

gift or transplantation;

     (ii) Auxiliary aids or services;

     (iii) Reasonable modifications to the policies, practices, or procedures of a covered entity,

including modifications to allow for either or both of the following:

     (A) Communication with one or more individuals or entities available to support or assist

with the recipient's care and medication after surgery or transplantation;

     (B) Consideration of support networks available to the individual, including family,

friends, and home and community-based services, including home and community-based services

funded through Medicaid, Medicare, another health plan in which the individual is enrolled, or any

program or source of funding available to the individual, when determining whether the individual

is able to comply with post-transplant medical requirements.

 

 

 

385)

Section

Added Chapter Numbers:

 

23-95-4

109 and 133

 

 

23-95-4. Discrimination prohibited.

     (a) The provisions of this chapter shall apply to all stages of the organ transplant process.

     (b) A covered entity shall not, solely on the basis of an individual's disability:

     (1) Consider the individual ineligible to receive an anatomical gift or organ transplant;

     (2) Deny medical services or other services related to organ transplantation, including

diagnostic services, evaluation, surgery, counseling, post-operative treatment, and services;

     (3) Refuse to refer the individual to a transplant center or other related specialist for the

purpose of being evaluated for or receiving an organ transplant;

     (4) Refuse to place a qualified recipient on an organ transplant waiting list;

     (5) Place a qualified recipient on an organ transplant waiting list at a lower priority position

than the position at which the individual would have been placed if the individual did not have a

disability; or,

     (6) Refuse insurance coverage for any procedure associated with being evaluated for or

receiving an anatomical gift or organ transplant, including post-transplantation and post-transfusion

care.

     (c) Notwithstanding subsection (b) of this section, a covered entity may take an individual’s

disability into account when making treatment or coverage recommendations or decisions, solely

to the extent that the disability has been found by a physician or surgeon, following personalized

evaluation of the individual, to be medically significant to the provision of the anatomical gift.

     (d) If an individual has the necessary support system to assist the individual in complying

with post-transplant medical requirements, a covered entity may not consider the individual's

inability to independently comply with post-transplant medical requirements to be medically

significant for the purposes of subsection (c) of this section.

     (e) A covered entity must make reasonable modifications to its policies, practices, or

procedures to allow individuals with disabilities access to transplantation-related services,

including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless

the entity can demonstrate that making such modifications would fundamentally alter the nature of

such services.

     (f) A covered entity must take steps necessary to ensure that an individual with a disability

is not denied medical services or other services related to organ transplantation, including

diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary

aids or services, unless the covered entity demonstrates that taking the steps would fundamentally

alter the nature of the medical services or other services related to organ transplantation or would

result in an undue burden for the covered entity.

     (g) Nothing in this section shall be deemed to require a covered entity to make a referral or

recommendation for or perform a medically inappropriate organ transplant.

     (h) A covered entity shall otherwise comply with the requirements of Titles II and III of

the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008.

 

 

 

386)

Section

Added Chapter Numbers:

 

23-95-5

109 and 133

 

 

23-95-5. Enforcement.

     (a) Whenever it appears that a covered entity has violated or is violating any of the

provisions of this chapter, the affected individual may commence a civil action for injunctive and

other equitable relief against the covered entity for purposes of enforcing compliance with this

chapter. The action may be brought in the district court for the county where the affected individual

resides or resided or was denied the organ transplant or referral.

     (b) In an action brought under this chapter, the court must give priority on its docket and

expedited review, and may grant injunctive or other equitable relief, including:

     (1) Requiring auxiliary aids or services to be made available for a qualified recipient;

     (2) Requiring the modification of a policy, practice or procedure of a covered entity; or,

     (3) Requiring facilities be made readily accessible to and usable by a qualified recipient.

     (c) Nothing in this chapter is intended to limit or replace available remedies under the

Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 or

any other applicable law.

     (d) This chapter does not create a right to compensatory or punitive damages against a

covered entity.

 

 

 

 

 

 

387)

Section

Added Chapter Numbers:

 

23-95-6

109 and 133

 

 

23-95-6. Insurance.

     (a) As used in this section, the following words and terms shall have the following

meanings:

     (1) "Covered person" means a policyholder, subscriber, enrollee, member, or individual

covered by a health benefit plan.

     (2) "Health benefit plan" means a policy, contract, certificate, or agreement entered into,

offered, or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of

the costs of health care healthcare services. "Health benefit plan" shall not include a plan providing

coverage for excepted benefits and short-term policies that have a term of less than twelve (12)

months.

     (3) "Health insurer" means an entity subject to the insurance laws and regulations of this

state, or subject to the jurisdiction of the Rhode Island health insurance commissioner, that

contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs

of health care healthcare services, including through a health benefit plan as defined in this section,

and shall include a sickness and accident insurance company, a health maintenance organization, a

preferred provider organization, or any similar entity, or any other entity providing a plan of health

insurance or health benefits.

     (b) A health insurer that provides coverage for anatomical gifts, organ transplants, or

related treatment and services shall not:

     (1) Deny coverage to a covered person solely on the basis of the person’s disability;

     (2) Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage

under the terms of the health benefit plan, solely for the purpose of avoiding the requirements of

this section;

     (3) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or

provide monetary or nonmonetary incentives to an attending provider, to induce such the provider

to provide care to an insured or enrollee in a manner inconsistent with this section; or,

     (4) Reduce or limit coverage benefits to a patient for the medical services or other services

related to organ transplantation performed pursuant to this section as determined in consultation

with the attending physician and patient.

     (c) In the case of a health benefit plan maintained pursuant to one or more collective

bargaining agreements between employee representatives and one or more employers, any plan

amendment made pursuant to a collective bargaining agreement relating to the plan which that

amends the plan solely to conform to any requirement imposed pursuant to this section shall not be

treated as a termination of the collective bargaining agreement.

     (d) Nothing in this section shall be deemed to require a health insurer to provide coverage

for a medically inappropriate organ transplant.

 

 

 

388)

Section

Added Chapter Numbers:

 

23-95-7

109 and 133

 

 

23-95-7. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any

court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate

the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph,

section, or part directly involved in the controversy in which that judgment shall have been

rendered.

 

 

 

389)

Section

Added Chapter Numbers:

 

23-96

237 and 240

 

 

CHAPTER 23-96

PROHIBITED RELEASE OF BALLOONS

 

 

 

390)

Section

Added Chapter Numbers:

 

23-96-1

237 and 240

 

 

23-96-1. Prohibited practices.

     (a) No person or entity shall intentionally release, intentionally organize the release of, or

otherwise intentionally cause the simultaneous release of ten (10) or more balloons inflated with a

gas that is lighter than air, except for:

     (1) A balloon released for scientific or meteorological purposes, on behalf of a

governmental agency or pursuant to a governmental contract;

     (2) A hot air balloon that is recovered after launching; or

     (3) A balloon that is released and remains indoors.

 

 

 

391)

Section

Added Chapter Numbers:

 

23-96-2

237 and 240

 

 

23-96-2. Penalties.

     Any person or entity who violates this section shall be subject to a civil penalty of one

hundred dollars ($100) for a first offense and up to two hundred fifty dollars ($250) for a second

or subsequent offense.

 

 

 

 

392

Section

Added Chapter Numbers:

 

23-96-3

237 and 240

 

 

23-96-3. Regulations.

     The department of environmental management shall promulgate rules and regulations as

may be necessary to implement and carry out the provisions of this chapter.

 

 

 

 

393)

Section

Amended Chapter Numbers:

 

24-6-1

194 and 195

 

 

24-6-1. Order of abandonment -- Reversion of title -- Notice.

     (a) Whenever, by the judgment of the town council of any town, a highway or driftway in

the town, or any part of either, has ceased to be useful to the public, the town council of the town

is authorized so to declare it by an order or decree that shall be final and conclusive; and, thereupon,

the title of the land upon which the highway or driftway or part thereof existed shall revert to its

owner and the town shall be no longer liable to repair the highway or driftway; provided, however,

that the town council shall cause a sign to be placed at each end of the highway or driftway, having

thereon the words "Not a public highway," and after the entry of the order or decree, shall also

cause a notice thereof to be published in a newspaper of general circulation, printed in English, at

least once each week for three (3) successive weeks in a newspaper circulated within the city or

town and a further and personal notice shall be served upon every owner of land abutting upon that

part of the highway or driftway that has been abandoned who is known to reside within this state.

Nothing contained in this chapter shall, in any manner, affect any private right-of-way over the land

so adjudged to be useless as a highway or driftway if the right had been acquired before the taking

of the land for a highway or driftway. Provided, however, that the town of Coventry and any

community with a population of not less than one hundred thousand (100,000), receiving a request

for the abandonment of a highway or driftway from an abutting property owner, may sell the

highway or driftway to the abutting owner at fair market value; and provided, further, that the town

of North Providence, upon receiving a request for the abandonment of a highway or driftway from

an abutting property owner may sell the highway or driftway to the abutting owner, at fair market

value; and provided further, that the town of New Shoreham, upon receiving a request for the

abandonment of a highway or driftway from an abutting property owner, may sell the highway or

driftway to the abutting owner at fair market value; and provided, further, that the town of

Barrington, upon receiving a request for the abandonment of a highway or driftway from an

abutting property owner, may sell the highway or driftway to the abutting owner at fair market

value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment

of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to

an abutting owner would result in the creation of a new lot that would be in compliance with the

minimum-area requirement for construction of a building that is a permitted use, may sell the

highway or driftway to the abutting owner at fair market value; and provided, further, that the city

of Warwick, upon receiving a request for the abandonment of a highway or driftway from an

abutting property owner, may sell the highway or driftway to the abutting owner at fair market

value; and provided, further, that the town of Middletown, upon receiving a request for the

abandonment of a highway or driftway from an abutting property owner, may sell the highway or

driftway to the abutting owner, at fair market value.

     (b) Provided, further, that nothing in this section shall apply to private ways regardless of

their use or maintenance thereof by any municipal corporation.

 

 

 

 

 

 

 

394)

Section

Amended Chapter Numbers:

 

24-10-17

49 and 50

 

 

24-10-17. Soliciting rides in motor vehicles.

     (a) Any person who endeavors by words, gestures, or otherwise to beg, invite, or secure

transportation in any motor vehicle on any freeway within the state, except in the case of a bona

fide emergency or in the case of sickness, shall be guilty of a misdemeanor. Violations of this

section are is subject to fines enumerated in § 31-41.1-4.

     (b) Any person who endeavors to solicit a ride in a motor vehicle in the manner described

in this section on the traveled portion of any other public highway in this state shall be guilty of a

misdemeanor. Violations of this section are subject to fines enumerated in § 31-41.1-4.

 

 

 

395)

Section

Amended Chapter Numbers:

 

34-10-18

49 and 50

 

 

24-10-18. Backing up prohibited.

     Any person who backs up a motor vehicle on a roadway or shoulder of any freeway within

the state, shall be guilty of a misdemeanor. Violations of this section are subject to fines enumerated

in § 31-41.1-4.

 

 

 

 

396)

Section

Amended Chapter Numbers:

 

25-3-3

32 and 36

 

 

25-3-3. Work on Sundays or holidays.

     (a) Work performed by employees on Sundays and holidays must be paid for at least one

and one-half (1 1/2) times the normal rate of pay for the work performed; provided: (1) that That

it is not grounds for discharge or other penalty upon any employee for refusing to work upon any

Sunday or holiday enumerated in this chapter; and (2) any Any manufacturer which that operates

for seven (7) continuous days per week is exempt from the requirement of subdivision (1).

     (b) Any manufacturer of wall-covering products which that operates for seven (7)

continuous days per week, twenty-four (24) hours per day, and has complied with the provisions

of subsection (a) is exempt from the requirement that the work be voluntary on Sundays as provided

in subsection (a); provided, that the manufacturer increases employment by at least ten percent

(10%), within one year of its conversion to continuous operation from non-continuous operation.

     (c) Any manufacturer that operates three (3) shifts, or begins its work week on Sundays,

may begin the shift or start the work week at 11:00 P.M. on Sunday and not be required to pay its

employees one and one-half (1 1/2) times the normal rate of pay during the one hour period between

11:00 P.M. Sunday and 12 midnight.

     (d) Any and all employees of a chauffeur driven limousine or taxi cab company that

operates seven (7) continuous days per week, twenty-four (24) hours per day are exempt from the

provisions of subsection (a) hereof.

     (e) Any car rental company which that operates a car rental agency at T.F. Green Airport

Rhode Island T.F. Green International Airport and is required pursuant to its lease agreement with

the Rhode Island Airport Corporation airport corporation to operate on Sundays and/or holidays

is exempt from the provisions of subsection (a) hereof with respect to work performed at its T.F.

Green Airport Rhode Island T.F. Green International Airport location.

 

 

 

397)

Section

Amended Chapter Numbers:

 

25-3-7

172 and 173

 

 

25-3-7. Exemptions.

     Whenever in the opinion of the director any class of employers, either because of the nature

of their operations or their size, should be exempted from the provisions of this chapter, the director

may do so by regulations adopted in accordance with the provisions of § 25-3-6. All regulations

establishing exemptions adopted in accordance with the provisions of § 25-3-6 prior to July 1, 2021,

shall remain in full force and effect.

 

 

 

398)

Section

Amended Chapter Numbers:

 

27-1.1-1

230 and 231

 

 

27-1.1-1. Credit allowed a domestic ceding insurer.

     (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a

reduction from liability on account of reinsurance ceded only when the reinsurer meets the

requirements of subsections (b), (c), (d), (e), (f), or (g), or (h) of this section; provided, further, that

the commissioner may adopt by regulation pursuant to § 27-1.1-4 specific additional requirements

relating to or setting forth:

     (1) The valuation of assets or reserve credits;

     (2) The amount and forms of security supporting reinsurance arrangements described in §

27-1.1-4; and

     (3) The circumstances pursuant to which credit will be reduced or eliminated.

     Credit shall be allowed under subsections (b), (c), or (d) of this section only as respects

cessions of those kinds or classes of business which the assuming insurer is licensed or otherwise

permitted to write or assume in its state of domicile or, in the case of a U.S. United States branch

of an alien assuming insurer, in the state through which it is entered and licensed to transact

insurance or reinsurance. Credit shall be allowed under subsections (d) or (e) of this section only if

the applicable requirements of subsection (h)(i) of this section have been satisfied.

     (b) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is

licensed to transact insurance or reinsurance in this state.

     (c) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is

accredited by the commissioner as a reinsurer in this state. In order to be eligible for an accreditation

a reinsurer must:

     (1) File with the commissioner evidence of its submission to this state's jurisdiction;

     (2) Submit to this state's authority to examine its books and records;

     (3) Be licensed to transact insurance or reinsurance in at least one state, or in the case of a

United States branch of an alien assuming insurer, be entered through and licensed to transact

insurance or reinsurance in at least one state;

     (4) Annually file with the commissioner a copy of its annual statement filed with the

insurance department of its state of domicile and a copy of its most recent audited financial

statement; and

     (5) Demonstrate to the satisfaction of the commissioner that it has adequate financial

capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from

domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its

application if it maintains a surplus as regards policyholders in an amount not less than twenty

million dollars ($20,000,000) and its accreditation has not been denied by the commissioner within

ninety (90) days after submission of its application.

     (d)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is

domiciled in, or in the case of a United States branch of an alien assuming insurer is entered

through, a state that employs standards regarding credit for reinsurance substantially similar to

those applicable under this statute and the assuming insurer or U.S. United States branch of an

alien assuming insurer:

     (i) Maintains a surplus regarding policyholders in an amount not less than twenty million

dollars ($20,000,000); and

     (ii) Submits to the authority of this state to examine its books and records.

     (2) Provided, that the requirement of subsection (d)(1)(i) of this section does not apply to

reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same

holding company system.

     (e)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that

maintains a trust fund in a qualified United States financial institution, as defined in § 27-1.1-3(b),

for the payment of the valid claims of its United States ceding insurers, their assigns, and successors

in interest. To enable the commissioner to determine the sufficiency of the trust fund, the assuming

insurer shall report annually to the commissioner information substantially the same as that required

to be reported on the National Association of Insurance Commissioners (NAIC) annual statement

form by licensed insurers. The assuming insurer shall submit to examination of its books and

records by the commissioner and bear the expense of examination.

     (2)(i) Credit for reinsurance shall not be granted under this subsection unless the form of

the trust and any amendments to the trust have been approved by:

     (A) The commissioner of the state where the trust is domiciled; or

     (B) The commissioner of another state who, pursuant to the terms of the trust instrument,

has accepted principal regulatory oversight of the trust.

     (ii) The form of the trust and any trust amendments shall also be filed with the

commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled.

The trust instrument shall provide that contested claims shall be valid and enforceable upon the

final order of any court of competent jurisdiction in the United States. The trust shall vest legal title

to its assets in its trustees for the benefit of the assuming insurer's U.S. United States ceding

insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject

to examination as determined by the commissioner.

     (iii) The trust shall remain in effect for as long as the assuming insurer has outstanding

obligations due under the reinsurance agreements subject to the trust. No later than February 28 of

each year the trustee of the trust shall report to the commissioner in writing the balance of the trust

and listing the trust's investments at the preceding year end and shall certify the date of termination

of the trust, if so planned, or certify that the trust will not expire prior to the following December

31.

     (3) The following requirements apply to the following categories of assuming insurer:

     (i) The trust fund for a single assuming insurer shall consist of funds in trust in an amount

not less than the assuming insurer's liabilities attributable to reinsurance ceded by U.S. United

States ceding insurers, and, in addition, the assuming insurer shall maintain a trusteed surplus of

not less than twenty million dollars ($20,000,000), except as provided in subsection (e)(3)(ii);

     (ii) At any time after the assuming insurer has permanently discontinued underwriting new

business secured by the trust for at least three (3) full years, the commissioner with principal

regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only

after a finding, based on an assessment of the risk, that the new required surplus level is adequate

for the protection of U.S. United States ceding insurers, policyholders, and claimants in light of

reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial

review, including an independent analysis of reserves and cash flows, and shall consider all material

risk factors, including, when applicable, the lines of business involved; the stability of the incurred

loss estimates; and the effect of the surplus requirements on the assuming insurer's liquidity or

solvency. The minimum required trusteed surplus may not be reduced to an amount less than thirty

percent (30%) of the assuming insurer's liabilities attributable to reinsurance ceded by U.S. United

States ceding insurers covered by the trust;

     (iii)(A) In the case of a group including incorporated and individual unincorporated

underwriters:

     (B)(I) For reinsurance ceded under reinsurance agreements with an inception, amendment

or renewal date on or after January 1, 1993, the trust shall consist of a trusteed account in an amount

not less than the respective underwriters' several liabilities attributable to business ceded by U.S.

United States domiciled ceding insurers to any underwriter of the group;

     (C)(II) For reinsurance ceded under reinsurance agreements with an inception date on or

before December 31, 1992, and not amended or renewed after that date, notwithstanding the other

provisions of this chapter, the trust shall consist of a trusteed account in an amount not less than

the respective underwriters' several insurance and reinsurance liabilities attributable to business

written in the United States;

     (D)(III) In addition to these trusts, the group shall maintain in trust a trusteed surplus of

which one hundred million dollars ($100,000,000) shall be held jointly for the benefit of the U.S.

United States domiciled ceding insurers of any member of the group for all years of account;

     (E)(B) The incorporated members of the group shall not be engaged in any business other

than underwriting as a member of the group and shall be subject to the same level of regulation and

solvency control by the group's domiciliary regulator as are the unincorporated members;

     (F)(C) Within ninety (90) days after its financial statements are due to be filed with the

group's domiciliary regulator, the group shall provide to the commissioner an annual certification

by the group's domiciliary regulator of the solvency of each underwriter member; or if a

certification is unavailable, financial statements, prepared by independent public accountants, of

each underwriter member of the group; and

     (iv) In the case of a group of incorporated underwriters under common administration the

group shall:

     (A) Have continuously transacted an insurance business outside the United States for at

least three (3) years immediately prior to making application for accreditation;

     (B) Maintain an aggregate policyholders surplus of ten billion dollars ($10,000,000,000);

     (C) Maintain a trust fund in an amount not less than the group's several liabilities

attributable to business ceded by United States domiciled ceding insurers to any member of the

group pursuant to reinsurance contracts issued in the name of the group;

     (D) In addition, maintain a joint trusted trusteed surplus of which one hundred million

dollars ($100,000,000) shall be held jointly for the benefit of U.S. United States domiciled ceding

insurers of any member of the group as additional security for these liabilities; and

     (E) Within ninety (90) days after its financial statements are due to be filed with the group's

domiciliary regulator, make available to the commissioner an annual certification of each

underwriter member's solvency by the member's domiciliary regulator and financial statements of

each underwriter member of the group prepared by its independent public accountant.

     (f) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that has

been certified by the commissioner as a reinsurer in this state and secures its obligations in

accordance with the requirements of this subsection.

     (1) In order to be eligible for certification, the assuming insurer shall meet the following

requirements:

     (i) The assuming insurer must be domiciled and licensed to transact insurance or

reinsurance in a qualified jurisdiction, as determined by the commissioner pursuant to paragraph

(f)(iii)(3) of this subsection;

     (ii) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in

an amount to be determined by the commissioner pursuant to regulation;

     (iii) The assuming insurer must maintain financial strength ratings from two or more rating

agencies deemed acceptable by the commissioner pursuant to regulation;

     (iv) The assuming insurer must agree to submit to the jurisdiction of this state, appoint the

commissioner as its agent for service of process in this state, and agree to provide security for one

hundred percent (100%) of the assuming insurer's liabilities attributable to reinsurance ceded by

U.S. United States ceding insurers if it resists enforcement of a final U.S. United States judgment;

     (v) The assuming insurer must agree to meet applicable information filing requirements as

determined by the commissioner, both with respect to an initial application for certification and on

an ongoing basis; and

     (vi) The assuming insurer must satisfy any other requirements for certification deemed

relevant by the commissioner.

     (2) An association including incorporated and individual unincorporated underwriters may

be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements

of subsection (f)(1)(i) above:

     (i) The association shall satisfy its minimum capital and surplus requirements through the

capital and surplus equivalents (net of liabilities) of the association and its members, which shall

include a joint central fund that may be applied to any unsatisfied obligation of the association or

any of its members, in an amount determined by the commissioner to provide adequate protection;

     (ii) The incorporated members of the association shall not be engaged in any business other

than underwriting as a member of the association and shall be subject to the same level of regulation

and solvency control by the association's domiciliary regulator as are the unincorporated members;

and

     (iii) Within ninety (90) days after its financial statements are due to be filed with the

association's domiciliary regulator, the association shall provide to the commissioner an annual

certification by the association's domiciliary regulator of the solvency of each underwriter member;

or if a certification is unavailable, financial statements, prepared by independent public

accountants, of each underwriter member of the association.

     (3) The commissioner shall create and publish a list of qualified jurisdictions, under which

an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for

certification by the commissioner as a certified reinsurer.

     (i) In order to determine whether the domiciliary jurisdiction of a non-U.S. United States

assuming insurer is eligible to be recognized as a qualified jurisdiction, the commissioner shall

evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the

jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits, and the extent

of reciprocal recognition afforded by the non-U.S. United States jurisdiction to reinsurers licensed

and domiciled in the U.S United States. A qualified jurisdiction must agree to share information

and cooperate with the commissioner with respect to all certified reinsurers domiciled within that

jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the commissioner

has determined that the jurisdiction does not adequately and promptly enforce final U.S. United

States judgments and arbitration awards. Additional factors may be considered in the discretion of

the commissioner;

     (ii) A list of qualified jurisdictions shall be published through the NAIC committee process.

The commissioner shall consider this list in determining qualified jurisdictions. If the commissioner

approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the

commissioner shall provide thoroughly documented justification in accordance with criteria to be

developed under regulations;

     (iii) U.S. United States jurisdictions that meet the requirement for accreditation under the

NAIC financial standards and accreditation program shall be recognized as qualified jurisdictions;

and

     (iv) If a certified reinsurer's domiciliary jurisdiction ceases to be a qualified jurisdiction,

the commissioner has the discretion to suspend the reinsurer's certification indefinitely, in lieu of

revocation.

     (4) The commissioner shall assign a rating to each certified reinsurer, giving due

consideration to the financial strength ratings that have been assigned by rating agencies deemed

acceptable to the commissioner pursuant to regulation. The commissioner shall publish a list of all

certified reinsurers and their ratings.

     (5) A certified reinsurer shall secure obligations assumed from U.S. United States ceding

insurers under this subsection at a level consistent with its rating, as specified in regulations

promulgated by the commissioner.

     (i) In order for a domestic ceding insurer to qualify for full financial statement credit for

reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form

acceptable to the commissioner and consistent with the provisions of section (3), or in a multi-

beneficiary trust in accordance with subsection (e) of this section, except as otherwise provided in

this subsection;

     (ii) If a certified reinsurer maintains a trust to fully secure its obligations subject to

subsection (e) of this section, and chooses to secure its obligations incurred as a certified reinsurer

in the form of a multi-beneficiary trust, the certified reinsurer shall maintain separate trust accounts

for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer

with reduced security as permitted by this subsection or comparable laws of other U.S. United

States jurisdictions and for its obligations subject to subsection (e) of this section. It shall be a

condition to the grant of certification under subsection (f) of this section that the certified reinsurer

shall have bound itself, by the language of the trust and agreement with the commissioner with

principal regulatory oversight of each such trust account, to fund, upon termination of any such

trust account, out of the remaining surplus of such trust any deficiency of any other such trust

account;

     (iii) The minimum trusteed surplus requirements provided in subsection D (e) are not

applicable with respect to a multi-beneficiary trust maintained by a certified reinsurer for the

purpose of securing obligations incurred under this subsection, except that such trust shall maintain

a minimum trusteed surplus of ten million dollars ($10,000,000);

     (iv) With respect to obligations incurred by a certified reinsurer under this subsection, if

the security is insufficient, the commissioner shall reduce the allowable credit by an amount

proportionate to the deficiency, and has the discretion to impose further reductions in allowable

credit upon finding that there is a material risk that the certified reinsurer's obligations will not be

paid in full when due; and

     (v) For purposes of this subsection, a certified reinsurer whose certification has been

terminated for any reason shall be treated as a certified reinsurer required to secure one hundred

percent (100%) of its obligations.

     (A) As used in this subsection, the term "terminated" refers to revocation, suspension,

voluntary surrender and inactive status; and

     (B) If the commissioner continues to assign a higher rating as permitted by other provisions

of this section, this requirement does not apply to a certified reinsurer in inactive status or to a

reinsurer whose certification has been suspended.

     (6) If an applicant for certification has been certified as a reinsurer in an NAIC-accredited

jurisdiction, the commissioner has the discretion to defer to that jurisdiction's certification, and has

the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall

be considered to be a certified reinsurer in this state.

     (7) A certified reinsurer that ceases to assume new business in this state may request to

maintain its certification in inactive status in order to continue to qualify for a reduction in security

for its in-force business. An inactive certified reinsurer shall continue to comply with all applicable

requirements of this subsection, and the commissioner shall assign a rating that takes into account,

if relevant, the reasons why the reinsurer is not assuming new business.

     (g)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer,

meeting each of the conditions set forth below.

     (i) The assuming insurer must have its head office or be domiciled in, as applicable, and

be licensed in a reciprocal jurisdiction. A "reciprocal jurisdiction" is a jurisdiction that meets one

of the following:

     (A) A non-United States jurisdiction that is subject to an in-force covered agreement with

the United States, each within its legal authority, or, in the case of a covered agreement between

the United States and European Union, is a member state of the European Union. For purposes of

this subsection, a “covered agreement” is an agreement entered into, pursuant to the Dodd-Frank

Wall Street Reform and Consumer Protection Act, 31 U.S.C. §§ 313 and 314, that is currently in

effect or in a period of provisional application and addresses the elimination, under specified

conditions, of collateral requirements, as a condition for entering into any reinsurance agreement

with a ceding insurer domiciled in this state or for allowing the ceding insurer to recognize credit

for reinsurance;

     (B) A United States jurisdiction that meets the requirements for accreditation under the

NAIC financial standards and accreditation program; or

     (C) A qualified jurisdiction, as determined by the commissioner pursuant to subsection

(f)(3) of this section, which that is not otherwise described in subsection (g)(1)(i)(A) or

(g)(1)(i)(B) of this section and which that meets certain additional requirements, consistent with

the terms and conditions of in-force covered agreements, as specified by the commissioner in

regulation.

     (ii) The assuming insurer must have and maintain, on an ongoing basis, minimum capital

and surplus, or its equivalent, calculated according to the methodology of its domiciliary

jurisdiction, in an amount to be set forth in regulation. If the assuming insurer is an association,

including incorporated and individual unincorporated underwriters, it must have and maintain, on

an ongoing basis, minimum capital and surplus equivalents (net of liabilities), calculated according

to the methodology applicable in its domiciliary jurisdiction, and a central fund containing a

balance in amounts to be set forth in regulation.

     (iii) The assuming insurer must have and maintain, on an ongoing basis, a minimum

solvency or capital ratio, as applicable, which that will be set forth in regulation. If the assuming

insurer is an association, including incorporated and individual unincorporated underwriters, it

must have and maintain, on an ongoing basis, a minimum solvency or capital ratio in the reciprocal

jurisdiction where the assuming insurer has its head office or is domiciled, as applicable, and is

also licensed.

     (iv) The assuming insurer must agree and provide adequate assurance to the commissioner,

in a form specified by the commissioner, pursuant to regulation, as follows:

     (A) The assuming insurer must provide prompt written notice and explanation to the

commissioner, if it falls below the minimum requirements set forth in subsections (g)(1)(ii) or

(g)(1)(iii) of this section, or if any regulatory action is taken against it, for serious noncompliance

with applicable law;

     (B) The assuming insurer must consent in writing to the jurisdiction of the courts of this

state and to the appointment of the commissioner, as agent for service of process. The commissioner

may require that consent for service of process, be provided to the commissioner, and included in

each reinsurance agreement. Nothing in this provision shall limit, or in any way alter, the capacity

of parties to a reinsurance agreement, to agree to alternative dispute resolution mechanisms, except

to the extent such the agreements are unenforceable under applicable insolvency or delinquency

laws;

     (C) The assuming insurer must consent in writing to pay all final judgments, wherever

enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared

enforceable in the jurisdiction where the judgment was obtained;

     (D) Each reinsurance agreement must include a provision requiring the assuming insurer

to provide security in an amount equal to one hundred percent (100%) of the assuming insurer’s

liabilities, attributable to reinsurance ceded pursuant to that agreement, if the assuming insurer

resists enforcement of a final judgment that is enforceable under the law of the jurisdiction, in

which it was obtained or a properly enforceable arbitration award, whether obtained by the ceding

insurer or by its legal successor on behalf of its resolution estate; and

     (E) The assuming insurer must confirm that it is not presently participating in any solvent

scheme of arrangement, which that involves this state’s ceding insurers, and agree to notify the

ceding insurer and the commissioner and to provide security in an amount equal to one hundred

percent (100%) of the assuming insurer’s liabilities to the ceding insurer, should the assuming

insurer enter into such a solvent scheme of arrangement. Such security shall be in a form consistent

with the provisions of subsection (g) (f) of this section and § 27-1.1-2 and as specified by the

commissioner in regulation.

     (v) The assuming insurer or its legal successor must provide, if requested by the

commissioner, on behalf of itself and any legal predecessors, certain documentation to the

commissioner, as specified by the commissioner in regulation.

     (vi) The assuming insurer must maintain a practice of prompt payment of claims under

reinsurance agreements, pursuant to criteria set forth in regulation.

     (vii) The assuming insurer’s supervisory authority must confirm to the commissioner on

an annual basis, as of the preceding December 31 or at the annual date otherwise statutorily reported

to the reciprocal jurisdiction, that the assuming insurer complies with the requirements set forth in

subsections (g)(1)(ii) and (g)(1)(iii) of this section.

     (viii) Nothing in this provision precludes an assuming insurer from providing the

commissioner with information on a voluntary basis.

     (2) The commissioner shall timely create and publish a list of reciprocal jurisdictions.

     (i) A list of reciprocal jurisdictions is published through the NAIC committee process. The

commissioner’s list shall include any reciprocal jurisdiction as defined under subsections

(g)(1)(i)(A) and (g)(1)(i)(B) of this section, and shall consider any other reciprocal jurisdiction

included on the NAIC list. The commissioner may approve a jurisdiction that does not appear on

the NAIC list of reciprocal jurisdictions, in accordance with criteria to be developed under

regulations issued by the commissioner.

     (ii) The commissioner may remove a jurisdiction from the list of reciprocal jurisdictions,

upon a determination that the jurisdiction no longer meets the requirements of a reciprocal

jurisdiction, in accordance with a process set forth in regulations issued by the commissioner,

except that the commissioner shall not remove from the list a reciprocal jurisdiction as defined

under subsections (g)(1)(i)(A) and (g)(1)(i)(B) of this section. Upon removal of a reciprocal

jurisdiction from this list, credit for reinsurance ceded to an assuming insurer which has its home

office or is domiciled in that jurisdiction shall be allowed, if otherwise allowed pursuant to this

chapter 1.1 of title 27.

     (3) The commissioner shall timely create and publish a list of assuming insurers that have

satisfied the conditions, set forth in this subsection and to which cessions shall be granted credit, in

accordance with this subsection. The commissioner may add an assuming insurer to such list, if an

NAIC accredited jurisdiction has added such assuming insurer to a list of such assuming insurers

or if, upon initial eligibility, the assuming insurer submits the information to the commissioner, as

required under subsection (g)(1)(iv) of this section and complies with any additional requirements

that the commissioner may impose by regulation, except to the extent that they conflict with an

applicable covered agreement.

     (4) If the commissioner determines that an assuming insurer no longer meets one or more

of the requirements under this subsection, the commissioner may revoke or suspend the eligibility

of the assuming insurer, for recognition under this subsection, in accordance with procedures set

forth in regulation.

     (i) While an assuming insurer’s eligibility is suspended, no reinsurance agreement issued,

amended, or renewed after the effective date of the suspension, qualifies for credit except to the

extent that the assuming insurer’s obligations under the contract are secured in accordance with §

27-1.1-2.

     (ii) If an assuming insurer’s eligibility is revoked, no credit for reinsurance may be granted

after the effective date of the revocation, with respect to any reinsurance agreements entered into

by the assuming insurer, including reinsurance agreements entered into prior to the date of

revocation, except to the extent that the assuming insurer’s obligations, under the contract, are

secured in a form acceptable to the commissioner and consistent with the provisions of § 27-1.1-2.

     (5) If subject to a legal process of rehabilitation, liquidation, or conservation, as applicable,

the ceding insurer, or its representative, may seek and, if determined appropriate by the court in

which the proceedings are pending, may obtain an order requiring that the assuming insurer post

security for all outstanding ceded liabilities.

     (6) Nothing in this subsection shall limit or in any way alter the capacity of parties to a

reinsurance agreement to agree on requirements for security or other terms in that reinsurance

agreement, except as expressly prohibited by this chapter 1.1 of title 27 or other applicable law or

regulation.

     (7) Credit may be taken under this subsection (g) only for reinsurance agreements entered

into, amended, or renewed on or after the effective date of the statute adding this subsection, and

only with respect to losses incurred and reserves reported on or after the later of:

     (i) The date on which the assuming insurer has met all eligibility requirements, pursuant to

subsection (g)(1) of this section; and

     (ii) The effective date of the new reinsurance agreement, amendment, or renewal.

     (A) This subsection (g)(7) does not alter or impair a ceding insurer’s right to take credit for

reinsurance, to the extent that credit is not available under this subsection, as long as the reinsurance

qualifies for credit, under any other applicable provision of this chapter 1.1 of title 27.

     (B) Nothing in this subsection shall authorize an assuming insurer to withdraw or reduce

the security provided under any reinsurance agreement, except as permitted by the terms of the

agreement.

     (C) Nothing in this subsection shall limit, or in any way alter, the capacity of parties to any

reinsurance agreement to renegotiate the agreement.

     (g)(h) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not

meeting the requirements of subsections (b), (c), (d), (e), or (f), or (g) of this section, but only as to

the insurance of risks located in jurisdictions where the reinsurance is required by applicable law

or regulation of that jurisdiction.

     (h)(i) If the assuming insurer is not licensed, accredited, or certified to transact insurance

or reinsurance in this state, the credit permitted by subsections (d) and (e) of this section shall not

be allowed unless the assuming insurer agrees in the reinsurance agreements:

     (1)(i) That in the event of the failure of the assuming insurer to perform its obligations

under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding

insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the

United States, will comply with all requirements necessary to give the court jurisdiction, and will

abide by the final decision of the court or of any appellate court in the event of an appeal; and

     (ii) To designate the commissioner or a designated attorney as its true and lawful attorney

upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on

behalf of the ceding insurer.

     (2) This subsection is not intended to conflict with or override the obligation of the parties

to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement.

     (i)(j) If the assuming insurer does not meet the requirements of subsections (b), (c), or (d),

or (g), the credit permitted by subsection (e) or (f) of this section shall not be allowed unless the

assuming insurer agrees in the trust agreements to the following conditions:

     (1) Notwithstanding any other provisions in the trust instrument, if the trust fund is

inadequate because it contains an amount less than the amount required by subsection (e)(iii)(3) of

this section, or if the grantor of the trust has been declared insolvent or placed into receivership,

rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile,

the trustee shall comply with an order of the commissioner with regulatory oversight over the trust

or with an order of a court of competent jurisdiction directing the trustee to transfer to the

commissioner with regulatory oversight all of the assets of the trust fund;

     (2) The assets shall be distributed by and claims shall be filed with and valued by the

commissioner with regulatory oversight in accordance with the laws of the state in which the trust

is domiciled that are applicable to the liquidation of domestic insurance companies;

     (3) If the commissioner with regulatory oversight determines that the assets of the trust

fund or any part thereof are not necessary to satisfy the claims of the U.S. United States ceding

insurers of the grantor of the trust, the assets or part thereof shall be returned by the commissioner

with regulatory oversight to the trustee for distribution in accordance with the trust agreement; and

     (4) The grantor shall waive any right otherwise available to it under U.S. United States

law that is inconsistent with this provision.

     (j)(k) If an accredited or certified reinsurer ceases to meet the requirements for

accreditation or certification, the commissioner may suspend or revoke the reinsurer's accreditation

or certification.

     (1) The commissioner must give the reinsurer notice and opportunity for hearing. The

suspension or revocation may not take effect until after the commissioner's order on hearing, unless:

     (i) The reinsurer waives its right to hearing;

     (ii) The commissioner's order is based on regulatory action by the reinsurer's domiciliary

jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact

insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of

the reinsurer under subparagraph (f)(vi)(6) of this section; or

     (iii) The commissioner finds that an emergency requires immediate action and a court of

competent jurisdiction has not stayed the commissioner's action.

     (A) (2) While a reinsurer's accreditation or certification is suspended, no reinsurance

contract issued or renewed after the effective date of the suspension qualifies for credit except to

the extent that the reinsurer's obligations under the contract are secured in accordance with Section

3 § 27-1.1-2. If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may

be granted after the effective date of the revocation except to the extent that the reinsurer's

obligations under the contract are secured in accordance with subsection (f)(v)(5) or section 3 § 27-

1.1-2.

     (k)(l) Concentration Risk.

     (1) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate

to its own book of business. A domestic ceding insurer shall notify the commissioner within thirty

(30) days after reinsurance recoverables from any single assuming insurer, or group of affiliated

assuming insurers, exceeds fifty percent (50%) of the domestic ceding insurer's last reported surplus

to policyholders, or after it is determined that reinsurance recoverables from any single assuming

insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall

demonstrate that the exposure is safely managed by the domestic ceding insurer.

     (2) A ceding insurer shall take steps to diversify its reinsurance program. A domestic

ceding insurer shall notify the commissioner within thirty (30) days after ceding to any single

assuming insurer, or group of affiliated assuming insurers, more than twenty percent (20%) of the

ceding insurer's gross written premium in the prior calendar year, or after it has determined that the

reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely

to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the

domestic ceding insurer.

 

 

 

399)

Section

Amended Chapter Numbers:

 

27-1.1-4

230 and 231

 

 

27-1.1-4. Rules and regulations.

     (a) The commissioner may adopt reasonable rules and regulations implementing the

provisions of this law.

     (b) The commissioner is further authorized to adopt rules and regulations applicable to

reinsurance arrangements described in subsection (b)(1) of this section.

     (1) A regulation adopted pursuant to this section may apply only to reinsurance relating to:

     (i) Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel

benefits;

     (ii) Universal life insurance policies with provisions resulting in the ability of a

policyholder to keep a policy in force over a secondary guarantee period;

     (iii) Variable annuities with guaranteed death or living benefits;

     (iv) Long-term-care insurance policies; or

     (v) Other life and health insurance and annuity products as to which the NAIC adopts

model regulatory requirements with respect to credit for reinsurance.

     (2) A regulation adopted pursuant to subsection (b)(1)(i) or (b)(1)(ii) of this section may

apply to any treaty containing:

     (i) Policies issued on or after January 1, 2015; and

     (ii) Policies issued prior to January 1, 2015, if risk pertaining to the pre-2015 policies is

ceded in connection with the treaty, in whole or in part, on or after January 1, 2015.

     (3) A regulation adopted pursuant to subsection (b) of this section may require the ceding

insurer, in calculating the amounts or forms of security required to be held under regulations

promulgated under this authority, to use the Valuation Manual adopted by the NAIC under Section

11B(1) of the NAIC Standard Valuation Law, including all amendments adopted by the NAIC and

in effect on the date as of which the calculation is made, to the extent applicable.

     (4) A regulation adopted pursuant to subsection (b) of this section shall not apply to

cessions to an assuming insurer that:

     (i) Meets the conditions set forth in § 27-1.1-1(g); or

     (i)(ii) Is certified in this state; or

     (ii)(iii) Maintains at least two hundred fifty million dollars ($250,000,000) in capital and

surplus when determined in accordance with the NAIC Accounting Practices and Procedures

Manual, including all amendments thereto adopted by the NAIC, excluding the impact of any

permitted or prescribed practices; and is:

     (A) Licensed in at least twenty-six (26) states; or

     (B) Licensed in at least ten (10) states, and licensed or accredited in a total of at least thirty-

five (35) states.

     (5) The authority to adopt regulations pursuant to subsection (b) of this section does not

limit the commissioner's general authority to adopt regulations pursuant to subsection (a) of this

section.

 

 

 

400)

Section

Amended Chapter Numbers:

 

27-4.6-3

Article 3, 230, and 231

 

 

27-4.6-3. Company action level event.

     (a) "Company action level event" means any of the following events:

     (1) The filing of an RBC report by an insurer that indicates that:

     (i) The insurer's total adjusted capital is greater than or equal to its regulatory action level

RBC but less than its company action level RBC;

     (ii) If a life and/or health insurer, the insurer has total adjusted capital that is greater than

or equal to its company action level RBC but less than the product of its authorized control level

RBC and 2.5 3.0 and has a negative trend; or

     (iii) If a property and casualty insurer, the insurer has total adjusted capital which that is

greater than or equal to its company action level RBC but less than the product of its authorized

control level RBC and 3.0 and triggers the trend test determined in accordance with the trend test

calculation included in the property and casualty RBC instructions.

     (2) The notification by the commissioner to the insurer of an adjusted RBC report that

indicates an event in subdivision (a)(1), provided the insurer does not challenge the adjusted RBC

report under § 27-4.6-7; or

     (3) If, pursuant to § 27-4.6-7, an insurer challenges an adjusted RBC report that indicates

the event in subdivision (a)(1), the notification by the commissioner to the insurer that the

commissioner has, after a hearing, rejected the insurer's challenge.

     (b) In the event of a company action level event, the insurer shall prepare and submit to the

commissioner an RBC plan which that shall:

     (1) Identify the conditions that contribute to the company action level event;

     (2) Contain proposals of corrective actions that the insurer intends to take and would be

expected to result in the elimination of the company action level event;

     (3) Provide projections of the insurer's financial results in the current year and at least the

four (4) succeeding years, both in the absence of proposed corrective actions and giving effect to

the proposed corrective actions, including projections of statutory operating income, net income,

capital and/or surplus. (The projections for both new and renewal business might include separate

projections for each major line of business and separately identify each significant income, expense

and benefit component);

     (4) Identify the key assumptions impacting the insurer's projections and the sensitivity of

the projections to the assumptions; and

     (5) Identify the quality of, and problems associated with, the insurer's business, including,

but not limited to, its assets, anticipated business growth and associated surplus strain,

extraordinary exposure to risk, mix of business and use of reinsurance, if any, in each case.

     (c) The RBC plan shall be submitted:

     (1) Within forty-five (45) days of the company action level event; or

     (2) If the insurer challenges an adjusted RBC report pursuant to § 27-4.6-7, within forty-

five (45) days after notification to the insurer that the commissioner has, after a hearing, rejected

the insurer's challenge.

     (d) Within sixty (60) days after the submission by an insurer of an RBC plan to the

commissioner, the commissioner shall notify the insurer whether the RBC plan shall be

implemented or is, in the judgment of the commissioner, unsatisfactory. If the commissioner

determines that the RBC plan is unsatisfactory, the notification to the insurer shall set forth the

reasons for the determination, and may set forth proposed revisions which that will render the RBC

plan satisfactory in the judgment of the commissioner. Upon notification from the commissioner,

the insurer shall prepare a revised RBC plan, which may incorporate by reference any revisions

proposed by the commissioner, and shall submit the revised RBC plan to the commissioner:

     (1) Within forty-five (45) days after the notification from the commissioner; or

     (2) If the insurer challenges the notification from the commissioner under § 27-4.6-7,

within forty-five (45) days after a notification to the insurer that the commissioner has, after a

hearing, rejected the insurer's challenge.

     (e) In the event of a notification by the commissioner to an insurer that the insurer's RBC

plan or revised RBC plan is unsatisfactory, the commissioner may at the commissioner's discretion,

subject to the insurer's right to a hearing under § 27-4.6-7, specify in the notification that the

notification constitutes a regulatory action level event.

     (f) Every domestic insurer that files an RBC plan or revised RBC plan with the

commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance

commissioner in any state in which the insurer is authorized to do business if:

     (1) That state has an RBC provision substantially similar to § 27-4.6-8(a); and

     (2) The insurance commissioner of that state has notified the insurer of its request for the

filing in writing, in which case the insurer shall file a copy of the RBC plan or revised RBC plan

in that state no later than the later of:

     (i) Fifteen (15) days after the receipt of notice to file a copy of its RBC plan or revised

RBC plan with the state; or

     (ii) The date on which the RBC plan or revised RBC plan is filed under subsections (c) and

(d) of this section.

 

 

 

401)

Section

Amended Chapter Numbers:

 

27-7-2.1

398 and 399

 

 

27-7-2.1. Uninsured motorist coverage.

     (a) No policy insuring against loss resulting from liability imposed by law for property

damage caused by collision, bodily injury, or death suffered by any person arising out of the

ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this

state with respect to any motor vehicle registered or principally garaged in this state unless coverage

is provided in or supplemental to the policy, for bodily injury or death in limits set forth in each

policy, but in no instance less than the limits set forth in § 31-31-7 § 31-47-2(13)(i)(A) under

provisions approved by the insurance commissioner, for the protection of persons insured under

the policy who are legally entitled to recover damages from owners or operators of uninsured motor

vehicles and hit-and-run motor vehicles because of property damage, bodily injury, sickness, or

disease, including death, resulting from that injury, sickness, or disease. The insurer shall provide

uninsured motorist coverage in an amount equal to the insured's bodily injury liability limits. The

named insured shall have the option of selecting a limit in writing less than the bodily injury liability

coverage, but in no event less than the limits set forth in § 31-31-7 § 31-47-2(13)(i)(A), unless the

named insured is purchasing only the minimum coverage required by compulsory insurance

provisions of the general laws, in which case the limit can be reduced to zero, but only after signing

an advisory notice approved by the director of business regulation concerning the hazard of

uninsured and underinsured motorists. That coverage shall also apply in the case of a responsible

party whose liability insurance carrier was insolvent at the time of the accident or became insolvent

subsequent to the accident.

     (b) Notwithstanding the provisions of subsection (a), the named insured shall have the

option to reject, in writing, uninsured motorist coverage for loss resulting from damage to property.

If the named insured has collision coverage for property damage to his or her vehicle, then no

coverage for uninsured motorist property damage shall be required unless the insured at his or her

option chooses to purchase that coverage.

     (c) For the purposes of this section:

     (1) "Policy insuring against loss" means a policy which that provides primary coverage

for the insured motor vehicle; and

     (2) "Property damage" means injury to or destruction of the insured vehicle, including its

loss of use and any property, excluding business property, owned by the insured while contained

in the insured vehicle.

     (d) After the selection of limits by the named insured or the exercise of the right to reject

that portion of the coverage which that applies to property damage, the insurer or any affiliated

insurer shall be required to notify the policyholder, in any renewal, reinstatement, substitute,

amended, altered, modified, transfer, or replacement policy, as to the availability of that coverage

or optional limits. The insured may, subject to the limitations expressed in this chapter, make a

written request for higher limits, newly added coverage, or coverage more extensive than that

provided on a prior policy.

     (e) Property damage caused by collision shall be subject to a two hundred dollar ($200)

deductible per claim unless otherwise agreed. Any claim submitted under the property damage

portion of this section must include the name, address, and other means of identification to establish

that the at-fault operator is without insurance. The rate for this coverage will be established as a

percentage of the existing base collision insurance rate as utilized by the majority of companies, to

be determined by the insurance commissioner.

     (f) Whenever, through subrogation, an insurance company or its insurance producer

collects a casualty loss from a third party, that company or insurance producer shall, from the funds

collected, first pay to the insured the deductible portion of the casualty loss less the prorated share

of subrogation expense and only after this retain any funds in excess of the deductible portion of

the recovery.

     (g) For the purposes of this section "uninsured motorist" shall include an underinsured

motorist. An "underinsured motorist" is the owner or operator of a motor vehicle who carries

automobile liability insurance with coverage in an amount less than the limits or damages that

persons insured pursuant to this section are legally entitled to recover because of bodily injury,

sickness, or disease, including death, resulting from that injury, sickness, or disease.

     (h) A person entitled to recover damages pursuant to this section shall not be required to

make a claim against or bring an action against the uninsured or underinsured tortfeasor as a

prerequisite to recover damages from the insurer providing coverage pursuant to this section. In the

event that the person entitled to recover against an underinsured motorist recovers from the insurer

providing coverage pursuant to this section, that insurer shall be entitled to subrogation rights

against the underinsured motorist and his or her insurance carrier. Release of the tortfeasor with the

consent of the company providing the underinsured coverage shall not extinguish or bar the claim

of the insured against the underinsurance carrier regardless of whether the claim has been

liquidated.

     (i) Whenever an insured has paid two (2) or more separate premiums for uninsured

motorists' coverage in a single policy of insurance or under several policies with the same insurance

company, the insured shall be permitted to collect up to the aggregate amount of coverage for all

of the vehicles insured, regardless of any language in the policy to the contrary.

 

 

 

402)

Section

Amended Chapter Numbers:

 

27-7-6

260 and 265

 

 

27-7-6. Rental vehicle coverage.

     (a) For liability assumed under a written contract, coverage shall be provided under the

property damage liability section of an insured's private passenger automobile insurance policy.

Property damage coverage shall extend to a rented motor vehicle, under ten thousand pounds

(10,000) lbs, (10,000 lbs.) without regard to negligence for a period not to exceed sixty (60)

consecutive days.

     (b) Coverage pursuant to subsection (a) of this section shall apply to all collision and

comprehensive type losses.

 

 

 

403)

Section

Amended Chapter Numbers:

 

27-18-58

7 and 8

 

 

27-18-58.  Prostate and colorectal examinations -- Coverage mandated -- The

Maryellen Goodwin Colorectal Cancer Screening Act.

     (a) Every individual or group hospital or accident and sickness insurance policy, medical

expense insurance policy or individual or group hospital or medical services plan contract

delivered, issued for delivery, or renewed in this state shall provide coverage for prostate and

colorectal preventive screening examinations and laboratory tests for cancer for any

nonsymptomatic person covered under that policy or contract, in accordance with the current

American Cancer Society guidelines. The coverage required by this section shall include preventive

colorectal cancer screening coverage for all colorectal cancer examinations and laboratory tests in

accordance with American Cancer Society Guidelines guidelines, including for colorectal cancer

screening of average risk individuals, including an initial colonoscopy or other medical test or

procedure for colorectal cancer screening and a follow-up colonoscopy if the results of the initial

medical test or procedure are abnormal. Provided, this section does not apply to insurance coverage

providing benefits for: (1) hospital Hospital confinement indemnity; (2) disability Disability

income; (3) accident Accident only; (4) long Long-term care; (5) Medicare supplement; (6) limited

Limited benefit health; (7) specific Specific disease indemnity; (8) sickness Sickness or bodily

injury or death by accident, or both; and (9) other Other limited benefit policies.

     (b) An insurer may not impose cost sharing on the coverage required by subsection (a) of

this section when the services are delivered within the health insurer's provider network.

 

 

 

 

 

404)

Section

Added Chapter Numbers:

 

27-18-85

109 and 133

 

 

27-18-85. Prohibition on discrimination in organ transplants.

     Pursuant to chapter 95 of title 23, any health insurer that provides coverage for anatomical

gifts, organ transplants, or related treatment and services shall not:

     (1) Deny coverage to a covered person solely on the basis of the person's disability;

     (2) Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage

under the terms of the health benefit plan, solely for the purpose of avoiding the requirements of

this section;

     (3) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or

provide monetary or nonmonetary incentives to an attending provider, to induce such the provider

to provide care to an insured or enrollee in a manner inconsistent with this section; or

     (4) Reduce or limit coverage benefits to a patient for the medical services or other services

related to organ transplantation performed pursuant to this section as determined in consultation

with the attending physician and patient.

 

 

 

405)

Section

Added Chapter Numbers:

 

27-18-86

145 and 161

 

 

27-18-86. Health insurance contracts - copayments exemption for COVID-

19 vaccinations.

     (a) Any individual or group health insurance plan or policy shall not impose any

copayment, coinsurance, or charge any out-of-pocket deductible to the insured for COVID-19

related services, including, but not limited to,: emergency services, inpatient services, provider

office visits, and inpatient hospital stays, as long as the COVID-19 state of emergency remains in

effect.

     (b) Any individual or group health insurance plan or policy shall not impose any

copayment, coinsurance, or charge any out-of-pocket deductible to the insured for the

administration of the COVID-19 vaccine or a COVID-19 test.

     (c) The health insurance commissioner shall promulgate any rules and regulations as the

commissioner deems necessary for the efficient administration and enforcement of this section.

 

 

 

406)

Section

Added Chapter Numbers:

 

27-18-87

209 and 321

 

 

27-18-87. Perinatal doulas.

     (a) As used in this section, "doula" or "perinatal doula" means a trained professional

providing continuous physical, emotional, and informational support to a pregnant individual, from

antepartum, intrapartum, and up to the first twelve (12) months of the postpartum period. Doulas

also provide assistance by referring childbearing individuals to community-based organizations

and certified and licensed perinatal professionals in multiple disciplines.

     (b) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state on or after July 1, 2022, shall provide coverage for the services of perinatal

doulas in accordance with each health insurers' insurer’s respective principles and mechanisms of

reimbursement, credentialing, and contracting, if the services are within the perinatal doulas' area

of professional competence as defined by the doula certification standard developed and maintained

by the Rhode Island certification board in collaboration with the department of health, and are

currently reimbursed when rendered by any other health care healthcare provider. No insurer or

hospital or medical service corporation may require supervision, signature, or referral by any other

health care healthcare provider as a condition of reimbursement, except when those requirements

are also applicable to other categories of health care healthcare providers. No insurer or hospital

or medical service corporation or patient may be required to pay for duplicate services actually

rendered by both a perinatal doula and any other health care healthcare provider.

     (c) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state that is required to cover perinatal doula services, as defined in subsections

(a) and (b) of this section, shall report utilization and cost information related to perinatal doula

services to the office of the health insurance commissioner on or before July 1, 2023, and each July

1 thereafter. The office of the health insurance commissioner shall define the utilization and cost

information required to be reported.

     (d) This section shall not apply to insurance coverage providing benefits for:

     (1) Hospital confinement indemnity;

     (2) Disability income;

     (3) Accident only;

     (4) Long-term care;

     (5) Medicare supplement;

     (6) Limited-benefit health;

     (7) Specified disease indemnity;

     (8) Sickness or bodily injury or death by accident or both; and

     (9) Other limited-benefit policies.

 

 

 

407)

Section

Added Chapter Numbers:

 

27-18-88

88 and 89

 

 

27-18-88. Gender rating.

     (a) No individual or group health insurance contract, plan, or policy delivered, issued for

delivery, or renewed in this state, which that provides medical coverage that includes coverage for

physician services in a physician's office, and no policy which that provides major medical or

similar comprehensive-type coverage, excluding disability income, long-term care, and insurance

supplemental policies which that only provide coverage for specified diseases or other

supplemental policies, shall vary the premium rate for a health coverage plan based on the gender

of the individual policy holders, enrollees, subscribers, or members.

     (b) This section shall not apply to insurance coverage providing benefits for any of the

following:

     (1) Hospital confinement indemnity;

     (2) Disability income;

     (3) Accident only;

     (4) Long-term care;

     (5) Medicare supplement;

     (6) Limited benefit health;

     (7) Specified disease indemnity;

     (8) Sickness of bodily injury or death by accident or both; and

     (9) Other limited benefit policies.

 

 

 

408)

Section

Amended Chapter Numbers:

 

27-19-49

7 and 8

 

 

27-19-49. Prostate and colorectal examinations -- Coverage mandated -- The

Maryellen Goodwin Colorectal Cancer Screening Act.

     (a) Subscribers to any nonprofit hospital service corporation plan shall be afforded

coverage under the plan for prostate and colorectal examinations and laboratory tests for cancer for

any nonsymptomatic person covered under the policy or plan. contract, in accordance with the

current American Cancer Society guidelines. The coverage required by this section shall include

preventive colorectal cancer screening coverage for all colorectal cancer examinations and

laboratory tests in accordance with American Cancer Society Guidelines guidelines, including for

colorectal cancer screening of average risk individuals, including an initial colonoscopy or other

medical test or procedure for colorectal cancer screening and a follow-up colonoscopy if the results

of the initial medical test or procedure are abnormal.

     (b) An insurer or the corporation may not impose cost sharing on the coverage required by

subsection (a) of this section when the services are delivered within the health insurer's provider

network.

 

 

 

409)

Section

Added Chapter Numbers:

 

27-19-77

109 and 133

 

 

27-19-77. Prohibition on discrimination in organ transplants.

     Pursuant to chapter 95 of title 23, any nonprofit hospital that provides for anatomical gifts,

organ transplants, or related treatment and services shall not:

     (1) Deny coverage to a covered person solely on the basis of the person's disability;

     (2) Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage

under the terms of the health benefit plan, solely for the purpose of avoiding the requirements of

this section;

     (3) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or

provide monetary or nonmonetary incentives to an attending provider, to induce such the provider

to provide care to an insured or enrollee in a manner inconsistent with this section; or

     (4) Reduce or limit coverage benefits to a patient for the medical services or other services

related to organ transplantation performed pursuant to this section as determined in consultation

with the attending physician and patient.

 

 

 

 

410)

Section

Added Chapter Numbers:

 

27-19-78

145 and 161

 

 

27-19-78. Health insurance contracts - copayments exemption for COVID-

19 vaccinations.

     (a) Any individual or group health insurance plan or policy shall not impose any

copayment, coinsurance, or charge any out-of-pocket deductible to the insured for COVID-19

related services, including, but not limited to,: emergency services, inpatient services, provider

office visits, and inpatient hospital stays, as long as the COVID-19 state of emergency remains in

effect.

     (b) Any individual or group health insurance plan or policy shall not impose any

copayment, coinsurance, or charge any out-of-pocket deductible to the insured for the

administration of the COVID-19 vaccine or a COVID-19 test.

     (c) The health insurance commissioner shall promulgate any rules and regulations as the

commissioner deems necessary for the efficient administration and enforcement of this section.

 

 

 

411)

Section

Added Chapter Numbers:

 

27-19-79

209 and 321

 

 

27-19-79. Perinatal doulas.

     (a) As used in this section, "doula" or "perinatal doula" means a trained professional

providing continuous physical, emotional, and informational support to a pregnant individual, from

antepartum, intrapartum, and up to the first twelve (12) months of the postpartum period. Doulas

also provide assistance by referring childbearing individuals to community-based organizations

and certified and licensed perinatal professionals in multiple disciplines.

     (b) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state on or after July 1, 2022, shall provide coverage for the services of perinatal

doulas in accordance with each health insurers' insurer’s respective principles and mechanisms of

reimbursement, credentialing, and contracting, if the services are within the perinatal doulas' area

of professional competence as defined by the doula certification standard developed and maintained

by the Rhode Island certification board in collaboration with the department of health, and are

currently reimbursed when rendered by any other health care healthcare provider. No insurer or

hospital or medical service corporation may require supervision, signature, or referral by any other

health care healthcare provider as a condition of reimbursement, except when those requirements

are also applicable to other categories of health care healthcare providers. No insurer or hospital

or medical service corporation or patient may be required to pay for duplicate services actually

rendered by both a perinatal doula and any other health care healthcare provider.

     (c) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state that is required to cover perinatal doula services, as defined in subsections

(a) and (b) of this section, shall report utilization and cost information related to perinatal doula

services to the office of the health insurance commissioner on or before July 1, 2023, and each July

1 thereafter. The office of the health insurance commissioner shall define the utilization and cost

information required to be reported.

     (d) This section shall not apply to insurance coverage providing benefits for:

     (1) Hospital confinement indemnity;

     (2) Disability income;

     (3) Accident only;

     (4) Long-term care;

     (5) Medicare supplement;

     (6) Limited-benefit health;

     (7) Specified disease indemnity;

     (8) Sickness or bodily injury or death by accident or both; and

     (9) Other limited-benefit policies.

 

 

 

412)

Section

Added Chapter Numbers:

 

27-19-80

88 and 89

 

 

27-19-80. Gender rating.

     (a) No individual or group health insurance contract, plan, or policy delivered, issued for

delivery, or renewed in this state, which that provides medical coverage that includes coverage for

physician services in a physician's office, and no policy which that provides major medical or

similar comprehensive-type coverage, excluding disability income, long-term care, and insurance

supplemental policies which that only provide coverage for specified diseases or other

supplemental policies, shall vary the premium rate for a health coverage plan based on the gender

of the individual policy holders, enrollees, subscribers, or members.

     (b) This section shall not apply to insurance coverage providing benefits for any of the

following:

     (1) Hospital confinement indemnity;

     (2) Disability income;

     (3) Accident only;

     (4) Long-term care;

     (5) Medicare supplement;

     (6) Limited benefit health;

     (7) Specified disease indemnity;

     (8) Sickness of bodily injury or death by accident or both; and

     (9) Other limited benefit policies.

 

 

 

413)

Section

Amended Chapter Numbers:

 

27-20-44

7 and 8

 

 

27-20-44. Prostate and colorectal examinations -- Coverage mandated -- The

Maryellen Goodwin Colorectal Cancer Screening Act.

     (a) Subscribers to any nonprofit medical service corporation plan shall be afforded

coverage under the plan for prostate and colorectal examinations and laboratory tests for cancer for

any nonsymptomatic person covered under the policy or plan. contract, in accordance with the

current American Cancer Society guidelines. The coverage required by this section shall include

preventive colorectal cancer screening coverage for all colorectal cancer examinations and

laboratory tests in accordance with American Cancer Society Guidelines guidelines, including for

colorectal cancer screening of average risk individuals, including an initial colonoscopy or other

medical test or procedure for colorectal cancer screening and a follow-up colonoscopy if the results

of the initial medical test or procedure are abnormal.

     (b) An insurer or the corporation may not impose cost sharing on the coverage required by

subsection (a) of this section when the services are delivered within the health insurer's provider

network.

 

 

 

414)

Section

Added Chapter Numbers:

 

27-20-73

109 and 133

 

 

27-20-73. Prohibition on discrimination in organ transplants.

     Pursuant to chapter 95 of title 23, any nonprofit medical service corporation that provides

for anatomical gifts, organ transplants, or related treatment and services shall not:

     (1) Deny coverage to a covered person solely on the basis of the person’s disability;

     (2) Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage

under the terms of the health benefit plan, solely for the purpose of avoiding the requirements of

this section;

     (3) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or

provide monetary or nonmonetary incentives to an attending provider, to induce such the provider

to provide care to an insured or enrollee in a manner inconsistent with this section; or

     (4) Reduce or limit coverage benefits to a patient for the medical services or other services

related to organ transplantation performed pursuant to this section as determined in consultation

with the attending physician and patient.

 

 

 

 

415)

Section

Added Chapter Numbers:

 

27-20-74

145 and 161

 

 

27-20-74. Health insurance contracts - copayments exemption for COVID-

19 vaccinations.

     (a) Any individual or group health insurance plan or policy shall not impose any

copayment, coinsurance, or charge any out-of-pocket deductible to the insured for COVID-19

related services, including, but not limited to,: emergency services, inpatient services, provider

office visits, and inpatient hospital stays, as long as the COVID-19 state of emergency remains in

effect.

     (b) Any individual or group health insurance plan or policy shall not impose any

copayment, coinsurance, or charge any out-of-pocket deductible to the insured for the

administration of the COVID-19 vaccine or a COVID-19 test.

     (c) The health insurance commissioner shall promulgate any rules and regulations as the

commissioner deems necessary for the efficient administration and enforcement of this section.

 

 

 

 

 

 

 

416)

Section

Added Chapter Numbers:

 

27-20-75

209 and 321

 

 

27-20-75. Perinatal doulas.

     (a) As used in this section, "doula" or "perinatal doula" means a trained professional

providing continuous physical, emotional, and informational support to a pregnant individual, from

antepartum, intrapartum, and up to the first twelve (12) months of the postpartum period. Doulas

also provide assistance by referring childbearing individuals to community-based organizations

and certified and licensed perinatal professionals in multiple disciplines.

     (b) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state on or after July 1, 2022, shall provide coverage for the services of perinatal

doulas in accordance with each health insurers' insurer’s respective principles and mechanisms of

reimbursement, credentialing, and contracting, if the services are within the perinatal doulas' area

of professional competence as defined by the doula certification standard developed and maintained

by the Rhode Island certification board in collaboration with the department of health, and are

currently reimbursed when rendered by any other health care healthcare provider. No insurer or

hospital or medical service corporation may require supervision, signature, or referral by any other

health care healthcare provider as a condition of reimbursement, except when those requirements

are also applicable to other categories of health care healthcare providers. No insurer or hospital

or medical service corporation or patient may be required to pay for duplicate services actually

rendered by both a perinatal doula and any other health care healthcare provider.

     (c) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state that is required to cover perinatal doula services, as defined in subsections

(a) and (b) of this section, shall report utilization and cost information related to perinatal doula

services to the office of the health insurance commissioner on or before July 1, 2023, and each July

1 thereafter. The office of the health insurance commissioner shall define the utilization and cost

information required to be reported.

     (d) This section shall not apply to insurance coverage providing benefits for:

     (1) Hospital confinement indemnity;

     (2) Disability income;

     (3) Accident only;

     (4) Long-term care;

     (5) Medicare supplement;

     (6) Limited-benefit health;

     (7) Specified disease indemnity;

     (8) Sickness or bodily injury or death by accident or both; and

     (9) Other limited-benefit policies.

 

 

 

 

417)

Section

Added Chapter Numbers:

 

27-20-76

88 and 89

 

 

27-20-76. Gender rating.

     (a) No individual or group health insurance contract, plan, or policy delivered, issued for

delivery, or renewed in this state, which that provides medical coverage that includes coverage for

physician services in a physician's office, and no policy which that provides major medical or

similar comprehensive-type coverage, excluding disability income, long-term care, and insurance

supplemental policies which that only provide coverage for specified diseases or other

supplemental policies, shall vary the premium rate for a health coverage plan based on the gender

of the individual policy holders, enrollees, subscribers, or members.

     (b) This section shall not apply to insurance coverage providing benefits for any of the

following:

     (1) Hospital confinement indemnity;

     (2) Disability income;

     (3) Accident only;

     (4) Long-term care;

     (5) Medicare supplement;

     (6) Limited benefit health;

     (7) Specified disease indemnity;

     (8) Sickness of bodily injury or death by accident or both; and

     (9) Other limited benefit policies.

 

 

 

 

418)

Section

Added Chapter Numbers:

 

27-20.8-3

110 and 163

 

 

27-20.8-3. Co-pay cap for prescription insulin.

     (a) As used in this section, unless the context otherwise requires, "prescription insulin drug"

means a prescription drug, as defined in § 21-31-2, that contains insulin and is used to treat diabetes.

     (b) A health plan that provides coverage for prescription insulin drugs pursuant to the terms

of a health coverage plan the health plan offers shall cap the total amount that a covered person is

required to pay for a covered prescription insulin drug at an amount not to exceed forty dollars

($40.00), per thirty-(30) day (30) supply of insulin. Coverage for prescription insulin drugs shall

not be subject to any deductible.

     (c) Nothing in this section prevents a health plan from reducing a covered person's cost

sharing to an amount less than the amount specified in subsection (b) of this section.

     (d) The office of the health insurance commissioner may use any of its enforcement powers

to obtain a health plan's compliance with this section.

     (e) The office of the health insurance commissioner may promulgate rules and regulations

as necessary to implement and administer this section and to align with federal requirements.

 

 

 

 

419)

Section

Added Chapter Numbers:

 

27-20.8-4

164 and 165

 

 

27-20.8-4. Price disclosure.

A plan sponsor, health insurance carrier, or pharmacy benefit benefits manager

     shall not prohibit a pharmacist from providing an insured information regarding the amount

     of the insured's cost share for a prescription drug. Neither a pharmacy nor a pharmacist

     shall be penalized by a pharmacy benefits manager for discussing any information

     described in this section or for selling a lower-priced drug to the insured if one is available.

 

 

 

 

420)

Section

Amended Chapter Numbers:

 

27-35-1

230 and 231

 

 

27-35-1. Definitions.

     (a) "Affiliate." An "affiliate" of, or person "affiliated" with, a specific person, is a person

who directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is

under common control with, the person specified. An "affiliate" does not include a protected cell

of a protected cell company organized under the protected cell companies act, chapter 64 of this

title.

     (b) "Commissioner." The term "commissioner" means the director of the department of

business regulation and any assistant to the director definition prescribed by § 42-14-5 designated

and authorized by him or her while acting under that designation.

     (c) "Control." The term "control" (including the terms "controlling," "controlled by," and

"under common control with"), means the possession, direct or indirect, of the power to direct or

cause the direction of the management and policies of a person, whether through the ownership of

voting securities, by contract other than a commercial contract for goods or management services,

or otherwise, unless the power is the result of an official position with or corporate office held by

the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls,

holds with the power to vote, or holds proxies representing, ten percent (10%) or more of the voting

securities of any other person. This presumption may be rebutted by a showing made in the manner

provided by § 27-35-3(k) that control does not exist in fact. The commissioner may determine, after

furnishing all persons in interest notice and opportunity to be heard and making specific findings

of fact to support the determination, that control exists in fact, notwithstanding the absence of a

presumption to that effect.

     (d) "Group capital calculation instructions" means the group capital calculation

instructions, as adopted by the NAIC and as amended by the NAIC from time to time, in accordance

with the procedures adopted by the NAIC.

     (d)(e) "Group-wide supervisor" means the regulatory official authorized to engage in

conducting and coordinating group wide supervision activities who is determined or acknowledged

by the commissioner under § 27-35-5.5(d) to have sufficient significant contacts with the

internationally active insurance group.

     (e)(f) "Insurance holding company system." An "insurance holding company system"

consists of two (2) or more affiliated persons, one or more of which is an insurer.

     (f)(g) "Insurer." The term "insurer" means any person or persons or corporation,

partnership, or company authorized by the laws of this state to transact the business of insurance in

this state, including entities organized or authorized to transact business in this state pursuant to

chapters 19, 20, 20.1, 20.2, 20.3, and 41 of this title, except that it shall not include agencies,

authorities, or instrumentalities of the United States, its possessions and territories, the

Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a

state.

     (g)(h) "Internationally active insurance group" means an insurance holding company

system that:

     (1) Includes an insurer registered under § 27-35-3; and

     (2) Meets the following criteria:

     (i) Premiums written in at least three (3) countries;

     (ii) The percentage of gross premiums written outside the United States is at least ten

percent (10%) of the insurance holding company system's total gross written premiums; and

     (iii) Based on a three-year (3) rolling average, the total assets of the insurance holding

company system are at least fifty billion dollars ($50,000,000,000) or the total gross written

premiums of the insurance holding company system are at least ten billion dollars

($10,000,000,000).

     (h)(i) "Enterprise Risk." "Enterprise Risk" means any activity, circumstance, event or series

of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to

have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance

holding company system as a whole, including, but not limited to, anything that would cause the

insurer's risk-based capital to fall into company action level as set forth in chapters 4.6 and 4.7 of

this title or would cause the insurer to be in a hazardous financial condition as set forth in chapter

14.2 of this title.

     (i)(j) "NAIC." means the National Association of Insurance Commissioners.

     (k) “NAIC liquidity stress test framework.” The “NAIC liquidity stress test framework” is

a separate NAIC publication, which that includes a history of the NAIC’s development of

regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the

liquidity stress test instructions and reporting templates for a specific data year, such scope criteria,

instructions and reporting template being as adopted by the NAIC and as amended by the NAIC

from time to time, in accordance with the procedures adopted by the NAIC.

     (j)(l) "Person." A "person" is an individual, a corporation, a limited liability company, a

partnership, an association, a joint stock company, a trust, an unincorporated organization, or any

similar entity or any combination of the foregoing acting in concert, but shall not include any joint

venture partnership exclusively engaged in owning, managing, leasing or developing real or

tangible personal property.

     (m) “Scope criteria.” The “scope criteria,” as detailed in the NAIC liquidity stress test

framework, are the designated exposure bases along with minimum magnitudes thereof for the

specified data year, used to establish a preliminary list of insurers considered scoped into the NAIC

liquidity stress test framework for that data year.

     (k)(n) "Securityholder." A "securityholder" of a specified person is one who owns any

security of such person, including common stock, preferred stock, debt obligations, and any other

security convertible into or evidencing the right to acquire any of the foregoing.

     (l)(o) "Subsidiary." A "subsidiary" of a specified person is an affiliate controlled by such

person directly, or indirectly, through one or more intermediaries.

     (m)(p) "Voting security." The term "voting security" shall include any security convertible

into or evidencing a right to acquire a voting security.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

421)

Section

Amended Chapter Numbers:

 

27-35-3

230 and 231

 

 

27-35-3. Registration of insurers.

     (a) Registration. Every insurer which is authorized to do business in this state and which

that is a member of an insurance holding company system shall register with the commissioner,

except a foreign insurer subject to registration requirements and standards adopted by statute or

regulation in the jurisdiction of its domicile which that are substantially similar to those contained

in:

     (1) this This section;

     (2) section Section 27-35-4(a)(1), (b) and (d) and

     (3) Either § 27-35-4(a)(2) or a provision such as the following: Each registered insurer

shall keep current the information required to be disclosed in its registration statement by reporting

all material changes or additions within fifteen (15) days after the end of the month in which it

learns of each change or addition.

     Any insurer which is subject to registration under this section shall register fifteen (15)

days after it becomes subject to registration, and annually thereafter by May 1 of each year for the

previous calendar year, unless the commissioner for good cause shown extends the time for

registration, and then within the extended time. The commissioner may require any insurer

authorized to do business in the state which that is a member of an insurance holding company

system and which that is not subject to registration under this section to furnish a copy of the

registration statement, the summary specified in subsection (c) of this section, or other information

filed by the insurance company with the insurance regulatory authority of its domiciliary

jurisdiction.

     (b) Information and form required. Every insurer subject to registration shall file a

registration statement with the commissioner on a form and in a format prescribed by the NAIC,

which that shall contain the following current information:

     (1) The capital structure, general financial condition, ownership, and management of the

insurer and any person controlling the insurer;

     (2) The identity and relationship of every member of the insurance holding company

system;

     (3) The following agreements in force and transactions currently outstanding or which that

have occurred during the last calendar year between the insurer and its affiliates:

     (i) Loans, other investments or purchases, sales or exchanges of securities of the affiliates

by the insurer or of the insurer by its affiliates;

     (ii) Purchases, sales, or exchanges of assets;

     (iii) Transactions not in the ordinary course of business;

     (iv) Guarantees or undertakings for the benefit of an affiliate which that result in an actual

contingent exposure of the insurer's assets to liability, other than insurance contracts entered into

in the ordinary course of the insurer's business;

     (v) All management service contracts, service contracts, and all cost sharing arrangements;

     (vi) Reinsurance agreements;

     (vii) Dividends and other distributions to shareholders; and

     (viii) Consolidated tax allocation agreements;

     (4) Any pledge of the insurer's stock, including stock of any subsidiary or controlling

affiliate, for a loan made to any member of the insurance holding company system;

     (5) If requested by the commissioner, the insurer shall include financial statements of or

within an insurance holding company system, including all affiliates. Financial statements may

include, but are not limited to, annual audited financial statements filed with the U.S. Securities

and Exchange Commission (SEC) pursuant to the Securities Act of 1933, as amended, or the

Securities Exchange Act of 1934, as amended. An insurer required to file financial statements

pursuant to this paragraph may satisfy the request by providing the commissioner with the most

recently filed parent corporation financial statements that have been filed with the SEC;

     (6) Other matters concerning transactions between registered insurers and any affiliates as

may be included from time to time in any registration forms adopted or approved by the

commissioner;

     (7) Statements that the insurer's board of directors oversees corporate governance and

internal controls and that the insurer's officers or senior management have approved, implemented,

and continue to maintain and monitor corporate governance and internal control procedures; and

     (8) Any other information required by the commissioner by rule or regulation.

     (c) Summary of changes to registration statement. All registration statements shall contain

a summary outlining all items in the current registration statement representing changes from the

prior registration statement.

     (d) Materiality. No information need be disclosed on the registration statement filed

pursuant to subsection (b) of this section if that information is not material for the purposes of this

section. Unless the commissioner by rule, regulation, or order provides otherwise, sales, purchases,

exchanges, loans, or extensions of credit, investments, or guarantees involving one-half of one

percent (.5%) or less of an insurer's admitted assets as of the 31st day of December next preceding

shall not be deemed material for purposes of this section. The definition of materiality provided in

this subsection, shall not apply for purposes of the group capital calculation or the liquidity stress

test framework.

     (e) Reporting of dividends to shareholders. Subject to § 27-35-4(b), each registered insurer

shall report to the commissioner all dividends and other distributions to shareholders within fifteen

(15) business days following the declaration thereof.

     (f) Information of insurers. Any person within an insurance holding company system

subject to registration shall be required to provide complete and accurate information to an insurer,

where the information is reasonably necessary to enable the insurer to comply with the provisions

of this act.

     (g) Termination of registration. The commissioner shall terminate the registration of any

insurer that demonstrates that it no longer is a member of an insurance holding company system.

     (h) Consolidated filing. The commissioner may require or allow two (2) or more affiliated

insurers subject to registration to file a consolidated registration statement.

     (i) Alternative registration. The commissioner may allow an insurer that is authorized to

do business in this state and which is part of an insurance holding company system to register on

behalf of any affiliated insurer which is required to register under subsection (a) and to file all

information and material required to be filed under this section.

     (j) Exemptions. The provisions of this section shall not apply to any insurer, information,

or transaction if and to the extent that the commissioner by rule, regulation, or order shall exempt

from the provisions of this section.

     (k) Disclaimer. Any person may file with commissioner a disclaimer of affiliation with any

authorized insurer or a disclaimer may be filed by the insurer or any member of an insurance

holding company system. The disclaimer shall fully disclose all material relationships and bases

for affiliation between the person and the insurer as well as the basis for disclaiming the affiliation.

     A disclaimer of affiliation shall be deemed to have been granted unless the commissioner,

within thirty (30) days following receipt of a complete disclaimer, notifies the filing party that the

disclaimer is disallowed. In the event of disallowance, the disclaiming party may request an

administrative hearing, which shall be granted. The disclaiming party shall be relieved of its duty

to register under this section if approval of the disclaimer has been granted by the commissioner,

or if the disclaimer is deemed to have been approved.

     (l) Enterprise risk filing filings.

     (1) The ultimate controlling person of every insurer subject to registration shall also file an

annual enterprise risk report. The report shall, to the best of the ultimate controlling person's

knowledge and belief, identify the material risks within the insurance holding company system that

could pose enterprise risk to the insurer. The report shall be filed with the lead state commissioner

of the insurance holding company system as determined by the procedures within the financial

analysis handbook Financial Analysis Handbook adopted by the national association of insurance

commissioners National Association of Insurance Commissioners (NAIC).

     (2) Group capital calculation. Except as provided below, the ultimate controlling person of

every insurer subject to registration, shall concurrently file with the registration an annual group

capital calculation, as directed by the lead state commissioner. The report shall be completed in

accordance with the NAIC group capital calculation instructions, which may permit the lead state

commissioner to allow a controlling person, that is not the ultimate controlling person, to file the

group capital calculation. The report shall be filed with the lead state commissioner of the insurance

holding company system, as determined by the commissioner, in accordance with the procedures

within the Financial Analysis Handbook adopted by the NAIC. Insurance holding company systems

described below are exempt from filing the group capital calculation:

     (i) An insurance holding company system that has only one insurer within its holding

company structure, that only writes business in its domestic state, and assumes no business from

any other insurer;

     (ii) An insurance holding company system that is required to perform a group capital

calculation, specified by the United States Federal Reserve Board. The lead state commissioner

shall request the calculation from the Federal Reserve Board, under the terms of information

sharing agreements in effect. If the Federal Reserve Board cannot share the calculation with the

lead state commissioner, the insurance holding company system is not exempt from the group

capital calculation filing;

     (iii) An insurance holding company system whose non-United States group-wide

supervisor is located within a reciprocal jurisdiction, as described in § 27-1.1-1(g) that recognizes

the United States state regulatory approach to group supervision and group capital;

     (iv) An insurance holding company system:

     (A) That provides information to the lead state that meets the requirements for accreditation

under the NAIC financial standards and accreditation program, either directly or indirectly through

the group-wide supervisor, who has determined such the information is satisfactory to allow the

lead state to comply with the NAIC group supervision approach, as detailed in the NAIC Financial

Analysis Handbook; and

     (B) Whose non-United States group-wide supervisor that is not in a Reciprocal Jurisdiction

reciprocal jurisdiction recognizes and accepts, as specified by the commissioner in regulation, the

group capital calculation as the world-wide group capital assessment for U.S. United States

insurance groups who operate in that jurisdiction;

     (v) Notwithstanding the provisions of §§ 27-35- subsections 3(l)(2)(iii) and (iv) of this

section, a lead state commissioner shall require the group capital calculation for United States

operations of any non-United States based insurance holding company system where, after any

necessary consultation with other supervisors or officials, it is deemed appropriate by the lead state

commissioner for prudential oversight and solvency monitoring purposes or for ensuring the

competitiveness of the insurance marketplace.

     (vi) Notwithstanding the exemptions from filing the group capital calculation stated in §§

27-35-3(l)(2)(iii) and (iv) subsections (l)(2)(iii) and (iv) of this section, the lead state

commissioner has the discretion to exempt the ultimate controlling person, from filing the annual

group capital calculation or to accept a limited group capital filing or report, in accordance with

criteria as specified by the commissioner in regulation.

     (vii) If the lead state commissioner determines that an insurance holding company system

no longer meets one or more of the requirements for an exemption from filing the group capital

calculation under this section, the insurance holding company system shall file the group capital

calculation at the next annual filing date unless given an extension by the lead state commissioner

based on reasonable grounds shown.

     (3) Liquidity stress test. The ultimate controlling person of every insurer subject to

registration and also scoped into the NAIC liquidity stress test framework shall file the results of a

specific year’s liquidity stress test. The filing shall be made to the lead state insurance

commissioner of the insurance holding company system as determined by the procedures within

the financial analysis handbook adopted by the National Association of Insurance Commissioners:

     (i) The NAIC liquidity stress test framework includes scope criteria applicable to a specific

data year. These scope criteria are reviewed at least annually by the financial stability task force or

its successor. Any change to the NAIC liquidity stress test framework or to the data year for which

the scope criteria are to be measured, shall be effective on January 1 of the year following the

calendar year when such changes are adopted. Insurers meeting at least one threshold of the scope

criteria, are considered scoped into the NAIC liquidity stress test framework for the specified data

year, unless the lead state insurance commissioner, in consultation with the NAIC financial stability

task force or its successor, determines the insurer should not be scoped into the framework for that

data year. Similarly, insurers that do not trigger at least one threshold of the scope criteria are

considered scoped out of the NAIC liquidity stress test framework for the specified data year, unless

the lead state insurance commissioner, in consultation with the NAIC financial stability task force

or its successor, determines the insurer should be scoped into the framework for that data year.

     (A) Regulators wish to avoid having insurers scoped in and out of the NAIC liquidity stress

test framework on a frequent basis. The lead state insurance commissioner, in consultation with the

financial stability task force or its successor, will assess this concern as part of the determination

for an insurer.

     (ii) The performance of, and filing of the results from, a specific year’s liquidity stress test

shall comply with the NAIC liquidity stress test framework’s instructions and reporting templates

for that year and any lead state insurance commissioner determinations, in conjunction with the

financial stability task force or its successor, provided within the framework.

     (m) Violations. The failure to file a registration statement or any summary of the

registration statement or enterprise risk filing required by this section within the time specified for

the filing shall be a violation of this section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

422)

Section

Amended Chapter Numbers:

 

27-35-6

230 and 231

 

 

27-35-6. Confidential treatment.

     (a) Documents, materials, or other information in the possession or control of the

department of business regulation that are obtained by or disclosed to the commissioner or any

other person in the course of an examination or investigation made pursuant to § 27-35-5, and all

information reported pursuant to §§ 27-35-2(b)(xii)(b)(1)(xii) , 27-35-2(b)(viii)(b)(1)(xiii), 27-35-

3, and 27-35-4, and 27-35-5.5 are recognized by this state as being proprietary and to contain trade

secrets, and shall be confidential by law and privileged, shall not be subject to the access of public

records act, shall not be subject to subpoena, and shall not be subject to discovery or admissible in

evidence in any private civil action. However, the commissioner is authorized to use the documents,

materials, or other information in the furtherance of any regulatory or legal action brought as part

of the commissioner's official duties. The commissioner shall not otherwise make the documents,

materials, or other information public, without the prior written consent of the insurer to which it

pertains unless the commissioner, after giving the insurer and its affiliates who would be affected

thereby notice and opportunity to be heard, determines that the interests of policyholders,

shareholders, or the public will be served by the publication thereof, in which event the

commissioner may publish all or any part of it in a manner that he or she may deem appropriate.

     (1) For purposes of the information reported and provided to the department of insurance,

pursuant to § 27-35-3 (l)(2), the commissioner shall maintain the confidentiality of the group capital

calculation and group capital ratio produced within the calculation and any group capital

information received from an insurance holding company supervised by the Federal Reserve Board

or any United States group-wide supervisor.

     (2) For purposes of the information reported and provided to the department pursuant to §

27-35-3(l)(3), the commissioner shall maintain the confidentiality of the liquidity stress test results

and supporting disclosures and any liquidity stress test information received from an insurance

holding company supervised by the Federal Reserve Board and non-United States group-wide

supervisors.

     (b) Neither the commissioner nor any person who received documents, materials, or other

information while acting under the authority of the commissioner or with whom such documents,

materials, or other information are shared pursuant to this chapter shall be permitted or required to

testify in any private civil action concerning any confidential documents, materials, or information

subject to subsection (a) of this section.

     (c) In order to assist in the performance of the commissioner's duties, the commissioner:

     (1) May share documents, materials, or other information, including the confidential and

privileged documents, materials, or information subject to subsection (a), including proprietary and

trade secret documents and materials with other state, federal, and international regulatory agencies,

with the NAIC and its affiliates and subsidiaries, with any third-party consultants designated by the

commissioner, and with state, federal, and international law enforcement authorities, including

members of any supervisory college described in § 27-35-5.5, provided that the recipient agrees in

writing to maintain the confidentiality and privileged status of the document, material, or other

information and has verified in writing the legal authority to maintain confidentiality.

     (2) Notwithstanding subparagraph (c)(1) above, the commissioner may only share

confidential and privileged documents, material, or information reported pursuant to § 27-35-3(l)

with commissioners of states having statutes or regulations substantially similar to subsection (a)

of this section and who have agreed in writing not to disclose such information.

     (3) May receive documents, materials, or information, including otherwise confidential and

privileged documents, materials, or information, including proprietary trade-secret information

from the NAIC and its affiliates and subsidiaries and from regulatory and law enforcement officials

of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any

document, material, or information received with notice or the understanding that it is confidential

or privileged under the laws of the jurisdiction that is the source of the document, material, or

information.

     (4) Shall enter into written agreements with the NAIC and any third-party consultant

designated by the commissioner governing sharing and use of information provided pursuant to

this chapter consistent with this subsection that shall:

     (i) Specify procedures and protocols regarding the confidentiality and security of

information shared with the NAIC and its affiliates and subsidiaries and any third-party consultant

designated by the commissioner pursuant to this chapter, including procedures and protocols for

sharing by the NAIC with other state, federal, or international regulators. The agreement shall

provide that the recipient agrees in writing to maintain the confidentiality and privileged status of

the documents, materials, or other information and has verified in writing the legal authority to

maintain such confidentiality;

     (ii) Specify that ownership of information shared with the NAIC and its affiliates and

subsidiaries or any third-party consultant pursuant to this chapter remains with the commissioner

and the NAIC's or a third-party consultant’s, as designated by the commissioner, use of the

information is subject to the direction of the commissioner;

     (iii) Excluding documents, material, or information reported pursuant to § 27-35-3(l)(3),

prohibit the NAIC or third-party consultant designated by the commissioner from storing the

information shared pursuant to this chapter in a permanent database after the underlying analysis

is completed;

     (iii)(iv) Require prompt notice to be given to an insurer whose confidential information in

the possession of the NAIC or a third-party consultant designated by the commissioner pursuant to

this chapter is subject to a request or subpoena to the NAIC or a third-party consultant designated

by the commissioner for disclosure or production; and

     (iv)(v) Require the NAIC and its affiliates and subsidiaries or a third-party consultant

designated by the commissioner to consent to intervention by an insurer in any judicial or

administrative action in which the NAIC or a third-party consultant designated by the commissioner

and its affiliates and subsidiaries may be required to disclose confidential information about the

insurer shared with the NAIC and its affiliates and subsidiaries or a third-party consultant

designated by the commissioner pursuant to this chapter; and

     (vi) For documents, material, or information reporting pursuant to § 27-35-3(l)(3), in the

case of an agreement involving a third-party consultant, provide for notification of the identity of

the consultant to the applicable insurers.

     (d) The sharing of information by the commissioner pursuant to this chapter shall not

constitute a delegation of regulatory authority or rulemaking, and the commissioner is solely

responsible for the administration, execution, and enforcement of the provisions of this chapter.

     (e) No waiver of any applicable privilege or claim of confidentiality in the documents,

materials, or information shall occur as a result of disclosure to the commissioner under this section

or as a result of sharing as authorized in subsection (c).

     (f) Documents, materials, or other information in the possession or control of the NAIC or

a third-party consultant pursuant to this chapter shall be confidential by law and privileged, shall

not be subject to § 38-2-3, shall not be subject to subpoena, and shall not be subject to discovery or

admissible in evidence in any private civil action.

     (g) The group capital calculation and resulting group capital ratio required under § 27-35-

3(l)(3)(2) and the liquidity stress test, along with its results and supporting disclosures required

under § 27-35-3(l)(3), are regulatory tools for assessing group risks and capital adequacy and group

liquidity risks, respectively, and are not intended as a means to rank insurers or insurance holding

company systems generally. Therefore, except as otherwise may be required under the provisions

of this chapter, the making, publishing, disseminating, circulating, or placing before the public, or

causing directly or indirectly to be made, published, disseminated, circulated, or placed before the

public in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet,

letter, or poster, or over any radio or television station or any electronic means of communication

available to the public, or in any other way as an advertisement, announcement, or statement

containing a representation or statement with regard to the group capital calculation, group capital

ratio, the liquidity stress test results, or supporting disclosures for the liquidity stress test of any

insurer or any insurer group, or of any component derived in the calculation by any insurer, broker,

or other person engaged in any manner in the insurance business would be misleading and is

therefore prohibited; provided, however, that if any materially false statement with respect to the

group capital calculation, resulting group capital ratio, an inappropriate comparison of any amount

to an insurer’s or insurance group’s group capital calculation or resulting group capital ratio,

liquidity stress test result, supporting disclosures for the liquidity stress test, or an inappropriate

comparison of any amount to an insurer’s or insurance group’s liquidity stress test result or

supporting disclosures is published in any written publication and the insurer is able to demonstrate

to the commissioner, with substantial proof the falsity of such statement or the inappropriateness,

as the case may be, then the insurer may publish announcements in a written publication if the sole

purpose of the announcement is to rebut the materially false statement.

 

 

 

 

 

 

 

423)

Section

Amended Chapter Numbers:

 

27-41-60

7 and 8

 

 

27-41-60.  Prostate and colorectal examinations -- Coverage mandated --

The Maryellen Goodwin Colorectal Cancer Screening Act.

     (a) Subscribers to any health maintenance organization plan shall be afforded coverage

under that plan for prostate and colorectal examinations and laboratory tests for cancer for any

nonsymptomatic person covered under the policy or plan. contract, in accordance with the current

American cancer society guidelines. The coverage required by this section shall include preventive

colorectal cancer screening coverage for all colorectal cancer examinations and laboratory tests in

accordance with American Cancer Society Guidelines guidelines, including for colorectal cancer

screening of average risk individuals, including an initial colonoscopy or other medical test or

procedure for colorectal cancer screening and a follow-up colonoscopy if the results of the initial

medical test or procedure are abnormal.

     (b) An insurer or the organization may not impose cost sharing on the coverage required

by subsection (a) of this section when the services are delivered within the health insurer's provider

network.

 

 

 

 

424)

Section

Added Chapter Numbers:

 

27-41-90

109 and 133

 

 

27-41-90. Prohibition on discrimination in organ transplants.

     Pursuant to chapter 95 of title 23, any nonprofit medical service corporation Health

Maintenance Organization that provides coverage for anatomical gifts, organ transplants, or

related treatment and services shall not:

     (1) Deny coverage to a covered person solely on the basis of the person’s disability;

     (2) Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage

under the terms of the health benefit plan, solely for the purpose of avoiding the requirements of

this section;

     (3) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or

provide monetary or nonmonetary incentives to an attending provider, to induce such the provider

to provide care to an insured or enrollee in a manner inconsistent with this section; or

     (4) Reduce or limit coverage benefits to a patient for the medical services or other services

related to organ transplantation performed pursuant to this section as determined in consultation

with the attending physician and patient.

 

 

 

425)

Section

Added Chapter Numbers:

 

27-41-91

145 and 161

 

 

27-41-91. Health insurance contracts - copayments exemption for COVID-

19 vaccinations.

     (a) Any individual or group health insurance plan or policy shall not impose any

copayment, coinsurance, or charge any out-of-pocket deductible to the insured for COVID-19

related services, including, but not limited to,: emergency services, inpatient services, provider

office visits, and inpatient hospital stays, as long as the COVID-19 state of emergency remains in

effect.

     (b) Any individual or group health insurance plan or policy shall not impose any

copayment, coinsurance, or charge any out-of-pocket deductible to the insured for the

administration of the COVID-19 vaccine or a COVID-19 test.

     (c) The health insurance commissioner shall promulgate any rules and regulations as the

commissioner deems necessary for the efficient administration and enforcement of this section.

 

 

 

 

 

 

 

 

 

 

426)

Section

Added Chapter Numbers:

 

27-41-92

209 and 321

 

 

27-41-92. Perinatal doulas.

     (a) As used in this section, "doula" or "perinatal doula" means a trained professional

providing continuous physical, emotional, and informational support to a pregnant individual, from

antepartum, intrapartum, and up to the first twelve (12) months of the postpartum period. Doulas

also provide assistance by referring childbearing individuals to community-based organizations

and certified and licensed perinatal professionals in multiple disciplines.

     (b) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state on or after July 1, 2022, shall provide coverage for the services of perinatal

doulas in accordance with each health insurers' insurer’s respective principles and mechanisms of

reimbursement, credentialing, and contracting, if the services are within the perinatal doulas' area

of professional competence as defined by the doula certification standard developed and maintained

by the Rhode Island certification board in collaboration with the department of health, and are

currently reimbursed when rendered by any other health care healthcare provider. No insurer or

hospital or medical service corporation may require supervision, signature, or referral by any other

health care healthcare provider as a condition of reimbursement, except when those requirements

are also applicable to other categories of health care healthcare providers. No insurer or hospital

or medical service corporation or patient may be required to pay for duplicate services actually

rendered by both a perinatal doula and any other health care healthcare provider.

     (c) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state that is required to cover perinatal doula services, as defined in subsections

(a) and (b) of this section, shall report utilization and cost information related to perinatal doula

services to the office of the health insurance commissioner on or before July 1, 2023, and each July

1 thereafter. The office of the health insurance commissioner shall define the utilization and cost

information required to be reported.

     (d) This section shall not apply to insurance coverage providing benefits for:

     (1) Hospital confinement indemnity;

     (2) Disability income;

     (3) Accident only;

     (4) Long-term care;

     (5) Medicare supplement;

     (6) Limited-benefit health;

     (7) Specified disease indemnity;

     (8) Sickness or bodily injury or death by accident or both; and

     (9) Other limited-benefit policies.

 

 

 

 

 

 

427)

Section

Added Chapter Numbers:

 

27-41-93

88 and 89

 

 

27-41-93. Gender rating.

     (a) No individual or group health insurance contract, plan, or policy delivered, issued for

delivery, or renewed in this state, which that provides medical coverage that includes coverage for

physician services in a physician's office, and no policy which that provides major medical or

similar comprehensive-type coverage, excluding disability income, long-term care, and insurance

supplemental policies which that only provide coverage for specified diseases or other

supplemental policies, shall vary the premium rate for a health coverage plan based on the gender

of the individual policy holders, enrollees, subscribers, or members.

     (b) This section shall not apply to insurance coverage providing benefits for any of the

following:

     (1) Hospital confinement indemnity;

     (2) Disability income;

     (3) Accident only;

     (4) Long-term care;

     (5) Medicare supplement;

     (6) Limited benefit health;

     (7) Specified disease indemnity;

     (8) Sickness of bodily injury or death by accident or both; and

     (9) Other limited benefit policies.

 

 

 

428)

Section

Amended Chapter Numbers:

 

27-50-5

88 and 89

 

 

27-50-5. Restrictions relating to premium rates.

     (a) Premium rates for health benefit plans subject to this chapter are subject to the following

provisions:

     (1) Subject to subdivision (2) of this subsection subsection (a)(2) of this section, a small

employer carrier shall develop its rates based on an adjusted community rate and may only vary

the adjusted community rate for:

     (i) Age; and

     (ii) Gender; and

     (iii)(ii)(iii) Family composition;.

     (2) The adjustment for age in paragraph (1)(i) of this subsection subsection (a)(1)(i) of

this section may not use age brackets smaller than five-(5) year (5) increments and these shall

begin with age thirty (30) and end with age sixty-five (65).

     (3) The small employer carriers are permitted to develop separate rates for individuals age

sixty-five (65) or older for coverage for which Medicare is the primary payer and coverage for

which Medicare is not the primary payer. Both rates are subject to the requirements of this

subsection.

     (4) For each health benefit plan offered by a carrier, the highest premium rate for each

family composition type shall not exceed four (4) times the premium rate that could be charged to

a small employer with the lowest premium rate for that family composition.

     (5) Premium rates for bona fide associations except for the Rhode Island Builders'

Association whose membership is limited to those who are actively involved in supporting the

construction industry in Rhode Island shall comply with the requirements of this section.

     (6) For a small employer group renewing its health insurance with the same small employer

carrier which that provided it small employer health insurance in the prior year, the combined

adjustment factor for age and gender for that small employer group will not exceed one hundred

twenty percent (120%) of the combined adjustment factor for age and gender for that small

employer group in the prior rate year.

     (b) The premium charged for a health benefit plan may not be adjusted more frequently

than annually except that the rates may be changed to reflect:

     (1) Changes to the enrollment of the small employer;

     (2) Changes to the family composition of the employee; or

     (3) Changes to the health benefit plan requested by the small employer.

     (c) Premium rates for health benefit plans shall comply with the requirements of this

section.

     (d) Small employer carriers shall apply rating factors consistently with respect to all small

employers. Rating factors shall produce premiums for identical groups that differ only by the

amounts attributable to plan design and do not reflect differences due to the nature of the groups

assumed to select particular health benefit plans. Two groups that are otherwise identical, but which

have different prior year rate factors may, however, have rating factors that produce premiums that

differ because of the requirements of subdivision (a)6) of this section. Nothing in this section shall

be construed to prevent a group health plan and a health insurance carrier offering health insurance

coverage from establishing premium discounts or rebates or modifying otherwise applicable

copayments or deductibles in return for adherence to programs of health promotion and disease

prevention, including those included in affordable health benefit plans, provided that the resulting

rates comply with the other requirements of this section, including subdivision subsection (a)(5)(4)

of this section.

     The calculation of premium discounts, rebates, or modifications to otherwise applicable

copayments or deductibles for affordable health benefit plans shall be made in a manner consistent

with accepted actuarial standards and based on actual or reasonably anticipated small employer

claims experience. As used in the preceding sentence, "accepted actuarial standards" includes

actuarially appropriate use of relevant data from outside the claims experience of small employers

covered by affordable health plans, including, but not limited to, experience derived from the large

group market, as this term is defined in § 27-18.6-2(19).

     (e) For the purposes of this section, a health benefit plan that contains a restricted network

provision shall not be considered similar coverage to a health benefit plan that does not contain

such a provision, provided that the restriction of benefits to network providers results in substantial

differences in claim costs.

     (f) The health insurance commissioner may establish regulations to implement the

provisions of this section and to assure ensure that rating practices used by small employer carriers

are consistent with the purposes of this chapter, including regulations that assure ensure that

differences in rates charged for health benefit plans by small employer carriers are reasonable and

reflect objective differences in plan design or coverage (not including differences due to the nature

of the groups assumed to select particular health benefit plans or separate claim experience for

individual health benefit plans) and to ensure that small employer groups with one eligible

subscriber are notified of rates for health benefit plans in the individual market.

     (g) In connection with the offering for sale of any health benefit plan to a small employer,

a small employer carrier shall make a reasonable disclosure, as part of its solicitation and sales

materials, of all of the following:

     (1) The provisions of the health benefit plan concerning the small employer carrier's right

to change premium rates and the factors, other than claim experience, that affect changes in

premium rates;

     (2) The provisions relating to renewability of policies and contracts;

     (3) The provisions relating to any preexisting condition provision; and

     (4) A listing of and descriptive information, including benefits and premiums, about all

benefit plans for which the small employer is qualified.

     (h)(1) Each small employer carrier shall maintain at its principal place of business a

complete and detailed description of its rating practices and renewal underwriting practices,

including information and documentation that demonstrate that its rating methods and practices are

based upon commonly accepted actuarial assumptions and are in accordance with sound actuarial

principles.

     (2) Each small employer carrier shall file with the commissioner annually on or before

March 15 an actuarial certification certifying that the carrier is in compliance with this chapter and

that the rating methods of the small employer carrier are actuarially sound. The certification shall

be in a form and manner, and shall contain the information, specified by the commissioner. A copy

of the certification shall be retained by the small employer carrier at its principal place of business.

     (3) A small employer carrier shall make the information and documentation described in

subdivision subsection (h)(1) of this subsection section available to the commissioner upon

request. Except in cases of violations of this chapter, the information shall be considered proprietary

and trade secret information and shall not be subject to disclosure by the director to persons outside

of the department except as agreed to by the small employer carrier or as ordered by a court of

competent jurisdiction.

     (4) For the wellness health benefit plan described in § 27-50-10, the rates proposed to be

charged and the plan design to be offered by any carrier shall be filed by the carrier at the office of

the commissioner no less than thirty (30) days prior to their proposed date of use. The carrier shall

be required to establish that the rates proposed to be charged and the plan design to be offered are

consistent with the proper conduct of its business and with the interest of the public. The

commissioner may approve, disapprove, or modify the rates and/or approve or disapprove the plan

design proposed to be offered by the carrier. Any disapproval by the commissioner of a plan design

proposed to be offered shall be based upon a determination that the plan design is not consistent

with the criteria established pursuant to § 27-50-10(b).

     (i) The requirements of this section apply to all health benefit plans issued or renewed on

or after October 1, 2000.

 

 

 

429)

Section

Amended Chapter Numbers:

 

27-72-4

400 and 401

 

 

27-72-4. License suspension, revocation or refusal to renew.

     (a) The commissioner may suspend, revoke or refuse to renew the license of any licensee

if the commissioner finds that:

     (1) There was any material misrepresentation in the application for the license;

     (2) The licensee or any officer, partner, member or director has been guilty of fraudulent

or dishonest practices, is subject to a final administrative action or is otherwise shown to be

untrustworthy or incompetent to act as a licensee;

     (3) The provider demonstrates a pattern of unreasonably withholding payments to policy

owners;

     (4) The licensee no longer meets the requirements for initial licensure;

     (5) The licensee or any officer, partner, member or director has been convicted of a felony,

or of any misdemeanor of which criminal fraud is an element; or the licensee has pleaded guilty or

nolo contendere with respect to any felony or any misdemeanor of which criminal fraud or moral

turpitude is an element, regardless whether a judgment of conviction has been entered by the court;

     (6) The provider has entered into any life settlement contract using a form that has been

approved pursuant to this chapter;

     (7) The provider has failed to honor contractual obligations set out in a life settlement

contract;

     (8) The provider has assigned, transferred or pledged a settled policy to a person other than

a provider licensed in this state, a purchaser, an accredited investor or qualified institutional buyer

as defined respectively in Regulation D, Rule 501 or Rule 144A of the Federal Securities Act of

1933, as amended, financing entity, special purpose entity, or related provider trust; or

     (9) The licensee or any officer, partner, member or key management personnel has violated

any of the provisions of this chapter.

     (b) Before the commissioner denies a license application or suspends, revokes or refuses

to renew the license of any licensee under this chapter, the commissioner shall conduct a hearing

in accordance with this state's laws governing administrative hearings.

 

 

 

430)

Section

Amended Chapter Numbers:

 

27-81- 3

184 and 199

 

 

27-81-3. Definitions.

     As used in this chapter:

     (1) "Clinically appropriate" means care that is delivered in the appropriate medical setting.

     (1)(2) "Distant site" means a site at which a healthcare provider is located while providing

healthcare services by means of telemedicine.

     (2)(3) "Healthcare facility" means an institution providing healthcare services or a

healthcare setting, including, but not limited to: hospitals and other licensed, inpatient centers;

ambulatory surgical or treatment centers; skilled nursing centers; residential treatment centers;

diagnostic, laboratory and imaging centers; and rehabilitation and other therapeutic-health settings.

     (3)(4) "Healthcare professional" means a physician or other healthcare practitioner

licensed, accredited, or certified to perform specified healthcare services consistent with state law.

     (4)(5) "Healthcare provider" means a healthcare professional or a healthcare facility.

     (5)(6) "Healthcare services" means any services included in the furnishing to any individual

of medical, podiatric, or dental care, or hospitalization, or incident to the furnishing of that care or

hospitalization, and the furnishing to any person of any and all other services for the purpose of

preventing, alleviating, curing, or healing human illness, injury, or physical disability.

     (6)(7) "Health insurer" means any person, firm, or corporation offering and/or insuring

healthcare services on a prepaid basis, including, but not limited to, a nonprofit service corporation,

a health maintenance organization, the Rhode Island Medicaid program, including its contracted

managed care entities, or an entity offering a policy of accident and sickness insurance.

     (7)(8) "Health maintenance organization" means a health maintenance organization as

defined in chapter 41 of this title.

     (9) "Medically necessary" means medical, surgical, or other services required for the

prevention, diagnosis, cure, or treatment of a health-related condition, including such services

necessary to prevent a decremental change in either medical or mental health status.

     (8)(10) "Nonprofit service corporation" means a nonprofit hospital-service corporation as

defined in chapter 19 of this title, or a nonprofit medical-service corporation as defined in chapter

20 of this title.

     (9)(11) "Originating site" means a site at which a patient is located at the time healthcare

services are provided to them by means of telemedicine, which can be include a patient's home

where medically appropriate necessary and clinically appropriate ; provided, however,

notwithstanding any other provision of law, health insurers and healthcare providers may agree to

alternative siting arrangements deemed appropriate by the parties.

     (10)(12) "Policy of accident and sickness insurance" means a policy of accident and

sickness insurance as defined in chapter 18 of this title.

     (13) "Rhode Island Medicaid program" means a state-administered, medical assistance

program that is funded by the state and federal governments under Title XIX and Title XXI of the

U.S. Social Security Act and any general or public laws and administered by the executive office

of health and human services.

     (11)(14) "Store-and-forward technology" means the technology used to enable the

transmission of a patient's medical information from an originating site to the healthcare provider

at the distant site without the patient being present.

     (12)(15) "Telemedicine" means the delivery of clinical healthcare services by means use

of real time, two-way synchronous audio, video, telephone-audio-only communications or

electronic media or other telecommunications technology including, but not limited to: online

adaptive interviews, remote patient monitoring devices, audiovisual communications, including the

application of secure video conferencing or store-and-forward technology to provide or support

healthcare delivery, which facilitate the assessment, diagnosis, counseling and prescribing

treatment, and care management of a patient's health care while such patient is at an originating site

and the healthcare provider is at a distant site, consistent with applicable federal laws and

regulations. "Telemedicine" does not include an audio-only telephone conversation, email message,

or facsimile transmission between the provider and patient, or an automated computer program

used to diagnose and/or treat ocular or refractive conditions.

 

 

 

 

431)

Section

Amended Chapter Numbers:

 

27-81- 4

184 and 199

 

 

27-81-4. Coverage of telemedicine services.

     (a) Each health insurer that issues individual or group accident and sickness insurance

policies for healthcare services and/or provides a healthcare plan for healthcare services shall

provide coverage for the cost of such covered healthcare services provided through telemedicine

services, as provided in this section.

     (b)(1) A health insurer shall not exclude a healthcare service for coverage solely because

the healthcare service is provided through telemedicine and is not provided through in-person

consultation or contact, so long as such healthcare services are medically appropriate necessary and

clinically appropriate to be provided through telemedicine services and, as such, may be subject to

the terms and conditions of a telemedicine agreement between the insurer and the participating

healthcare provider or provider group.

     (2) All such medically necessary and clinically appropriate telemedicine services delivered

by in-network primary care providers, registered dietitian nutritionists, and behavioral health

providers shall be reimbursed at rates not lower than services delivered by the same provider

through in-person methods.

     (c) Benefit plans offered by a health insurer may impose a deductible, copayment, or

coinsurance requirement for a healthcare service provided through telemedicine shall not impose a

deductible, copayment, or coinsurance requirement for a healthcare service delivered through

telemedicine in excess of what would normally be charged for the same healthcare service when

performed in person.

     (d) Prior authorization requirements for medically necessary and clinically appropriate

telemedicine services shall not be more stringent than prior authorization requirements for in-

person care. No more stringent medical or benefit determination and utilization review

requirements shall be imposed on any telemedicine service than is imposed upon the same service

when performed in person.

     (e) Except for requiring compliance with applicable state and federal laws, regulations

and/or guidance, no health insurer shall impose any specific requirements as to the technologies

used to deliver medically necessary and clinically appropriate telemedicine services.

     (d)(f) The requirements of this section shall apply to all policies and health plans issued,

reissued, or delivered in the state of Rhode Island on and after January 1, 2018.

     (e)(g) This chapter shall not apply to: short-term travel, accident-only, limited or specified

disease; or individual conversion policies or health plans; nor to policies or health plans designed

for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known

as Medicare; or any other similar coverage under state or federal governmental plans.

 

 

 

 

432)

Section

Added Chapter Numbers:

 

27-81- 6

184 and 199

 

 

27-81-6. Rules and regulations.

     The health insurance commissioner may promulgate such rules and regulations as are

necessary and proper to effectuate the purpose and for the efficient administration and enforcement

of this chapter.

 

 

 

 

433)

Section

Added Chapter Numbers:

 

27-81- 7

184 and 199

 

 

27-81-7. Telemedicine data reporting.

     Each health insurer shall collect and provide to the office of the health insurance

commissioner (OHIC), in a form and frequency acceptable to OHIC, information and data

reflecting its telemedicine policies, practices, and experience. OHIC shall provide this information

and data to the general assembly on or before January 1, 2022, and on or before each January 1

thereafter.

 

 

 

434)

Section

Amended Chapter Numbers:

 

28-5-6

124 and 125

 

 

28-5-6. Definitions.

     When used in this chapter:

     (1) "Age" means anyone who is at least forty (40) years of age.

     (2) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or

on the basis of pregnancy, childbirth, or related medical conditions, and women affected by

pregnancy, childbirth, or related medical conditions shall be treated the same for all employment

related purposes, including receipt of benefits under fringe benefit programs, as other persons not

so affected but similar in their ability or inability to work, and nothing in this chapter shall be

interpreted to permit otherwise.

     (3) "Commission" means the Rhode Island commission against discrimination created by

this chapter.

     (4) "Conviction" means, for the purposes of this chapter only, any verdict or finding of

guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge.

     (5) "Disability" means a disability as defined in § 42-87-1.

     (6) "Discriminate" includes segregate or separate.

     (7) "Employee" does not include any individual employed by his or her parents, spouse, or

child, or in the domestic service of any person.

     (8)(i) "Employer" includes the state and all political subdivisions of the state and any

person in this state employing four (4) or more individuals, and any person acting in the interest of

an employer directly or indirectly.

     (ii) Nothing in this subdivision shall be construed to apply to a religious corporation,

association, educational institution, or society with respect to the employment of individuals of its

religion to perform work connected with the carrying on of its activities.

     (9) "Employment agency" includes any person undertaking with or without compensation

to procure opportunities to work, or to procure, recruit, refer, or place employees.

     (10) "Firefighter" means an employee the duties of whose position includes include work

connected with the control and extinguishment of fires or the maintenance and use of firefighting

apparatus and equipment, including an employee engaged in this activity who is transferred or

promoted to a supervisory or administrative position.

     (11) "Gender identity or expression" includes a person's actual or perceived gender, as well

as a person's gender identity, gender-related self image, gender-related appearance, or gender-

related expression; whether or not that gender identity, gender-related self image, gender-related

appearance, or gender-related expression is different from that traditionally associated with the

person's sex at birth.

     (12) "Labor organization" includes any organization which exists for the purpose, in whole

or in part, of collective bargaining or of dealing with employers concerning grievances, terms or

conditions of employment, or of other mutual aid or protection in relation to employment.

     (13) "Law enforcement officer" means an employee the duties of whose position include

investigation, apprehension, or detention of individuals suspected or convicted of offenses against

the criminal laws of the state, including an employee engaged in such activity who is transferred or

promoted to a supervisory or administrative position. For the purpose of this subdivision,

"detention" includes the duties of employees assigned to guard individuals incarcerated in any penal

institution.

     (14) "Person" includes one or more individuals, partnerships, associations, organizations,

corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

     (15) "Religion" includes all aspects of religious observance and practice, as well as belief,

unless an employer, union, or employment agency demonstrates that it is unable to reasonably

accommodate to an employee's or prospective employee's or union member's religious observance

or practice without undue hardship on the conduct of its business.

     (16) "Sexual orientation" means having or being perceived as having an orientation for

heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of

persons and does not render lawful any conduct prohibited by the criminal laws of this state nor

impose any duty on a religious organization. This definition does not confer legislative approval of

that status, but is intended to assure the basic human rights of persons to obtain and hold

employment, regardless of that status.

     (17) The terms, as used regarding persons with disabilities:

     (i) "Auxiliary aids and services" and "reasonable accommodation" shall have the same

meaning as those items are defined in § 42-87-1.1; and

     (ii) "Hardship" means an "undue hardship" as defined in § 42-87-1.1.

 

 

 

435)

Section

Amended Chapter Numbers:

 

28-6-17

168 and 169

 

 

28-6-17. Definitions.

     As used in this chapter:

     (1) "Age" means anyone who is at least forty (40) years of age.

     (2) "Comparable work" means work that requires substantially similar skill, effort, and

responsibility, and is performed under similar working conditions. Determining whether jobs are

comparable will require an analysis of the jobs as a whole. Minor differences in skill, effort, or

responsibility will not prevent two (2) jobs from being considered comparable.

     (a)(3) "Director" means the director of labor and training.

     (b)(4) "Employee" as used in §§ 28-6-17 -- 28-6-21 means any person employed for hire

by any employer in any lawful employment, but does not include persons engaged in domestic

service in the home of the employer, or employees of any social club, fraternal, charitable,

educational, religious, scientific, or literary association, no part of the net earnings of which inures

to the benefit of any private individual means any person as defined in § 28-14-1.

     (c)(5) "Employer" includes any person acting in the interest of an employer directly or

indirectly means any person or entity as defined in § 28-14-1.

     (d)(6) "Employment" means any employment under contract of hire, expressed or implied,

written or oral, including all contracts entered into by helpers and assistants of employees, whether

paid by employer or employee, if employed with the knowledge, actual or constructive, of the

employer in which all or the greater part of the work is to be performed within the state.

      (7) "Occurrence of discriminatory practice" means whenever a discriminatory

compensation decision or other practice is adopted; whenever an individual becomes subject to a

discriminatory compensation decision or other practice; or whenever an individual is affected by

the application of a discriminatory compensation decision or other practice.

     (8) "Wage" means all amounts at which the labor or service rendered is recompensed,

whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method

of calculating the amount, and includes benefits. An employer shall not be liable under this chapter

for disparities in total gratuities as defined in § 28-12-5 or overtime pay as defined in § 28-12-4.1

or commissions if the disparity is due to a factor over which the employer does not have control.

     (9) "Wage history" means the wages paid to an applicant for employment by the applicant's

current employer and/or previous employer or employers. Wage history shall not include any

objective measure of the applicant's productivity, such as revenue, sales, or other production

reports.

     (10) "Wage range," as applied to an applicant for employment, means the wage range that

the employer anticipates relying on in setting wages for the position and may include reference to

any applicable pay scale,; previously determined range of wages for the position,; the actual range

of wages for those currently holding equivalent positions,; or the budgeted amount for the position,

as applicable. "Wage range," as applied to a current employee, may include reference to any

applicable pay scale,; previously determined range of wages for the position,; or the range of wages

for incumbents in equivalent positions, as applicable.

 

 

 

436)

Section

Amended Chapter Numbers:

 

28-6-18

168 and 169

 

 

28-6-18. Wage differentials based on protected characteristics prohibited.

     (a) No employer shall discriminate in the payment of wages as between the sexes or shall

pay any female in his or her employ salary or wage rates less than the rates paid to male employees

for equal work or work on the same operations pay any of its employees at a wage rate less than

the rate paid to employees of another race, or color, or religion, sex, sexual orientation, gender

identity or expression, disability, age, or country of ancestral origin for comparable work, except

where the employer meets the standards set forth in subsection (b) of this section.

     Nothing contained in this section shall prohibit a variation in rates of pay based upon either

difference in:

     Seniority, experience, training, skill, or ability;

     Duties and services performed, either regularly or occasionally;

     The shift or time of day worked; or

     Availability for other operations or any other reasonable differentiation except difference

in sex.

     Except as provided in this section, any provision in any contract, agreement, or

understanding entered into after passage of this act establishing a variation in rates of pay as

between the sexes, shall be null and void.

     (b) A wage differential is permitted when the employer demonstrates:

     (1) The systems as referenced in § 28-6-18 this section are fair and are not being used as

a pretext for an unlawful wage differential;

     (2) The differential is based upon one or more of the following factors:

     (i) A seniority system; provided, however, that time spent on leave due to a pregnancy-

related condition or parental, family, and medical leave shall not reduce seniority;

     (ii) A merit system;

     (iii) A system that measures earnings by quantity or quality of production;

     (iv) Geographic location when the locations correspond with different costs of living;

provided, that no location within the state of Rhode Island will be considered to have a sufficiently

different cost of living. This clause shall apply at the employer's discretion and for the limited

purpose of determining wage differentials for employees.;

     (v) Reasonable shift differential, which is not based upon or derived from a differential in

compensation based on characteristics identified in § 28-6-18(a) subsection (a) of this section;

     (vi) Education, training, or experience to the extent such factors are job-related and

consistent with a business necessity;

     (vii) Work-related travel, if the travel is regular and a business necessity; or

     (viii) A bona fide factor other than those characteristics identified by § 28-6-18(a), which

subsection (a) of this section that is not based upon or derived from a differential in compensation

based on characteristics identified in § 28-6-18(a) subsection (a) of this section; which that is job-

related with respect to the position in question; and which that is consistent with business necessity.

This factor shall not apply if the employee demonstrates that an alternative business practice exists

that would serve the same business purpose without producing the wage differential and that the

employer has refused to adopt such alternative practice. A cost prohibitive alternative business

practice is not an alternative business practice under this section;

     (3) The factor or factors relied upon must reasonably explain the differential; or

     (4) Each factor is relied upon reasonably.

     (c) An individual's wage history cannot, by itself, justify an otherwise unlawful wage

differential.

     (d) An employer who discriminates in violation of this section shall not, in order to comply

with the provisions of this section, reduce the wage rate of any employee.

     (e) The agreement of an employee to work for less than the wage to which the employee is

entitled under this chapter is not a defense to an action under this chapter; provided, however, in

the event an employer provides health insurance or retirement benefits as a benefit to employees, a

difference in such benefits due to an employee's decision, in writing, to decline such a benefit shall

not be considered a violation of this section, as long as the employer provides equal access to such

benefit.

     (f) No employer shall prohibit an employee from inquiring about, discussing, or disclosing

the wages of such employee or another employee or retaliate against an employee who engages in

such activities. No employer shall require an employee to enter into a waiver or other agreement

that purports to deny an employee the right to disclose or discuss their wages. An employer shall

not prohibit an employee from aiding or encouraging any other employee to exercise their rights

under this subsection.

     (1) Nothing in this subsection shall require an employee to disclose their wages.

     (2) Nothing in this subsection shall be construed to limit the rights of an employee provided

by any other provision of law or collective bargaining agreement.

     (g) No employer shall discharge or in any other manner discriminate or retaliate against

any applicant for employment or employee because the applicant or employee has opposed a

practice made unlawful by this chapter or because the applicant or employee has made a charge or

filed any complaint with the employer, the director of labor and training, or any other person, under

or related to the provisions of this chapter; has instituted or caused to be instituted any investigation,

proceeding, hearing, or any action under or related to the provisions of this chapter; has testified or

is planning to testify; or has assisted or participated in any manner in any such investigation,

proceeding, or hearing under the provisions of this chapter. No employer shall coerce, intimidate,

threaten, or interfere with any individual in the exercise or enjoyment of, or on account of their

having exercised or enjoyed, or on account of their having aided or encouraged any other individual

in the exercise or enjoyment of, any right granted or protected by the provisions of this chapter.

     (h) Except as provided in this section, any provision in any contract entered into after the

effective date of this chapter establishing a variation in rates of pay based on the characteristics

identified by § 28-6-18 subsection (a) of this section shall be null and void.

     (i) Every employer subject to this chapter shall post, in a conspicuous place or places on

its premises, a notice to be prepared or approved by the director which that shall set forth excerpts

of this chapter and any other relevant information which the director deems necessary to explain

the provisions of this chapter to the employees of an employer. Any employer who or that does

not comply with the provisions of this section shall be fined not less than one hundred dollars

($100) nor more than five hundred dollars ($500).

 

 

 

437)

Section

Amended Chapter Numbers:

 

28-6-19

168 and 169

 

 

28-6-19. Enforcement of provisions.

     (a) The director of labor and training shall have the power and it shall be his or her duty to

carry out the provisions of §§ 28-6-17 -- 28-6-21 through - 28-6-24.

     (b) In carrying out these provisions, the director shall have the same powers and duties as

set forth in chapter 14 of title 28 to investigate, inspect, subpoena, and enforce any violations

through administrative hearing complaints.

     (c) The director shall be entitled to the same rights and remedies as set forth in chapter 14

of title 28 for an employer's effort to obstruct the director and authorized representatives in the

performance of their duties.

     (d) The department of labor and training and the commission for human rights shall

cooperate in the investigation of charges filed under this section, when the allegations are within

the jurisdiction of both agencies.

     (e) At the request of any party aggrieved by a violation of this chapter, the director of labor

and training may take an assignment of the claim in trust for the assigning aggrieved party and may

bring any legal action necessary to collect the claim. The director of labor and training shall not be

required to pay the filing fee or other costs in connection with any action. The director of labor and

training shall have the power to join various claimants against the employer, in one cause of action.

If the director of labor and training prevails in an enforcement action, the aggrieved party shall be

awarded damages and the department of labor and training shall be awarded penalties in accordance

with §§ 28-6-20 and 28-6-21.

     (f) An applicant for employment, an employee, or a former employee aggrieved by a

violation of this chapter, may file a complaint with the director of labor and training or may file a

civil action in any court of competent jurisdiction to obtain relief.

     (g) An aggrieved applicant for employment, employee, or former employee may not file a

civil action under this section if they have also filed a complaint with the director of labor and

training and the director has issued notice of an administrative hearing pursuant to this section.

     (h) The filing of a civil action under this section shall not preclude the director of the

department of labor and training from investigating the matter and/or referring the matter to the

attorney general.

     (i) All claims filed under this chapter shall be filed within two (2) years of when the

claimant knew of, or should have known of, the occurrence of a discriminatory practice; provided,

however, a claimant may file a sworn complaint demonstrating facts that establish a willful and

wanton violation of this chapter within three (3) years of when the claimant knew of, or should

have known of, the occurrence of a discriminatory practice; provided, further, that prior to

commencing an action alleging a violation of §§ 28-6-18(a) through (e), a claimant shall provide

the employer with written notice of the claimant’s intent to commence such action at least forty-

five (45) days prior to the commencement of any such action and any such written notice shall

include a statement from the claimant indicating the claimant’s belief that an unlawful wage

differential exists and that it applies to the claimant.

     (j) All claims under this chapter also include each time wages, benefits, or other

compensation are paid, resulting in whole or in part from such a decision or other practice.

     (k) Any party who is aggrieved by a final decision of the department of labor and training

is entitled to a trial de novo in superior court in the county having jurisdiction. Proceedings shall

be commenced by the aggrieved party by filing a complaint in the superior court within thirty (30)

days of the issuance of the final agency decision. The complaint shall name the opposing party.

The rules of civil procedure and evidence shall apply to the proceedings. Thereafter, either party

shall have the right of appeal to the supreme court.

 

 

 

 

 

 

 

438)

Section

Amended Chapter Numbers:

 

28-6-20

168 and 169

 

 

28-6-20. Liability of employer.

     An employer who violates the provisions of § 28-6-18 shall be liable to the employee or

employees affected in the amount of their unpaid wages, and in an additional equal amount of

liquidated damages. An action to recover the liability may be maintained in any court of competent

jurisdiction by any one or more employees for and in behalf of himself or herself or themselves and

other similarly situated employees. At the request of any employee paid less than the wage to which

he or she is entitled under §§ 28-6-17 -- 28-6-21, the director of labor and training may take an

assignment of the wage claim in trust for the assigning employee and may bring any legal action

necessary to collect the claim, and the liquidated damages provided for above. The director of labor

and training shall not be required to pay the filing fee or other costs in connection with the action.

The director of labor and training shall have the power to join various claimants against the

employer in one cause of action.

     (a) Any employee or former employee aggrieved by a violation of §§ 28-6-18(a) through

(i) shall be entitled to the same protections and relief as under § 28-14-19.2(a).

     (b) An employer who violates § 28-6-22 shall be liable for any compensatory damages; or

special damages not to exceed ten thousand dollars ($10,000); appropriate equitable relief; and

reasonable attorneys' fees and costs. In setting the amount of damages, the appropriate finder of

fact should consider the size of the employer's business,; the good faith of the employer,; the gravity

of the violation,; the history of previous violations,; and whether or not the violation was an

innocent mistake or willful.

 

 

 

 

439)

Section

Amended Chapter Numbers:

 

28-6-21

168 and 169

 

 

28-6-21. Penalty for violations.

     Any employer who violates any provision of §§ 28-6-17 -- 28-6-21, or who discharges or

in any other manner discriminates against any employee because the employee has made any

complaint to his or her employer, the director of labor and training, or any other person, or instituted

or caused to be instituted any proceeding under or related to §§ 28-6-17 -- 28-6-21, or has testified

or is about to testify in any proceeding, shall, upon conviction, be punished by a fine of not more

than two hundred dollars ($200) or by imprisonment for not more than six (6) months, or by both

fine and imprisonment.

     (a) In addition to any other relief to which any aggrieved party may be entitled for such a

violation, an employer who violates § 28-6-18 or § 28-6-22 may be liable for a civil penalty to be

paid to the department of labor and training. That penalty shall be set within the following ranges:

     (1) Up to one thousand dollars ($1,000) for a first violation;

     (2) Up to two thousand five hundred dollars ($2,500) for a violation where the employer

has had one violation of § 28-6-18 or § 28-6-22 within the five (5) years prior to the complaint or

action being filed; or

     (3) Up to five thousand dollars ($5,000) for a violation where the employer has had two

(2) or more violations of § 28-6-18 or § 28-6-22 within the seven (7) years prior to the complaint

or action being filed.

     (b) In determining the amount of any penalty imposed under this section, the director or

the court shall consider the size of the employer's business,; the good faith of the employer,; the

gravity of the violation,; the history of previous violations,; and whether or not the violation was

an innocent mistake or willful. The director or the court may lower any penalty imposed under this

section if the employer demonstrates that they completed a self-evaluation as defined in § 28-6-24.

     (c) No civil penalties shall be assessed from January 1, 2023, to December 31, 2024.

 

 

 

 

440)

Section

Added Chapter Numbers:

 

28-6-22

168 and 169

 

 

28-6-22. Wage history and wage range.

     (a) No employer shall:

     (1) Rely on the wage history of an applicant when deciding whether to consider the

applicant for employment;

     (2) Require that an applicant's prior wages satisfy minimum or maximum criteria as a

condition of being considered for employment;

     (3) Rely on the wage history of an applicant in determining the wages such applicant is to

be paid by the employer, upon hire; or

     (4) Seek the wage history of an applicant.

     (b) Notwithstanding the provisions of subsection (a) of this section, after the employer

makes an initial offer of employment with an offer of compensation to an applicant for employment,

an employer may:

     (1) Rely on wage history to support a wage higher than the wage offered by the employer,

if wage history is voluntarily provided by the applicant for employment, without prompting from

the employer;

     (2) Seek to confirm the wage history of the applicant for employment to support a wage

higher than the wage offered by the employer, when relying on wage history as permitted in

subsection (b)(1) of this section; and

     (3) Rely on wage history in these circumstances to the extent that the higher wage does not

create an unlawful pay differential based on the characteristics identified in § 28-6-18(a).

     (4) Nothing in this section shall penalize an employer for having knowledge of an

employee's wage history at that employer if the employee currently works for the employer.

     (5) Notwithstanding any other provision to the contrary, nothing in this chapter shall

preclude an employer from verifying information voluntarily provided by a job applicant about an

applicant's unvested equity or deferred compensation that an applicant would forfeit or have

cancelled by virtue of the applicant's resignation from their the applicant’s current employer or

any voluntary disclosure of non-wage related information. Further, an employer may request a

background check that does not affirmatively seek wage history; provided, however, if the

background check discloses the applicant's wage history, such information shall not be relied on

for purposes of determining wage, benefits or other compensation for an applicant during the hiring

process, including the negotiation for a contract for employment.

     (c) Upon the applicant’s request, an employer shall provide an applicant for employment

the wage range for the position for which the applicant is applying. The employer should provide

a wage range for the position the applicant is applying for prior to discussing compensation. An

employer shall provide an employee the wage range for the employee's position both at the time of

hire and when the employee moves into a new position.  During the course of employment, upon

an employee’s request, an employer shall provide the wage range for the employee’s position.

     (d) The department of labor and training may provide guidance to employers for

determining the information to be provided pursuant to subsection (c) of this section, and may

include information regarding definitions applicable to this chapter.

     (e) An employer may not refuse to interview, hire, promote, or employ an applicant for

employment or employee and may not retaliate against that individual because he or she did not

provide a wage history or because he or she requested the wage range for a position in accordance

with this section.

 

 

 

 

441)

Section

Added Chapter Numbers:

 

28-6-23

168 and 169

 

 

28-6-23. Regulations.

     The department shall coordinate implementation and enforcement of this chapter and shall

promulgate appropriate guidelines or regulations for such purposes.

 

 

 

 

442)

Section

Added Chapter Numbers:

 

28-6-24

168 and 169

 

 

28-6-24. Self-evaluation by employer.

     (a) Any employer against whom an action is brought alleging a violation of §§ 28-6-18(a)

through (e) shall have an affirmative defense to all liability if the employer is able to demonstrate

that the employer has conducted a good faith self-evaluation pursuant to the provisions of this

subsection of the employer's pay practices within the previous two (2) years and prior to

commencement of the action and can demonstrate that any unlawful wage differentials revealed by

its self-evaluation have been eliminated. For purposes of this subsection, an employer's self-

evaluation may be of the employer's own design or on standard template or form to be issued by

the department of labor and training, as long as the scope and detail of the self-evaluation reflects

the exercise of due diligence by the employer to identify, prevent, and mitigate violations of this

chapter in light of the size of the employer.

     (1) In determining whether a self-evaluation reflects the exercise of due diligence by the

employer, the factors the court shall consider include, but are not limited to,: whether the evaluation

includes all relevant jobs and employees within those relevant jobs; whether the employer's analysis

makes a reasonable effort to identify similar jobs and employees using a consistent, fact-based

approach; whether the employer has tested explanatory factors for an unbiased and relevant

relationship to pay; whether the evaluation takes into account all reasonably relevant and available

information; and whether the evaluation is reasonably sophisticated in its analysis of potentially

comparable work, employee compensation, and the application of the permissible reasons for wage

differentials set forth in § 28-6-18(b). If an employer fails to retain the records necessary to show

the manner in which it evaluated and applied these factors, it may give rise to an inference that the

employer did not exercise due diligence in conducting its self-evaluation.

     (2) In determining whether an employer has eliminated an unlawful wage differential

revealed by its self-evaluation, the court shall determine whether the employer has adjusted salaries

or wages in order that employees performing comparable work are paid equally and whether any

salary or wage adjustments have been completed prior to commencement of the action. An

employer shall have ninety (90) days from the date of completion of its self-evaluation to adjust

wages beginning from the day in the pay period the self-evaluation was completed.

     (b) The affirmative defense to liability set forth in subsection (a) of this section shall be

available to employers beginning on January 1, 2023, and ending June 30, 2026. Thereafter, an

employer who has conducted a self-evaluation and eliminated any unlawful differentials as

provided in subsection (a) of this section shall not be liable for liquidated damages or compensatory

damages under § 28-6-20 or civil penalties under § 28-6-21; provided, however, that nothing

contained in this subsection (b) shall prevent an employee aggrieved by an unlawful wage

differential from filing a civil action in any court of competent jurisdiction to obtain unpaid wages

and equitable relief; provided, further, that in lieu of an employer being relieved of liability for

liquidated damages and compensatory damages under § 28-6-20 or civil penalties under § 28-6-21,

an employer who or that has conducted a self-evaluation and eliminated any unlawful differentials

as provided in subsection (a) of this section, and compensated the employee for any unpaid wages,

shall have an affirmative defense to all liability.

     (c) Evidence that a self-evaluation has been conducted or that remedial steps have been

undertaken in accordance with this section is not sufficient evidence, standing alone, to find a

violation of §§ 28-6-18(a) through (e) that occurred prior to the date of the completion of the self-

evaluation.

     (d) An employer who has not completed a self-evaluation shall not be subject to any

negative or adverse inference as a result of not having completed a self-evaluation.

 

 

 

 

443)

Section

Amended Chapter Numbers:

 

28-12-3

15 and 16

 

 

28-12-3. Minimum wages.

     (a) Every employer shall pay to each of his or her employees: commencing July 1, 1999,

at least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing

September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour.

     (b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents

($6.75) per hour.

     (c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10)

per hour.

     (d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents

($7.40) per hour.

     (e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five

cents ($7.75) per hour.

     (f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour.

     (g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour.

     (h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents ($9.60)

per hour.

     (i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10)

per hour.

     (j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents ($10.50)

per hour.

     (k) Commencing October 1, 2020, the minimum wage is eleven dollars and fifty cents

($11.50) per hour.

     (l) Commencing January 1, 2022, the minimum wage is twelve dollars and twenty-five

cents ($12.25) per hour.

     (m) Commencing January 1, 2023, the minimum wage is thirteen dollars ($13.00) per hour.

     (n) Commencing January 1, 2024, the minimum wage is fourteen dollars ($14.00) per hour.

     (o) Commencing January 1, 2025, the minimum wage is fifteen dollars ($15.00) per hour.

 

 

 

 

444)

Section

Amended Chapter Numbers:

 

28-33-17

402 and 403

 

 

28-33-17. Weekly compensation for total incapacity -- Permanent total disability --

Dependents' allowances.

     (a)(1) While For all injuries on or after January 1, 2022, while the incapacity for work

resulting from the injury is total, the employer shall pay the injured employee a weekly

compensation equal to seventy-five percent (75%) sixty-two percent (62%) of his or her average

weekly spendable base wages, earnings, or salary, as computed pursuant to the provisions of § 28-

33-20. For all injuries on or before December 31, 2021, while the incapacity for work resulting

from the injury is total, the employer shall pay the injured employee a weekly compensation equal

to seventy-five percent (75%) of his or her average weekly spendable base wages, earnings, or

salary, as computed pursuant to the provisions of § 28-33-20. The amount may not exceed more

than sixty percent (60%) of the state average weekly wage of individuals in covered employment

under the provisions of the Rhode Island employment security act as computed and established by

the Rhode Island department of labor and training, annually, on or before May 31 of each year,

under the provisions of § 28-44-6(a). Effective September 1, 1974, the maximum rate for weekly

compensation for total disability shall not exceed sixty-six and two-thirds percent (662/3%) of the

state average weekly wage, as computed and established under the provisions of § 28-44-6(a).

Effective September 1, 1975, the maximum rate for weekly compensation for total disability shall

not exceed one hundred percent (100%) of the state average weekly wage, as computed and

established under the provisions of § 28-44-6(a). Effective September 1, 2007, the maximum rate

for weekly compensation for total disability shall not exceed one hundred fifteen percent (115%)

of the state average weekly wage, as computed and established under the provisions of § 28-44-

6(a). Effective October 1, 2016, the maximum rate for weekly compensation for total disability

shall not exceed one hundred twenty percent (120%) of the state average weekly wage as computed

and established under the provisions of § 28-44-6(a), and effective October 1, 2017, the maximum

rate for weekly compensation for total disability shall not exceed one hundred twenty-five percent

(125%) of the state average weekly wage, as computed and established under the provisions of §

28-44-6(a). If the maximum weekly benefit rate is not an exact multiple of one dollar ($1.00), then

the rate shall be raised to the next higher multiple of one dollar ($1.00).

     (2) The average weekly wage computed and established under § 28-44-6(a) is applicable

to injured employees whose injury occurred on or after September 1, 2000, and shall be applicable

for the full period during which compensation is payable.

     (3)(i) "Spendable earnings" means the employee's gross, average weekly wages, earnings,

or salary, including any gratuities reported as income, reduced by an amount determined to reflect

amounts that would be withheld from the wages, earnings, or salary under federal and state income

tax laws, and under the Federal Insurance Contributions Act (FICA), 26 U.S.C. § 3101 et seq.,

relating to Social Security and Medicare taxes. In all cases, it is to be assumed that the amount

withheld would be determined on the basis of expected liability of the employee for tax for the

taxable year in which the payments are made without regard to any itemized deductions but taking

into account the maximum number of personal exemptions allowable.

     (ii) Each year, the director shall publish tables of the average weekly wage and seventy-

five percent (75%) of spendable earnings that are to be in effect on May 10. These tables shall be

conclusive for the purposes of converting an average weekly wage into seventy-five percent (75%)

of spendable earnings. In calculating spendable earnings, the director shall have discretion to

exempt funds assigned to third parties by order of the family court pursuant to § 8-10-3 and funds

designated for payment of liens pursuant to § 28-33-27 upon submission of supporting evidence.

     (b)(1) In the following cases, it shall, for the purpose of this section, be that the injury

resulted in permanent total disability:

     (i) The total and irrecoverable loss of sight in both eyes or the reduction to one-tenth

(1/10th) or less of normal vision with glasses;

     (ii) The loss of both feet at or above the ankle;

     (iii) The loss of both hands at or above the wrist;

     (iv) The loss of one hand and one foot;

     (v) An injury to the spine resulting in permanent and complete paralysis of the legs or arms;

and

     (vi) An injury to the skull resulting in incurable imbecility or insanity.

     (2) In all other cases, total disability shall be determined only if, as a result of the injury,

the employee is physically unable to earn any wages in any employment; provided, that in cases

where manifest injustice would otherwise result, total disability shall be determined when an

employee proves, taking into account the employee's age, education, background, abilities, and

training, that he or she is unable, on account of his or her compensable injury, to perform his or her

regular job and is unable to perform any alternative employment. The court may deny total

disability under this subsection without requiring the employer to identify particular alternative

employment.

     (c)(1) Where the employee has persons conclusively presumed to be dependent upon him

or her, or in fact so dependent, the sum of fifteen dollars ($15.00) shall be added to the weekly

compensation payable for total incapacity for each person wholly dependent on the employee,

except that the sum of forty dollars ($40.00) shall be added for those receiving benefits under § 28-

33-12, but in no case shall the aggregate of those amounts exceed eighty percent (80%) of the

average weekly wage of the employee, except that there shall be no limit for those receiving

benefits under § 28-33-12.

     (2) The dependency allowance shall be in addition to the compensation benefits for total

disability otherwise payable under the provisions of this section. The dependency allowance shall

be increased if the number of persons dependent upon the employee increases during the time that

weekly compensation benefits are being received.

     (3) For the purposes of this section, the following persons shall be conclusively presumed

to be wholly dependent for support upon an employee:

     (i) A wife upon a husband with whom she is living at the time of his injury, but only while

she is not working for wages during her spouse's total disability.

     (ii) A husband upon a wife with whom he is living at the time of her injury, but only while

he is not working for wages during his spouse's total disability.

     (iii) Children under the age of eighteen (18) years, or over that age but physically or

mentally incapacitated from earning, if living with the employee, or, if the employee is bound or

ordered by law, decree, or order of court, or by any other lawful requirement, to support the

children, although living apart from them. Provided, that the payment of dependency benefits to a

dependent child over the age of eighteen (18) years shall continue as long as that child is

satisfactorily enrolled as a full-time student in an educational institution or an educational facility

duly accredited or approved by the appropriate state educational authorities at the time of

enrollment. Those payments shall not be continued beyond the age of twenty-three (23) years.

"Children," within the meaning of this paragraph, also includes any children of the injured

employee conceived but not born at the time of the employee's injury, and the compensation

provided for in this section shall be payable on account of any such children from the date of their

birth.

     (d) "Dependents," as provided in this section, does not include the spouse of the injured

employee except as provided in paragraphs (c)(3)(i) and (ii) of this section. In all other cases

questions of dependency shall be determined in accordance with the facts as the facts may be at the

time of the injury.

     (e) The court, or any of its judges, may, in its or his or her discretion, order the insurer or

self-insurer to make payment of the nine dollars ($9.00) or fifteen dollars ($15.00) for those

receiving benefits under § 28-33-12 directly to the dependent.

     (f)(1) Where any employee's incapacity is total and has extended beyond fifty-two (52)

weeks, regardless of the date of injury, payments made to all totally incapacitated employees shall

be increased as of May 10, 1991, and annually on the tenth of May after that as long as the employee

remains totally incapacitated. The increase shall be by an amount equal to the total percentage

increase in the annual Consumer Price Index, United States City Average for Urban Wage Earners

and Clerical Workers, as formulated and computed by the Bureau of Labor Statistics of the United

States Department of Labor for the period of March 1 to February 28 each year.

     (2) If the employee is subsequently found to be only partially incapacitated, the weekly

compensation benefit paid to the employee shall be equal to the payment in effect prior to his or

her most recent cost of living adjustment.

     (3) "Index" as used in this section refers to the consumer price index Consumer Price

Index, United States City Average for Urban Wage Earners, and Clerical Workers, as that index

is formulated and computed by the Bureau of Labor Statistics of the United States Department of

Labor.

     (4) The May 10, 1991, increase shall be based upon the total percentage increase, if any,

in the annual consumer price index Consumer Price Index for the period of March 1, 1990, to

February 28, 1991. Thereafter, increases shall be made on May 10 annually, based upon the

percentage increase, if any, in the index for the period March 1 to February 28.

     (5) The computations in this section shall be made by the director of labor and training and

promulgated to insurers and employers making payments required by this section. Increases shall

be paid by insurers and employers without further order of the court. If payment payable under this

section is not paid within fourteen (14) days after the employer or insurer has been notified or it

becomes due, whichever is later, there shall be added to the unpaid payment an amount equal to

twenty percent (20%) of that amount, which shall be paid at the same time as, but in addition to,

the payment.

     (6) This section applies only to payment of weekly indemnity benefits to employees as

described in subdivision (1) of this subsection, and does not apply to specific compensation

payments for loss of use or disfigurement or payment of dependency benefits or any other benefits

payable under the workers' compensation act.

     (7) Notwithstanding any other provision of the general law laws or public laws to the

contrary, any employee of the state of Rhode Island who is receiving workers' compensation

benefits for total incapacity, as a result of brain injury due to a violent assault, on or before July 19,

2005, shall be entitled to receive the health insurance benefit he or she was entitled to at the time

of the injury for the duration of the total incapacity or until said employee and his or her spouse are

both eligible for Medicare.

 

 

 

445)

Section

Amended Chapter Numbers:

 

28-33-18

402 and 403

 

 

28-33-18. Weekly compensation for partial incapacity.

     (a) While For all injures injuries on or after January 1, 2022, 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%) sixty-two percent (62%) 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 § 28-33-20, 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. For all injuries on or before

December 31, 2021, 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 § 28-33-20, 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 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.

 

 

 

 

446)

Section

Amended Chapter Numbers:

 

28-33-20.1

402 and 403

 

 

28-33-20.1. Computation of earnings for recurrence -- Burden of employee to

establish recurrence.

     (a) In the event a person collecting benefits under this chapter, regardless of the date of

injury, has returned to employment for a period of twenty-six (26) weeks or more and suffers a

recurrence of the injury which that precipitated the person collecting benefits under this chapter,

the average weekly wage shall be ascertained by dividing the gross wages earned by the injured

worker in employment by the employer in whose service he or she is injured during by applying

the same formula of § 28-33-20 to the thirteen (13) calendar weeks immediately preceding the week

in which he or she suffered the recurrence, by the number of calendar weeks during which, or any

portion of which, the worker was actually employed by that employer. In making this computation,

absence for seven (7) consecutive calendar days, although not in the same calendar week, shall be

considered as absence for a calendar week.

     (b) For all petitions filed to prove recurrence of incapacity to work, regardless of the date

of injury, the employee must document that the incapacity has increased or returned without the

need for the employee to document a comparative change of condition.

 

 

 

 

447)

Section

Amended Chapter Numbers:

 

28-33-25.1

402 and 403

 

 

28-33-25.1. Settlement of disputed cases.

     Notwithstanding the provisions of §§ 28-33-25 and 28-33-26, in cases where liability of

the employer for payment of workers' compensation benefits has not been finally established, the

parties may submit a settlement proposal to the workers' compensation court for approval. If, upon

consideration, a judge of the workers' compensation court deems the settlement proposal to be in

the best interest of the parties, including the employee, employer, and the insurance carrier, and

where applicable the Centers for Medicare and Medicaid Services (CMS) as their interests may

apply, the judge may approve the settlement. Payment by the employer or insurer shall not be

deemed to be the payment of workers' compensation benefits, but shall be considered a compromise

payment of a disputed claim. The settlement and payment pursuant to it shall not be subject to liens

set forth in § 28-33-27(b) and 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 the payment is delinquent. Upon payment, the

employer and insurer shall be entitled to a duly executed release that fully and finally absolves and

discharges the employer and insurer from any and all liability arising out of the claimed injury.

 

 

 

 

448)

Section

Amended Chapter Numbers:

 

28-41-35

178 and 179

 

 

28-41-35. Benefits.

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

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

and customary work because he or she is:

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

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

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

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

of § 28-41-12. Employees may use accrued sick time during the eligibility waiting period in

accordance with the policy of the individual's employer.

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

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

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

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

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

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

time of the leave changes for unforeseeable circumstances.

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

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

chapters 39 -- 41 of this title.

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

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

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

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

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

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

following:

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

of four (4) weeks in a benefit year;

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

of five (5) weeks in a benefit year;

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

of six (6) weeks in a benefit year.

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

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

benefit year.

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

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

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

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

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

the commencement of leave.

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

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

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

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

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

caregiver benefits.

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

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

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

103-3 and/or the Rhode Island Parental and Family Medical Leave Act, 28-41 § 28-48-1 et seq.,

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

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

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

Medical Leave Act.

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

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

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

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

the Rhode Island Parental and Family Medical Leave Act, 28-41 § 28-48-1 et seq., who exercises

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

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

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

Act.

 

 

 

 

449)

Section

Amended Chapter Numbers:

 

28-42-3

17 and 18

 

 

28-42-3. Definitions.

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

following meanings unless the context clearly requires otherwise:

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

established by this chapter;.

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

wages earned for service performed in employment within his or her the individual’s base period

by the number of that individual's credit weeks within his or her the individual’s base period;.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

as determined by § 28-44-9;.

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

in chapters 42 -- 44 of this title, for his or her the individual’s wage losses with respect to any

week of total unemployment;.

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

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

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

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

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

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

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

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

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

regulations as subsequently prescribed;.

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

required by those chapters;.

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

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

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

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

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

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

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

wages amounting to at least his or her the individual’s weekly benefit rate for performing services

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

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

who:

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

     (ii) Pays (either on his or her the crew leader’s own behalf or on behalf of that other

person) the individuals so furnished by him or her the crew leader for the service in agricultural

labor performed by them; and

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

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

operator).

     (13) "Director" means the head of the department of labor and training or his or her the

director’s authorized representative;.

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

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

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

individuals employed in that domestic service;.

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

to those chapters and in employment subject to those chapters;.

     (16) "Employer" means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

or trustee, or the legal representative of a deceased person, that has, or had, in his or her the unit’s

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

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

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

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

domestic service in that private home;.

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

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

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

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

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

42-8(7).

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

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

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

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

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

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

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

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

partnership with the IRS.

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

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

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

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

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

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

mechanized equipment that is provided by that crew leader; and

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

subdivision (15) of this section; and

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

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

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

individual; and

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

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

(either on his or her the crew leader’s own behalf or on behalf of that other person) for the service

in agricultural labor performed for that other person;.

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

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

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

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

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

the following:

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

the state, or any of its instrumentalities;

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

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

subdivisions;.

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

department of health as a hospital;.

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

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

high school, or the recognized equivalent of such certificate;

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

school;

     (C) Provides:

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

that is acceptable for full credit toward such a degree;

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

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

occupation; and

     (D) Is a public or other nonprofit institution.

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

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

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

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

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

week of less than full-time work if he or she fails they fail the employee fails to earn in wages for

that week an amount equal to the weekly benefit rate for total unemployment to which he or she

they the employee would be entitled if totally unemployed and eligible. For weeks beginning on

or after May 23, 2021, through June 30, 2022, an employee shall be deemed partially unemployed

in any week of less than full-time work if they fail the employee fails to earn wages for that week

in an amount equal to or greater than one hundred and fifty percent (150%) of the weekly benefit

rate for total unemployment to which they the employee would be entitled if totally unemployed

and eligible.

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

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

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

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

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

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

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

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

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

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

that week.

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

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

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

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

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

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

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

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

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

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

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

subdivision for that week.

     (iii)(iv) Notwithstanding anything contained to the contrary in this subdivision, "Services

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

services rendered by an individual under the exclusive supervision of any agency of this state, or

any of its political subdivisions, by which the services are required solely for the purpose of

affording relief, support, or assistance to needy individuals performing those services, or services

performed by members of the national guard and organized reserves in carrying out their duties in

weekly drills as members of those organizations. "Wages," as used in this subdivision and in

subdivision (28) of this section, does not include either remuneration received by needy individuals

for rendering the aforementioned services when that remuneration is paid exclusively from funds

made available for that purpose out of taxes collected by this state or any of its political

subdivisions, or remuneration received from the federal government by members of the national

guard and organized reserves, as drill pay, including longevity pay and allowances;.

     (27) "Payroll" means the total amount of all wages paid by the employer to his or her the

employer’s employees for employment;.

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

week in which he or she the individual performs no services (as used in subdivision (26) of this

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

section), and in which he or she the individual cannot reasonably return to any self-employment

in which he or she the individual has customarily been engaged;.

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

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

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

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

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

the individual’s employment from persons other than his or her the individual’s employing unit

shall be treated as wages paid by his or her the individual’s employing unit. The reasonable cash

value of remuneration paid in any medium other than cash, and the reasonable amount of gratuities,

shall be estimated and determined in accordance with rules prescribed by the director; except that

for the purpose of this subdivision and of §§ 28-43-1 -- 28-43-14, this term does not include:

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

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

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

employer or his or her the employer’s predecessor to that individual; provided, that if the definition

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

remuneration in excess of the taxable wage base for that employment, then, for the purposes of §§

28-43-1 -- 28-43-14, "Wages wages" includes the remuneration as previously set forth, up to an

amount equal to the dollar limitation specified in the federal act. For the purposes of this

subdivision, "Employment employment" includes services constituting employment under any

employment security law of another state or of the federal government;

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

system established by an employer that makes provision for his or her employees generally, or for

a class or classes of his or her employees (including any amount paid by an employer or an

employee for insurance or annuities, or into a fund, to provide for any such payment), on account

of:

     (A) Retirement;

     (B) Sickness or accident disability;

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

disability; or

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

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

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

his or her the individual’s employer; and

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

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

either upon his or her the employee’s withdrawal from the plan or system providing for that benefit

or upon termination of the plan or system or policy of insurance, or of his or her the individual’s

employment with that employer.;

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

employee) of:

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

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

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

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

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

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

 

 

 

 

 

 

450)

Section

Amended Chapter Numbers:

 

28-44-7

17 and 18

 

 

28-44-7. Partial unemployment benefits.

     For weeks beginning on or after July 1, 1983, an individual partially unemployed and

eligible in any week shall be paid sufficient benefits with respect to that week, so that his or her

the individual’s week's wages, rounded to the next higher multiple of one dollar ($1.00), as defined

in § 28-42-3(25)(26), and his or her the individual’s benefits combined will equal in amount the

weekly benefit rate to which he or she the individual would be entitled if totally unemployed in

that week. For weeks beginning on or after May 23, 2021, through June 30, 2022, an individual

partially unemployed and eligible in any week shall be paid benefits in an amount equal to the

weekly benefit rate to which they the individual would be entitled if totally unemployed in that

week less any wages earned in that week, as defined in § 28-42-3(26), and their the individual’s

benefits combined may not exceed in amount one hundred and fifty percent (150%) of the

individual's weekly benefit rate.

 

 

 

 

451)

Section

Amended Chapter Numbers:

 

28-50-2

393 and 394

 

 

28-50-2. Definitions.

     As used in this chapter:

     (1) "Employee" means a person employed by any employer, and shall include, but not be

limited to,: at-will employees, contract employees, applicants, prospective employees, and

independent contractors.

     (2) "Employer" means any person, partnership, association, sole proprietorship,

corporation or other business entity, including any department, agency, commission, committee,

board, council, bureau, or authority or any subdivision thereof in state or municipal government.

One shall employ another if services are performed for wages or under any contract of hire, written

or oral, express or implied.

     (3) "Person" means an individual, sole proprietorship, partnership, corporation,

association, or any other legal entity.

     (4) "Public body" means all of the following:

     (i) A state officer, employee, agency, department, division, bureau, board, commission,

council, authority, or other body in the executive branch of state government.;

     (ii) An agency, board, commission, council, member, or employee of the legislative branch

of state government.;

     (iii) A county, city, town, or regional governing body, a council, school district, or a board,

department, commission, agency, or any member or employee of the entity.;

     (iv) Any other body which that is created by state or local authority or which that is

primarily funded by or through state or local authority, or any member or employee of that body.;

     (v) A law enforcement agency or any member or employee of a law enforcement agency.;

     (vi) The judiciary and any member or employee of the judiciary.;

     (vii) Any federal agency.

     (5) "Supervisor" means any individual to whom an employer has given the authority to

direct and control the work performance of the affected employee or any individual who has the

authority to take corrective action regarding the violation of a law, rule, or regulation about which

the employee complains.

 

 

 

452)

Section

Amended Chapter Numbers:

 

28-50-3

393 and 394

 

 

28-50-3. Protection.

     An employer shall not discharge, threaten, or otherwise discriminate against an employee

regarding the employee's compensation, terms, conditions, location, or privileges of employment

nor shall an employer report or threaten to report an employee's immigration status to Immigration

and Customs Enforcement (ICE) or any other immigration agency or law enforcement agency

including local and state police:

     (1) Because the employee, or a person acting on behalf of the employee, reports or is about

to report to a public body, verbally or in writing, a violation which that the employee knows or

reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated

under the law of this state, a political subdivision of this state, or the United States, unless the

employee knows or has reason to know that the report is false,; or

     (2) Because an employee is requested by a public body to participate in an investigation,

hearing, or inquiry held by that public body, or a court action,; or

     (3) Because an employee refuses to violate or assist in violating federal, state, or local law,

rule, or regulation,; or

     (4) Because the employee reports verbally or in writing to the employer or to the

employee's supervisor a violation, which the employee knows or reasonably believes has occurred

or is about to occur, of a law or regulation or rule promulgated under the laws of this state, a political

subdivision of this state, or the United States, unless the employee knows or has reason to know

that the report is false. Provided, that if the report is verbally made, the employee must establish by

clear and convincing evidence that the report was made.

 

 

 

 

453)

Section

Amended Chapter Numbers:

 

28-50-4

393 and 394

 

 

28-50-4. Relief and damages.

     (a) A person who alleges a violation of this act may bring a civil action for appropriate

injunctive relief, or actual treble damages, or both within three (3) years after the occurrence of the

alleged violation of this chapter.

     (b) An action commenced pursuant to subsection (a) of this section may be brought in the

superior court for the county where the alleged violation occurred, the county where the

complainant resides, or the county where the person against whom the civil complaint is filed

resides or has their principal place of business.

     (c) As used in subsection (a) of this section, "damages" means damages for injury or loss

caused by each violation of this chapter.

     (d) [Deleted by P.L. 2012, ch. 306, § 5 and P.L. 2012, ch. 344, § 5.]

 

 

 

 

454)

Section

Amended Chapter Numbers:

 

28-50-8

393 and 394

 

 

28-50-8. Notices posted.

     An employer shall post notices and use other appropriate means to keep his or her

employees informed of their protections and obligations under this chapter, including posting in

prominent locations in all languages known to be spoken by employees.

 

 

 

 

455)

Section

Added Chapter Numbers:

 

28-57-14.1

151 and 153

 

 

28-57-14.1. Allowable substitution for construction industry multi-employer

collective bargaining agreements.

     (a) Employers in the construction industry as classified as code 23 under the North

American Industry Classification System that are signatories to a multi-employer collective

bargaining agreement authorized pursuant to the National Labor Relations Act shall be in

compliance with the provisions of this chapter if their collective bargaining agreement provides

for:

     (1) Employee paid sick and safe leave benefits which that are compensated at the wage

hourly rate only;

     (2) Accumulation of sick and safe leave benefits on an hourly or weekly basis which that

meets the minimum accrual standards set forth in § 28-57-5; and

     (3) Employer participation in a designated federal Employee Retirement Income Security

Act benefit trust fund to administer the paid sick and safe leave benefits required under this chapter.

     (b) Administration of all other benefits shall be governed by the multi-employer collective

bargaining agreements and the designated Employee Retirement Income Security Act benefit trust

funds referenced therein.

 

 

 

 

456)

Section

Amended Chapter Numbers:

 

29-3.1-2.2

282 and 283

 

 

29-3.1-2.2. Library board of Rhode Island established.

     (a) There is hereby created the library board of Rhode Island, sometimes hereinafter

referred to as the "library board". The library board shall be protected from sudden changes in

membership and reversal of policy by having staggered terms for its public members, and is hereby

made successor to all powers, rights, duties, and privileges pertaining to public library services and

interlibrary cooperation and resource sharing.

     (b) The library board shall consist of fifteen (15) members appointed by the governor, with

the advice and consent of the senate, five (5) of whom shall be representative of general library

users. The remainder of the governor's appointments shall be representative of the following:

     (1) Users of the Talking Books Plus Library, the economically disadvantaged, and

corporate or special librarians; school library media specialists;

     (2) Librarians serving people who are institutionalized;

     (3) Public library trustees and statewide library advocacy group; and

     (4) Librarians from small public libraries, librarians from large or medium public libraries,

and academic librarians.

     (c) The commissioner for elementary and secondary education, or a designee, and the

commissioner for higher education, or a designee, shall serve as nonvoting ex officio members.

     (d) The governor shall appoint from the library board's public members a chairperson. The

board may elect from among its members such other officers as it deems necessary.

     (d)(e) Board members shall receive no compensation for their services but shall be allowed

travel expenses related to attendance at board meetings.

     (e)(f) No person shall be eligible for appointment to the board unless he or she is a resident

of this state.

     (f)(g) Members of the board shall be removable by the governor pursuant to the provisions

of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to

capacity or fitness for the office shall be unlawful.

 

 

 

 

457)

Section

Amended Chapter Numbers:

 

29-6-2

282 and 283

 

 

29-6-2. Public library services.

     (a) For each city or town, the state's share to support local public library services shall be

equal to at least twenty-five percent (25%) of both the amount appropriated and expended in the

second preceding fiscal year by the city or town from local tax revenues and funds from the public

library's private endowment that supplement the municipal appropriation; provided, however, the

state in any year shall not be obligated to match any amount from the endowment that exceeds six

percent (6%) of the three-year (3) average market value, calculated at the end of the calendar year,

of the investments in the endowment. The amount of the grant payable to each municipality in any

year in accordance with this section shall be reduced proportionately in the event that the total of

those grants in any year exceeds the amount appropriated that year for the purposes of this section.

Provided further, however, that the reference year for the state's share of support to be paid in the

year ending June 30, 2008 shall be the third preceding year.

     (b) Those public libraries that do not qualify for aid pursuant to the provisions of subsection

(a) of this section may apply for resource sharing grants, to be used exclusively for the purpose of

payment of the ocean state libraries (OSL) annual assessment charges. Eligible public libraries shall

apply directly to the office of library and information services for these resource sharing grants,

and the grants shall be awarded to the libraries individually, rather than to the city or town. Eligible

libraries must be or become members of the OSL upon receipt of the grant, serve municipalities

that meet minimum standards for Rhode Island public libraries, and meet standards for member

libraries of the library of Rhode Island (LORI) network.

     (c) Provided, that notwithstanding any other provisions of this chapter to the contrary, the

state's share to support local public library services shall also include funding to the Pontiac Free

Library in the city of Warwick for said library's participation in the ocean state libraries (OSL).

Such funding shall be provided regardless of whether the city of Warwick appropriates funds from

local tax revenues to said library. The amount of said state support shall be equal to the average of

the amount appropriated by the city of Warwick to each library in said municipality for participation

in the OSL program, in accordance with the provisions of and formulas set forth in subsection (a).

Provided, further, that in the event the city of Warwick appropriates funds from local tax revenues

for the Pontiac Free Library, then the amount of the state's share to said library shall be calculated

in accordance with the provisions of subsection (a) for any year in which such calculation is

applicable.

 

 

 

 

458)

Section

Amended Chapter Numbers:

 

29-6-3

282 and 283

 

 

29-6-3. Eligibility requirements -- Municipalities.

     (a) To qualify for state aid under § 29-6-2, a city or town shall:

     (1) Appropriate from local tax revenues an amount not less than the amount appropriated

the previous year from local tax revenues and expended for library operating expenses, except in

the fiscal years ending June 30, 2009 and June 30, 2010, during which the amount appropriated

from local tax revenues is not less than eighty percent (80%) of the amount appropriated from the

previous year from local tax revenues and expended for library operating systems. The

appropriation would exclude any state funds received for public library services. Any funds

received from the state shall not be used to supplant funds from local tax revenues;

     (2) In the case of a city or town having more than one free public library therein, submit or

cause to be submitted to the office of library and information services a plan for the allotment or

division of the proposed state aid among the free public libraries in the city or town. The plan shall

be developed by agreement among the free public libraries of the city or town;

     (3) Submit or cause to be submitted to the office of library and information services

evidence that free public libraries in the city or town meet standards of service as set forth in

regulations to be made by the chief of library services pursuant to the provisions of chapter 3.1 of

this title or that the regulations are inappropriate for that library;

     (4) Submit or cause to be submitted a plan describing how the public library or libraries

plan to address one or more of the priorities established by the office of library and information

services.

     (b) The chief of library services upon application and for cause shown may authorize an

annual grant-in-aid under § 29-6-2, or a portion thereof, to a city or town not fully meeting the

requirements set forth in subsections (a)(1)-(a)(3).

     (c) Decisions as to the eligibility of cities and towns for grants-in-aid under this chapter,

and the amounts of the grants-in-aid, shall be made by the chief of library services.

     (d) The chief of library services shall require a preservation plan from any public library

which receives an appropriation from the state of Rhode Island which states the preservation needs

and objectives of the library for the coming fiscal year. The plan shall include, but not be limited

to: condition of materials, assessment of building and environmental controls, and preservation

measures to be taken.

     (e) The chief of library services shall require a disaster preparedness plan from any public

library which receives an appropriation from the state of Rhode Island which states the plan of

action to be taken in the event of a natural or human made disaster. The plan shall be in accordance

with a suggested plan published by the office. The plan shall be submitted no later than January 1,

1993 and shall be updated yearly.

 

 

 

 

459)

Section

Amended Chapter Numbers:

 

29-6-6

282 and 283

 

 

29-6-6. Construction and capital improvements.

     The office of library and information services may cause to be paid to a city or town

treasurer, or to any free public library in the state, such a grant-in-aid for the construction and

capital improvement of any free public library as the chief of library services may determine is

necessary and desirable to provide better free library services to the public, which shall be paid in

accordance with the following provisions:

     (1) No grant-in-aid shall be made unless the city or town receiving the grant-in-aid shall

cause to be appropriated for the same purpose an amount from its own funds and not from any

federal grant or other federal financial assistance equal to, or more than, the state grant-in-aid, or

unless funds from private sources are dedicated for the same purpose in an amount equal to, or

more than, the state grant-in-aid, or unless the total of the city or town appropriation and the funds

from private sources for the same purpose is equal to, or more than, the state grant-in-aid.

     (2) The state grant-in-aid may be paid in installments over a period of years up to a

maximum of twenty (20) years, beginning in the fiscal year during which the project is accepted

by the office of library and information services. Whenever a grant-in-aid is paid on the installment

basis permitted herein, there shall be included in the state grant-in-aid the interest cost actually

incurred by the city or town, or any free public library, as a result of its having to borrow the state's

portion of the total cost of the library project. The amount of this interest cost shall be computed

on the actual interest cost paid by the city or town, or free public library, less any applicable accrued

interest, premiums, and profits from investments, over the period of time elapsing between the date

borrowed funds are made available and the date of the last installment payment of the state grant-

in-aid. Interest cost incurred by the city or town, or any free public library, as a result of having to

borrow its portion of the total cost of the library project shall not be considered a part of the total

cost of the project for the purposes of matching provided for in subdivision (1) of this section.

Nothing contained herein shall prohibit the office of library and information services from

accelerating the schedule of annual installments, or from paying the balance due of the state's grant-

in-aid in a lump sum; provided, however, that the state grant-in-aid in any fiscal year shall include

no less than one-twentieth (1/20) of the state's total reimbursable principal obligations.

Notwithstanding the provisions of this section, the chief of library services shall not accept any

applications for library projects until July 1, 2014.

 

 

 

460)

Section

Amended Chapter Numbers:

 

29-6-9

282 and 283

 

 

29-6-9. Rhode Island library network.

     (a) In order to provide each individual in Rhode Island with equal opportunity of access to

resources that will satisfy their and society's information needs and interests, the office of library

and information services is hereby authorized to establish a Rhode Island Library library network,

hereafter referred to as the library of Rhode Island network (LORI), to be administered by the office

of library and information services for the purpose of maintaining, promoting, and developing a

program of statewide resource sharing and interlibrary cooperation. The office of library and

information services shall include, as part of its budget, a budget for the administration and

operation of the Rhode Island library LORI network to:

     (1) Provide central support services for the library of Rhode Island, such as delivery of

materials, telecommunications, consultant services, resource sharing, and access to bibliographic

and other information sources; and

     (2) Reimburse libraries for the actual cost of providing services to individuals outside the

library's primary clientele; and

     (3) Support the development, maintenance of, and access to the resource sharing potential

embodied in specialized collections and services at the Providence public library and other libraries

that can be provided most cost effectively on a statewide basis.

     (b) By fiscal year 2000, the state shall provide, from state and federal revenue sources, one

hundred percent (100%) of the funding for the following statewide library services:

     (1) Reference resource center located in a public library to be chosen biennially by the

office of library and information services from responses to a request for proposals issued by the

office of library and informational information services no less than every five (5) years;

     (2) Interlibrary delivery system;

     (3) Interlibrary telecommunications system;

     (4) Electronic interlibrary loan system Online resource sharing system to facilitate

interlibrary loan; and

     (5) Statewide catalog of all library holdings A single point of access to all holdings of LORI

member libraries.

     (6) [Deleted by P.L. 1996, ch. 100, art. 29, § 1.]

     (c) Notwithstanding the provisions of subsection (b), the funding for the statewide library

catalog and the statewide access to databases shall be subject to appropriation by the general

assembly. The duty imposed upon the office of state library and information services to create and

maintain a statewide library catalog interlibrary delivery and resource sharing system and provide

statewide access to databases shall be subject to appropriation by the general assembly.

 

 

 

 

461)

Section

Added Chapter Numbers:

 

30-15-45

416 and 417

 

 

30-15-45. Essential mental health and substance use disorder services.

     During any declared state or local disaster emergency pursuant to this chapter, mental

health and substance use disorder services provided by Alcoholics Anonymous, Narcotics

Anonymous, or other agencies that provide similar services to those seeking support for substance

use disorders shall be considered an essential health benefit and the services provided thereby shall

be permitted during the disaster emergency; provided, that adequate measures are implemented to

provide the services safely within whatever guidelines may be established to address the issues

relative to the declared disaster emergency.

 

 

 

 

462)

Section

Amended Chapter Numbers:

 

30-24-3

43 and 44

 

 

30-24-3. Administrator -- Advisory council.

     (a) The director of veterans services shall appoint an administrator for the Rhode Island

veterans' home who shall be an honorably discharged war veteran of the United States Armed

Forces.

     (b) There shall be an advisory council for veterans' affairs, consisting of not more than

fifteen (15) qualified electors of this state, ten (10) of whom shall be honorably discharged veterans

of the armed forces of the United States; twelve (12) of the members shall be appointed by the

governor, consisting of a member designated by each of the various state departments of the active

federally chartered veteran organizations, and the remaining member or members at large;

provided, however, that each of those departments of veteran organizations shall have, and continue

to have, at least one member on the advisory council for veterans' affairs; and, provided further,

that one member shall be a female veteran, one member shall be a minority veteran; one member

of the house of representatives, to be appointed by the speaker of the house of representatives, and

one member from the senate, to be appointed by the president of the senate. The members of the

general assembly who shall serve on the advisory council for veterans' affairs shall serve so long

as they are members of the general assembly. The final remaining member shall be an active

National Guard person to be appointed by the state adjutant general.

 

 

 

 

463)

Section

Amended Chapter Numbers:

 

31-3-47

77 and 78

 

 

31-3-47. Judiciary plates.

     (a) The administrator of the division of motor vehicles is empowered to make available to

each justice of the supreme, superior, family, and district courts to each judge of the workers'

compensation court, the general magistrate of the family court, and to each judge or magistrate of

the traffic tribunal of the state of Rhode Island and Providence Plantations, so long as that member

is serving, a special motor vehicle registration plate.

     (b) Each special motor vehicle registration plate shall carry thereon the design and the seal

of the state of Rhode Island and Providence Plantations and the word, "judiciary".

     (c) The special motor vehicle registration plate shall have consecutive numbers starting

with one through the combined number of people entitled to said plates. Numbers one through five

(5) shall be assigned to the supreme court; numbers six (6) through eight (8) shall be assigned to

the presiding justice of superior court, chief judge of family court, and chief judge of district court,

number nine (9) shall be assigned to the chief judge of the workers' compensation court; number

ten (10) shall be assigned to the chief magistrate of the traffic tribunal. Each remaining member of

the judiciary, and the remaining members of the workers' compensation court, and the remaining

judges and magistrates of the traffic tribunal and the general magistrate of the family court will

then be awarded a number according to seniority. The administrator of the division of motor

vehicles shall reassign numbers no more than every four (4) years after the initial distribution.

     (d) Each member of the judiciary, workers' compensation court, the general magistrate of

the family court and traffic tribunal, as provided in this section, shall have the option of displaying

at any time that plate or the private registration plate assigned to his or her vehicle.

     (e) The administrator of the division of motor vehicles shall issue the judiciary plate upon

payment, in addition to the regular prescribed motor vehicle registration fee, of a service charge of

ten dollars ($10.00) for each issue and for each registration renewal.

 

 

 

464)

Section

Amended Chapter Numbers:

 

31-3-53

119 and 120

 

 

31-3-53. Veterans' plates.

     (a) The registrar of motor vehicles shall issue for any motor vehicle eligible for registration

as an automobile, or for any motorcycle eligible for registration as a motorcycle, or for a

commercial vehicle having a gross weight of twelve thousand pounds (12,000 lbs.) or less, plates

designated as "Veteran", "Purple Heart", and "Ex-POW" upon application on proper forms

furnished by the administrator of the division of motor vehicles to veterans.

     (b) The special plate designated "Veteran" shall be designed as follows:

     (1) Letters and numbers shall be blue in a white background with the words "Rhode Island"

clearly visible at the top center of the plate and the word "Veteran" visible at the bottom center of

the plate.

     (2) The background will be a red, white, and blue waving American Flag.

     (3) On the top right corner will be a decal with the military branch of the service in which

the Veteran served (Army, Navy, Air Force, Marines, Coast Guard, and Merchant Marines).

     (4) For war veterans, a white decal with blue letters with the words "War Veteran" placed

under the military branch decal on the right side of the plate above the validation sticker.

     (c) The applicant shall not be required to pay a service charge or a transfer charge for each

plate.

     (d)(1) The applicant shall be entitled to a plate for each vehicle owned by the applicant.

     (2) The applicant shall also be entitled to a plate for one vehicle owned by an entity which

the applicant owns. The entity must be registered and authorized to conduct business in the state of

Rhode Island. The applicant must provide to the division of motor vehicles documentation

demonstrating the applicant’s ownership of the entity.

     (e) The owner of a motor vehicle eligible for registration as a commercial vehicle and

having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued veteran plates

shall continue to pay the appropriate commercial registration fee for those plates. The owner of a

motor vehicle eligible for registration as a commercial vehicle having a gross weight of six

thousand three hundred pounds (6,300 lbs.), but not more than twelve thousand pounds (12,000

lbs.), shall sign an affidavit at the time of application for said plates stating that the vehicle is to be

used for personal use only.

     (f)(1) For the purposes of this section, a "veteran" shall be defined as any person who has

served on active duty in the armed forces of the United States. The term "veteran" shall also include

members of the National Guard and Reserves: (i) Called to active duty authorized by the President

of the United States or the Secretary of Defense; or (ii) Who have twenty (20) years of service with

a letter and record of separation of service.

     (2) For the purposes of this section, "War Veteran" shall be defined as any veteran of any

conflict or undeclared war who has earned a campaign ribbon or expeditionary medal for service

in either a declared or undeclared war as noted on the war veteran's DD-214. Upon the death of the

holder of any veteran plates, the plates shall be transferred to the surviving spouse for the spouse's

lifetime until he or she remarries.

     (g) The "veteran" or "war veteran" described in subdivisions (f)(1)(i) or (ii) and (f)(2) must

have been honorably discharged from the armed forces of this nation in order to receive plates

pursuant to this section and, for purposes of this section, a medical discharge or a general discharge

shall be deemed an honorable discharge.

     (h) Veterans who have served in multiple conflicts are entitled to be issued veterans' plates

equal to the number of conflicts he or she served in; provided, the plates are limited to the number

of vehicles owned by the veteran.

     (i) A person shall be eligible for a veterans' plate if his or her deceased spouse was eligible

for a veterans' plate, notwithstanding the fact that the eligible, deceased spouse died prior to the

enactment of this section in 1988.

 

 

 

 

465)

Section

Added Chapter Numbers:

 

31-3-121

300 and 301

 

 

31-3-121. Judge emeritus - Stephen J. Capineri.

     The administrator of the division of motor vehicles is authorized and directed to issue a

special registration plate for the motor vehicle of the former judge of the Rhode Island family court,

Stephen J. Capineri. This plate is to bear the identification "Judge Emeritus," along with an

appropriate designation number imprinted on it and shall be furnished without additional

registration charge for such period of time as Stephen J. Capineri may desire.

 

 

 

 

466)

Section

Amended Chapter Numbers:

 

31-3.1-4

190 and 191

 

 

31-3.1-4. Application for first certificate of title.

     (a) The application for the first certificate of title of a vehicle in this state shall be made by

the owner to the division of motor vehicles on the form it prescribes and shall contain:

     (1) The name, residence, and mailing address of the owner;

     (2) A description of the vehicle including, so far as the following data exists: its make,

model, identifying number, type of body, the number of cylinders, and whether new or used;

     (3) The date of purchase by the applicant, the name and address of the person from whom

the vehicle was acquired, and the names and addresses of any lienholders in the order of their

priority and the dates of their security agreements; and

     (4) Any further information the division reasonably requires to identify the vehicle and to

enable it to determine whether the owner is entitled to a certificate of title, and the existence or

nonexistence of security interests in the vehicle.

     (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name

and address of any lienholder holding a security interest created or reserved at the time of the sale

and the date of this security agreement and be signed by the dealer as well as the owner, and the

dealer or buyer shall promptly mail or deliver the application to the division. The buyer shall also

complete a security lien statement as provided in § 31-3.1-19.

     (c) If the application refers to a vehicle last previously registered in another state or country,

the application shall contain or be accompanied by:

     (1) Any certificate of title issued by the other state or country;

     (2) Any other information and documents the division reasonably requires to establish the

ownership of the vehicle and the existence or nonexistence of a security interest in it; and

     (3) The certificate of a person authorized by law that the identifying number of the vehicle

has been inspected and found to conform to the description given in the application, or any other

proof of the identity of the vehicle the division reasonably requires.

     (d) (1) Chiefs of police, their designees, who shall be employees of the police department,

or, in an emergency, the administrator of the division of motor vehicles, or his or her designee,

shall conduct the inspection of the vehicle identifying number, and certify, on forms provided by

the division, that it has been found to conform to the description given in the application or any

other form of the identity of the vehicle the division reasonably requires. An inspection and

certification fee of ten dollars ($10.00) shall be assessed against the applicant by the city or town

whose police conduct the inspection. The inspection by the chiefs of police, or their designees, who

shall be employees of the police department, shall be conducted at the local city or town police

station, at a municipally owned building, or at a licensed new motor vehicle dealership. This

provision eliminates the responsibility for the inspection to be performed by division personnel.

     (1) (2) Upon inspection of the vehicle identifying number as provided for in this section,

each vehicle identification number shall be submitted for a National Crime Information Center

(NCIC) check, and the results, sometimes called the "NCIC check number", shall be attached to

the TR-5 form provided by the division or to any other form consistent with this provision that the

division might reasonably require.

     (e) No person, partnership, or corporation shall charge a fee in excess of ten dollars

($10.00) for obtaining a certificate of title for a motor vehicle.

     (f) In the town of Exeter, the town sergeant, or designees, who shall also be employees of

the Exeter town sergeant's office, are authorized to conduct the inspection required by this section.

 

 

 

467)

Section

Added Chapter Numbers:

 

31-3.3

389 and 390

 

 

CHAPTER 31-3.3

ELECTRIC VEHICLE CHARGING STATIONS

 

 

 

 

468)

Section

Added Chapter Numbers:

 

31-3.3-1

389 and 390

 

 

31-3.3-1. Accessibility of charging stations for electric vehicles.

     The department of transportation, along with the division of motor vehicles and the office

of energy resources, shall develop, no later than January 1, 2022, a plan for a statewide electric

vehicle charging station infrastructure in order to make such electric vehicle charging stations more

accessible to the public.

 

 

 

469)

Section

Amended Chapter Numbers:

 

31-10.1-1

412 and 413

 

 

31-10.1-1. License required.

     (a) No resident of this state, except those expressly exempted in this chapter, shall drive

any two (2)-wheeled (2) motorcycle or motor-driven cycle upon a highway in this state, unless the

person shall first obtain a special license as an operator under the provisions of this chapter;

provided, however, motorized bicycles and motor scooters with a motor rated not more than four

and nine-tenths (4.9) horsepower (4.9 h.p.) and not greater than fifty (50) cubic centimeters (50

cc), which is capable of a maximum speed of not more than thirty (30) miles per hour (30 m.p.h.),

shall be exempt from the provisions of this section. No person shall be licensed pursuant to this

chapter unless he or she shall be at least sixteen (16) years of age or unless the person previously

has been issued a full operator's license and a motorcycle learner's permit or is already licensed

under a prior act of this state. Any person under the age of eighteen (18) duly licensed under the

prior act shall be eligible to have his or her license renewed in the same manner as persons over the

age of eighteen (18). All licenses issued pursuant to this chapter shall reflect any requirement of

the operator to wear a helmet pursuant to § 31-10.1-4.

     (b) No resident of this state, except those expressly exempted in this chapter, shall drive

any three-(3)-wheeled (3) motorcycle or motor-driven cycle upon a highway in this state, unless

the person shall first obtain a special license as an operator under the provisions of this chapter;

provided, however, motorized bicycles and motor scooters with a motor rated not more than four

and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters, which is capable

of a maximum speed of not more than thirty (30) miles per hour, shall be exempt from the

provisions of this section. No person shall be licensed pursuant to this chapter unless he or she shall

be at least sixteen (16) years of age or unless the person previously has been issued a full operator's

license and a motorcycle learner's permit or is already licensed under a prior act of this state. Any

person under the age of eighteen (18) years duly licensed under the prior act shall be eligible to

have their license renewed in the same manner as persons over the age of eighteen (18) years. All

licenses issued pursuant to this chapter shall reflect any requirement of the operator to wear a helmet

pursuant to § 31-10.1-4.

     (c) Any person currently licensed pursuant to this chapter, prior to March 1, 2022, shall

continue to be permitted to operate both two-(2)-wheeled (2) and three-(3)-wheeled (3) motorcycles

and motor­driven cycles without further examination.

 

 

 

 

 

470)

Section

Amended Chapter Numbers:

 

31-10.1-1.1

412 and 413

 

 

31-10.1-1.1. Motorcycle driver education program.

     (a) The board of governors for higher education and the office of higher education council

on postsecondary education and the office of postsecondary commissioner shall through the

Community College of Rhode Island provide:

     (1) a A minimum of six (6) and up to a maximum of twenty (20) hours of classroom

instruction and/or on-the-road driver training, as determined by the board council on

postsecondary education and/or the Community College of Rhode Island, for applicants or

prospective applicants for a first motorcycle operator's license to operate two-(2)-wheeled (2)

motorcycles under this chapter; and

     (2) A minimum of six (6) and up to a maximum of twenty (20) hours of classroom

instruction and/or on-the-road driver training, as determined by the board council of

postsecondary education and/or the Community College of Rhode Island, for applicants or

prospective applicants for a first motorcycle operator's license to operate three-(3)-wheeled (3)

motorcycles under this chapter. Instruction shall be given by a person eligible for a teacher's

certificate issued under the authority of the state board of regents council on elementary and

secondary education and/or certified to teach motorcycle safety classes by completion of a course

of instruction recognized by the Community College of Rhode Island.

     (b) Motorcycle driver education programs shall be available to any eligible resident

applicant holding a valid Rhode Island motor vehicle operator's license.

     (c) The board of governors for higher education council on postsecondary education shall

establish any fees that are deemed necessary to support this program.

     (d) The board of governors for higher education and the office of higher education council

on postsecondary education and the office of postsecondary commissioner are authorized to

establish regulations to further implement this chapter.

 

 

 

 

471)

Section

Amended Chapter Numbers:

 

31-10.1-1.2

412 and 413

 

 

31-10.1-1.2. Approved motorcycle rider education program.

     (a) The board of governors for higher education council on postsecondary education

and/or the Community College of Rhode Island may certify motorcycle dealers engaged in selling

motorcycles or an association engaged in motorcycle safety to provide motorcycle driver education

courses in the state if the curriculum used during the course of instruction is certified by the

Motorcycle Safety Foundation, or other programs approved by the board council and/or the

Community College of Rhode Island.

     (b)(1) The course of instruction for operation of two-(2)-wheeled (2) motorcycles shall

provide students with a minimum of sixteen and a half (16 1/2) hours of combined classroom

instruction, and on the range motorcycle training for a beginner rider course, and a minimum of

five (5) hours for a licensed rider course.

     (2) The course of instruction for operation of three-(3)-wheeled (3) motorcycles shall

provide students with a minimum of sixteen and a half (16 1/2) hours of combined classroom

instruction, and on the range motorcycle training for a beginner rider course, and a minimum of

five (5) hours for a licensed rider course.

     (c) In order for an instructor to teach in a motorcycle rider education program in the state,

the person shall meet all of the following requirements:

     (1) Must be twenty-one (21) years of age or older, and must possess a valid drivers license

recognized by the state of Rhode Island for at least three (3) consecutive years;

     (2) Possess a high school diploma or GED;

     (3) Must be certified by the Motorcycle Safety Foundation as an instructor;

     (4) Must be licensed to teach motorcycle training in the state of Rhode Island;

     (5) An instructor has not had more than one moving traffic violation within one year prior

to obtaining certification; not more than two (2) moving violations within a three-(3) year (3)

period prior to licensure as a motorcycle rider education instructor; and not more than three (3)

moving violations within a five-(5) year (5) period prior to licensure as a motorcycle rider education

instructor;

     (6) An instructor has not had their driving privileges suspended or revoked in the five (5)

preceding years prior to obtaining certification by the state of Rhode Island;

     (7) An instructor has no driving under the influence of alcohol or drug convictions within

ten (10) years prior to obtaining certification by the state of Rhode Island as a motorcycle rider

education instructor;

     (8) Must successfully pass a criminal background check by the department;

     (9) For out of state instructors, the person must provide the department with a certified

copy of their driving record from the previous five (5) years.

     (d) Class sizes shall not exceed twenty-four (24) students in the classroom, and twelve (12)

on the range during instruction.

     (e) A student, unless specified under § 31-10.1-2, who successfully completes a department

approved two-(2)-wheeled (2) motorcycle rider education program's skills and written test

requirements, shall be deemed compliant with § 31-10.1-1.1(a)(1) and exempted from the road test

under § 31-10.1-3(a) provided the student passes a written, vision, and road sign examination at a

department licensing facility. A student, unless specified under § 31-10.1-2, who successfully

completes a department approved three-(3)-wheeled (3) motorcycle rider education program's skills

and written test requirements, shall be deemed compliant with § 31-10.1-1.1(a)(2) and exempted

from the road test under § 31-10.1-3(b), provided the student passes a written, vision, and road sign

examination at a department facility. In order to take the written, vision and road sign examination

under § 31-10.1-3(a) or (b) the student shall bring their Motorcycle Safety Foundation completion

card and a road test waiver form provided by the rider education program where the course was

successfully completed. The road test waiver form shall include the following:

     (1) Student's full name, as written on their valid drivers license;

     (2) Motorcycle Safety Foundations' Foundation’s Basic Rider Course Completion Card

number;

     (3) Course completion date;

     (4) Dealership or association name;

     (5) Dealership or association contact name;

     (6) MSF Rider Education Recognition Program number, or equivalent;

     (7) Instructor's name, signature, and Motorcycle Safety Foundation number or an identifier

from any other program approved by the board council on postsecondary education and/or the

Community College of Rhode Island instructor number.

     (f) The department or the Community College of Rhode Island has the right to inspect

ranges to ensure they fulfill the Motorcycle Safety Foundation's range standards for motorcycle

training. The department shall have the right to inspect the courses authorized under this section at

any time. The entity providing the motorcycle rider education program shall maintain records for a

minimum of two (2) years, including those who participated in the class, those who successfully

completed the class, and those individuals who failed any portion of the class.

     (g) No state subsidies shall be provided to a dealer or association for operating a motorcycle

driver education program under this section.

     (h) The state of Rhode Island shall not be liable for any acts or omissions on the part of

motorcycle dealers and/or associations in the implementation of the motorcycle rider education

program pursuant to this section.

     (i) Each dealership and/or association seeking to provide a motorcycle driver education

course under this chapter shall pay an application fee of seven hundred and fifty dollars ($750) and

a yearly renewal fee of one hundred dollars ($100) to the office of higher education for the purpose

of program oversight.

 

 

 

 

472)

Section

Amended Chapter Numbers:

 

31-10.1-2

412 and 413

 

 

31-10.1-2. Learner's permit.

     (a)(1) Upon applying for a first license to drive a two-(2)-wheeled (2) motorcycle and after

successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(1) and

after satisfying the requirements of § 31-10.1-3(a), the administrator of the division of motor

vehicles may issue a motorcycle learner's permit to take instruction in the operation of a two-(2)-

wheeled (2) motorcycle which entitles the holder to operate or drive a two-(2)-wheeled (2)

motorcycle on the public highway, other than a limited access highway, as a learner, under the

general supervision, and whether or not under the immediate control, of a licensed motorcycle

operator, at least eighteen (18) years of age.

     (2) Upon applying for a first license to drive a three-(3)-wheeled (3) motorcycle and after

successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(2) and

after satisfying the requirements of § 31-10.1-3(b), the administrator of the division of motor

vehicles may issue a motorcycle learner's permit to take instruction in the operation of a three-(3)-

wheeled (3) motorcycle which entitles the holder to operate or drive a three-(3)-wheeled (3)

motorcycle on the public highway, other than a limited access highway, as a learner, under the

general supervision, and whether or not under the immediate control, of a licensed motorcycle

operator, at least eighteen (18) years of age.

     (3) A person who has been issued a learner's permit may not carry passengers other than

the supervising driver on the motorcycle until the person has been licensed to operate a motorcycle.

     (b) The following persons are eligible for a motorcycle learner's permit:

     (1) A person who is at least sixteen (16) years old but less than eighteen (18) years old and

has a limited provisional license or a full operator's license issued by the division of motor vehicles.

     (2) A person who is at least eighteen (18) years old and has a license issued by the division

of motor vehicles.

     (c) The holder of a motorcycle learner's permit who has a limited provisional license may

drive the motorcycle only at times when the license holder could drive a motor vehicle without

supervision pursuant to § 31-10-14.

     (d) A motorcycle learner's permit expires eighteen (18) months after it is issued.

 

 

 

 

473)

Section

Amended Chapter Numbers:

 

31-10.1-3

412 and 413

 

 

31-10.1-3. Examination.

     (a) All applicants for a two-(2)-wheeled (2) motorcycle, motor scooter, or motor-driven

cycle license, except those exempted in this chapter, shall pass a written, vision, road sign, and road

test as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the

applicant.

     (b) All applicants for a three-(3)-wheeled (3) motorcycle, motor scooter, or motor-driven

cycle license, except those exempted under this chapter, shall pass a written, vision, road sign, and

road test, as prescribed by the administrator of the division of motor vehicles in a vehicle supplied

by the applicant.

     (b)(c) An applicant who within six (6) months of having been certified by the department

of elementary and secondary education as having passed a written examination, road sign, and road

test administered by that department, shall, upon completion of an eyesight test by the division of

motor vehicles, be considered in compliance with this section.

 

 

 

 

 

 

 

474)

Section

Added Chapter Numbers:

 

31-10.1-9

412 and 413

 

 

31-10.1-9. Recreational vehicles - Non-applicability.

     The provisions of this chapter shall not apply to the operation of recreational vehicles, as

defined in § 31-3.2-1(8), including all classes of all-terrain vehicles; nor shall they authorize their

registration by the division of motor vehicles.

 

 

 

 

475)

Section

Added Chapter Numbers:

 

31-15-20

63 and 66

 

 

31-15-20. Unsafe passing of a vulnerable road user.

     (a) For purposes of this section, "vulnerable road user" means:

     (1) A pedestrian who is acting in compliance with chapter 18 of this title 31;

     (2) A bicyclist who is acting in compliance with chapter 19 of this title 31;

     (3) A police officer or emergency worker on duty when outside of a vehicle;

     (4) A highway worker performing duties outside of a vehicle;

     (5) A person riding on or driving a wheelchair, motorized or not, who is acting in

compliance with chapter 18 of this title 31;

     (6) A person using a skateboard, inline skates, or roller skates who is acting in compliance

with chapter 19 of this title 31;

     (7) A person riding on or driving an animal;

     (8) A person riding on a scooter who is acting in compliance with chapter 19.1 of this title

31.

     (b) Notwithstanding any other provision of the general or public laws to the contrary, any

person, while operating a motor vehicle on a street or highway, who fails to exercise due care to

avoid colliding with a vulnerable road user, who is the proximate cause of injury, serious injury, or

death to the vulnerable road user, shall be guilty of an offense pursuant to this section and shall be

sentenced, in addition to any other applicable criminal or civil statute, as follows:

     (1) When bodily injury of a vulnerable road user is caused by a violation of this section,

the offending operator shall be fined two hundred dollars ($200).

     (2) When serious bodily injury of a vulnerable road user is caused by a violation of this

section, the offending operator shall be fined five hundred dollars ($500), and his or her the driver’s

license shall be suspended for a period of three (3) months.

     (3) When the death of a vulnerable road user is caused by a violation of this section, the

offending operator shall be fined one thousand dollars ($1,000) and his or her the driver’s license

shall be suspended for a period of one year.

     (c) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

 

 

 

 

476)

Section

Amended Chapter Numbers:

 

31-23.2-10

190 and 191

 

 

31-23.2-10. Division of motor vehicles -- Odometer inspection.

     (a) Notwithstanding any other provisions of the general laws, the division of motor vehicles

shall require the inspection by a member of a city or town police department, of the odometer of

every motor vehicle purchased from a seller from outside the state of Rhode Island, prior to issuing

a certificate of title in accordance with the provisions of § 31-23.2-6.

     (b) For each vehicle inspected, the local police department may collect a fee of ten dollars

($10.00).

     (c) In the town of Exeter, the town sergeant, or designees, who shall also be employees of

the Exeter town sergeant's office, are authorized to conduct the inspection required by this section.

 

 

 

 

477)

Section

Amended Chapter Numbers:

 

31-25-27

367 and 368

 

 

31-25-27. Weight restrictions.

     (a) State Highways. The state traffic commission shall likewise have authority, as granted

to local authorities in this chapter, to determine by resolution and to impose restrictions as to the

weight of vehicles operated upon any highway under the jurisdiction of the commission, and the

restrictions shall be effective when signs giving notice of them are erected upon the highway or

portion of any highway affected by the resolution.

     (b) Penalties for posted bridge weight violations shall be based on the fine schedule

imposed within the provisions of § 31-25-16.

     (c) Bridges. the The department of transportation, through the state traffic commission,

shall have the authority with respect to any state, local, or privately-owned bridge, excluding those

owned/or controlled by the Rhode Island turnpike and bridge authority, to impose a weight

restriction or close a bridge, based on deficiencies documented in a bridge inspection or load rating

for the purpose of public safety. Rhode Island turnpike and bridge authority shall have the authority

for bridges owned/or controlled by Rhode Island turnpike and bridge authority to impose a weight

restriction or close a bridge, based on deficiencies documented in a bridge inspection or load rating

for the purpose of public safety.

 

 

 

 

478)

Section

Amended Chapter Numbers:

 

31-25-27.10

192 and 193

 

 

31-25-27.10. Weight restrictions on Forest Avenue and Turner Road -- Middletown.

     (a) The operation of through commercial vehicles on Forest Avenue and Turner Road is

prohibited.

     (b) For purposes of this section, a commercial vehicle is defined as a motor vehicle or

combination of vehicles used to transport passengers or property if the motor vehicle:

     (1) Has a gross combination weight rating of twenty-six thousand one pounds (26,001 lbs.)

or more, or a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.)

or more, or has a gross vehicle weight rating of twenty-six thousand one pounds (26,001 lbs.) or

more; or

     (2) Is designed to transport sixteen (16) or more passengers including the driver; or

     (3) Is transporting hazardous materials and is required to be placarded in accordance with

49 C.F.R. Part 172, Subpart F, as it may be revised from time to time.

     (c) Nothing contained in this section shall affect the use of such streets or highways by:

     (1) Any fire truck, town public works department truck, police vehicle, ambulance, school

bus, bus serving the area, or other motor truck using such streets or highways in any emergency or

engaged in delivering goods, wares, merchandising or materials to or from any residence, building

or lot within the town bordering on such streets or highways; or

     (2) Any farm vehicle as defined in § 31-1-8, which is registered with farm plates pursuant

to § 31-3-31.

     (d) In all instances where motor vehicle traffic is restricted or prohibited under this section,

the town administrator is directed to cause signs to be erected on such streets or highways giving

notice of such, in accordance with the manual on uniform traffic control devices.

     (e) Any driver who operates a commercial vehicle in contravention of this section shall be

subject to a fine of not less than twenty-five dollars ($25.00) for a first violation, fifty dollars

($50.00) for a second violation, and not less than one hundred twenty-five dollars ($125), but no

more than five hundred dollars ($500) for each subsequent violation.

 

 

 

 

479)

Section

Amended Chapter Numbers:

 

31-26-9

418 and 419

 

 

31-26-9. Reports by law enforcement officers.

     (a) Every law enforcement officer who, in the regular course of duty, investigates a motor

vehicle accident of which a report must be made as required in § 31-26-6 and in accordance with

subsections (a), (b), (d) and (e) of this section, either at the time of and at the scene of the accident

or thereafter by interviewing participants or witnesses shall, effective January 1, 2003, submit all

investigated and reportable accident reports to the department of transportation electronically. The

form utilized shall be the newly revised accident form developed by the department of

transportation in cooperation with the division of motor vehicles. The electronic accident report

shall be transferred using the Rhode Island Accident Data Export Manager over the Rhode Island

law Law Enforcement Telecommunication System (RILETS) to the department of transportation.

     (b) The law enforcement agency or their its contracted agent shall transmit an electronic

accident report to the department of transportation within fourteen (14) days of the investigation or

preparing of the report and may maintain a copy locally.

     (c) The driver of a vehicle that is involved in an accident shall submit the motorist accident

report form to the division of motor vehicles within twenty-one (21) days of the accident, pursuant

to § 31-26-6.

     (d) Any accident occurring on a highway or upon premises open to the public resulting in

injury or death to any person or damage to property equal to or in excess of one thousand dollars

($1,000) is subject to the reporting requirements. In addition, the division of motor vehicles will

take action on reported accidents in excess of five hundred dollars ($500) for compliance with the

state financial responsibility law pursuant to § 31-26-6.

     (e) The department of transportation shall serve as the accident data repository agency for

the electronic accident reports submitted by the law enforcement agencies in the state, and the

division of motor vehicles shall remain as the repository agency for all motorist accident reports.

"Personal information", as defined in § 11-49.3-3, and associated with accident reports submitted

pursuant to this section shall remain privileged except that such the information may be provided

to an involved party to the accident or their legal representative, an insurance company, or

insurance- support organization or in accordance with Rhode Island general laws.

 

 

 

 

480)

Section

Amended Chapter Numbers:

 

31-26-13

418 and 419

 

 

31-26-13. Reports confidential -- Use as evidence.

     (a) All motorist accident reports made by persons involved in accidents, pursuant to § 31-

26-6, or by garages, pursuant to § 31-26-12, shall be without prejudice to the individual so reporting

and shall be for the confidential use of the division of motor vehicles or other state or municipal

agencies having use for the records for accident prevention purposes or for the administration of

the laws of this state relating to the deposit of security and proof of financial responsibility by

persons driving or the owners of motor vehicles.

     (b) The division of motor vehicles may disclose the identity of a person involved in an

accident when the identity is not otherwise known or when the person denies his or her presence at

the accident, and except that the reports, as well as police reports, may be used by the division of

motor vehicles, together with any other evidence that the division of motor vehicles may deem

appropriate, to make determinations as to the reasonable possibility of a judgment being rendered

for purposes of requiring security after an accident involving one or more uninsured motorists.

     (c) No report shall be used as evidence in any trial, civil or criminal, arising out of an

accident, except that the division of motor vehicles shall furnish upon demand of any person who

has, or claims to have, made a report or upon demand of any court, a certificate showing that a

specified accident report has or has not been made to the division of motor vehicles solely to prove

a compliance or a failure to comply with the requirement that a report be made to the division.

Provided, that in the event an accident report has not been filed, then the failure to file the report

shall be considered to be prima facie evidence that the operator and/or the registered owner of the

motor vehicle involved was uninsured at the time of the accident.

 

 

 

 

481)

Section

Amended Chapter Numbers:

 

31-27-2

170 and 171

 

 

31-27-2. Driving under influence of liquor or drugs.

     (a) Whoever drives or otherwise operates any vehicle in the state while under the influence

of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in

subsection (d)(3), and shall be punished as provided in subsection (d) of this section.

     (b)(1)(1) Any person charged under subsection (a), whose blood alcohol concentration is

eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of

a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not

preclude a conviction based on other admissible evidence. Proof of guilt under this section may

also be based on evidence that the person charged was under the influence of intoxicating liquor,

drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of

these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any

person charged with violating this section is, or has been, legally entitled to use alcohol or a drug

shall not constitute a defense against any charge of violating this section.

     (2) Whoever drives, or otherwise operates, any vehicle in the state with a blood presence

of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis

of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in

subsection (d).

     (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount

of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or

any combination of these, in the defendant's blood at the time alleged as shown by a chemical

analysis of the defendant's breath, blood, or urine or other bodily substance, shall be admissible and

competent, provided that evidence is presented that the following conditions have been complied

with:

     (1) The defendant has consented to the taking of the test upon which the analysis is made.

Evidence that the defendant had refused to submit to the test shall not be admissible unless the

defendant elects to testify.

     (2) A true copy of the report of the test result was hand delivered at the location of the test

or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath

test.

     (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have

a true copy of the report of the test result mailed to him or her within thirty (30) days following the

taking of the test.

     (4) The test was performed according to methods and with equipment approved by the

director of the department of health of the state of Rhode Island and by an authorized individual.

     (5) Equipment used for the conduct of the tests by means of breath analysis had been tested

for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore

provided, and breathalyzer operators shall be qualified and certified by the department of health

within three hundred sixty-five (365) days of the test.

     (6) The person arrested and charged with operating a motor vehicle while under the

influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to

have an additional chemical test. The officer arresting or so charging the person shall have informed

the person of this right and afforded him or her a reasonable opportunity to exercise this right, and

a notation to this effect is made in the official records of the case in the police department. Refusal

to permit an additional chemical test shall render incompetent and inadmissible in evidence the

original report.

     (d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as

follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one

percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence

of any scheduled controlled substance as defined in subsection (b)(2) chapter 28 of title 21, shall

be subject to a fine of not less than one hundred dollars ($100), nor more than three hundred dollars

($300); shall be required to perform ten (10) to sixty (60) hours of public community restitution,

and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult

correctional institutions in the discretion of the sentencing judge and/or shall be required to attend

a special course on driving while intoxicated or under the influence of a controlled substance;

provided, however, that the court may permit a servicemember or veteran to complete any court-

approved counseling program administered or approved by the Veterans' Administration, and his

or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days.

The sentencing judge or magistrate may prohibit that person from operating a motor vehicle,

pursuant to §§ 31-27-2 subsection (d)(9) or 31-27-2(d)(10) of this section, that is not equipped

with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8.

     (ii) Every person convicted of a first violation whose blood alcohol concentration is one-

tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent

(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than

one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to

perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for

up to one year. The sentence may be served in any unit of the adult correctional institutions in the

discretion of the sentencing judge. The person's driving license shall be suspended for a period of

three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special

course on driving while intoxicated or under the influence of a controlled substance and/or

alcoholic or drug treatment for the individual; provided, however, that the court may permit a

servicemember or veteran to complete any court-approved counseling program administered or

approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that

person from operating a motor vehicle that is not equipped with an ignition interlock system as

provided in § 31-27-2.8.

     (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen

hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any

controlled substance as defined in subsection (b)(1)(1), shall be subject to a fine of five hundred

dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community

restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit

of the adult correctional institutions in the discretion of the sentencing judge. The person's driving

license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing

judge shall require attendance at a special course on driving while intoxicated or under the influence

of a controlled substance and/or alcohol or drug treatment for the individual; provided, however,

that the court may permit a servicemember or veteran to complete any court-approved counseling

program administered or approved by the Veterans' Administration. The sentencing judge or

magistrate shall prohibit that person from operating a motor vehicle, pursuant to §§ 31-27-2

subsection (d)(9) or 31-27-2(d)(10) of this section, that is not equipped with an ignition interlock

system and/or blood and urine testing as provided in § 31-27-2.8.

     (2)(i) Every person convicted of a second violation within a five-year (5) period with a

blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than

fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or

who has a blood presence of any controlled substance as defined in subsection (b)(2) chapter 28 of

title 21, and every person convicted of a second violation within a five-year (5) period, regardless

of whether the prior violation and subsequent conviction was a violation and subsequent conviction

under this statute or under the driving under the influence of liquor or drugs statute of any other

state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's driving

license shall be suspended for a period of one year to two (2) years, and the individual shall be

sentenced to not less than ten (10) days, nor more than one year, in jail. The sentence may be served

in any unit of the adult correctional institutions in the discretion of the sentencing judge; however,

not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing

judge shall require alcohol or drug treatment for the individual; provided, however, that the court

may permit a servicemember or veteran to complete any court-approved counseling program

administered or approved by the Veterans' Administration and shall prohibit that person from

operating a motor vehicle, pursuant to §§ 31-27-2 subsection (d)(9) or 31-27-2(d)(10) of this

section, that is not equipped with an ignition interlock system and/or blood and urine testing as

provided in § 31-27-2.8.

     (ii) Every person convicted of a second violation within a five-year (5) period whose blood

alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by

a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug,

toluene, or any controlled substance as defined in subsection (b)(1)(1), shall be subject to

mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory fine

of not less than one thousand dollars ($1,000); and a mandatory license suspension for a period of

two (2) years from the date of completion of the sentence imposed under this subsection. The

sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that

the court may permit a servicemember or veteran to complete any court approved counseling

program administered or approved by the Veterans' Administration. The sentencing judge or

magistrate shall prohibit that person from operating a motor vehicle, pursuant to §§ 31-27-2

subsection (d)(9) or 31-27-2(d)(10) of this section, that is not equipped with an ignition interlock

system and/or blood and urine testing as provided in § 31-27-2.8.

     (3)(i) Every person convicted of a third or subsequent violation within a five-year (5)

period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above,

but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is

unknown or who has a blood presence of any scheduled controlled substance as defined in

subsection (b)(2) chapter 28 of title 21, regardless of whether any prior violation and subsequent

conviction was a violation and subsequent conviction under this statute or under the driving under

the influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject

to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended

for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than

one year and not more than three (3) years in jail. The sentence may be served in any unit of the

adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-

eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require

alcohol or drug treatment for the individual; provided, however, that the court may permit a

servicemember or veteran to complete any court-approved counseling program administered or

approved by the Veterans' Administration, and shall prohibit that person from operating a motor

vehicle, pursuant to §§ 31-27-2 subsection (d)(9) or 31-27-2(d)(10) of this section, that is not

equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-

2.8.

     (ii) Every person convicted of a third or subsequent violation within a five-year (5) ten-

year (10) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%)

above by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is

under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1),

shall be subject to mandatory imprisonment of not less than three (3) years, nor more than five (5)

years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand

dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date

of completion of the sentence imposed under this subsection. The sentencing judge shall require

alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that

person from operating a motor vehicle, pursuant to §§ 31-27-2 subsection (d)(9) or 31-27-2(d)(10)

of this section, that is not equipped with an ignition interlock system and/or blood and urine testing

as provided in § 31-27-2.8.

     (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent

violation within a five-year (5) period, regardless of whether any prior violation and subsequent

conviction was a violation and subsequent conviction under this statute or under the driving under

the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the

sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the

state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.

     (4) Whoever drives or otherwise operates any vehicle in the state while under the influence

of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination of these, when his or her license to operate is suspended, revoked, or

cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty

of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more

than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the

individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an

individual who has surrendered his or her license and served the court-ordered period of suspension,

but who, for any reason, has not had his or her license reinstated after the period of suspension,

revocation, or suspension has expired; provided, further, the individual shall be subject to the

provisions of subdivision subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding

subsequent offenses, and any other applicable provision of this section.

     (5)(i) For purposes of determining the period of license suspension, a prior violation shall

constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.

     (ii) Any person over the age of eighteen (18) who is convicted under this section for

operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of

these, while a child under the age of thirteen (13) years was present as a passenger in the motor

vehicle when the offense was committed shall be subject to immediate license suspension pending

prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a

first offense and may be sentenced to a term of imprisonment of not more than one year and a fine

not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent

offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not

more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing

judge shall also order a license suspension of up to two (2) years, require attendance at a special

course on driving while intoxicated or under the influence of a controlled substance, and alcohol

or drug education and/or treatment. The individual may also be required to pay a highway

assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited

in the general fund.

     (6)(i) Any person convicted of a violation under this section shall pay a highway

assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The

assessment provided for by this subsection shall be collected from a violator before any other fines

authorized by this section.

     (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-

six dollars ($86).

     (7)(i) If the person convicted of violating this section is under the age of eighteen (18)

years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of

public community restitution and the juvenile's driving license shall be suspended for a period of

six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing

judge shall also require attendance at a special course on driving while intoxicated or under the

influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile.

The juvenile may also be required to pay a highway assessment fine of no more than five hundred

dollars ($500) and the assessment imposed shall be deposited into the general fund.

     (ii) If the person convicted of violating this section is under the age of eighteen (18) years,

for a second or subsequent violation regardless of whether any prior violation and subsequent

conviction was a violation and subsequent conviction under this statute or under the driving under

the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory

suspension of his or her driving license until such time as he or she is twenty-one (21) years of age

and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training

school for a period of not more than one year and/or a fine of not more than five hundred dollars

($500).

     (8) Any person convicted of a violation under this section may undergo a clinical

assessment at the community college of Rhode Island's center for workforce and community

education. Should this clinical assessment determine problems of alcohol, drug abuse, or

psychological problems associated with alcoholic or drug abuse, this person shall be referred to an

appropriate facility, licensed or approved by the department of behavioral healthcare,

developmental disabilities and hospitals, for treatment placement, case management, and

monitoring. In the case of a servicemember or veteran, the court may order that the person be

evaluated through the Veterans' Administration. Should the clinical assessment determine problems

of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person

may have their treatment, case management, and monitoring administered or approved by the

Veterans' Administration.

     (9) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was

operating a vehicle in the state while under the influence of drugs, toluene, or any controlled

substance as evidenced by the presence of controlled substances on or about the person or vehicle,

or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a

preliminary breath test, results from a breathalyzer which that indicates no blood alcohol

concentration, or both, the judge or magistrate may exercise their his or her discretion and

eliminate the requirement of an ignition interlock system; provided, that blood and/or urine testing

is mandated as a condition to operating a motor vehicle as provided in § 31-27-2.8.

     (10) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was

operating a vehicle in the state while under the influence of drugs, toluene, or any controlled

substance as evidenced by the presence of controlled substances on or about the person or vehicle,

or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a

preliminary breath test, results from a breathalyzer which that indicates blood alcohol

concentration, or both, the judge or magistrate may require an ignition interlock system in addition

to blood and/or urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8.

     (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per

one hundred (100) cubic centimeters (100 cc) of blood.

     (f)(1) There is established an alcohol and drug safety unit within the division of motor

vehicles to administer an alcohol safety action program. The program shall provide for placement

and follow-up for persons who are required to pay the highway safety assessment. The alcohol and

drug safety action program will be administered in conjunction with alcohol and drug programs

licensed by the department of behavioral healthcare, developmental disabilities and hospitals.

     (2) Persons convicted under the provisions of this chapter shall be required to attend a

special course on driving while intoxicated or under the influence of a controlled substance, and/or

participate in an alcohol or drug treatment program; provided, however, that the court may permit

a servicemember or veteran to complete any court-approved counseling program administered or

approved by the Veterans' Administration. The course shall take into consideration any language

barrier that may exist as to any person ordered to attend, and shall provide for instruction reasonably

calculated to communicate the purposes of the course in accordance with the requirements of the

subsection. Any costs reasonably incurred in connection with the provision of this accommodation

shall be borne by the person being retrained. A copy of any violation under this section shall be

forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under

the provisions of this chapter fail to attend and complete the above course or treatment program, as

ordered by the judge, then the person may be brought before the court, and after a hearing as to

why the order of the court was not followed, may be sentenced to jail for a period not exceeding

one year.

     (3) The alcohol and drug safety action program within the division of motor vehicles shall

be funded by general revenue appropriations.

     (g) The director of the department of health is empowered to make and file with the

secretary of state regulations that prescribe the techniques and methods of chemical analysis of the

person's body fluids or breath and the qualifications and certification of individuals authorized to

administer this testing and analysis.

     (h) Jurisdiction for misdemeanor violations of this section shall be with the district court

for persons eighteen (18) years of age or older and to the family court for persons under the age of

eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to

order the suspension of any license for violations of this section. All trials in the district court and

family court of violations of the section shall be scheduled within thirty (30) days of the arraignment

date. No continuance or postponement shall be granted except for good cause shown. Any

continuances that are necessary shall be granted for the shortest practicable time. Trials in superior

court are not required to be scheduled within thirty (30) days of the arraignment date.

     (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

driving while intoxicated or under the influence of a controlled substance, public community

restitution, or jail provided for under this section can be suspended.

     (j) An order to attend a special course on driving while intoxicated, that shall be

administered in cooperation with a college or university accredited by the state, shall include a

provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars

($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into

the general fund.

     (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the

presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is

considered a chemical test.

     (l) If any provision of this section, or the application of any provision, shall for any reason

be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the

section, but shall be confined in this effect to the provision or application directly involved in the

controversy giving rise to the judgment.

     (m) For the purposes of this section, "servicemember" means a person who is presently

serving in the armed forces of the United States, including the Coast Guard, a reserve component

thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,

including the Coast Guard of the United States, a reserve component thereof, or the National Guard,

and has been discharged under other than dishonorable conditions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

482)

Section

Amended Chapter Numbers:

 

31-27-2.1

170 and 171

 

 

31-27-2.1. Refusal to submit to chemical test.

 

 

     (a) Any person who operates a motor vehicle within this state shall be deemed to have

given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose

of determining the chemical content of his or her body fluids or breath. No more than two (2)

complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or

any controlled substance, as defined in § 21-28-1.02(8), shall be administered at the direction of a

law enforcement officer having reasonable grounds to believe the person to have been driving a

motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any

controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director

of the department of health is empowered to make and file, with the secretary of state, regulations

that prescribe the techniques and methods of chemical analysis of the person's body fluids or breath

and the qualifications and certification of individuals authorized to administer the testing and

analysis.

     (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the

person may file an affidavit with the division of motor vehicles stating the reasons why he or she

cannot be required to take blood tests and a notation to this effect shall be made on his or her

license. If that person is asked to submit to chemical tests as provided under this chapter, the person

shall only be required to submit to chemical tests of his or her breath or urine. When a person is

requested to submit to blood tests, only a physician or registered nurse, or a medical technician

certified under regulations promulgated by the director of the department of health, may withdraw

blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to

the taking of breath or urine specimens. The person tested shall be permitted to have a physician of

his or her own choosing, and at his or her own expense, administer chemical tests of his or her

breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement

officer. If a person, having been placed under arrest, refuses upon the request of a law enforcement

officer to submit to the tests, as provided in § 31-27-2, none shall be given. , but a judge or

magistrate of the traffic tribunal or district court judge or magistrate, upon receipt of a report of a

law enforcement officer: that he or she had reasonable grounds to believe the arrested person had

been driving a motor vehicle within this state under the influence of intoxicating liquor, toluene, or

any controlled substance, as defined in chapter 28 of title 21, or any combination of these; that the

person had been informed of his or her rights in accordance with § 31-27-3; that the person had

been informed of the penalties incurred as a result of noncompliance with this section; and that the

person had refused to submit to the tests upon the request of a law enforcement officer; shall

promptly order that the person's operator's license or privilege to operate a motor vehicle in this

state be immediately suspended, however, said suspension shall be subject to the hardship

provisions enumerated in § 31-27-2.8.

     (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action,

and/or arrest reports submitted by the law enforcement officer to determine if there exists

reasonable grounds to believe that the person had been driving a motor vehicle while under the

influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination thereof. The magistrate shall also determine if the person had been

informed of the penalties incurred as a result of failing to submit to a chemical test as provided in

this section and that the person had been informed of the implied consent notice contained in

subsection (c)(10) of this section. For the purpose of this subsection only, "driving a motor vehicle

while under the influence of any controlled substance as defined in chapter 28 of title 21" shall be

indicated by the presence or aroma of a controlled substance on or about the person or vehicle of

the individual refusing the chemical test or other reliable indicia or articulable conditions that the

person was impaired due to their intake of a controlled substance.

     (2) If the magistrate determines that § 31-27-2.1 subsection (b)(1) of this section has been

satisfied they shall promptly order that the person's operator's license or privilege to operate a motor

vehicle in this state be immediately suspended. Said suspension shall be subject to the hardship

provisions enumerated in § 31-27-2.8.

     (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant

to the terms of subsection (c) (d) of this section, shall order as follows:

     (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to

five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of

public community restitution. The person's driving license in this state shall be suspended for a

period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance

at a special course on driving while intoxicated or under the influence of a controlled substance

and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may

prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock

system and/or blood and urine testing as provided in § 31-27-2.8.

     (2) Every person convicted of a second violation within a five-year (5) period, except with

respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be

imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars

($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public

community restitution; and the person's driving license in this state shall be suspended for a period

of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment

for the individual. The sentencing judge or magistrate shall prohibit that person from operating a

motor vehicle that is not equipped with an ignition interlock system and/or blood and urine testing

as provided in § 31-27-2.8.

     (3) Every person convicted for a third or subsequent violation within a five-year (5) period,

except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor;

and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one

thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community

restitution; and the person's operator's license in this state shall be suspended for a period of two

(2) years to five (5) years. The sentencing judge or magistrate shall prohibit that person from

operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and

urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or drug

treatment for the individual. Provided, that prior to the reinstatement of a license to a person charged

with a third or subsequent violation within a three-year (3) period, a hearing shall be held before a

judge or magistrate. At the hearing, the judge or magistrate shall review the person's driving record,

his or her employment history, family background, and any other pertinent factors that would

indicate that the person has demonstrated behavior that warrants the reinstatement of his or her

license.

     (4) For a second violation within a five-year (5) period with respect to a case of a refusal

to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars

($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community

restitution; and the person's driving license in this state shall be suspended for a period of two (2)

years. The judicial officer shall require alcohol and/or drug treatment for the individual. The

sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not

equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect

to refusal to submit to a chemical blood test shall be a civil offense.

     (5) For a third or subsequent violation within a five-year (5) period with respect to a case

of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one

thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public

community restitution; and the person's driving license in this state shall be suspended for a period

of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from operating

a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.

The judicial officer shall require alcohol and/or drug treatment for the individual. Such a violation

with respect to refusal to submit to a chemical test of blood shall be a civil offense. Provided, that

prior to the reinstatement of a license to a person charged with a third or subsequent violation within

a three-year (3) period, a hearing shall be held before a judicial officer. At the hearing, the judicial

officer shall review the person's driving record, his or her employment history, family background,

and any other pertinent factors that would indicate that the person has demonstrated behavior that

warrants the reinstatement of their license.

     (6) For purposes of determining the period of license suspension, a prior violation shall

constitute any charge brought and sustained under the provisions of this section or § 31-27-2.

     (7) In addition to any other fines, a highway safety assessment of five hundred dollars

($500) shall be paid by any person found in violation of this section, the assessment to be deposited

into the general fund. The assessment provided for by this subsection shall be collected from a

violator before any other fines authorized by this section.

     (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar

($200) assessment shall be paid by any person found in violation of this section to support the

department of health's chemical testing programs outlined in § 31-27-2(4) §§ 31-27-2(f) and 31-

27-2(g), that shall be deposited as general revenues, not restricted receipts.

     (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

driving while intoxicated or under the influence of a controlled substance, or public community

restitution provided for under this section can be suspended.

     (10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island

law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of

determining the chemical content of your body fluids or breath. If you refuse this testing, certain

penalties can be imposed and include the following: for a first offense, your Rhode Island driver's

license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to

one year or modified to permit operation in connection with an ignition interlock device for a period

specified by law,; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be

imposed,; and you can be ordered to perform ten (10) to sixty (60) hours of community service and

attend a special course on driving while intoxicated or under the influence of a controlled substance

and/or alcohol or drug treatment. If you have had one or more previous offenses within the past

five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have

criminal penalties, including incarceration up to six (6) months for a second offense and up to one

year for a third or subsequent offense, and can carry increased license suspension or ignition

interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500)

highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing

programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of

blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more

previous offenses other civil penalties may increase. You have the right to be examined at your

own expense by a physician selected by you. If you submit to a chemical test at this time, you have

the right to have an additional chemical test performed at your own expense. You will be afforded

a reasonable opportunity to exercise these rights. Access to a telephone will be made available for

you to make those arrangements. You may now use a telephone."

     Use of this implied consent notice shall serve as evidence that a person's consent to a

chemical test is valid in a prosecution involving driving under the influence of liquor, controlled

substances, and/or drugs.

     (c)(d) Upon suspending or refusing to issue a license or permit as provided in subsection

(a), the traffic tribunal or district court shall immediately notify the person involved in writing, and

upon his or her request, within fifteen (15) days, shall afford the person an opportunity for a hearing

as early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer

oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books

and papers. If the judge finds after the hearing that:

     (1) The law enforcement officer making the sworn report had reasonable grounds to believe

that the arrested person had been driving a motor vehicle within this state while under the influence

of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or

any combination of these;

     (2) The person, while under arrest, refused to submit to the tests upon the request of a law

enforcement officer;

     (3) The person had been informed of his or her rights in accordance with § 31-27-3; and

     (4) The person had been informed of the penalties incurred as a result of noncompliance

with this section, the judge shall sustain the violation. The judge shall then impose the penalties set

forth in subsection (b) (c) of this section. Action by the judge must be taken within seven (7) days

after the hearing or it shall be presumed that the judge has refused to issue his or her order of

suspension.

     (d)(e) For the purposes of this section, any test of a sample of blood, breath, or urine for

the presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption

is considered a chemical test.

     (e)(f) If any provision of this section, or the application of any provision, shall, for any

reason, be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the

section, but shall be confined in this effect to the provisions or application directly involved in the

controversy giving rise to the judgment.

 

 

 

 

 

 

483)

Section

Amended Chapter Numbers:

 

31-27-2.5

170 and 171

 

 

31-27-2.5. Chemical tests to persons under eighteen (18) years of age -- Refusal --

License suspension.

     (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical

test as provided in § 31-27-2 shall have imposed all the penalties provided by § 31-27-2.1, but shall

have his or her license suspended on a first violation for six (6) months, subject to the terms of

subsection (e) of this section.

     (b) Jurisdiction for violations of this section is given to the family court.

     (c) If a person as set forth in subsection (a) of this section refuses, upon the request of a

law enforcement officer, to submit to a test as provided in § 31-27-2.1, none shall be given, but a

judge of the family court, upon receipt of a report or testimony of a law enforcement officer: that

he or she had probable cause to stop the arrested person and reasonable grounds to believe the

arrested person had been driving a motor vehicle within this state while impaired by intoxicating

liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination

of these; that the person had been informed of his or her rights in accordance with § 31-27-3; that

the person had been informed of the penalties to be incurred as a result of noncompliance with this

implied consent notice contained in subsection (h) of this section; and that the person had refused

to submit to the test upon the request of a law enforcement officer; shall promptly order a hearing

on whether the person's operator's license or privilege to operate a motor vehicle in this state shall

be suspended. Upon suspension, the judge shall order the license of the person to be surrendered to

the department of administration, division of motor vehicles, within three (3) days.

     (d) If the person takes a test, as provided in § 31-27-2 and the test determines the person's

blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-

tenth of one percent (.1%) by weight, the person shall be determined to have been driving while

impaired. A judge of the family court shall, pursuant to the terms of subsection (e) of this section,

order as follows:

     (1) A highway safety assessment of one hundred fifty dollars ($150), or community

restitution in lieu of highway safety assessment shall be paid by any person found in violation of

this section. The assessment shall be deposited into the general fund.

     (2) The person's driving license shall be suspended for six (6) months on a first violation,

and may be suspended for a period of up to twelve (12) months, provided the person also shall

attend a special course on driving while intoxicated and provided that the person shall also attend

an alcohol and/or drug treatment program if ordered by the family court judge. Failure or refusal

of the person to attend the course and/or alcohol or drug treatment program shall result in the

person's driving license being suspended until the course or treatment program has been completed.

     (3) On a second violation of this section, the person's driving license shall be suspended

until he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or

drug treatment for the individual.

     (4) On a third or subsequent violation, the person's driving license shall be suspended for

an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug

treatment for the individual.

     (5) No suspensions, assessments, driving while intoxicated school, or alcohol and/or drug

treatment programs under this section can be suspended, shortened, altered, or changed.

     (e) Upon suspending a license or permit as provided in subsection (a), (c), or (d) of this

section, the family court shall immediately notify the person involved, in writing, as well as the

custodial parent if the person is under the age of eighteen (18) years.

     (f) The police department which charges any person under eighteen (18) years of age with

refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or

driving while under the influence of liquor or drugs, shall ascertain the name and address of the

custodial parent of the person and shall notify the parent in writing within ten (10) days of the

charge.

     (g) The department of administration, upon issuing a first license to a person sixteen (16)

or seventeen (17) years of age, shall provide a written notice of the penalties provided by this

section. Any violation of this section shall not be considered a criminal offense.

     (h) Implied consent notice for persons under eighteen (18) years of age:

     "Rhode Island law requires you to submit to a chemical test of your blood, breath, or urine

for the purpose of determining the chemical content of your body fluids or breath. If you refuse this

testing, certain penalties can be imposed. These penalties include the following: your Rhode Island

driver's license or privilege to operate a motor vehicle in this state can be suspended for six (6)

months or modified to permit operation in connection with an ignition interlock device for a period

specified by law,; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be

imposed,; and you can be ordered to perform ten (10) to sixty (60) hours of community service and

attend a special course on driving while intoxicated or under the influence of a controlled substance

and/or alcohol or drug treatment. If you have had one or more previous offenses within the past

five (5) years, your loss or modification of license, fine, and community service sanctions can

increase over those provided for a first offense. All violators shall pay a five hundred dollar ($500)

highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing

programs fee, and a license reinstatement fee. If you refuse to submit to a chemical test, you will

be required to maintain proof of financial responsibility for three (3) years. Refusal to submit to a

chemical test shall not be considered a criminal offense. You have the right to be examined at your

own expense by a physician selected by you. If you submit to a chemical test at this time, you have

the right to have an additional chemical test performed at your own expense. You will be afforded

a reasonable opportunity to exercise these rights. Access to a telephone will be made available for

you to make those arrangements. You may now use the telephone."

     Use of this implied consent notice shall serve as evidence that a person's consent to a

chemical test is valid in a trial for driving under the influence of liquor, controlled substances,

and/or drugs.

 

 

 

 

484)

Section

Amended Chapter Numbers:

 

31-27-2.8

170 and 171

 

 

31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part of -

sentence -   Requirements.

     (a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and §§ 31-27-2.1

(b)(2) or convicted under the provisions of §§ 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i),

or § 31-27-2(d)(3)(ii), or whose violation is sustained under the provisions of § 31-27-2.1(b)(1) §§

31-27-2.1(b)(1) and §§ 31-27-2.1 (b)(2), may be prohibited by the sentencing judge or magistrate

from operating a motor vehicle that is not equipped with an ignition interlock system, and/or blood

and urine testing by a licensed physician with knowledge and clinical experience in the diagnosis

and treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP

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

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

Island), pursuant to this section.

     (1) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating

a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as

evidenced by the presence of controlled substances on or about the person or vehicle, or other

reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary

breath test, results from a breathalyzer which that indicates no blood alcohol concentration or both,

the magistrate may exercise their his or her discretion and eliminate the requirement of an ignition

interlock system; provided, that blood and/or urine testing is mandated as a condition to operating

a motor vehicle as provided in this section.

     (2) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating

a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as

evidenced by the presence of controlled substances on or about the person or vehicle, or other

reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary

breath test, results from a breathalyzer which that indicates blood alcohol concentration or both,

the magistrate may require an ignition interlock system in addition to blood and/or urine testing as

a condition to operating a motor vehicle as provided in this section.

     (b) Notwithstanding any other provisions contained in this chapter, after a finding of

eligibility, any mandatory period of license suspension shall, upon request, be reduced by the

imposition of an ignition interlock system and/or blood and urine testing ordered by the court or

traffic tribunal as follows:

     (1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day

(30) license suspension and an imposition of an ignition interlock system and/or blood and urine

testing for three (3) months to one year.

     (2) For a violation of § 31-27-2.1(b)(1) § 31-27-2.1(c)(1), a person shall be subject to a

minimum thirty-day (30) license suspension and an imposition of an ignition interlock system

and/or blood and urine testing for a period of six (6) months to two (2) years.

     (3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-

day (45) license suspension and an imposition of an ignition interlock system and/or blood and

urine testing for a period of six (6) months to two (2) years.

     (4) For a violation of § 31-27-2.1(b)(2) § 31-27-2.1(c)(2), a person shall be subject to a

minimum sixty-day (60) license suspension and an imposition of an ignition interlock system

and/or blood and urine testing for a period of one to four (4) years.

     (5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day

(60) license suspension and imposition of an ignition interlock system and/or blood and urine

testing for a period of one to four (4) years.

     (6) For a violation of § 31-27-2.1(b)(3) § 31-27-2.1(c)(3), a person shall be subject to a

minimum ninety-day (90) license suspension and imposition of an ignition interlock system and/or

blood and urine testing for a period of two (2) to ten (10) years.

     (7) In any case where a person is convicted of a first offense under the provisions of § 31-

27-2(d)(1) or under § 31-27-2.1(b)(1), the sentencing judge or magistrate shall, upon request, grant

the person a conditional hardship license immediately upon a plea or admission of guilt, or an initial

suspension under § 31-27-2.1(b), and after a finding of need under this section; provided, however,

that in a case where a conditional hardship license shall be granted by the sentencing judge or

magistrate upon an initial suspension under § 31-27-2.1(b) and prior to the installation of an ignition

interlock device, said hardship license shall be issued to the motorist upon proof of installation of

an ignition interlock device. No license suspension shall be subject to more than a thirty-(30) day

(30) license suspension based solely upon the imposition of an ignition interlock system.

     (i) If a conviction pursuant to §§ 31-27-2(d)(l) or § 31-27-2.l(c)(l) is a first offense, or upon

     an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or

determination that the motorist was under the influence of intoxicating liquor only, the magistrate

shall, upon request, immediately grant a conditional hardship license after a finding of need

pursuant to this section and upon proof of the installation of an ignition interlock device.

     (ii) If a conviction pursuant to §§ 31-27-2(d)(l) or § 31-27-2.l(c)(l) is a first offense, or

upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or

determination that the motorist was under the influence of drugs, toluene, or a controlled substance,

but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a

conditional hardship license after a finding of need pursuant to this section and upon proof of blood

and urine testing pursuant to this section.

     (iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or

upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or

determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled

substance, or any combination thereof, the magistrate shall, upon request immediately grant a

conditional hardship license after a finding of need pursuant to this section and upon proof of the

installation of an ignition interlock device, subject also to the following testing:

     (A) The testing of either blood or urine is being performed by or monitored by a licensed

physician with knowledge and clinical experience in the diagnosis and treatment of drug-related

disorders, a licensed or certified psychologist, social worker, or EAP professional with like

knowledge, or a substance abuse counselor certified by the National Association of Alcohol and

Drug Abuse Counselors (all of whom shall be licensed in Rhode Island).

     (B) The motorist is required to pay for the substance abuse professional, any testing,

retesting, monitoring, and reporting costs of the blood and urine testing.

     (C) Samples are to be collected, tested and confirmed by a federally certified laboratory by

means of gas chromatography/mass spectrometry or technology recognized as being at least as

scientifically accurate.

     (D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance

with the recommendation of the substance abuse professional. The samples taken thereafter may

be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the

request. The substance abuse professional shall report to the department of the attorney general

within twenty-four (24) hours any failure by the motorist to comply with a request for a sample.

     (E) A positive test of urine or blood which that evidences any controlled substances shall

be reported by the substance abuse professional to the motorist and to the department of the attorney

general within twenty-four (24) hours of receipt of the results. The motorist may, at their his or her

own expense, have an opportunity to have the sample retested or reevaluated by an independent

testing facility who which shall provide the result directly to the substance abuse professional. The

attorney general may request, at any time, a copy of any or all test results from the substance abuse

professional, which shall forward the requested results within forty-eight (48) hours.

     (F) Upon completion of the license suspension, conditional hardship, ignition interlock and

substance abuse testing periods, a finalized report shall be presented to the department of motor

vehicles prior to any license reinstatement.

     (G) If a judge or magistrate determines that a motorist either failed, without good cause, to

comply with a sample request or tested positive for any controlled substance, they he or she may

exercise their his or her discretion and revoke the conditional hardship license, extend the time

period for the ignition interlock system and/or substance abuse testing for an additional period of

up to twelve (12) months and/or impose an additional loss of license for up to twenty-four (24)

months.

     (H) A motorist who has failed, without good cause, to comply with a sample request or

tested positive for any controlled substance for a second time within twelve (12) months of the first

failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one

year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.

     (c) However, in any case where a motorist has a prior is convicted of an alcohol-related

offense pursuant to the provisions of this chapter or a prior reckless driving conviction under § 31-

27-4 or reckless eluding conviction under § 31-27-4.1, within the prior ten (10) years of the offense,

or when the instant offense involves a motor vehicle accident, the judge or magistrate may exercise

their his or her discretion in the granting of the hardship license by imposing up to a ninety (90)

day loss of license prior to any imposition of the hardship license. If the instant matter involves a

blood alcohol level of fifteen hundredths (.15) BAC or above, the judge or magistrate may exercise

his or her discretion in the granting of the hardship license by imposing up to a six (6) month loss

of license prior to any imposition of the hardship license. Said The hardship license shall be valid

only for twelve (12) continuous hours per day to get to and from employment, necessary medical

appointments, job training, schooling, or for any other valid reason approved in advance by the

sentencing judge or magistrate, which shall include employment, medical appointments, job

training, schooling, or for religious purposes. The hardship license shall not be for less than twelve

(12) continuous hours per day. A hardship license shall only be granted in conjunction with the

installation of an ignition interlock device and/or blood and urine testing. Any conditional driving

privileges must be set by the sentencing judge or magistrate after a hearing in which the motorist

must provide proof of employment status and hours of employment, or any other legitimate reasons

justifying a hardship license. These shall include, but not be limited to, any unemployment training,

schooling, medical appointments, therapy treatments, or any other valid requests set forth by sworn

affidavit. Once said hardship period has concluded, the motorist must still be subject to the

conditions of the ignition interlock system and/or blood and urine testing as set forth under this

section for the period of time as directed by the court. Any individual who violates the requirements

of this subsection shall be subject to the penalties enumerated in § 31-11-18.1.

     (c)(d) Any person convicted of an offense of driving under the influence of liquor or drugs

resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious

bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger

resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by

law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition

interlock system and/or blood and urine testing for one to five (5) years.

     (d)(e) Any person who operates a motor vehicle with a suspended license during the period

of suspension, and the reason for the suspension was due to a conviction of driving under the

influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical

test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing

for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1.

     (e)(f)When the court orders the use of an ignition interlock system, the judge or magistrate

shall cause an appropriate notation to be made on the person's record that clearly sets forth the

requirement for, and the period of the use of, the ignition interlock system.

     (f)(g) In addition to the requirements of subsection (e) (f) of this section, the court or traffic

tribunal shall:

     (1) Require proof of the installation of the ignition interlock system and periodic reporting

by the person for the purpose of verification of the proper operation of the ignition interlock system;

     (2) Require the person to have the ignition interlock system monitored for the proper use

and accuracy by a person, firm, corporation, or other association to be approved by the division of

motor vehicles at least once every six (6) months, or more frequently as the circumstances may

require; and

     (3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and

maintenance of the ignition interlock system.

     (4) The requirements under subsection (f) (g) of this section shall be the responsibility of

the probation department or justice assistance, if the individual is under their control, or the division

of motor vehicles if the individual is not monitored as a condition of the individual's plea or finding

of guilt.

     (h) Any person granted a conditional hardship license upon proof of installation of an

ignition interlock device, may operate that motor vehicle during the entire twelve-(12) hour (12)

period of operation granted by the sentencing judge or magistrate including during the scope of

their the person’s employment and/or any other valid reason approved by the sentencing judge or

magistrate.

     (g)(i) If a person is required, in the course of the person's employment, to operate a motor

vehicle owned or provided by the person's employer, the person may operate that motor vehicle in

the course of the person's employment without installation of an ignition interlock system if the

court makes specific findings expressly permitting the person to operate, in the course of the

person's employment, a motor vehicle that is not equipped with an ignition interlock system.

     (h)(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing

who violates such order shall be guilty of a misdemeanor punishable by up to one year

imprisonment, or a fine of up to one thousand dollars ($1,000), or both.

     (2) For a second violation within six (6) months from entry of the order, the person

violating the order shall be imprisoned for a term of not less than ten (10) days and not more than

one year.

      (k) For the purposes of this subsection, a violation of the interlock order, includes, but is

not limited to:

     (1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition

interlock system that has been installed in the motor vehicle of a person under this section;

     (2) Operating a motor vehicle that is not equipped with an ignition interlock system; or

     (3) Soliciting or attempting to have another person start a motor vehicle equipped with an

ignition interlock system for the purpose of providing an operable motor vehicle to a person who

is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.

     (i)(l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition

interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition

interlock system that has been installed in the motor vehicle for the purpose of providing an

operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not

equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to

one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.

 

 

 

 

485)

Section

Repealed Chapter Numbers:

 

31-31-4

398 and 399

 

 

31-31-4. [Repealed]

 

 

 

486)

Section

Repealed Chapter Numbers:

 

31-31-5

398 and 399

 

 

31-31-5. [Repealed]

 

 

 

487)

Section

Repealed Chapter Numbers:

 

31-31-6

398 and 399

 

 

31-31-6. [Repealed]

 

 

 

 

488)

Section

Repealed Chapter Numbers:

 

31-31-7

398 and 399

 

 

31-31-7. [Repealed]

 

 

 

 

489)

Section

Repealed Chapter Numbers:

 

31-31-8

398 and 399

 

 

31-31-8. [Repealed]

 

 

 

 

490)

Section

Repealed Chapter Numbers:

 

31-31-9

398 and 399

 

 

31-31-9. [Repealed]

 

 

 

 

491)

Section

Repealed Chapter Numbers:

 

31-31-10

398 and 399

 

 

31-31-10. [Repealed]

 

 

 

 

492)

Section

Repealed Chapter Numbers:

 

31-31-11

398 and 399

 

 

31-31-11. [Repealed]

 

 

 

493)

Section

Repealed Chapter Numbers:

 

31-31-12

398 and 399

 

 

31-31-12. [Repealed]

 

 

 

 

494)

Section

Repealed Chapter Numbers:

 

31-31-13

398 and 399

 

 

31-31-13. [Repealed]

 

 

495)

Section

Repealed Chapter Numbers:

 

31-31-14

398 and 399

 

 

31-31-14. [Repealed]

 

 

 

 

496)

Section

Repealed Chapter Numbers:

 

31-31-15

398 and 399

 

 

31-31-15. [Repealed]

 

 

 

 

497)

Section

Repealed Chapter Numbers:

 

31-31-16

398 and 399

 

 

31-31-16. [Repealed]

 

 

 

 

498)

Section

Repealed Chapter Numbers:

 

31-31-17

398 and 399

 

 

31-31-17. [Repealed]

 

 

 

 

499)

Section

Repealed Chapter Numbers:

 

31-31-18

398 and 399

 

 

31-31-18. [Repealed]

 

 

 

500)

Section

Repealed Chapter Numbers:

 

31-31-19

398 and 399

 

 

31-31-19. [Repealed]

 

 

 

 

501)

Section

Repealed Chapter Numbers:

 

31-31-20

398 and 399

 

 

31-31-20. [Repealed]

 

 

 

 

502)

Section

Repealed Chapter Numbers:

 

31-31-21

398 and 399

 

 

31-31-21. [Repealed]

 

 

 

503)

Section

Amended Chapter Numbers:

 

31-31-22

398 and 399

 

 

31-31-22. Matters not to be evidenced in civil suits.

     The report required following an accident, and the action taken by the division of motor

vehicles upon which the action is based, and the security filed as provided in this chapter, shall not

be referred to in any way, and shall not be any evidence of the negligence or due care of either

party, at the trial of any action at law to recover damages; provided, that the reports, and the division

action findings, and the security filed shall be admissible in any civil action based upon the

uninsured motorist provision of an automobile insurance policy as evidence in proof of the

existence of an uninsured motorist.

 

 

 

504)

Section

Amended Chapter Numbers:

 

31-32-14

398 and 399

 

 

31-32-14. Duration of suspension for unsatisfied judgment.

     (a) The license, registration, and nonresident's operating privilege shall remain so

suspended and shall not be renewed, nor shall the license or registration be thereafter issued in the

name of the person, including any person not previously licensed, unless and until the judgment is

stayed, satisfied in full, or to the extent provided in this chapter, and until the person gives proof of

financial responsibility subject to the exemptions stated in §§ 31-32-12, 31-32-13, and 31-32-17.

     (b) Provided, that if but for the provisions of this chapter relating to the failure to pay

judgments upon causes of action arising out of the ownership, maintenance, or use of vehicles of a

type subject to registration under the laws of this state, the license, or registration would have been

restored under the provisions of § 31-31-15(3), then the suspension of the license or registration

under the provisions of this chapter shall terminate.

 

 

 

505)

Section

Amended Chapter Numbers:

 

31-34-4

398 and 399

 

 

31-34-4. Liability of owner for negligence of operator.

     (a) Any owner of a for-hire motor vehicle or truck who has given proof of financial

responsibility under this chapter or who in violation of this chapter has failed to give proof of

financial responsibility, shall be jointly and severally liable with any person operating the vehicle

for any damages caused by the negligence of any person operating the vehicle by or with the

permission of the owner. Nothing in this section shall be construed to prevent an owner who has

furnished proof of financial responsibility or any person operating the vehicle from making defense

in an action upon the ground of contributory negligence to the extent to which the defense is

allowed in other cases.

     (b) Notwithstanding the provisions of subsection (a) of this section, or any provisions

contained under this title 31 to the contrary, the valid and collectable collectible liability insurance

or self-insurance providing coverage or liability protection for third-party liability claims arising

out of the operation of the rental vehicle shall be primary for the lessor or any person operating the

motor vehicle, with the express permission of the lessor unless otherwise stated in at least ten-(10)

point (10) type on the face of the rental agreement. That insurance or self-insurance is primary only

up to the limits required under § 31-31-7 § 31-47-2(13)(i)(A).

     (c) "Lessor" includes any entity in the business of renting motor vehicles pursuant to a

written rental agreement.

 

 

 

 

 

506)

Section

Amended Chapter Numbers:

 

31-34-6

96 and 97

 

 

31-34-6. Violations.

     Any person who violates any of the provisions of this chapter shall be guilty of a

misdemeanor subject to the fines enumerated in § 31-41.4-4.

 

 

 

507)

Section

Amended Chapter Numbers:

 

31-41.1-4

(49 and 50) and (96 and 97)

 

 

31-41.1-4. Schedule of violations.

     (a) The penalties for violations of the enumerated sections, listed in numerical order,

correspond to the fines described. However, those offenses for which punishments may vary

according to the severity of the offense, or punishment that require requires the violator to perform

a service, shall be heard and decided by the traffic tribunal or municipal court. The following

violations may be handled administratively through the method prescribed in this chapter. This list

is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other

violations.

VIOLATIONS SCHEDULE

Sections of Total

General Laws Fine

8-8.2-2 DOT, DEM, or other agency and department violations $85.00

24-10-17 Soliciting rides in motor vehicles 85.00

24-10-18 Backing up prohibited 85.00

24-10-19 Advertising motor vehicle for sale on state highways 100.00

24-10-20 Park and ride lots 85.00

24-12-37 Nonpayment of toll 100.00

31-3-12 Visibility of plates 85.00

31-3-18 Display of plates 85.00

31-3-32 Driving with expired registration 85.00

31-3-34 Failure to notify division of change of address 85.00

31-3-35 Notice of change of name 85.00

31-3-40 Temporary plates – dealer issued 85.00

31-4-3 Temporary registration – twenty-day (20) bill of sale 85.00

31-10-10 Rules as to armed forces license 85.00

31-10-30 Driving on expired license 85.00

31-10-32 Notice of change of address 85.00

31-10.1-4 No motorcycle helmet (operator) 85.00

31-10.1-5 Motorcycle handlebar violation 85.00

31-10.1-6 No motorcycle helmet (passenger) 85.00

31-10.1-7 Inspection of motorcycle required 85.00

31-12-12 Local motor vehicle ordinance 85.00

31-13-4 Obedience to devices 85.00

31-13-6(3)(i) Eluding traffic light 85.00

31-13-9 Flashing signals 85.00

31-13-11 Injury to signs or devices 85.00

31-14-1 Reasonable and prudent speed 95.00

31-14-3 Condition requiring reduced speed 95.00

31-14-9 Below minimum speed 95.00

31-14-12 Speed limit on bridges and structures 95.00

31-15-1 Leaving lane of travel 85.00

31-15-2 Slow traffic to right 85.00

31-15-3 Operator left of center 85.00

31-15-4 Overtaking on left 85.00

31-15-5(a) Overtaking on right 85.00

31-15-6 Clearance for overtaking 85.00

31-15-7 Places where overtaking prohibited 85.00

31-15-8 No passing zone 85.00

31-15-9 One way highways 85.00

31-15-10 Rotary traffic islands 85.00

31-15-11 Laned roadway violation 85.00

31-15-12 Following too closely 85.00

31-15-12.1 Entering intersection 100.00

31-15-13 Crossing center section of divided highway 85.00

31-15-14 Entering or leaving limited access roadways 85.00

31-15-16 Use of emergency break-down lane for travel 85.00

31-15-17 Crossing bicycle lane 85.00

31-15-18 Unsafe passing of person operating a bicycle 85.00

31-16-1 Care in starting from stop 85.00

31-16-2 Manner of turning at intersection 85.00

31-16-4 U turn where prohibited 85.00

31-16-5 Turn signal required 85.00

31-16-6 Time of signaling turn 85.00

31-16-7 Failure to give stop signal 85.00

31-16-8 Method of giving signals 85.00

31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00

second and subsequent offense not to exceed 500.00

31-17-1 Failure to yield right of way 85.00

31-17-2 Vehicle turning left 85.00

31-17-3 Yield right of way (intersection) 85.00

31-17-4 Obedience to stop signs 85.00

31-17-5 Entering from private road or driveway 85.00

31-17-8 Vehicle within right of way, rotary 85.00

31-17-9 Yielding to bicycles on bicycle lane 85.00

31-18-3 Right of way in crosswalks first violation 85.00

second violation or any subsequent violation $100.00

31-18-5 Crossing other than at crosswalks 85.00

31-18-8 Due care by drivers 85.00

31-18-12 Hitchhiking 85.00

31-18-18 Right of way on sidewalks 85.00

31-19-3 Traffic laws applied to bicycles 85.00

31-19-20 Sale of new bicycles 85.00

31-19-21 Sale of used bicycles 85.00

31-19.1-2 Operating motorized bicycle on an interstate highway 85.00

31-19.2-2 Operating motorized tricycle on an interstate highway 85.00

31-20-1 Failure to stop at railroad crossing 85.00

31-20-2 Driving through railroad gate 85.00

31-20-9 Obedience to stop sign 85.00

31-21-4 Places where parking or stopping prohibited 85.00

31-21-14 Opening of vehicle doors 85.00

31-21-18 Electric vehicle charging station restriction 85.00

31-22-2 Improper backing up 85.00

31-22-4 Overloading vehicle 85.00

31-22-5 Violation of safety zone 85.00

31-22-6 Coasting 85.00

31-22-7 Following fire apparatus 85.00

31-22-8 Crossing fire hose 85.00

31-22-9 Throwing debris on highway – snow removal 85.00

31-22-11.5 Improper use of school bus– not to exceed five hundred dollars

for each day of improper use ($500)

31-22-22(a) No child restraint 85.00

31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00

31-22-22(b), (f) No seat belt – passenger 40.00

31-22-22(g) No seat belt – operator 40.00

31-22-23 Tow trucks – proper identification 275.00

31-22-24 Operation of interior lights 85.00

31-23-1(b)(2) U.S. department of transportation motor carrier safety rules

and regulations Not less than $85.00

or more than $500.00

31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00

31-23-1(e)(7) Operation of an "out of service vehicle" 100.00

31-23-2(b) Installation or adjustment of unsafe or prohibited parts,

equipment, or accessories:

(first offense) 250.00

(second offense) 500.00

(third and subsequent offenses) 1,000.00

31-23-4 Brake equipment required 85.00

31-23-8 Horn required 85.00

31-23-10 Sirens prohibited 85.00

31-23-13 Muffler required 85.00

31-23-13.1 Altering height or operating a motor vehicle with an

altered height 85.00

31-23-14 Prevention of excessive fumes or smoke 85.00

31-23-16 Windshield and window stickers (visibility) 85.00

31-23-17 Windshield wipers 85.00

31-23-19 Metal tires prohibited 85.00

31-23-20 Protuberances on tires 85.00

31-23-26 Fenders and wheel flaps required 85.00

31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00

31-23-29 Flares or red flag required over four thousand pounds

(4,000 lbs.) 85.00

31-23-40 Approved types of seat belt requirements 85.00

31-23-42.1 Special mirror – school bus 85.00

31-23-43 Chocks required (1 pair) – over four thousand pounds

(4,000 lbs.) 85.00

31-23-45 Tire treads – defective tires 85.00

31-23-47 Slow moving emblem required 85.00

31-23-49 Transportation of gasoline – passenger vehicle 85.00

31-23-51 Operating bike or motor vehicle wearing ear phones

(first offense) 85.00

second offense 95.00

for the third and each subsequent offense 140.00

31-24-1 through 31-24-54 Times when lights required 85.00

31-25-3 Maximum width of one hundred and two inches (102")

exceeded 85.00

31-25-4 Maximum height of one hundred sixty-two inches (162")

exceeded 85.00

31-25-6 Maximum number and length of coupled vehicles 500.00

31-25-7 Load extending three feet (3') front, six feet (6') rear

exceeded 85.00

31-25-9 Leaking load 85.00

31-25-11 Connections between coupled vehicles 85.00

31-25-12 Towing chain, twelve-inch (12") square flag required 85.00

31-25-12.1 Tow truck – use of lanes

(first offense) 85.00

second offense 95.00

for the third and each subsequent offense 100.00

31-25-14(d)(1) Maximum weight and tandem axles 125.00

31-25-14(d)(2) Maximum weight and tandem axles 125.00

31-25-14(d)(3) Maximum weight and tandem axles 125.00

31-25-16(c)(2) Maximum weight shown in registration per thousand lbs.

overweight or portion thereof 85.00

31-25-16(c)(3) Maximum weight shown in registration per thousand lbs.

overweight or portion thereof. 125.00

31-25-16(c)(4) Maximum weight shown in registration 1,025.00

plus per thousand pounds overweight or portion thereof $125.00

31-25-17 Identification of trucks and truck-tractors

(first offense) 85.00

(second offense) 95.00

for the third and subsequent offenses 125.00

31-25-24 Carrying and inspection of excess load limit 175.00

31-25-27(c) Maximum axle

(first offense) 3,000.00

not to exceed 5,000.00

for each and every subsequent offense

31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River

Bridge

(first offense) 3,000.00

not to exceed 5,000.00

for each and every subsequent offense

31-27-2.3 Refusal to take preliminary breath test 85.00

31-28-7(d) Wrongful use of handicapped parking placard 500.00

31-28-7(f) Handicapped parking space violation:

First offense 100.00

Second offense 175.00

Third offense and subsequent offenses 325.00

31-28-7.1(e) Wrongful use of institutional handicapped parking

placard 125.00

31-33-2 Failure to file accident report 85.00

31-36.1-17 No fuel tax stamp (out-of-state) 85.00

and not exceeding for subsequent offense ($100)

31-38-3 No inspection sticker 85.00

31-38-4 Violation of inspection laws 85.00

31-41.3-15 Automated school-zone-speed-enforcement system 50.00

31-47.2-6 Heavy-duty vehicle emission inspections:

First offense 125.00

Second offense 525.00

Third and subsequent offenses 1,025.00

37-15-7 Littering not less than 55.00

not more than five hundred dollars ($500)

39-12-26 Public carriers violation 300.00

SPEEDING Fine

(A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 95.00

(B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine 205.00

of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. minimum

     (b) In addition to any other penalties provided by law, a judge may impose the following

penalties for speeding:

     (1) For speeds up to and including ten miles per hour (10 m.p.h.) over the posted speed

limit on public highways, a fine as provided for in subsection (a) of this section for the first offense;

ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if

within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile

in excess of the speed limit for the third and any subsequent offense if within twelve (12) months

of the first offense. In addition, the license may be suspended up to thirty (30) days.

     (2) For speeds in excess of ten miles per hour (10 m.p.h.) over the posted speed limit on

public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the

first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the

second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per

mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve

(12) months of the first offense. In addition, the license may be suspended up to sixty (60) days.

     (c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person

charged with a violation who pays the fine administratively pursuant to this chapter shall not be

subject to any additional costs or assessments, including, but not limited to, the hearing fee

established in § 8-18-4.

 

(96 and 97)

31-34-2 Proof of insurance-motor vehicle rental 85.00

31-34-3 Operation by person other than lessee 85.00

 

 

 

508)

Section

Amended Chapter Numbers:

 

31-41.1-6

262 and 264

 

 

31-41.1-6. Hearings.

     (a) Every hearing for the adjudication of a traffic violation, as provided by this chapter,

shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court,

where provided by law. The burden of proof shall be upon the state, city, or town and no charge

may be established except by clear and convincing evidence. A verbatim recording shall be made

of all proceedings. The chief magistrate of the traffic tribunal may prescribe, by rule or regulation,

the procedures for the conduct of the hearings and for pre-hearing discovery.

     (b) After due consideration of the evidence and arguments, the judge or magistrate shall

determine whether the charges have been established, and appropriate findings of fact shall be made

on the record. If the charges are not established, an order dismissing the charges shall be entered.

If a determination is made that a charge has been established or if an answer admitting the charge

has been received, an appropriate order shall be entered in the records of the traffic tribunal.

     (c) An order entered after the receipt of an answer admitting the charge or where a

determination is made that the charge has been established shall be civil in nature, and shall be

treated as an adjudication that a violation has been committed. A judge or magistrate may include

in the order the imposition of any penalty authorized by any provisions of this title for the violation,

including, but not limited to, license suspension, and/or in the case of a motorist under the age of

twenty (20), community service, except that no penalty for it shall include imprisonment. A judge

or magistrate may order the suspension or revocation of a license or of a registration in the name

of the defendant in accordance with any provisions of this title which that authorize the suspension

or revocation of a license or of a registration, or may order the suspension of the license and the

registration of the defendant for the willful failure to pay a fine previously imposed. In addition,

after notice and opportunity to be heard, a judge or magistrate may order the suspension of the

registration of the vehicle with which the violation was committed, if the defendant has willfully

failed to pay a fine previously imposed.

     (d) A judge or magistrate may, as authorized by law, order a motorist to attend a

rehabilitative driving course operated under the jurisdiction of a college or university accredited by

the state of Rhode Island, or the trained personnel of the department of revenue. An order to attend

a course may also include a provision to pay reasonable tuition for the course to the institution in

an amount not to exceed twenty-five dollars ($25.00) in an amount not to exceed the fee established

by the college or university accredited by the state of Rhode Island or the department of revenue

for driver retraining. The order shall contain findings of fact. Failure to comply with an order of

attendance may, after notice and hearing, result in the suspension or revocation of a person's license

or registration.

     (e) Unless a judge or magistrate shall determine determines that a substantial traffic safety

hazard would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, may

delay for a period of not to exceed thirty (30) days the effective date of any suspension or revocation

of a driver's license or vehicle registration imposed pursuant to this chapter. However, the

regulations may provide for the immediate surrender of any item to be suspended or revoked and

the issuance of appropriate temporary documentation to be used during the thirty-(30) day (30)

period. Any order for immediate surrender of a driver's license or vehicle registration shall contain

a statement of reasons for it.

 

 

 

509)

Section

Amended Chapter Numbers:

 

31-46-1

423 and 424

 

 

31-46-1. Duty of insurance company.

     (a) Any insurance company taking possession of a motor vehicle for which a certificate of

title has been issued in this state, that has been declared a total loss because of damage to that

vehicle, in settlement of a claim for damage or theft shall within ten (10) days deliver to the division

of motor vehicles the certificate of title of that vehicle and obtain a salvage certificate of title for

that vehicle as prescribed for by the administrator of the division of motor vehicles. If the insurance

company is unable to obtain the certificate of title of the vehicle for more than thirty (30) days after

payment of the total loss claim on the vehicle, the insurance company or its agent may apply for

and obtain, free and clear of all liens and claims of ownership, a salvage certificate of title in the

insurance company's name without delivering the certificate of title to the division of motor

vehicles. Such The application shall be accompanied by evidence that the insurance company has

paid a total loss claim on the vehicle and has attempted to obtain the certificate of title by sending

at least two (2) written attempts, sent by certified mail or by another commercially available

delivery service providing proof of delivery and addressed to the last known owner of the vehicle

and any known lienholders, at the address shown on the records of the appropriate registry, in the

state in which the vehicle is registered.

     (b) If:

     (1) A motor vehicle dealer, the primary business of which is the sale of salvage motor

vehicles on behalf of insurance companies, is asked by an insurance company to take possession

of a motor vehicle for which a certificate of title has been issued in this state;

     (2) The motor vehicle is the subject of an insurance claim; and

     (3) Subsequently a total loss claim is not paid by the insurance company with respect to

such the motor vehicle, the motor vehicle dealer may, if such the motor vehicle has been abandoned

at the facility of the motor vehicle dealer for more than thirty (30) days, apply for and obtain, free

and clear of all liens and claims of ownership, a salvage certificate of title in such the dealer's name

without surrendering the certificate of title to the division of motor vehicles. Such The application

shall be accompanied by evidence that the motor vehicle dealer made at least two (2) written

attempts, sent by certified mail or by another commercially available delivery service providing

proof of delivery and addressed to the last known owner of the vehicle and any known lienholders,

at the address shown on the records of the appropriate registry, in the state in which the vehicle is

registered, to have the vehicle removed from the motor vehicle dealer's facility. In such application,

the motor vehicle dealer shall also classify the vehicle as Classification A or Classification B, as

such the classifications are described in § 31-46-1.1.

 

 

 

510)

Section

Repealed Chapter Numbers:

 

31-47-8

398 and 399

 

 

31-47-8. [Repealed]

 

 

 

511)

Section

Repealed Chapter Numbers:

 

31-47-8.1

398 and 399

 

 

31-47-8.1.  [Repealed]

 

 

 

512)

Section

Amended Chapter Numbers:

 

31-47-9

(105 and 106) and (398 and 399)

 

 

31-47-9. Penalties.

     (a) Any owner of a motor vehicle registered or required to be registered in this state who

shall knowingly operate the motor vehicle or knowingly permit it to be operated in this state without

having in full force and effect the financial security required by the provisions of this chapter, and

any other person who shall operate in this state any motor vehicle registered or required to be

registered in this state with the knowledge that the owner of it does not have in full force and effect

financial security, except a person who, at the time of operation of the motor vehicle, had in effect

an operator's policy of liability insurance, as defined in this chapter, with respect to his or her

operation of the vehicle, may be subject to a mandatory suspension of license and registration as

follows:

     (1) For a first offense, a suspension of up to three (3) months and may be fined one hundred

dollars ($100) up to five hundred dollars ($500);

     (2) For a second offense, a suspension of six (6) months; and may be fined five hundred

dollars ($500); and

     (3) For a third and subsequent offense, a suspension of up to one year. Additionally, any

person violating this section a third or subsequent time shall be punished as a civil violation and

may be fined one thousand dollars ($1,000).

     (b) An order of suspension and impoundment of a license or registration, or both, shall

state that date on or before which the person is required to surrender the person's license or

certificate of registration and registration plates. The person is deemed to have surrendered the

license or certificate of registration and registration plates, in compliance with the order, if the

person does either of the following:

     (1) On or before the date specified in the order, personally delivers the license or certificate

of registration and registration plates, or causes the delivery of those items, to the administrator of

the division of motor vehicles or court, whichever issued the order; or

     (2) Mails the license or certificate of registration and registration plates to the administrator

of the division of motor vehicles, in an envelope or container bearing a postmark showing a date

no later than the date specified in the order.

     (c) The administrator of the division of motor vehicles shall not restore any operating

privileges or registration rights suspended under this section or return any license, certificate of

registration, or registration plates impounded under this section unless the rights are not subject to

suspension or revocation under any other law and unless the person, in addition to complying with

all other conditions required by law for reinstatement of operating privileges or registration rights,

complies with all of the following:

     (1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be

increased, upon approval of the administrator of the division of motor vehicles, up to an amount

not exceeding fifty dollars ($50.00).; and

     (2) Files and maintains proof of financial security. To facilitate the administration of this

chapter the clerk of the courts shall notify the administrator of the division of motor vehicles of all

persons against whom judgments have been entered arising out of a motor vehicle collision.

 

(398 and 399)

(d) For the purpose of this section, an "operator's policy of liability insurance" means a

policy issued by an insurance carrier duly authorized to transact business in this state which that

shall insure the person named in it as insured, against loss from the liability imposed upon him or

her by law for damages, including damages for care and loss of services, because of bodily injury

to or death of any person and injury to or destruction of property arising out of the use by him or

her, of any motor vehicle not owned by him or her, subject to the same minimum provisions and

approval required by this chapter, with respect to an owner's policy of liability insurance. With

respect to a nonresident, the policy may also be issued by a nonadmitted insurance carrier provided

the requirements of this chapter, with respect to issuance of an owner's policy of liability insurance

by the carrier, have been met.

 

 

 

513)

Section

Repealed Chapter Numbers:

 

31-47-10

398 and 399

 

 

31-47-10. [Repealed]

 

 

 

 

514)

Section

Amended Chapter Numbers:

 

31-47-15.1

398 and 399

 

 

31-47-15.1. Exception for seasonal vehicles.

     (a) Upon receipt of a signed written request for a suspension from the owner of a registered

motor vehicle stating that the vehicle will not be operated upon any highway during a period of not

less than thirty (30) consecutive days, the insurer of the vehicle shall suspend, to the extent

requested by the owner, insurance afforded under the policy providing the security required by this

chapter, for the vehicle until notified by the owner that the coverage should be reinstated. During

the period of suspension only, the provisions of this chapter shall not apply with respect to the

vehicle. If the vehicle is operated upon any highway by or with the permission of the owner during

the period of suspension, the provisions of this chapter shall immediately become applicable.

     (b) As used in this section, the term "highway" includes all roads as defined in § 31-1-23,

except a private road or driveway.

     (c) This section shall not apply to a motor vehicle for which proof of financial responsibility

is required under the provisions of § 31-31-5 or chapter 32 of this title 31. This section shall not

apply to motorized vehicles used seasonally in the town of New Shoreham commonly referred to

as mopeds.

 

 

 

 

515)

Section

Amended Chapter Numbers:

 

34-18-22

210 and 323

 

 

34-18-22. Landlord to maintain premises.

     (a) A landlord shall:

     (1) Comply with the requirements of applicable building and housing codes affecting

health and safety;

     (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and

habitable condition;

     (3) Keep all common areas of the premises in a clean and safe condition;

     (4) Maintain in good and safe working order and condition all electrical, plumbing,

sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including

elevators, supplied or required to be supplied by him or her the landlord;

     (5) Provide and maintain appropriate receptacles and conveniences for the removal of

ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit as required

by § 45-24.3-6, or applicable local codes if more restrictive, and arrange for their removal; and

     (6) Supply running water and reasonable amounts of hot water at all times as required by

§ 45-24.3-7, or applicable local codes if more restrictive, and reasonable heat as required by § 45-

24.3-9, or applicable local codes if more restrictive, between October 1 and May 1, except where

the building that includes the dwelling unit is not required by law to be equipped for that purpose,

or the dwelling unit is so constructed that heat or hot water is generated by an installation within

the exclusive control of the tenant and supplied by a direct public utility connection.; and

     (7) Obtain and have in full force and effect a general liability insurance policy of at least

one hundred thousand dollars ($100,000) for those persons injured on the premises due to the

negligence of the landlord. The landlord shall provide a copy of the declaration page from the

carrier showing said the policy to the tenant with the written lease at the beginning of the tenancy

and shall provide a new copy with each policy renewal to the tenant.

     (b) If the duty imposed by subsection (a)(1) of this section is greater than any duty imposed

by any other paragraph of that subsection (a) of this section, the landlord's duty shall be determined

by reference to subsection (a)(1) of this section.

     (c) The landlord and tenant of a dwelling unit may agree in writing that the tenant perform

specified repairs, maintenance tasks, alterations, and remodeling but only if:

     (1) The agreement of the parties is entered into in good faith and set forth in a writing

signed by the parties and supported by adequate consideration;

     (2) The work is not necessary to cure noncompliance with subsection (a)(1) of this section;

and

     (3) The agreement does not diminish or affect the obligation of the landlord to other tenants

in the premises.

 

 

 

 

516)

Section

Amended Chapter Numbers:

 

34-19-1

77 and 78

 

 

34-19-1. Warrant for summons of jury.

     Whenever a complaint shall be made in writing and under oath of the complainant, or of

some one in his or her behalf, to a justice of the superior court, that any person has made unlawful

and forcible entry into lands or tenements, and with a strong hand detains the lands or tenements,

or that, having made lawful and peaceable entry, or peaceable entry, into lands or tenements, any

person unlawfully and with force holds and detains them, the court shall make out a warrant under

its hand and seal, directed to the sheriff of the county in which the lands or tenements lie, or to his

or her deputy, commanding him or her in behalf of the state to cause to come before the superior

court, at such time and place as the court shall appoint within the county, twelve (12) good and

lawful men or women of the same county, which warrant shall be in the following form:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

SC.

     (SEAL) To the sheriff of the county of …………… or …………… to his or her

deputy, …………… Greeting:

     Whereas complaint is made to me, the subscriber, by …………… of …………… that

…………… of …………… upon the ………… day of …………… at …………… with force and

arms and with a strong hand did unlawfully and forcibly enter into and upon a tract of land of him

or her …………… in …………… aforesaid …………… containing …………… acres, bounded

as follows, viz.: (or, into the messuage or tenement of him or her, …………… as the case may be,

describing it) and him or her …………… with force and a strong hand as aforesaid did expel and

unlawfully put out of possession of the same (or, as the case may be, that having made lawful and

peaceable entry, or peaceable entry, such person unlawfully and with force holds and detains him

or her …………… out of the same), you are hereby commanded in behalf of the state to cause to

come before our superior court, upon the …………… day of …………… at …………… o'clock

( : ) in the ………… noon at ………… in the county of ………… twelve (12) good and lawful

men or women of your county to be impaneled and sworn, to inquire into the forcible entry and

detainer (or forcible detainer, as the case may be), as aforedescribed.

     Given under my hand and seal the …………… day of …………… in the year …….

Justice of the superior court.

 

 

 

 

 

 

517)

Section

Amended Chapter Numbers:

 

34-19-2

77 and 78

 

 

34-19-2. Issuance of summons to defendant.

     The court shall also make out a summons to the party complained against in the form

following:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

SC.

     (SEAL) To the sheriff of the county of ………… or …………… to his or her

deputy, ……… Greeting:

     We command you that you summon ……… of ……… to appear before our superior court

at ……… in our county of ……… on the ……… day of ……… at ………… o'clock (: ) in the

………… noon, then and there to answer to and defend against the complaint of ………… there

exhibited: ………… wherein ………… complains that (here recite the complaint); and you are to

make return of this writ with your doings thereon unto our the court upon or before the such day.

     Given under my hand and seal, the …………… day of ………………… in the year …..

Justice of the superior court.

 

 

 

 

518)

Section

Amended Chapter Numbers:

 

34-19-6

77 and 78

 

 

34-19-6. Judgment and writ of restitution.

     Upon the return of verdict for the complainant, the court shall enter up judgment that the

complainant have restitution of the premises, with all costs, to be taxed by the court, and shall

award a writ of restitution and for costs against the party complained of, in the form following:

THE STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS.

SC.

     (SEAL) To the sheriff of our county of …………, or to ………… his or her deputy,

………… Greeting:

     Whereas, at a court of inquiry of forcible entry and detainer, ………… held at …………

in our county of ………… upon the ………… day of ………… in the year …… before one of the

justices of the superior court, the jurors impaneled and sworn by our justice did return their verdict

in writing, signed by each of them, that ……… was upon the ……… day of ……… in the rightful

possession of a certain messuage or tract of land (as in the verdict returned), and that (as in the

verdict), whereupon it was considered by our court that ……… should have restitution of the same,

we command you, that, taking with you the power of the county, if necessary, you cause ……… to

be forthwith removed from the premises, and ……… to have peaceable possession of the same,

and also that you levy of the goods and chattels and real estate of the said ……… the sum of ………

being costs taxed against him or her on the trial aforesaid, together with twenty-five cents (25˘)

more for this writ, and also your own fees for levying the same; and for want of such goods and

chattels or real estate of ……… to be by you found, you are commanded to take the body of ………

and him or her to commit to jail in ………, in ……… county of ………, there to remain until he

or she shall pay the sum aforesaid together with all fees arising on the service of this writ or until

he or she is delivered by order of law; and make return of this writ and your doings thereon within

twenty (20) days next coming.

     Witness the seal of the superior court the ……… day of ……… in the year …….

……….…………………. Clerk.

     (or) Witness my hand and seal the ……… day of ……… in the year …… .

Justice of the superior court.

 

 

 

 

519)

Section

Amended Chapter Numbers:

 

34-36.1-4.09

56 and 59

 

 

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)(1) 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.

     (2) The association may require a unit owner to pay a fee that does not exceed one hundred

twenty-five dollars ($125) to prepare and provide an electronic version or physical version of the

resale certificate.

     (2)(3) 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.

     (3)(4) 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.

 

 

 

520)

Section

Amended Chapter Numbers:

 

34-37-1

3 and 4

 

 

34-37-1. Finding and declaration of policy.

     (a) In the State of Rhode Island and Providence Plantations, hereinafter referred to as the

state, many people are denied equal opportunity in obtaining housing accommodations and are

forced to live in circumscribed areas because of discriminatory housing practices based upon race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source

of income, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, familial status, or on the basis that a tenant or applicant or a member of the household is, or

has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant

has obtained, or sought, or is seeking, relief from any court in the form of a restraining order for

protection from domestic abuse. These practices tend unjustly to condemn large groups of

inhabitants to dwell in segregated districts or under depressed living conditions in crowded,

unsanitary, substandard, and unhealthful accommodations. These conditions breed intergroup

tension as well as vice, disease, juvenile delinquency, and crime; increase the fire hazard; endanger

the public health; jeopardize the public safety, general welfare, and good order of the entire state;

and impose substantial burdens on the public revenues for the abatement and relief of conditions

so created. These discriminatory and segregative housing practices are inimical to and subvert the

basic principles upon which the colony of Rhode Island and Providence Plantations was founded

and upon which the state and the United States were later established. Discrimination and

segregation in housing tend to result in segregation in our public schools and other public facilities,

which is contrary to the policy of the state and the constitution of the United States. Further,

discrimination and segregation in housing adversely affect urban renewal programs and the growth,

progress, and prosperity of the state. In order to aid in the correction of these evils, it is necessary

to safeguard the right of all individuals to equal opportunity in obtaining housing accommodations

free of discrimination.

     (b) It is hereby declared to be the policy of the state to assure to all individuals regardless

of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful

source of income, military status as a veteran with an honorable discharge or an honorable or

general administrative discharge, servicemember in the armed forces, country of ancestral origin,

or disability, age, familial status, housing status, or those tenants or applicants or members of a

household who are, or have been, or are threatened with being the victims of domestic abuse, or

those tenants or applicants who have obtained, or sought, or are seeking relief from any court in

the form of a restraining order for protection from domestic abuse, equal opportunity to live in

decent, safe, sanitary, and healthful accommodations anywhere within the state in order that the

peace, health, safety, and general welfare of all the inhabitants of the state may be protected and

ensured.

     (c) The practice of discrimination in rental housing based on the lawful source of income

of an applicant for tenancy, or the potential or actual tenancy of a person with a minor child, or on

the basis that a tenant or applicant or a member of the household is, or has been, or is threatened

with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or

is seeking relief from any court in the form of a restraining order for protection from domestic

abuse is declared to be against public policy.

     (d) This chapter shall be deemed an exercise of the police power of the state for the

protection of the public welfare, prosperity, health, and peace of the people of the state.

     (e) Nothing in this section shall prevent a landlord from proceeding with eviction action

against a tenant who fails to comply with § 34-18-24(7).

 

 

 

 

521)

Section

Amended Chapter Numbers:

 

34-37-2

3 and 4

 

 

34-37-2. Right to equal housing opportunities -- Civil rights.

     The right of all individuals in the state to equal housing opportunities regardless of race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source

of income, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, familial status, or regardless of the fact that a tenant or applicant or a member of the household

is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or

applicant has obtained, or sought, or is seeking, relief from any court in the form of a restraining

order for protection from domestic abuse, is hereby recognized as, and declared to be, a civil right.

Nothing in this section shall prevent a landlord from proceeding with eviction action against a

tenant who fails to comply with § 34-18-24(7).

 

 

 

 

522)

Section

Amended Chapter Numbers:

 

34-37-3

(3 and 4) and (124 and 125)

 

 

34-37-3. Definitions.

     When used in this chapter:

     (1) "Age" means anyone over the age of eighteen (18).

     (2) "Armed forces" means the Army, Navy, Marine Corps, Coast Guard, Merchant

Marines, or Air Force of the United States and the Rhode Island National Guard.

     (3) "Commission" means the Rhode Island commission for human rights created by § 28-

5-8.

     (4) "Disability" means a disability as defined in § 42-87-1.

     Provided, further, that the term "disability" does not include current, illegal use of, or

addiction to, a controlled substance, as defined in 21 U.S.C. § 802.

     (5) "Discriminate" includes segregate, separate, or otherwise differentiate between or

among individuals because of race, color, religion, sex, sexual orientation, gender identity or

expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, disability, age, housing status, or familial status or because of the race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source

of income, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, housing status, or familial status of any person with whom they are, or may wish to be,

associated.

     (6) The term "domestic abuse" for the purposes of this chapter shall have the same meaning

as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2,

except that the domestic abuse need not involve a minor or parties with minor children.

     (7)(i) "Familial status" means one or more individuals who have not attained the age of

eighteen (18) years being domiciled with:

     (A) A parent or another person having legal custody of the individual or individuals; or

     (B) The designee of the parent or other person having the custody, with the written

permission of the parent or other person, provided that, if the individual is not a relative or legal

dependent of the designee, that the individual shall have been domiciled with the designee for at

least six (6) months.

     (ii) The protections afforded against discrimination on the basis of familial status shall

apply to any person who is pregnant or is in the process of securing legal custody of any individual

who has not attained the age of eighteen (18) years.

     (8) The terms, as used regarding persons with disabilities, "auxiliary aids and services",

"reasonable accommodation", and "reasonable modifications" have the same meaning as those

terms are defined in § 42-87-1.1.

     (9) The term "gender identity or expression" includes a person's actual or perceived gender,

as well as a person's gender identity, gender-related self image, gender-related appearance, or

gender-related expression; whether or not that gender identity, gender-related self image, gender-

related appearance, or gender-related expression is different from that traditionally associated with

the person's sex at birth.

     (10) "Housing accommodation" includes any building or structure, or portion of any

building or structure, or any parcel of land, developed or undeveloped, that is occupied or is

intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or

residence of one or more persons.

     (11) "Otherwise qualified" includes any person with a disability who, with respect to the

rental of property, personally or with assistance arranged by the person with a disability, is capable

of performing all the responsibilities of a tenant as contained in § 34-18-24.

     (12) "Owner" includes any person having the right to sell, rent, lease, or manage a housing

accommodation.

     (13) "Person" includes one or more individuals, partnerships, associations, organizations,

corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal

representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as

defined in chapter 20.5 of title 5.

     (14) "Senior citizen" means a person sixty-two (62) years of age or older.

     (15) The term "sexual orientation" means having, or being perceived as having, an

orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to

describe the status of persons and does not render lawful any conduct prohibited by the criminal

laws of this state nor impose any duty on a religious organization. This definition does not confer

legislative approval of said status, but is intended to ensure the basic human rights of persons to

hold and convey property and to give and obtain credit, regardless of such status.

     (16) The term "victim" means a family or household member and all other persons

contained within the definition of those terms as defined in § 12-29-2.

     (17) The term "housing status" means the status of having or not having a fixed or regular

residence, including the status of living on the streets or in a homeless shelter or similar temporary

residence.

     (18) The term "lawful source of income" means and includes any income, benefit, or

subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any

other federal, state, or local public assistance program, including, but not limited to, medical or

veterans assistance; any federal, state, or local rental assistance or housing subsidy program,

including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any

requirement associated with such public assistance, rental assistance, or housing subsidy program.

 

(124 and 125)

   (15) The term "sexual orientation" means having, or being perceived as having, an

orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to

describe the status of persons and does not render lawful any conduct prohibited by the criminal

laws of this state nor impose any duty on a religious organization. This definition does not confer

legislative approval of said status, but is intended to ensure the basic human rights of persons to

hold and convey property and to give and obtain credit, regardless of such status.

 

 

 

 

523)

Section

Amended Chapter Numbers:

 

34-37-4

(3 and 4) and (211 and 322)

 

 

34-37-4. Unlawful housing practices.

     (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as

defined in § 34-37-3(10), or an agent of any of these, shall, directly or indirectly, make, or cause to

be made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,

gender identity or expression, marital status, lawful source of income, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, servicemember

in the armed forces, country of ancestral origin or disability, age, familial status nor make any

written or oral inquiry concerning whether a tenant or applicant or a member of the household is,

or has been, or is threatened with being the victim of domestic abuse, or whether a tenant or

applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining

order for protection from domestic abuse, of any prospective purchaser, occupant, or tenant of the

housing accommodation; directly or indirectly, refuse to sell, rent, lease, let, or otherwise deny to

or withhold from any individual the housing accommodation because of the race, color, religion,

sex, sexual orientation, gender identity or expression, marital status, lawful source of income,

military status as a veteran with an honorable discharge or an honorable or general administrative

discharge, servicemember in the armed forces, country of ancestral origin, disability, age, or

familial status of the individual or the race, color, religion, sex, sexual orientation, gender identity

or expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin or disability, age, or familial status of any person with whom the

individual is or may wish to be associated; or shall, or on the basis that a tenant or applicant, or a

member of the household, is or has been, or is threatened with being, the victim of domestic abuse,

or that the tenant or applicant has obtained, or sought, or is seeking, relief from any court in the

form of a restraining order for protection from domestic abuse. Nor shall an owner having the right

to sell, rent, lease, or manage a housing accommodation as defined in § 34-37-3(10), or an agent of

any of these, directly or indirectly, issue any advertisement relating to the sale, rental, or lease of

the housing accommodation that indicates any preference, limitation, specification, or

discrimination based upon race, color, religion, sex, sexual orientation, gender identity or

expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant

or a member of the household is, or has been, or is threatened with being the victim of domestic

abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in

the form of a restraining order for protection from domestic abuse, or shall, directly or indirectly,

discriminate against any individual because of his or her race, color, religion, sex, sexual

orientation, gender identity or expression, marital status, lawful source of income, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or

on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened

with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or

is seeking relief from any court in the form of a restraining order for protection from domestic

abuse, in the terms, conditions, or privileges of the sale, rental, or lease of any housing

accommodation or in the furnishing of facilities or services in connection with it. Nothing in this

subsection shall be construed to prohibit any oral or written inquiry as to whether the prospective

purchaser or tenant is over the age of eighteen (18).

     Nothing in this section shall be construed to prohibit any oral or written inquiry as to

whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the

source, amount, and expected duration of the lawful source of income of the prospective purchaser

or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory

standards and preferences or terms, conditions, limitations, or specifications permitted under

subsection (c) of this section.

     (b) No person to whom application is made for a loan or other form of financial assistance

for the acquisition, construction, rehabilitation, repair, or maintenance of any housing

accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be

made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking

relief from any court in the form of a restraining order for protection from domestic abuse, of any

individual seeking the financial assistance, or of existing or prospective occupants or tenants of the

housing accommodation; nor shall any person to whom the application is made in the manner

provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the

obtaining or use of any financial assistance against any applicant because of the race, color, religion,

sex, sexual orientation, gender identity or expression, marital status, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, servicemember

in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief

from any court in the form of a restraining order for protection from domestic abuse, of the applicant

or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed

to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).

     (c) Nothing contained in this section contained shall be construed in any manner to

prohibit or limit the exercise of the privilege of every person and the agent of any person having

the right to sell, rent, lease, or manage a housing accommodation to establish standards and

preferences and set terms, conditions, limitations, or specifications in the selling, renting, leasing,

or letting thereof or in the furnishing of facilities or services in connection therewith that do not

discriminate on the basis of the race, color, religion, sex, sexual orientation, gender identity or

expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant

or a member of the household is, or has been, or is threatened with being the victim of domestic

abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in

the form of a restraining order for protection from domestic abuse, of any prospective purchaser,

lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, lawful source of income, military status as a veteran with an

honorable discharge or an honorable or general administrative discharge, servicemember in the

armed forces, country of ancestral origin, disability, age, or familial status of any person with whom

the prospective purchaser, lessee, tenant, or occupant is or may wish to be associated. Nothing

contained in this section shall be construed in any manner to prohibit or limit the exercise of the

privilege of every person and the agent of any person making loans for, or offering financial

assistance in, the acquisition, construction, rehabilitation, repair, or maintenance of housing

accommodations to set standards and preferences, terms, conditions, limitations, or specifications

for the granting of loans or financial assistance that do not discriminate on the basis of the race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or

on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened

with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or

is seeking relief from any court in the form of a restraining order for protection from domestic

abuse, of the applicant for the loan or financial assistance or of any existing or prospective owner,

lessee, tenant, or occupant of the housing accommodation. If a landlord requires that a prospective

or current tenant have a certain minimum level of income, the standard for assessing eligibility

shall be based only on the portion of the rent to be paid by the tenant, taking into account the value

of any federal, state, or local rental assistance or housing subsidy.

     (d) An owner may not refuse to allow a person with a disability to make, at his or her

expense, reasonable modifications of existing premises occupied or to be occupied by the person if

the modifications may be necessary to afford the person full enjoyment of the premises, except that,

in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a

modification on the renter agreeing to restore the interior of the premises to the condition that

existed before the modification, reasonable wear and tear excepted. Where it is necessary in order

to ensure with reasonable certainty that funds will be available to pay for the restorations at the end

of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring

that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable

amount of money not to exceed the cost of the restorations. The interest in the account shall accrue

to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will

be subject to § 34-18-19(b) -- through (f) inclusive.

     (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies,

practices, or services when those accommodations may be necessary to afford an occupant with a

disability equal opportunity to use and enjoy a dwelling.

     (2) Every person with a disability who has a guide dog or other personal assistive animal,

or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal

access to all housing accommodations provided for in this section and shall not be required to pay

extra compensation for the guide dog or other personal assistive animal but shall be liable for any

damage done to the premises by a guide dog or other personal assistive animal. For the purposes

of this subsection, a "personal assistive animal" is an animal specifically trained by a certified

animal training program to assist a person with a disability to perform independent living tasks.

     (f) Any housing accommodation of four (4) units or more constructed for first occupancy

after March 13, 1991, shall be designed and constructed in such a manner that:

     (1) The public use and common use portions of the dwellings are readily accessible to and

usable by persons with disabilities;

     (2) All the doors designed to allow passage into and within all premises within the

dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;

     (3) All premises within the dwellings contain the following features of adaptive design:

     (i) Accessible route into and through the dwelling;

     (ii) Light switches, electrical outlets, thermostats, and other environmental controls in

accessible locations;

     (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

     (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver

about the space. To the extent that any state or local building codes, statutes, or ordinances are

inconsistent with this section, they are hereby repealed. The state building code standards

committee is hereby directed to adopt rules and regulations consistent with this section as soon as

possible, but no later than September 30, 1990.

     (g) Compliance with the appropriate requirements of the state building code 14

"accessibility for individuals with disabilities for residential use groups" suffices to satisfy the

requirements of subsection (f).

     (h) As used in subsection (f), the term "housing accommodation of four (4) units or more"

means:

     (1) Buildings consisting of four (4) or more units if those buildings have one or more

elevators; and

     (2) Ground floor units in other buildings consisting of four (4) or more units;.

     (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that

requires a greater degree of accessibility to persons with disabilities.

     (j) Nothing in this section requires that a dwelling be made available to an individual whose

tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy

would result in substantial physical damage to the property of others.

     (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,

sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent,

lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the

person selected.

     (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this

section to be an unlawful housing practice; or obstruct or prevent any person from complying with

the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to

commit any act declared by this section to be an unlawful housing practice.

     (m) No owner; person defined in § 34-37-3(13); person to whom application is made for a

loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or

maintenance of any housing accommodation, whether secured or unsecured; no financial

organization governed by the provisions of title 19 or any other credit-granting commercial

institution; or respondent under this chapter; or any agent of these shall discriminate in any manner

against any individual because he or she has opposed any practice forbidden by this chapter, or

because he or she has made a charge, testified, or assisted in any manner in any investigation,

proceeding, or hearing under this chapter.

     (n) Nothing in this section shall prevent a landlord from proceeding with eviction action

against a tenant who fails to comply with § 34-18-24(7).

 

(211 and 322)

     (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as

defined in § 34-37-3(10), or an agent of any of these, shall, directly or indirectly, make, or cause to

be made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,

gender identity or expression, marital status, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, or disability, age, familial status nor make any written or oral inquiry

concerning whether a tenant or applicant or a member of the household is, or has been, or is

threatened with being the victim of domestic abuse, or whether a tenant or applicant has obtained,

or sought, or is seeking relief from any court in the form of a restraining order for protection from

domestic abuse, of any prospective purchaser, occupant, or tenant of the housing accommodation;

directly or indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any

individual the housing accommodation because of the race, color, religion, sex, sexual orientation,

gender identity or expression, marital status, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, disability, age, or familial status of the individual or the race, color,

religion, sex, sexual orientation, gender identity or expression, marital status, military status as a

veteran with an honorable discharge or an honorable or general administrative discharge,

servicemember in the armed forces, country of ancestral origin or disability, age, or familial status

of any person with whom the individual is or may wish to be associated; or shall, or on the basis

that a tenant or applicant, or a member of the household, is or has been, or is threatened with being,

the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking,

relief from any court in the form of a restraining order for protection from domestic abuse. Nor

shall an owner having the right to sell, rent, lease, or manage a housing accommodation as defined

in § 34-37-3(10), or an agent of any of these, directly or indirectly, issue any advertisement relating

to the sale, rental, or lease of the housing accommodation that indicates any preference, limitation,

specification, or discrimination based upon race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member

of the household is, or has been, or is threatened with being the victim of domestic abuse, or that

the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

restraining order for protection from domestic abuse, or shall, directly or indirectly, discriminate

against any individual because of his or her race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member

of the household is, or has been, or is threatened with being the victim of domestic abuse, or that

the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

restraining order for protection from domestic abuse, in the terms, conditions, or privileges of the

sale, rental, or lease of any housing accommodation or in the furnishing of facilities or services in

connection with it. Nor shall an owner having the right to sell, rent, lease, or manage a housing

accommodation as defined in § 34-37-3(10), or an agent of any of these, directly or indirectly,

misrepresent the availability of a housing accommodation or delay the processing of applications

relating to the sale, rental, or lease of the housing accommodation based upon an individual's race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source

of income, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, familial status, or on the basis that a tenant or applicant or a member of the household is, or

has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant

has obtained, or sought, or is seeking relief from any court in the form of a restraining order for

protection from domestic abuse. Nothing in this subsection shall be construed to prohibit any oral

or written inquiry as to whether the prospective purchaser or tenant is over the age of eighteen (18).

     (b) No person to whom application is made for a loan or other form of financial assistance

for the acquisition, construction, rehabilitation, repair, or maintenance of any housing

accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be

made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking

relief from any court in the form of a restraining order for protection from domestic abuse, of any

individual seeking the financial assistance, or of existing or prospective occupants or tenants of the

housing accommodation; nor shall any person to whom the application is made in the manner

provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the

obtaining or use of any financial assistance against any applicant because of the race, color, religion,

sex, sexual orientation, gender identity or expression, marital status, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, servicemember

in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief

from any court in the form of a restraining order for protection from domestic abuse, of the applicant

or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed

to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).

     (c) Nothing in this section contained shall be construed in any manner to prohibit or limit

the exercise of the privilege of every person and the agent of any person having the right to sell,

rent, lease, or manage a housing accommodation to establish standards and preferences and set

terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or

in the furnishing of facilities or services in connection therewith that do not discriminate on the

basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital

status, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, familial status, or on the basis that a tenant or applicant or a member of the household is, or

has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant

has obtained, or sought, or is seeking relief from any court in the form of a restraining order for

protection from domestic abuse, of any prospective purchaser, lessee, tenant, or occupant thereof

or on the race, color, religion, sex, sexual orientation, gender identity or expression, marital status,

military status as a veteran with an honorable discharge or an honorable or general administrative

discharge, servicemember in the armed forces, country of ancestral origin, disability, age, or

familial status of any person with whom the prospective purchaser, lessee, tenant, or occupant is or

may wish to be associated. Nothing contained in this section shall be construed in any manner to

prohibit or limit the exercise of the privilege of every person and the agent of any person making

loans for, or offering financial assistance in, the acquisition, construction, rehabilitation, repair, or

maintenance of housing accommodations to set standards and preferences, terms, conditions,

limitations, or specifications for the granting of loans or financial assistance that do not discriminate

on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression,

marital status, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, familial status, or on the basis that a tenant or applicant or a member of the household is, or

has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant

has obtained, or sought, or is seeking relief from any court in the form of a restraining order for

protection from domestic abuse, of the applicant for the loan or financial assistance or of any

existing or prospective owner, lessee, tenant, or occupant of the housing accommodation.

     (d) An owner may not refuse to allow a person with a disability to make, at his or her

expense, reasonable modifications of existing premises occupied or to be occupied by the person if

the modifications may be necessary to afford the person full enjoyment of the premises, except that,

in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a

modification on the renter agreeing to restore the interior of the premises to the condition that

existed before the modification, reasonable wear and tear excepted. Where it is necessary in order

to ensure with reasonable certainty that funds will be available to pay for the restorations at the end

of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring

that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable

amount of money not to exceed the cost of the restorations. The interest in the account shall accrue

to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will

be subject to § 34-18-19(b) -- (f).

     (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies,

practices, or services when those accommodations may be necessary to afford an occupant with a

disability equal opportunity to use and enjoy a dwelling.

     (2) Every person with a disability who has a guide dog or other personal assistive animal,

or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal

access to all housing accommodations provided for in this section and shall not be required to pay

extra compensation for the guide dog or other personal assistive animal but shall be liable for any

damage done to the premises by a guide dog or other personal assistive animal. For the purposes

of this subsection, a "personal assistive animal" is an animal specifically trained by a certified

animal training program to assist a person with a disability to perform independent living tasks.

     (f) Any housing accommodation of four (4) units or more constructed for first occupancy

after March 13, 1991, shall be designed and constructed in such a manner that:

     (1) The public use and common use portions of the dwellings are readily accessible to and

usable by persons with disabilities;

     (2) All the doors designed to allow passage into and within all premises within the

dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;

     (3) All premises within the dwellings contain the following features of adaptive design:

     (i) Accessible route into and through the dwelling;

     (ii) Light switches, electrical outlets, thermostats, and other environmental controls in

accessible locations;

     (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

     (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver

about the space. To the extent that any state or local building codes, statutes, or ordinances are

inconsistent with this section, they are hereby repealed. The state building code standards

committee is hereby directed to adopt rules and regulations consistent with this section as soon as

possible, but no later than September 30, 1990.

     (g) Compliance with the appropriate requirements of the state building code 14

"accessibility for individuals with disabilities for residential use groups" suffices to satisfy the

requirements of subsection (f).

     (h) As used in subsection (f), the term "housing accommodation of four (4) units or more"

means:

     (1) Buildings consisting of four (4) or more units if those buildings have one or more

elevators; and

     (2) Ground floor units in other buildings consisting of four (4) or more units;

     (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that

requires a greater degree of accessibility to persons with disabilities.

     (j) Nothing in this section requires that a dwelling be made available to an individual whose

tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy

would result in substantial physical damage to the property of others.

     (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,

sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent,

lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the

person selected.

     (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this

section to be an unlawful housing practice; or obstruct or prevent any person from complying with

the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to

commit any act declared by this section to be an unlawful housing practice.

     (m) No owner; person defined in § 34-37-3(13); person to whom application is made for a

loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or

maintenance of any housing accommodation, whether secured or unsecured; no financial

organization governed by the provisions of title 19 or any other credit-granting commercial

institution; or respondent under this chapter; or any agent of these shall discriminate in any manner

against any individual because he or she has opposed any practice forbidden by this chapter, or

because he or she has made a charge, testified, or assisted in any manner in any investigation,

proceeding, or hearing under this chapter.

     (n) Nothing in this section shall prevent a landlord from proceeding with eviction action

against a tenant who fails to comply with § 34-18-24(7).

 

 

 

 

524)

Section

Repealed Chapter Numbers:

 

34-37-4.4

124 and 125

 

 

34-37-4.4. [Repealed]

 

 

 

 

525)

Section

Repealed Chapter Numbers:

 

34-37-4.5

124 and 125

 

 

34-37-4.5. [Repealed]

 

 

 

 

526)

Section

Added Chapter Numbers:

 

34-37-4.6

3 and 4

 

 

34-37-4.6. Discrimination based on lawful source of income - Exemption.

     Nothing in this chapter shall prohibit an owner of a housing accommodation from refusing

to rent to a person based on their lawful source of income if the housing accommodation is three

(3) units or less, one of which is occupied by the owner.

 

 

 

 

527)

Section

Amended Chapter Numbers:

 

34-37-5

124 and 125

 

 

34-37-5. Prevention of unlawful housing practices.

     (a) The commission is empowered and directed to prevent any person from violating any

of the provisions of this chapter, provided that before instituting a formal proceeding, it shall

attempt by informal methods of conference, persuasion, and conciliation to induce compliance with

this chapter.

     (b) Upon the commission's own initiative or whenever an aggrieved individual or an

organization chartered for the purpose of or engaged in combating discrimination or racism or of

safeguarding civil liberties, that organization acting on behalf of one or more individuals being

hereinafter referred to as the complainant, makes a charge, in writing, under oath, to the commission

that any person, agency, bureau, corporation, or association, hereinafter referred to as the

respondent, has violated or is violating, to the best of complainant's knowledge and belief, any of

the provisions of this chapter, and that the alleged discriminatory housing practice has occurred or

terminated within one year of the date of filing, the commission may initiate a preliminary

investigation and if it shall determine after the investigation that it is probable that unlawful housing

practices have been or are being engaged in, it shall endeavor to eliminate the unlawful housing

practices by informal methods of conference, conciliation, and persuasion. Nothing said or done

during these endeavors may be used as evidence in any subsequent proceeding. If after the

investigation and conference, the commission is satisfied that any unlawful housing practice of the

respondent will be eliminated, it may, with the consent of the complainant, treat the charge as

conciliated, and entry of that disposition shall be made on the records of the commission. If the

commission fails to effect the elimination of the unlawful housing practices and to obtain voluntary

compliance with this chapter, or, if the circumstances warrant, in advance of any preliminary

investigation or endeavors, the commission shall have the power to issue and cause to be served

upon any person or respondent a complaint stating the charges in that respect and containing a

notice of hearing before the commission, a member thereof, or a hearing examiner at a place therein

fixed to be held not less than ten (10) days after the service of the complaint.

     (c) The commission, member thereof, or hearing examiner conducting the hearing shall

have the power reasonably and fairly to amend any written complaint at any time prior to the

issuance of an order based thereon. The respondents respondent shall have like power to amend

its answer to the original or amended complaint at any time prior to the issuance of the order. The

commissioner assigned to the preliminary hearing of any charge shall take no part in the final

hearing except as a witness upon competent matters and will have no part in the determination or

decision of the case after hearing.

     (d) The respondent shall have the right to file an answer to the complaint and shall appear

at the hearing in person or otherwise with or without counsel to present evidence and to examine

and cross-examine witnesses.

     (e) In any proceeding, the commission, its member, or its agent shall not be bound by the

rules of evidence prevailing in the courts.

     (f) The commission shall in ascertaining the practices followed by the respondent take into

account all evidence, statistical or otherwise, which that may tend to prove the existence of a

predetermined pattern of discrimination in housing.

     (g) The testimony taken at the hearing shall be under oath and shall be reduced to writing

and filed with the commission. Thereafter, in its discretion, the commission upon notice may take

further testimony or hear argument.

     (h)(1) If upon all the testimony taken the commission shall determine that the respondent

has engaged in or is engaging in unlawful housing practices, the commission shall state its findings

of fact and shall issue and cause to be served on the respondent an order requiring the respondent

to cease and desist from the unlawful housing practices, and to take such further affirmative or

other action as will effectuate the purposes of this chapter.

     (2) The commission may also order the respondent to pay the complainant damages

sustained thereby; costs, including reasonable attorney's fees incurred at any time in connection

with the commission of the unlawful act, and civil penalties, any amounts awarded to be deposited

in the state treasury. The civil penalty shall be (i) an An amount not exceeding ten thousand dollars

($10,000) if the respondent has not been adjudged to have committed any prior discriminatory

housing practice; (ii) in In an amount not exceeding twenty-five thousand dollars ($25,000) if the

respondent has been adjudged to have committed one other discriminatory housing practice during

the five (5) year period ending on the date of filing this charge; and (iii) in In an amount not

exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed

two (2) or more discriminatory housing practices during the seven-(7) year (7) period ending on

the date of the filing of this charge; except that if the acts constituting the discriminatory housing

practice that is the object of the charge are committed by the same natural person who has been

previously adjudged to have committed acts constituting a discriminatory housing practice, then

the civil penalties set forth in (ii) and (iii) may be imposed without regard to the period of time

within which any subsequent discriminatory housing practice occurred. When determining the

amount of civil penalties, the commission shall consider as a mitigating factor whether the

respondent has acted in good faith and whether the respondent has actively engaged in regular

antidiscrimination educational programs. Provided that no order shall affect any contract, sale,

encumbrance, or lease consummated before the issuance of the order and involving a bona fide

purchaser, encumbrancer, or tenant without actual notice of the charge filed under this title.

     (i) If the commission shall find that no probable cause exists for crediting the charges, or,

if upon all the evidence, it shall find that a respondent has not engaged in unfair housing practices,

the commission shall state its findings of fact and shall issue and cause to be served on the

complainant an order dismissing the complaint as to the respondent. A copy of the order shall be

delivered in all cases to the attorney general and such other public officers as the commission deems

proper.

     (j) Until a transcript of the record in a case shall be filed in a court as provided in subsection

(m), the commission may at any time, upon reasonable notice, and in such manner as it shall deem

proper, modify or set aside, in whole or in part, any of its findings or orders.

     (k) Until such time as a hearing is convened pursuant to this section, no publicity shall be

given to any proceedings before the commission, either by the commission or any employee

thereof, the complainant, or the respondent, except that in the event of a conciliation agreement the

agreement shall be made public unless the complainant and respondent otherwise agree and the

commission determines that disclosure is not required to further the purposes of this chapter. After

the complaint issues and before an order issues, the commission shall not initiate any public notice

of any charge or complaint before the commission, however, the commission may respond to

inquiries about the status of a complaint.

     (l) A complainant may seek a right to sue in state court if not less than one hundred and

twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge,

if the commission has been unable to secure a settlement agreement or conciliation agreement and

if the commission has not commenced hearing on a complaint. The commission shall grant the right

to sue within thirty (30) days after receipt of the request. This shall terminate all proceedings before

the commission and shall give to the complainant the right to commence suit in the superior court

within any county as provided in § 28-5-28 within ninety (90) days after the granting of the request.

Any party may claim a trial by jury. The superior court may make orders consistent with subsection

(h) and may also award punitive damages and such other damages as the court deems just and

proper.

     (m)(1) The commission is further empowered to file a complaint in the superior court in

any county in which the unlawful housing practice allegedly occurs, or has occurred, or in which a

defendant resides or maintains a business office, or in Providence County, seeking injunctive relief,

including a temporary restraining order, against the defendant.

     (2) No preliminary injunction shall be effective for more than thirty (30) days; provided

that, if the defendant has sought judicial review of an order of the commission issued pursuant to

this section, or if the commission has sought a decree of the court for the enforcement of the order,

the preliminary injunction shall remain in full force and effect until such time as the judicial review

or the commission's petition for the decree of enforcement is finally heard and determined.

     (3) In any proceeding under this subsection, the commission may, if the prayer of the

original or amended complaint so requests, proceed at the proper time to obtain the relief provided

in § 34-37-6.

     (4) The application by the commission for injunctive relief shall not prevent the

commission from continuing to prosecute the proceeding before it out of which the application

arises.

     (5) Whenever a complaint shall be filed under the provisions of this subsection, the state

shall be liable, in an action brought against it, for the payment of such costs and damages as may

have been incurred or suffered by the defendant should final judgment be entered upon the

complaint in favor of the defendant, or should the commission, having been denied temporary relief

after the entry of a restraining order, fail to prosecute the matter further, or should the commission,

having been granted temporary relief, fail to prosecute the matter further, unless, in the latter two

(2) instances, failure to prosecute is caused by the making of an agreed settlement of any kind with

the defendant, including a conciliation agreement.

     (6) All proceedings taken pursuant to the provisions of this section shall take precedence

over all other civil matters then pending before the court.

     (n) When a complaint issues after a finding of probable cause under subsection (b), any

party may elect to have the claims asserted in that complaint decided in a civil action in lieu of a

hearing under subsections (b) -- (k). The election must be made not later than twenty (20) days after

the receipt by the electing person of service of the complaint under subsection (b). The person

making the election shall give notice of doing so to the commission, the attorney general, and to all

other complainants and respondents to whom the charge relates. The complainant or the respondent

may elect, within twenty (20) days after receipt of a finding of probable cause, to terminate by

written notice to the commission all proceedings before the commission and have the case heard in

the superior court. In the event of an election to terminate the proceedings, the commission shall

issue a right to sue notice to the complainant with a copy of the notice sent to all parties.

     (1) The complainant shall have the right to commence suit in the superior court within any

county as provided in § 28-5-28 within ninety (90) days of the date of the right to sue notice. Either

party may claim a trial by jury in the superior court.

     (2) Notwithstanding the termination of proceedings before the commission upon the

granting of the right to sue notice, the parties may agree to have the commission seek to conciliate

or mediate settlement of the case within the ninety-(90) day (90) period in which the complainant

has the right to commence suit in superior court.

     (o) If an election is made under subsection (n):

     (1) The complainant, the commission, or the attorney general may commence a civil action

on behalf of the aggrieved person in the superior court within any county as provided in § 28-5-28

within ninety (90) days after receipt of notice of an election of the date of the right to sue notice

under subsection (n);

     (2) Any party may claim a trial by jury. Any aggrieved person with respect to the issues to

be determined in a civil action under this subsection may intervene as of right in that civil action;

     (3) The superior court may make orders consistent with subsection (h) and may also award

punitive damages and such damages as the court deems just and proper; provided, that the court

shall not enter a consent order, dismissal stipulation, or judgment settling claims of discrimination

in an action or proceeding under this chapter, unless the parties and their counsel attest that a waiver

of all or substantially all attorneys' fees was not compelled as a condition of the settlement.

 

 

 

 

528)

Section

Amended Chapter Numbers:

 

34-37-5.3

3 and 4

 

 

34-37-5.3. Fostering of segregated housing prohibited.

     It shall be an unlawful discriminatory housing practice to for profit induce, or attempt to

induce, any person to sell or rent any dwelling by representations regarding the entry or prospective

entry into the neighborhood of a person or persons of a particular race, color, religion, marital

status, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, sex, sexual orientation, gender identity or expression, age, disability, or familial

status.

 

 

 

 

529)

Section

Amended Chapter Numbers:

 

34-46-2

102 and 103

 

 

34-46-2. Definitions.

     As used in this chapter, the following words shall have the following meanings unless the

context clearly indicates otherwise:

     (1) "Default" means the failure to pay obligations incurred by the storage of a vessel and

associated charges.

     (2) "Dry dock" means any space and/or real property designed and/or used for the purpose

of renting or leasing storage space for vessels.

     (3) "Facility" means a marina, boatyard, or marine repair facility that provides, as part of

its commercial operation, the storage of vessels.

     (4) "Last known address" means that address provided by the owner in the latest rental

storage agreement or the address provided by the owner in a subsequent notice of a change of

address.

     (5) "Lien holder" means a person holding a security interest.

     (6) "Operator" means the proprietor, operator, lessor, or sublessor of a dry dock facility,

his or her agent, or any other person authorized by him or her to manage the facility or to receive

rent from the owner under a rental agreement.

     (7) "Owner" means a person, other than a lienholder, having a property interest in or title

to a vessel. The term includes a person entitled to use or have possession of a vessel subject to an

interest in another person, reserved, or created by agreement and securing payment or performance

of an obligation, but it does not include a lessee under a lease not intended as security.

     (8) "Personal property" means movable property not affixed to land and includes, but is

not limited to equipment, goods, furniture, and household items whether affixed to the vessel or

not.

     (9) "Rental Storage agreement" means any written agreement or lease that establishes or

modifies the terms, conditions, rules, or any other provisions concerning the storage of a vessel in

a dry dock facility.

     (10) "Vessel" means every description of watercraft used or capable of being used as a

means of transportation on water and any personal property located thereon and shall include its

appurtenances.

 

 

 

 

530)

Section

Amended Chapter Numbers:

 

34-46-4

102 and 103

 

 

34-46-4. Notice of lien.

     (a) A vessel owner must be notified of the lien created by this chapter before enforcement

of the lien by a facility operator. Notification of the lien created by this chapter is satisfied by:

     (1) Written storage agreement. A written storage agreement signed by the vessel owner

that includes a notice of the lien created by this chapter the following language in bold, capitalized

font: "BEWARE -- THE VESSEL AND ITS CONTENTS MAY BE SOLD AT PUBLIC

AUCTION FOR FAILURE TO PAY STORAGE CHARGES PURSUANT TO THE DRY DOCK

FACILITIES ACT, CHAPTER 46 OF TITLE 34."; or

     (2) Written notice of lien. Written notification of the lien sent by the facility operator to the

last known address of the vessel owner and, where applicable, to the last known address of the

person or entity the facility operator has on record as being responsible for the vessel, if different

from the vessel's registered owner to the vessel owner.

     (b) A facility operator who does not have a written storage agreement that includes a notice

of the lien created by this chapter may not initiate an enforcement action under § 34-46-5 until

thirty (30) days after the written notice of a lien required by subdivision (a)(2) is delivered to the

vessel owner delivery of written notice of the lien pursuant to this chapter.

 

 

 

 

 

 

531)

Section

Amended Chapter Numbers:

 

34-46-5

102 and 103

 

 

34-46-5. Enforcement of lien.

     A facility operator may enforce a lien created by this chapter only if the vessel owner has

been notified of the lien as required by § 34-46-4 notice requirement set forth in § 34-46-4 is

satisfied.

     (1) Sale -- Use of proceeds.

     (i) If a vessel owner is in default for a period of more than ninety (90) days, a facility

operator may enforce a lien by selling the stored vessel at a commercially reasonable public sale

for cash. As used in this section, "commercially reasonable" shall have the same meaning as in the

Uniform Commercial Code. The proceeds of the sale shall be applied in the following order:

     (A) To the reasonable expenses of the sale incurred by the facility operator including, but

not limited to, reasonable attorneys' fees, legal expenses, and expenses of advertisement;

     (B) To the satisfaction of the lien created by this chapter;

     (C) To the satisfaction of all other liens on the vessel held by all lienholders of record to

be paid in the order of priority; and

     (D) To the extent that the proceeds of sale exceed the sum of the foregoing, the surplus

must be paid by the facility operator to the vessel owner. Where the surplus is not collected within

thirty (30) days of the sale, the facility operator shall provide the funds to the general treasurer as

unclaimed property.

     (ii) If proceeds of the sale are not sufficient to satisfy the vessel owner's outstanding

obligations to the facility operator or any lienholder of record, the vessel owner remains liable to

the facility operator and/or lienholder for the deficiency.

     (2) Advertisement -- Notice of default. Before conducting a sale under this section, the

facility operator shall:

     (i) Personally serve a notice of default on the vessel owner if the vessel owner is a Rhode

Island resident, and where applicable, . If the vessel owner is not a Rhode Island resident, notice

shall be in accordance with subdivision (7). The facility operator shall provide a copy of the notice

to each lienholder of record. The notice must include: personally serve a notice of default on the

person or entity the facility operator has on record as being responsible for the vessel if different

from the vessel's registered owner, if the person or entity is a Rhode Island resident.

     (A) After a licensed process server makes three (3) attempts at personal service on different

days and at different times of the day at the last known address of the vessel owner and the person

or entity the facility operator has on record as being responsible for the vessel if different than that

of the vessel's registered owner, service will be deemed effectuated by leaving a copy of the notice

of default in the door of the residence and mailing a copy of the notice of default in accordance

with subsection (7) of this section.

     (B) The licensed process server will provide an affidavit detailing the attempts at personal

service including the date, time, and location of each attempt, efforts to find an alternate address

for service, where and when the notice was left, and the mailing of the notice. The notice will be

deemed delivered on the date the notice is left at the residence.

     (ii) In the event that either the vessel owner or the person or entity the facility operator has

on record as being responsible for the vessel if different from the vessel's registered owner are not

Rhode Island resident(s), notice shall be in accordance with subsection (7) of this section. The

facility operator shall provide a copy of the notice to each lienholder of record. In addition, the

facility operator shall affix a copy of the notice of default on the outside of the vessel in a manner

where it can be reasonably seen.

     (iii) The notice of default must include:

     (A) A statement that the vessel is subject to a lien held by the facility operator;

     (B) A statement of the facility operator's claim indicating the charges due on the date of

the notice, the amount of any additional charges that will or may become due before the date of

sale, and the date those additional charges will become due;

     (C) A demand for payment of the charges due within a specified time not less than forty

(40) thirty (30) days after the date the last notice of default required hereunder is delivered to the

vessel owner or the person or entity the facility operator has on record as being reasonable

responsible for the vessel;

     (D) A statement that unless the claim is paid within the time stated the vessel will be sold,

specifying the time and place of the sale; and

     (E) The name, street address, and telephone number of the facility operator, or the facility

operator's designated agent, whom the vessel owner or the person or entity the facility operator has

on record as being responsible for the vessel may contact to respond to the notice;.

     (ii)(iv) After the expiration of the forty (40) thirty-(30) day (30) period set forth in

subdivision (2)(i)(C) subsection (2)(iii)(C) of this section, the facility operator shall publish an

advertisement of the sale once a week for two (2) consecutive weeks in a newspaper of general

circulation in the area where the sale is to be held and of general circulation in the state. The

advertisement must include a general description of the vessel, the name of the vessel owner, and,

if applicable, the person or entity the facility operator has on record as being responsible for the

vessel and the date, time, and place of the sale. The date of the sale must be more than fifteen (15)

days after the date the first advertisement of the sale is published. In addition, the facility operator

shall affix a copy of the advertisement on the outside of the vessel in a manner where it can be

reasonably seen.

     (3) Location of sale. A sale under this chapter must shall be held at the facility or at the

nearest suitable location.

     (4) Purchasers. A purchaser of a vessel sold at a sale pursuant to this chapter takes the

vessel free and clear of any rights of persons against whom the lien was valid and all other

lienholders of record.

     (5) Facility operator liability. If the facility operator complies with the provisions of this

chapter, the facility operator's liability is as follows:

     (i) To a lienholder of record, the facility operator's liability is limited to payment from the

net proceeds received from the sale of the vessel pursuant to § 34-46-5 this section; and

     (ii) To the vessel owner, the facility operator's liability is limited to the net proceeds

received from the sale of the vessel after payment in full of all lienholders of record pursuant to

this section.

     (6) Denying access to storage facility. A facility operator may deny a vessel owner who

has been notified under § 34-46-4 access to the storage facility, except that the vessel owner or

responsible party is entitled to access to the facility during normal business hours for the purpose

of satisfying the lien or viewing and verifying the condition of the vessel.

     (7) Notices. Except as otherwise provided in subdivision subsection (2)(i), all notices

required by this chapter must be sent by registered or certified mail, return receipt requested must

be served by registered or certified mail, return receipt requested, or by a recognized commercial

courier with proof of signed-for delivery. Notices sent to a facility operator must be sent to the

facility operator's business address or to the address of the facility operator's designated

representative. Notices to a vessel owner or the person or entity the facility operator has on record

as being responsible for the vessel must be sent to the vessel owner at the vessel owner's person's

or entity's last known address. Notices to a lienholder of record must be sent to the address of the

lienholder as provided in the public filings that serve to perfect the lienholder's interest in the vessel.

The lienholder's identity and address that the department of environmental management has in its

records shall be provided to the facility operator upon written request and certification that the

request is made solely for the purposes of complying with the provisions of this chapter. Notices

Except as otherwise provided by this chapter, notices are considered delivered on the date the return

receipt or proof of delivery is signed or, if the notice is undeliverable, the date the post office or

commercial courier last attempts to deliver the notice.

 

 

 

 

532)

Section

Amended Chapter Numbers:

 

34-46-6

102 and 103

 

 

34-46-6. Cessation of enforcement actions.

     A facility operator shall cease enforcement actions immediately upon any of the following:

     (1) Payment by owner. The vessel owner pays the facility operator the full amount

necessary to satisfy the lien on the date payment is tendered. At any time before the conclusion of

a sale conducted under this chapter, the vessel owner may redeem the vessel by paying the full

amount necessary to satisfy the lien of the lien on the date payment is tendered;

     (2) Payment by other lienholders. A person other than the facility operator who has a lien

on the vessel pays the facility operator the full amount necessary to satisfy the lien held by the

facility operator. Upon payment by a lienholder of record, the facility operator shall hold the vessel

for the benefit of and at the direction of that lienholder and may not deliver possession of the vessel

to the vessel owner. Unless the facility operator and the lienholder enter into a new storage

agreement, the lienholder shall arrange removal of the vessel from the facility forthwith; or

     (3) Initiation of Civil Action. An owner of a vessel or one claiming ownership rights in the

vessel files in a court of competent jurisdiction and serves on the facility operator, not less than ten

(10) days before the scheduled date of sale, a complaint against the facility operator relating to the

obligations incurred by the storage of the vessel or any claims related to the vessel and in such

complaint objects to the enforcement of the lien and sets forth the legal reasons why the lien should

not be enforced. The enforcement action shall not resume until either the civil action is resolved or

the court enters an order permitting the enforcement action to proceed.

 

 

 

 

533)

Section

Repealed Chapter Numbers:

 

34-46-7

102 and 103

 

 

34-46-7. [Repealed]

 

 

 

 

534)

Section

Amended Chapter Numbers:

 

35-4-27

Article 2, 304, and 305

 

 

35-4-27. Indirect cost recoveries on restricted receipt accounts.

     Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

from non-profit nonprofit charitable organizations; (2) From the assessment of indirect cost-

recovery rates on federal grant funds; or (3) Through transfers from state agencies to the department

of administration for the payment of debt service. These indirect cost recoveries shall be applied to

all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The

following restricted receipt accounts shall not be subject to the provisions of this section:

     Executive Office of Health and Human Services

     Organ Transplant Fund

     HIV Care Grant Drug Rebates

     Health System Transformation Project

     Department of Human Services

     Veterans' home – Restricted account

     Veterans' home – Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran's Cemetery Memorial Fund

     Donations – New Veterans' Home Construction

     Department of Health

     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Healthcare Information Technology

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     De Coppet Estate Fund

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund – Interest revenue

     Department of Public Safety

     E-911 Uniform Emergency Telephone System

     Forfeited property – Retained

     Forfeitures – Federal

     Forfeited property – Gambling

     Donation – Polygraph and Law Enforcement Training

     Rhode Island State Firefighter's League Training Account

     Fire Academy Training Fees Account

     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property – Gambling

     Department of Administration

     OER Reconciliation Funding

     Health Insurance Market Integrity Fund

     RI Health Benefits Exchange

     Information Technology Investment Fund

     Restore and replacement – Insurance coverage

     Convention Center Authority rental payments

     Investment Receipts – TANS

     OPEB System Restricted Receipt Account

     Car Rental Tax/Surcharge-Warwick Share

     Grants Management Administration

     Executive Office of Commerce

     Housing Resources Commission Restricted Account

     Housing Production Fund

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children's Trust Accounts – SSI

     Military Staff

     RI Military Family Relief Fund

     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses – State Retirement System

     Retirement – Treasury Investment Options

     Defined Contribution – Administration - RR

     Violent Crimes Compensation – Refunds

     Treasury Research Fellowship

     Business Regulation

     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee-for-Service Account

     School for the Deaf – School Breakfast and Lunch Program

     Davies Career and Technical School Local Education Aid Account

     Davies – National School Breakfast & Lunch Program

     School Construction Services

     Office of the Postsecondary Commissioner

     Higher Education and Industry Center

     Department of Labor and Training

     Job Development Fund

     Rhode Island Council on the Arts

     Governors' Portrait Donation Fund

 

(304 and 305)

Job Development Fund

Statewide records management system account

 

 

 

535)

Section

Amended Chapter Numbers:

 

37-13-1

292 and 293

 

 

37-13-1. Definitions.

     As used in this chapter:

     (1) "Public works" as used in this chapter shall mean means any public work consisting of

grading, clearing, demolition, improvement, completion, repair, alteration, or construction of any

public road or any bridge, or portion thereof, or any public building, or portion thereof, or any

heavy construction, or any public works projects of any nature or kind whatsoever.

     (2) "School transportation services" means those transportation and related services

provided for the transportation of public and private students pursuant to §§ 16-21-1 and 16-21-8

16-21.1-8.

 

 

 

 

536)

Section

Amended Chapter Numbers:

 

37-13-3.1

292 and 293

 

 

37-13-3.1. State public works contract apprenticeship requirements.

     Notwithstanding any laws to the contrary, all general contractors and subcontractors who

perform work on any public works contract awarded by the state after passage of this act and valued

at one million dollars ($1,000,000) or more shall employ apprentices required for the performance

of the awarded contract. The number of apprentices shall comply with the apprentice-to-

journeyman ratio for each trade approved by the apprenticeship council of the department of labor

and training. To the extent that any of the provisions contained in this section conflict with the

requirements for federal aid contracts, federal law and regulations shall control.

     The provisions of this section shall not apply to contracts for school transportation services.

 

 

537)

Section

Added Chapter Numbers:

 

37-13-3.2

292 and 293

 

 

37-13-3.2. Entities subject to provisions - Weekly payment of employees.

     All persons, firms, corporations, or other entities who or that have been awarded school

transportation service contracts by an awarding agency or authority of the state or of any city, town,

committee, or by any person or persons therein, in which state or municipal funds are used and of

which the contract price shall be in excess of one thousand dollars ($1,000), whether payable at the

time of the signing of the contract or at a later date, and their subcontractors, engaged as part of the

service contract, shall pay their employees at weekly intervals and shall comply with the provisions

set forth in §§ 37-13-6 through 37-13-13.1, 37-13-14.1, and 37-13-16.

 

 

 

 

 

538)

Section

Amended Chapter Numbers:

 

37-13-6

292 and 293

 

 

37-13-6. Ascertainment of prevailing rate of wages and other payments --

Specification of rate in call for bids and in contract.

     Before awarding any contract for public works or school transportation services to be done,

the proper authority shall ascertain from the director of labor and training the general prevailing

rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf

of employees only, to lawful welfare, pension, vacation, apprentice training, and educational funds

(payments to the funds must constitute an ordinary business expense deduction for federal income

tax purposes by contractors) in the city, town, village, or other appropriate political subdivision of

the state in which the work is to be performed, for each craft, mechanic, teamster, laborer, or type

of worker needed to execute the contract for the public works or school transportation services. The

proper authority shall, also, specify in the call for bids for the contract and in the contract itself the

general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf

of employees only, to the welfare, pension, vacation, apprentice training, and education funds

existing in the locality for each craft, mechanic, teamster, laborer, or type of worker needed to

execute the contract or work.

 

 

 

 

 

539)

Section

Amended Chapter Numbers:

 

37-13-7

292 and 293

 

 

37-13-7. Specification in contract of amount and frequency of payment of wages.

     (a) Every call for bids for every contract in excess of one thousand dollars ($1,000), to

which the state of Rhode Island or any political subdivision thereof or any public agency or quasi-

public agency is a party, for the transportation of public and private school pupils pursuant to §§

16-21-1 and 16-21-8 16-21.1-8, or for construction, alteration, and/or repair, including painting and

decorating, of public buildings or public works of the state of Rhode Island or any political

subdivision thereof, or any public agency or quasi-public agency and which that requires or

involves the employment of employees, shall contain a provision stating the minimum wages to be

paid various types of employees which that which shall be based upon the wages that will be

determined by the director of labor and training to be prevailing for the corresponding types of

employees employed on projects of a character similar to the contract work in the city, town,

village, or other appropriate political subdivision of the state of Rhode Island in which the work is

to be performed. Every contract shall contain a stipulation that the contractor or his or her

subcontractor shall pay all the employees employed directly upon the site of the work,

unconditionally and not less often than once a week, and without subsequent deduction or rebate

on any account, the full amounts accrued at time of payment computed at wage rates not less than

those stated in the call for bids, regardless of any contractual relationships which that may be

alleged to exist between the contractor or subcontractor and the employees, and that the scale of

wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the

site of the work; and the further stipulation that there may be withheld from the contractor so much

of the accrued payments as may be considered necessary to pay to the employees employed by the

contractor, or any subcontractor on the work, the difference between the rates of wages required by

the contract to be paid the employees on the work and the rates of wages received by the employees

and not refunded to the contractor, subcontractors, or their agents.

     (b) The terms "wages," "scale of wages," "wage rates," "minimum wages," and "prevailing

wages" shall include:

     (1) The basic hourly rate of pay; and

     (2) The amount of:

     (i) The rate of contribution made by a contractor or subcontractor to a trustee or to a third

person pursuant to a fund, plan, or program; and

     (ii) The rate of costs to the contractor, or subcontractor, vendor, or provider which that

may be reasonably anticipated in providing benefits to employees pursuant to an enforceable

commitment to carry out a financially responsible plan or program which that was communicated

in writing to the employees affected, for medical or hospital care, pensions on retirement or death,

compensation for injuries or illness resulting from occupational activity, or insurance to provide

any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance,

or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other

similar programs, or for other bona fide fringe benefits, but only where the contractor or

subcontractor is not required by other federal, state, or local law to provide any of the benefits;

provided, that the obligation of a contractor or subcontractor to make payment in accordance with

the prevailing wage determinations of the director of labor and training insofar as this chapter of

this title and other acts incorporating this chapter of this title by reference are concerned may be

discharged by the making of payments in cash, by the making of contributions of a type referred to

in subsection (b)(2), or by the assumption of an enforceable commitment to bear the costs of a plan

or program of a type referred to in this subdivision, or any combination thereof, where the aggregate

of any payments, contributions, and costs is not less than the rate of pay described in subsection

(b)(1) plus the amount referred to in subsection (b)(2).

     (c) The term "employees," as used in this section, shall include:

     (1) employees Employees of contractors or subcontractors performing jobs on various

types of public works including mechanics, apprentices, teamsters, chauffeurs, and laborers

engaged in the transportation of gravel or fill to the site of public works, the removal and/or delivery

of gravel or fill or ready-mix concrete, sand, bituminous stone, or asphalt flowable fill from the site

of public works, or the transportation or removal of gravel or fill from one location to another on

the site of public works, and the employment of the employees shall be subject to the provisions of

subsections (a) and (b).; and

     (2) Persons employed by a provider contracted for the purpose of transporting public and

private school pupils pursuant to §§ 16-21-1 and 16-21-8 16-21.1-8 shall be subject to the

provisions of subsections (a) and (b) of this section. For the purposes of this subsection the term

employee includes school bus drivers, aides, and monitors who are directly providing transportation

services,; the term employee does not include mechanics, dispatchers, or other personnel employed

by the vendor whose duties are normally performed at a fixed location.

     (d) The terms "public agency" and "quasi-public agency" shall include, but not be limited

to,: the Rhode Island industrial recreational building authority, the Rhode Island commerce

corporation, the Rhode Island airport corporation, the Rhode Island industrial facilities corporation,

the Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance

corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit

authority, the Rhode Island student loan authority, the water resources board corporate, the Rhode

Island health and education building corporation, the Rhode Island turnpike and bridge authority,

the Narragansett Bay water quality management district commission, the Rhode Island

telecommunications authority, the convention center authority, the council on postsecondary

education, the council on elementary and secondary education, the capital center commission, the

housing resources commission, the Quonset Point-Davisville management corporation, the Rhode

Island children's crusade for higher education, the Rhode Island depositors economic protection

corporation, the Rhode Island lottery commission, the Rhode Island partnership for science and

technology, the Rhode Island public building authority, and the Rhode Island underground storage

tank board.

 

 

 

 

540)

Section

Amended Chapter Numbers:

 

37-13-8

292 and 293

 

 

37-13-8. Investigation and determination of prevailing wages -- Filing of schedule.

     The director of labor and training shall investigate and determine the prevailing wages and

payments made to or on behalf of employees, as set forth in § 37-13-7, paid in the trade or

occupation in the city, town, village, or other appropriate political subdivision of the state and keep

a schedule on file in his or her office of the customary prevailing rate of wages and payments made

to or on behalf of the employees which that shall be open to public inspection. In making a

determination, the director of labor may adopt and use such appropriate and applicable prevailing

wage rate determinations as have been made by the secretary of labor of the United States of

America in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. § 276a [40 U.S.C. § 3141

et seq]; provided, however, that each contractor awarded a public works or school transportation

services contract after July 1, 2007, shall contact the department of labor and training on or before

July first of each year, for the duration of such contract to ascertain the prevailing wage rate of

wages on a hourly basis and the amount of payment or contributions paid or payable on behalf of

each mechanic, laborer, or worker employed upon the work contracted to be done each year and

shall make any necessary adjustments to such prevailing rate of wages and such payment or

contributions paid or payable on behalf of each such employee every July first.

 

 

 

 

 

 

 

 

 

 

 

 

541)

Section

Amended Chapter Numbers:

 

37-13-9

292 and 293

 

 

37-13-9. Statutory provisions included in contracts.

     A copy of §§ 37-13-5, 37-13-6, and 37-13-7 shall be inserted in all contracts for public

works or school transportation services awarded by the state, any city, town, committee, an

authorized agency, or awarding authority thereof, or any person or persons in their behalf in which

state or municipal funds are used if the contract price is in excess of one thousand dollars ($1,000).

 

 

 

542)

Section

Amended Chapter Numbers:

 

37-13-11

292 and 293

 

 

37-13-11. Posting of prevailing wage rates.

     Each contractor or provider awarded a contract for public works or school transportation

services with a contract price in excess of one thousand dollars ($1,000), and each subcontractor

who performs work on those public works, shall post in conspicuous places on the project, where

covered workers are employed, posters which that contain the current, prevailing rate of wages

and the current, prevailing rate of payments to the funds required to be paid for each craft or type

of worker employed to execute the contract as set forth in §§ 37-13-6 and 37-13-7, and the rights

and remedies of any employee described in § 37-13-17 for nonpayment of any wages earned

pursuant to this chapter. Posters shall be furnished to contractors and subcontractors by the director

of labor and training, who shall determine the size and context thereof from time to time, at the

time a contract is awarded. A contractor or subcontractor who fails to comply with the provisions

of this section shall be deemed guilty of a misdemeanor and shall pay to the director of labor and

training one hundred dollars ($100) for each calendar day of noncompliance as determined by him

or her. Contracts set forth in this section shall not be awarded by the state, any city, town, or any

agency thereof until the director of labor and training has prepared and delivered the posters to the

division of purchases, if the state or any agency thereof is the proper authority, or to the city, town,

or an agency thereof, if it is the proper authority, and the contractor to whom the contract is to be

awarded.

 

 

 

543)

Section

Amended Chapter Numbers:

 

37-13-12

292 and 293

 

 

37-13-12. Wage records of contractors and vendors.

     Each contractor, vendor, or provider awarded a contract with a contract price in excess of

one thousand dollars ($1,000) for public works or school transportation services, and each

subcontractor who performs work on those public works, shall keep an accurate record showing

the name, occupation, and actual wages paid to each worker employed by him or her and the

payments to all the employee funds specified in §§ 37-13-6 and 37-13-7 by him or her in connection

with the contract or work. The director and his or her authorized representatives shall have the right

to enter any place of employment at all reasonable hours for the purpose of inspecting the wage

records and seeing that all provisions of this chapter are complied with.

 

 

 

 

544)

Section

Amended Chapter Numbers:

 

37-13-13

(188 and 189) and (292 and 293)

 

 

37-13-13. Furnishing payroll record to the awarding authority.

     (a) Every contractor and subcontractor awarded a contract for public works as defined by

this chapter shall furnish a certified copy of his, or her, or its payroll records of his, or her, or its

employees employed on the project to the awarding authority on a monthly basis for all work

completed in the preceding month on a uniform form prescribed by the director of labor and

training. Notwithstanding the foregoing, certified payrolls for department of transportation or other

road, highway, or bridge public works may be submitted on the federal payroll form, provided that,

when a complaint is being investigated, the director or his or her designee may require that a

contractor resubmit the certified payroll on the uniform department form or provide actual payroll

records.

     (b) Awarding authorities, contractors and subcontractors shall provide any and all payroll

records to the director of labor and training within ten (10) days of their request by the director or

his or her designee.

     (c) In addition, every contractor and subcontractor shall maintain on the site where public

works are being constructed and the general or primary contract is one million dollars ($1,000,000)

or more, a daily log of employees employed each day on the public works project. The log shall

include, at a minimum, for each employee his or her name, primary job title, and employer and

shall be kept on a uniform form prescribed by the director of labor and training. Such The log shall

be available for inspection on the site at all times by the awarding authority and/or the director of

the department of labor and training and his or her the director’s designee. This subsection shall

not apply to road, highway, or bridge public works projects.

     (d) The director of labor and training may promulgate reasonable rules and regulations to

enforce the provisions of this section.

     (e) The awarding authority of any public works project shall withhold the next scheduled

payment to any contractor or subcontractor who or that fails to comply with the provisions of

subsections subsection (a) or (b) above and shall also notify the director of labor and training. The

awarding authority shall withhold any further payments until such time as the contractor or

subcontractor has fully complied. If it is a subcontractor who or that has failed to comply, the

amount withheld shall be proportionate to the amount attributed or due to the offending

subcontractor as determined by the awarding authority. The department may also impose a penalty

of up to five hundred dollars ($500) for each calendar day of noncompliance with this section, as

determined by the director of labor and training. Mere errors and/or omissions in the daily logs

maintained under subsection (c) shall not be grounds for imposing a penalty under this subsection.

 

(292 and 293)

     (a) Every contractor and, subcontractor, vendor, or provider awarded a contract for public

works or school transportation services as defined by this chapter shall furnish a certified copy of

his or her payroll records of his or her employees employed on the project to the awarding authority

on a monthly basis for all work completed in the preceding month on a uniform form prescribed by

the director of labor and training. Notwithstanding the foregoing, certified payrolls for department

of transportation public works may be submitted on the federal payroll form, provided that, when

a complaint is being investigated, the director or his or her designee may require that a contractor

resubmit the certified payroll on the uniform department form.

     (b) Awarding authorities, contractors, and subcontractors, vendors, and providers shall

provide any and all payroll records to the director of labor and training within ten (10) days of their

request by the director or his or her designee.

     (c) In addition, every contractor and subcontractor shall maintain on the site where public

works are being constructed and the general or primary contract is one million dollars ($1,000,000)

or more, a daily log of employees employed each day on the public works project. The log shall

include, at a minimum, for each employee his or her name, primary job title, and employer and

shall be kept on a uniform form prescribed by the director of labor and training. Such The log shall

be available for inspection on the site at all times by the awarding authority and/or the director of

the department of labor and training and his or her designee. This subsection shall not apply to

road, highway, or bridge public works projects.

     (d) The director of labor and training may promulgate reasonable rules and regulations to

enforce the provisions of this section.

     (e) The awarding authority of any public works project shall withhold the next scheduled

payment to any contractor or, subcontractor, vendor, or provider who fails to comply with the

provisions of subsections subsection (a) or (b) above and shall also notify the director of labor and

training. The awarding authority shall withhold any further payments until such time as the

contractor or, subcontractor, or provider has fully complied. If it is a subcontractor who has failed

to comply, the amount withheld shall be proportionate to the amount attributed or due to the

offending subcontractor as determined by the awarding authority. The department may also impose

a penalty of up to five hundred dollars ($500) for each calendar day of noncompliance with this

section, as determined by the director of labor and training. Mere errors and/or omissions in the

daily logs maintained under subsection (c) shall not be grounds for imposing a penalty under this

subsection.

 

 

 

 

545)

Section

Amended Chapter Numbers:

 

 37-13-13.1

292 and 293

 

 

37-13-13.1. Audits of wage records of out-of-state contractors, subcontractors, and providers.

     Out-of-state contractors or, subcontractors, vendors, or providers who perform work on

public works or provide school transportation services, in this state authorize the director of labor

and training to conduct wage and hour audits of their payroll records pursuant to the provisions of

chapter 14 of title 28.

 

 

 

 

546)

Section

Amended Chapter Numbers:

 

37-13-16

292 and 293

 

 

37-13-16. Termination of work on failure to pay agreed wages -- Completion of work.

     (a) Every public works contract within the scope of this chapter shall contain the further

provision that in the event it is found by the director of labor and training that any employee

employed by the contractor or any subcontractor directly on the site of the work covered by the

contract has been or is being paid a rate of wages less than the rate of wages required by the contract

to be paid as aforesaid, the awarding party may, by written notice to the contractor or subcontractor,

terminate his or her right as the case may be, to proceed with the work, or the part of the work as

to which there has been a failure to pay the required wages, and shall prosecute the work to

completion by contract or otherwise, and the contractor and his or her sureties shall be liable to the

awarding party for any excess costs occasioned the awarding authority thereby.

     (b) Every school transportation service contract within the scope of this chapter shall

contain the further provision that in the event it is found by the director of labor and training that

any employee employed by the provider to provide services within the area covered by the contract

has been or is being paid a rate of wages less than the rate of wages required by the contract to be

paid as aforesaid, the awarding party may, by written notice to the vendor, terminate the vendor's

right as the case may be, to proceed with the contract.

 

 

 

547)

Section

Amended Chapter Numbers:

 

38-2-2

284 and 285

 

 

38-2-2. Definitions.

     As used in this chapter:

     (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or

administrative body of the state, or any political subdivision thereof; including, but not limited to:

any department, division, agency, commission, board, office, bureau, authority; any school, fire, or

water district, or other agency of Rhode Island state or local government that exercises

governmental functions; any authority as defined in § 42-35-1(b); or any other public or private

agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of

any public agency.

     (2) "Chief administrative officer" means the highest authority of the public body.

     (3) "Public business" means any matter over which the public body has supervision,

control, jurisdiction, or advisory power.

     (4) "Public record" or "public records" shall mean all documents, papers, letters, maps,

books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data

processing records, computer stored data (including electronic mail messages, except specifically

for any electronic mail messages of or to elected officials with or relating to those they represent

and correspondence of or to elected officials in their official capacities), or other material regardless

of physical form or characteristics made or received pursuant to law or ordinance or in connection

with the transaction of official business by any agency. For the purposes of this chapter, the

following records shall not be deemed public:

     (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient

relationship, including all medical information relating to an individual in any files.

     (b) Personnel and other personal individually identifiable records otherwise deemed

confidential by federal or state law or regulation, or the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided,

however, with respect to employees, and employees of contractors and subcontractors working on

public works projects that are required to be listed as certified payrolls, the name, gross salary,

salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other

remuneration in addition to salary, job title, job description, dates of employment and positions

held with the state, municipality, or public works contractor or subcontractor on public works

projects, employment contract, work location, and/or project, business telephone number, the city

or town of residence, and date of termination shall be public. For the purposes of this section

"remuneration" shall include any payments received by an employee as a result of termination, or

otherwise leaving employment, including, but not limited to, payments for accrued sick and/or

vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For

purposes of this section, the city or town residence shall not be deemed public for peace officers,

as defined in § 12-7-21, and shall not be released.

     (II) Notwithstanding the provisions of this section, or any other provision of the general

laws to the contrary, the pension records of all persons who are either current or retired members

of any public retirement systems, as well as all persons who become members of those retirement

systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this

section, shall include all records containing information concerning pension and retirement benefits

of current and retired members of the retirement systems and future members of said systems,

including all records concerning retirement credits purchased and the ability of any member of the

retirement system to purchase retirement credits, but excluding all information regarding the

medical condition of any person and all information identifying the member's designated

beneficiary or beneficiaries unless and until the member's designated beneficiary or beneficiaries

have received or are receiving pension and/or retirement benefits through the retirement system.

     (B) Trade secrets and commercial or financial information obtained from a person, firm,

or corporation that is of a privileged or confidential nature.

     (C) Child custody and adoption records, records of illegitimate births, and records of

juvenile proceedings before the family court.

     (D) All records maintained by law enforcement agencies for criminal law enforcement and

all records relating to the detection and investigation of crime, including those maintained on any

individual or compiled in the course of a criminal investigation by any law enforcement agency.

Provided, however, such records shall not be deemed public only to the extent that the disclosure

of the records or information (a) Could reasonably be expected to interfere with investigations of

criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair

trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted

invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a

confidential source, including a state, local, or foreign agency or authority, or any private institution

that furnished information on a confidential basis, or the information furnished by a confidential

source; (e) Would disclose techniques and procedures for law enforcement investigations or

prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or

(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records

relating to management and direction of a law enforcement agency and records or reports reflecting

the initial arrest of an adult and the charge or charges brought against an adult shall be public.

     (E) Any records that would not be available by law or rule of court to an opposing party in

litigation.

     (F) Scientific and technological secrets and the security plans of military and law

enforcement agencies, the disclosure of which would endanger the public welfare and security.

     (G) Any records that disclose the identity of the contributor of a bona fide and lawful

charitable contribution to the public body whenever public anonymity has been requested of the

public body with respect to the contribution by the contributor.

     (H) Reports and statements of strategy or negotiation involving labor negotiations or

collective bargaining.

     (I) Reports and statements of strategy or negotiation with respect to the investment or

borrowing of public funds, until such time as those transactions are entered into.

     (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant

to chapter 46 of title 42.

     (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work

products, including those involving research at state institutions of higher education on commercial,

scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided,

however, any documents submitted at a public meeting of a public body shall be deemed public.

     (L) Test questions, scoring keys, and other examination data used to administer a licensing

examination, examination for employment or promotion, or academic examinations; provided,

however, that a person shall have the right to review the results of his or her examination.

     (M) Correspondence of or to elected officials with or relating to those they represent and

correspondence of or to elected officials in their official capacities.

     (N) The contents of real estate appraisals, engineering, or feasibility estimates and

evaluations made for or by an agency relative to the acquisition of property or to prospective public

supply and construction contracts, until such time as all of the property has been acquired or all

proceedings or transactions have been terminated or abandoned; provided the law of eminent

domain shall not be affected by this provision.

     (O) All tax returns.

     (P) All investigatory records of public bodies, with the exception of law enforcement

agencies, pertaining to possible violations of statute, rule, or regulation other than records of final

actions taken, provided that all records prior to formal notification of violations or noncompliance

shall not be deemed to be public.

     (Q) Records of individual test scores on professional certification and licensing

examinations; provided, however, that a person shall have the right to review the results of his or

her examination.

     (R) Requests for advisory opinions until such time as the public body issues its opinion.

     (S) Records, reports, opinions, information, and statements required to be kept confidential

by federal law or regulation or state law or rule of court.

     (T) Judicial bodies are included in the definition only in respect to their administrative

function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt

from the operation of this chapter.

     (U) Library records that, by themselves or when examined with other public records, would

reveal the identity of the library user requesting, checking out, or using any library materials.

     (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of hearing

or speech impaired.

     (W) All records received by the insurance division of the department of business regulation

from other states, either directly or through the National Association of Insurance Commissioners,

if those records are accorded confidential treatment in that state. Nothing contained in this title or

any other provision of law shall prevent or be construed as prohibiting the commissioner of

insurance from disclosing otherwise confidential information to the insurance department of this

or any other state or country, at any time, so long as the agency or office receiving the records

agrees in writing to hold it confidential in a manner consistent with the laws of this state.

     (X) Credit card account numbers in the possession of state or local government are

confidential and shall not be deemed public records.

     (Y) Any documentary material, answers to written interrogatories, or oral testimony

provided under any subpoena issued under Rhode Island general law § 9-1.1-6.

     (Z) Any individually identifiable evaluations of public school employees made pursuant to

state or federal law or regulation.

     (AA) All documents prepared by school districts intended to be used by school districts in

protecting the safety of their students from potential and actual threats.

 

 

 

 

 

548)

Section

Amended Chapter Numbers:

 

39-1-27.7

223 and 224

 

 

39-1-27.7. System reliability and least-cost procurement.

     (a) Least-cost procurement shall comprise system reliability and energy efficiency and

conservation procurement, as provided for in this section, and supply procurement, as provided for

in § 39-1-27.8, as complementary but distinct activities that have as common purpose meeting

electrical and natural gas energy needs in Rhode Island, in a manner that is optimally cost-effective,

reliable, prudent, and environmentally responsible.

     (b) The commission shall establish not later than June 1, 2008, standards for system

reliability and energy efficiency and conservation procurement that shall include standards and

guidelines for:

     (1) System reliability procurement, including but not limited to:

     (i) Procurement of energy supply from diverse sources, including, but not limited to,

renewable energy resources as defined in chapter 26 of this title;

     (ii) Distributed generation, including, but not limited to, renewable energy resources and

thermally leading combined heat and power systems, that is reliable and is cost-effective, with

measurable, net system benefits;

     (iii) Demand response, including, but not limited to, distributed generation, back-up

generation, and on-demand usage reduction, that shall be designed to facilitate electric customer

participation in regional demand response programs, including those administered by the

independent service operator of New England ("ISO-NE"), and/or are designed to provide local

system reliability benefits through load control or using on-site generating capability;

     (iv) To effectuate the purposes of this division, the commission may establish standards

and/or rates (A) For qualifying distributed generation, demand response, and renewable energy

resources; (B) For net metering; (C) For back-up power and/or standby rates that reasonably

facilitate the development of distributed generation; and (D) For such other matters as the

commission may find necessary or appropriate.

     (2) Least-cost procurement, which shall include procurement of energy efficiency and

energy conservation measures that are prudent and reliable and when such measures are lower cost

than acquisition of additional supply, including supply for periods of high demand.

     (c) The standards and guidelines provided for by subsection (b) shall be subject to periodic

review and as appropriate amendment by the commission, which review will be conducted not less

frequently than every three (3) years after the adoption of the standards and guidelines.

     (d) To implement the provisions of this section:

     (1) The commissioner of the office of energy resources and the energy efficiency and

resources management council, either jointly or separately, shall provide the commission findings

and recommendations with regard to system reliability and energy efficiency and conservation

procurement on or before March 1, 2008, and triennially on or before March 1, thereafter through

March 1, 2024 March 1, 2028. The report shall be made public and be posted electronically on the

website of the office of energy resources.

     (2) The commission shall issue standards not later than June 1, 2008, with regard to plans

for system reliability and energy efficiency and conservation procurement, which standards may

be amended or revised by the commission as necessary and/or appropriate.

     (3) The energy efficiency and resources management council shall prepare by July 15,

2008, a reliability and efficiency procurement opportunity report that shall identify opportunities

to procure efficiency, distributed generation, demand response, and renewables and that shall be

submitted to the electrical distribution company, the commission, the office of energy resources,

and the joint committee on energy.

     (4) Each electrical and natural gas distribution company shall submit to the commission on

or before September 1, 2008, and triennially on or before September 1 thereafter through September

1, 2024 September 1, 2028, a plan for system reliability and energy efficiency and conservation

procurement. In developing the plan, the distribution company may seek the advice of the

commissioner and the council. The plan shall include measurable goals and target percentages for

each energy resource, pursuant to standards established by the commission, including efficiency,

distributed generation, demand response, combined heat and power, and renewables. The plan shall

be made public and be posted electronically on the website of the office of energy resources, and

shall also be submitted to the general assembly.

     (5) The commission shall issue an order approving all energy-efficiency measures that are

cost-effective and lower cost than acquisition of additional supply, with regard to the plan from the

electrical and natural gas distribution company, and reviewed and approved by the energy

efficiency and resources management council, and any related annual plans, and shall approve a

fully reconciling funding mechanism to fund investments in all efficiency measures that are cost-

effective and lower cost than acquisition of additional supply, not greater than sixty (60) days after

it is filed with the commission.

     (6)(i) Each electrical and natural gas distribution company shall provide a status report,

which shall be public, on the implementation of least-cost procurement on or before December 15,

2008, and on or before February 1, 2009, to the commission, the division, the commissioner of the

office of energy resources, and the energy efficiency and resources management council which

may provide the distribution company recommendations with regard to effective implementation

of least-cost procurement. The report shall include the targets for each energy resource included in

the order approving the plan and the achieved percentage for energy resource, including the

achieved percentages for efficiency, distributed generation, demand response, combined heat and

power, and renewables, as well as the current funding allocations for each eligible energy resource

and the businesses and vendors in Rhode Island participating in the programs. The report shall be

posted electronically on the website of the office of energy resources.

     (ii) Beginning on November 1, 2012, or before, each electric distribution company shall

support the installation and investment in clean and efficient combined heat and power installations

at commercial, institutional, municipal, and industrial facilities. This support shall be documented

annually in the electric distribution company's energy-efficiency program plans. In order to

effectuate this provision, the energy efficiency and resource management council shall seek input

from the public, the gas and electric distribution company, the commerce corporation, and

commercial and industrial users, and make recommendations regarding services to support the

development of combined heat and power installations in the electric distribution company's annual

and triennial energy-efficiency program plans.

     (iii) The energy-efficiency annual plan shall include, but not be limited to, a plan for

identifying and recruiting qualified combined heat and power projects, incentive levels, contract

terms and guidelines, and achievable megawatt targets for investments in combined heat and power

systems. In the development of the plan, the energy efficiency and resource management council

and the electric distribution company shall factor into the combined heat and power plan and

program, the following criteria: (A) Economic development benefits in Rhode Island, including

direct and indirect job creation and retention from investments in combined heat and power

systems; (B) Energy and cost savings for customers; (C) Energy supply costs; (D) Greenhouse gas

emissions standards and air quality benefits; and (E) System reliability benefits.

     (iv) The energy efficiency and resource management council shall conduct at least one

public review meeting annually, to discuss and review the combined heat and power program, with

at least seven (7) business days' notice, prior to the electric and gas distribution utility submitting

the plan to the commission. The commission shall evaluate the submitted combined heat and power

program as part of the annual energy-efficiency plan. The commission shall issue an order

approving the energy-efficiency plan and programs within sixty (60) days of the filing.

     (e) If the commission shall determine that the implementation of system reliability and

energy efficiency and conservation procurement has caused, or is likely to cause, under or over-

recovery of overhead and fixed costs of the company implementing the procurement, the

commission may establish a mandatory rate-adjustment clause for the company so affected in order

to provide for full recovery of reasonable and prudent overhead and fixed costs.

     (f) The commission shall conduct a contested case proceeding to establish a performance-

based incentive plan that allows for additional compensation for each electric distribution company

and each company providing gas to end-users and/or retail customers based on the level of its

success in mitigating the cost and variability of electric and gas services through procurement

portfolios.

     (g)(1) The office of energy resources shall conduct a study and analysis of the electric and

gas distribution company's state energy efficiency programs that will examine implemented

program and planned conservation measures and review and confirm the claimed energy savings.

In carrying out this study, the office shall utilize a representative sample of different customer

classes and measures that have and/or will be participating in the state energy efficiency programs.

At a minimum, the study performed by the office of energy resources shall include the following

in its scope of work:

     (i) Independently review and summarize the electric and gas distribution company process

for incorporating results from completed evaluation studies into ongoing energy efficiency program

reporting and implementation.

     (ii) Conduct an independent review of gas and electricity efficiency programs, which may

include billing analysis techniques. The scope and subjects of this analysis will be decided by the

working group with input and advice from an independent consultant. The analysis will be

conducted by a qualified independent consultant using industry accepted methods.

     (iii) Review the data-collection practices, including metering equipment used; sampling

frequency; sample sizes; and data validation procedures, and the methods for data analysis

employed, as deemed appropriate by the independent evaluator.

     (iv) Study results and recommendations will be presented to the public utilities commission

and the energy efficiency and resource management council.

     (2) The office of energy resources shall consult with the working group in development of

the request for proposals (RFP), and during the course of the study, including the preliminary study

results. The working group shall be comprised of one representative from each of the following

groups chosen by the office of energy resources:

     (i) Large commercial and industrial energy users;

     (ii) Small business energy users;

     (iii) Residential energy users;

     (iv) Municipal and state energy users;

     (v) Low-income energy users;

     (vi) Electric and gas distribution company; and

     (vii) Energy efficiency and resource management council.

     (3) The office of energy resources, in consultation with the electric and gas distribution

company and representatives referenced in subsection (g)(2), shall be authorized to hire an energy

consulting company or firm to carry out the energy efficiency verification study. The costs

associated with this study, including, but not limited to, those associated with the consultant or firm

contract and reasonable administrative costs incurred by the office in the execution of subsection

(g) of this section, shall be recoverable through the system benefit charge subject to commission

approval. Funding shall be transferred from the electric and gas distribution utility to the office of

energy resources upon request by the office.

     (4) The office of energy resources shall submit this report on or before October 30, 2019,

to the governor, the president of the senate, and the speaker of the house. The office and its selected

energy consulting company or firm shall host two (2) public presentations on the preliminary and

final results of the study.

 

 

 

 

549)

Section

Amended Chapter Numbers:

 

39-2-1.2

223 and 224

 

 

39-2-1.2. Utility base rate -- Advertising, demand-side management, and renewables.

     (a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or

providing heat, electricity, or water to or for the public shall include as part of its base rate any

expenses for advertising, either direct or indirect, that promotes the use of its product or service, or

is designed to promote the public image of the industry. No public utility may furnish support of

any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and

include the expense as part of its base rate. Nothing contained in this section shall be deemed as

prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or

educational in nature, that is designed to promote public safety conservation of the public utility's

product or service. The public utilities commission shall promulgate such rules and regulations as

are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect,

and to otherwise effectuate the provisions of this section.

     (b) Effective as of January 1, 2008, and for a period of fifteen (15) twenty (20) years

thereafter, each electric distribution company shall include a charge per kilowatt-hour delivered to

fund demand-side management programs. The 0.3 mills per kilowatt-hour delivered to fund

renewable energy programs shall remain in effect until December 31, 2022 2028. The electric

distribution company shall establish and, after July 1, 2007, maintain, two (2) separate accounts,

one for demand-side management programs (the "demand-side account"), which shall be funded

by the electric demand-side charge and administered and implemented by the distribution company,

subject to the regulatory reviewing authority of the commission, and one for renewable energy

programs, which shall be administered by the Rhode Island commerce corporation pursuant to §

42-64-13.2 and shall be held and disbursed by the distribution company as directed by the Rhode

Island commerce corporation for the purposes of developing, promoting, and supporting renewable

energy programs.

     During the time periods established in this subsection, the commission may, in its

discretion, after notice and public hearing, increase the sums for demand-side management and

renewable resources. In addition, the commission shall, after notice and public hearing, determine

the appropriate charge for these programs. The office of energy resources, and/or the administrator

of the renewable energy programs, may seek to secure for the state an equitable and reasonable

portion of renewable energy credits or certificates created by private projects funded through those

programs. As used in this section, "renewable energy resources" shall mean: (1) Power generation

technologies, as defined in § 39-26-5, "eligible renewable energy resources," including off-grid and

on-grid generating technologies located in Rhode Island, as a priority; (2) Research and

development activities in Rhode Island pertaining to eligible renewable energy resources and to

other renewable energy technologies for electrical generation; or (3) Projects and activities directly

related to implementing eligible renewable energy resources projects in Rhode Island.

Technologies for converting solar energy for space heating or generating domestic hot water may

also be funded through the renewable energy programs. Fuel cells may be considered an energy

efficiency technology to be included in demand-side management programs. Special rates for low-

income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these

discounts shall be included in the distribution rates charged to all other customers. Nothing in this

section shall be construed as prohibiting an electric distribution company from offering any special

rates or programs for low-income customers which are not in effect as of August 7, 1996, subject

to the approval by the commission.

     (1) The renewable energy investment programs shall be administered pursuant to rules

established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria

to rank qualified renewable energy projects, giving consideration to:

     (i) The feasibility of project completion;

     (ii) The anticipated amount of renewable energy the project will produce;

     (iii) The potential of the project to mitigate energy costs over the life of the project; and

     (iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project.

     (c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.]

     (d) The chief executive officer of the commerce corporation is authorized and may enter

into a contract with a contractor for the cost-effective administration of the renewable energy

programs funded by this section. A competitive bid and contract award for administration of the

renewable energy programs may occur every three (3) years and shall include, as a condition, that

after July 1, 2008, the account for the renewable energy programs shall be maintained and

administered by the commerce corporation as provided for in subsection (b) of this section.

     (e) Effective January 1, 2007, and for a period of sixteen (16) twenty-one (21) years

thereafter, each gas distribution company shall include, with the approval of the commission, a

charge per deca therm delivered to fund demand-side management programs (the "gas demand-

side charge"), including, but not limited to, programs for cost-effective energy efficiency, energy

conservation, combined heat and power systems, and weatherization services for low-income

households.

     (f) Each gas company shall establish a separate account for demand-side management

programs (the "gas demand-side account") that shall be funded by the gas demand-side charge and

administered and implemented by the distribution company, subject to the regulatory reviewing

authority of the commission. The commission may establish administrative mechanisms and

procedures that are similar to those for electric demand-side management programs administered

under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and

high, life-time savings of efficiency measures supported by the program.

     (g) The commission may, if reasonable and feasible, except from this demand-side

management charge:

     (1) Gas used for distribution generation; and

     (2) Gas used for the manufacturing processes, where the customer has established a self-

directed program to invest in and achieve best-effective energy efficiency in accordance with a plan

approved by the commission and subject to periodic review and approval by the commission, which

plan shall require annual reporting of the amount invested and the return on investments in terms

of gas savings.

     (h) The commission may provide for the coordinated and/or integrated administration of

electric and gas demand-side management programs in order to enhance the effectiveness of the

programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the

recommendation of the office of energy resources, be through one or more third-party entities

designated by the commission pursuant to a competitive selection process.

     (i) Effective January 1, 2007, the commission shall allocate, from demand-side

management gas and electric funds authorized pursuant to this section, an amount not to exceed

two percent (2%) three percent (3%) of such funds on an annual basis for the retention of expert

consultants, and reasonable administration costs of the energy efficiency and resources

management council associated with planning, management, and evaluation of energy-efficiency

programs, renewable energy programs, system reliability least-cost procurement, and with

regulatory proceedings, contested cases, and other actions pertaining to the purposes, powers, and

duties of the council, which allocation may by mutual agreement, be used in coordination with the

office of energy resources to support such activities.

     (j) Effective January 1, 2016, the commission shall annually allocate from the

administrative funding amount allocated in subsection (i) from the demand-side management

program as described in subsection (i) as follows: fifty percent (50%) forty percent (40%) for the

purposes identified in subsection (i) and fifty percent (50%) sixty percent (60%) annually to the

office of energy resources for activities associated with planning, management, and evaluation of

energy-efficiency programs, renewable energy programs, system reliability, least-cost

procurement, and with regulatory proceedings, contested cases, and other actions pertaining to the

purposes, powers, and duties of the office of energy resources.

     (k) On April 15, of each year, the office and the council shall submit to the governor, the

president of the senate, and the speaker of the house of representatives, separate financial and

performance reports regarding the demand-side management programs, including the specific level

of funds that were contributed by the residential, municipal, and commercial and industrial sectors

to the overall programs; the businesses, vendors, and institutions that received funding from

demand-side management gas and electric funds used for the purposes in this section; and the

businesses, vendors, and institutions that received the administrative funds for the purposes in

subsections (i) and (j). These reports shall be posted electronically on the websites of the office of

energy resources and the energy efficiency and resources management council.

     (l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each

electric distribution company, except for the Pascoag Utility District and Block Island Power

Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge

collections to the Rhode Island infrastructure bank.

     (m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each

gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side

charge collections to the Rhode Island infrastructure bank.

     (n) Effective January 1, 2022, the commission shall allocate, from demand-side

management gas and electric funds authorized pursuant to this section, five million dollars

($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and

electric demand-side funds transferred to the Rhode Island Infrastructure Bank infrastructure

bank pursuant to this section shall be eligible to be used in any energy efficiency, renewable

energy, or demand-side management project financing program administered by the Rhode Island

infrastructure bank notwithstanding any other restrictions on the use of such collections set forth in

this chapter. The infrastructure bank shall report annually to the commission within ninety (90)

days of the end of each calendar year how collections transferred under this section were utilized.

 

 

 

 

550)

Section

Amended Chapter Numbers:

 

39-14.2-19

32 and 36

 

 

39-14.2-19. Airport Corporation Authority.

     Notwithstanding the provisions of § 39-14.2-18, the Rhode Island airport corporation, or

any successor entity authorized to oversee and control the property of T.F. Green airport Rhode

Island T.F. Green International Airport and any other state airport, shall have the authority to

establish reasonable regulations governing TNC transportation network company (TNC)

operators offering TNC services on airport property through proper amendment of the corporation's

ground transportation rules or by entering into operating agreements with TNCs.

     SECTION 9. Section 39-18-24 of the General Laws in Chapter 39-18 entitled "Rhode

Island Public Transit Authority" is hereby amended to read as follows:

 

 

 

 

551)

Section

Amended Chapter Numbers:

 

39-18-24

32 and 36

 

 

39-18-24. John J. MacDonald, Jr. Transportation Initiative.

     (a) The Rhode Island public transit authority is authorized and directed, in consultation

with the division of public utilities and carriers and the governor's commission on disabilities, to

develop the "John J. MacDonald, Jr. Transportation Initiative" for a statewide federally funded

"New Freedom Program" to reduce barriers to transportation services and expand the transportation

mobility options available to people with disabilities that need wheelchair accessible transportation

beyond the requirements of the Americans with Disabilities Act (ADA) of 1990, by September 30,

2010. The goal is to provide on demand wheelchair accessible taxicab service throughout the state,

and especially at T.F. Green state airport Rhode Island T.F. Green International Airport and the

train stations.

     (b) The administrator of the division of public utilities and carriers is authorized and

directed to issue a regional wheelchair taxicab certificate after a hearing, in accordance with the

provisions of chapter 42-35 of title 42, the administrative procedures act, to any qualified applicant

therefore, authorizing the whole or any part of the operations covered by the application, if it is

found that the applicant is fit, willing, and able to properly perform the service proposed and to

conform to the provisions of chapter 39-14 of this title, and the requirements, orders, rules, and

regulations of the administrator thereunder, and that the proposed service, to the extent to be

authorized by the certificate, is or will be required by the present or future public convenience and

necessity; otherwise the application shall be denied.

     (c) The Rhode Island public transit authority is authorized and directed:

     (1) To adopt rules and regulations for the implementation of the John J. MacDonald, Jr.

transportation initiative; and

     (2) Purchase up to (2) wheelchair accessible taxicabs for each regional wheelchair taxicab

or public motor vehicle certificate holder, utilizing New Freedom -- Safe Accountable Flexible and

Efficient Transportation Equity Act (23 U.S.C. § 101 et seq.), a legacy for users funds for eighty

percent (80%) of the cost. Said The program or purchases thereunder shall be funded by federal

grants and private funds only and shall not have a negative financial impact on the Rhode Island

Public Transit Authority's public transit authority’s operating budget. The operators of the

wheelchair accessible taxicabs shall be responsible for the twenty percent (20%) nonfederal match

for purchase of the vehicles.

     (d) The operators of the certified wheelchair accessible taxicabs or public motor vehicles,

and not the Rhode Island public transit authority, shall be responsible for all operating and

maintenance costs of the wheelchair accessible taxicabs or public motor vehicles.

     (e) The Rhode Island public transit authority and the division of public utilities and carriers

is authorized and directed to begin implementation of the "John J. MacDonald, Jr. Transportation

Initiative" on or before January 1, 2011.

 

 

 

 

552)

Section

Amended Chapter Numbers:

 

39-21.1-8

82 and 83

 

 

39-21.1-8. Emergency services included in system.

     (a) The 911 system shall be capable of transmitting requests for law enforcement,

firefighting, and emergency medical and ambulance services to a public safety agency or agencies

that provide the requested service at the place where the call originates. In response to requests for

emergency medical or ambulance services, the 911 system dispatchers shall also provide for the

communication of instructions to callers during the period before the arrival of emergency

responders. By September 1, 2022, the A 911 system shall include telecommunicator

cardiopulmonary resuscitation ("T-CPR"), provided by certified emergency medical dispatchers

(EMD) who have satisfactorily completed a training course that meets the requirements of the U.S.

Department of Transportation, National Highway Traffic Safety Administration, Emergency

Medical Dispatch (EMD); National Standard Curriculum, as from time to time amended, and any

other requirements pursuant to § 23-4.1-3(c). The 911 system may also provide for transmittal of

requests for other emergency services, such as poison control, suicide prevention, and civil defense.

Conferencing capability with counseling, aid to persons with disabilities, and other services as

deemed necessary for emergency response determination may be provided by the 911 system.

     (b) Any unit of any agency or municipality in this state that provides law enforcement,

firefighting, medical, or ambulance services to an area shall be part of the 911 system. The 911

public safety answering point may transmit emergency response requests to private safety agencies.

     (c) Automatic intrusion alarms and other automatic alerting devices shall not be installed

so as to cause the number 911 to be dialed in order to directly access emergency services.

     (d) A comprehensive call review and quality improvement program including, but not

limited to, all cardiac arrest and critical calls as well as a random sampling of all calls from the

emergency telephone system shall be established.

     (e) All 911 system dispatchers shall be certified in EMD and trained in telecommunicator

cardiopulmonary resuscitation ("T-CPR") to coach a person calling in about a cardiac arrest

incident until the rescue or other emergency service unit arrives. EMD continuing education shall

be provided for 911 system dispatchers.

     (f) No 911 system operator who renders emergency assistance to a person in need thereof

shall be liable or for civil damages which that result from acts or omissions by such the person

rendering the emergency care, which may constitute ordinary negligence. This immunity does not

apply to acts or omission omissions constituting gross negligence or willful or wanton conduct

 

 

 

 

553)

Section

Amended Chapter Numbers:

 

39-26.4-3

315 and 316

 

 

39-26.4-3. Net metering.

     (a) The following policies regarding net metering of electricity from eligible net-metering

systems and community remote-net-metering systems and regarding any person that is a renewable

self-generator shall apply:

     (1)(i) The maximum, allowable capacity for eligible net-metering systems, based on

nameplate capacity, shall be ten megawatts (10 MW), effective sixty (60) days after passage. The

aggregate amount of net metering in the Block Island Utility District doing business as Block Island

Power Company and the Pascoag Utility District shall not exceed three percent (3%) a maximum

percentage of peak load for each utility district as set by the utility district based on its operational

characteristics, subject to commission approval; and

     (ii) Through December 31, 2018, the maximum, aggregate amount of community remote-

net-metering systems built shall be thirty megawatts (30 MW). Any of the unused MW amount

after December 31, 2018, shall remain available to community remote-net-metering systems until

the MW aggregate amount is interconnected. After December 31, 2018, the commission may

expand or modify the aggregate amount after a public hearing upon petition by the office of energy

resources. The commission shall determine within six (6) months of such petition being docketed

by the commission whether the benefits of the proposed expansion exceed the cost. This aggregate

amount shall not apply to any net-metering financing arrangement involving public entity facilities,

multi-municipal collaborative facilities, educational institutions, the federal government,

hospitals, or nonprofits. By June 30, 2018, the commission shall conduct a study examining the

cost and benefit to all customers of the inclusion of the distribution charge as a part of the net-

metering calculation.

     (2) For ease of administering net-metered accounts and stabilizing net-metered account

bills, the electric-distribution company may elect (but is not required) to estimate for any twelve-

month (12) period:

     (i) The production from the eligible net-metering system or community remote-net-

metering system; and

     (ii) Aggregate consumption of the net-metered accounts at the eligible net-metering-system

site or the sum of the consumption of the eligible credit-recipient accounts associated with the

community remote-net-metering system, and establish a monthly billing plan that reflects the

expected credits that would be applied to the net-metered accounts over twelve (12) months. The

billing plan would be designed to even out monthly billings over twelve (12) months, regardless of

actual production and usage. If such election is made by the electric-distribution company, the

electric-distribution company would reconcile payments and credits under the billing plan to actual

production and consumption at the end of the twelve-month (12) period and apply any credits or

charges to the net-metered accounts for any positive or negative difference, as applicable. Should

there be a material change in circumstances at the eligible net-metering system site or associated

accounts during the twelve-month (12) period, the estimates and credits may be adjusted by the

electric-distribution company during the reconciliation period. The electric-distribution company

also may elect (but is not required) to issue checks to any net-metering customer in lieu of billing

credits or carry-forward credits or charges to the next billing period. For residential-eligible net-

metering systems and community-remote-net-metering systems twenty-five kilowatts (25 kwKW)

or smaller, the electric-distribution company, at its option, may administer renewable net-metering

credits month to month allowing unused credits to carry forward into the following billing period.

     (3) If the electricity generated by an eligible net-metering system or community remote-

net-metering system during a billing period is equal to, or less than, the net-metering customer's

usage at the eligible net-metering-system site or the sum of the usage of the eligible credit-recipient

accounts associated with the community remote-net-metering system during the billing period, the

customer shall receive renewable net-metering credits, that shall be applied to offset the net-

metering customer's usage on accounts at the eligible net-metering-system site, or shall be used to

credit the eligible credit-recipient's electric account.

     (4) If the electricity generated by an eligible net-metering system or community remote-

net-metering system during a billing period is greater than the net-metering customer's usage on

accounts at the eligible net-metering-system site or the sum of the usage of the eligible credit-

recipient accounts associated with the community remote-net-metering system during the billing

period, the customer shall be paid by excess renewable net-metering credits for the excess

electricity generated up to an additional twenty-five percent (25%) beyond the net-metering

customer's usage at the eligible net-metering-system site, or the sum of the usage of the eligible

credit-recipient accounts associated with the community remote net-metering system during the

billing period; unless the electric-distribution company and net-metering customer have agreed to

a billing plan pursuant to subdivision subsection (a)(2).

     (5) The rates applicable to any net-metered account shall be the same as those that apply

to the rate classification that would be applicable to such account in the absence of net-metering,

including customer and demand charges, and no other charges may be imposed to offset net-

metering credits.

     (b) The commission shall exempt electric-distribution company customer accounts

associated with an eligible, net-metering system from back-up or standby rates commensurate with

the size of the eligible net-metering system, provided that any revenue shortfall caused by any such

exemption shall be fully recovered by the electric-distribution company through rates.

     (c) Any prudent and reasonable costs incurred by the electric-distribution company

pursuant to achieving compliance with subsection (a) and the annual amount of any renewable net-

metering credits or excess, renewable net-metering credits provided to accounts associated with

eligible net-metering systems or community remote-net-metering systems, shall be aggregated by

the distribution company and billed to all distribution customers on an annual basis through a

uniform, per-kilowatt-hour (kwh) (KWh) surcharge embedded in the distribution component of the

rates reflected on customer bills.

     (d) The billing process set out in this section shall be applicable to electric-distribution

companies thirty (30) days after the enactment of this chapter.

 

 

 

554)

Section

Amended Chapter Numbers:

 

39-26.7-5

373 and 374

 

 

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 the 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

the customer was receiving service from a nonregulated power producer immediately prior to such

the 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 The 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 the 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 the 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 the signed service contract or consent to service for a period of not

less than two (2) years from the date of expiration of 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 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) 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 the contract;

     (5) The 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 website,

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 contract

for a residential customer, a nonregulated power producer shall provide a written notice to the

customer of the contract expiration date. 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. The customer shall have the option to change

the method of notification at any time during the contract.

     (m) 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. Any residential customer with a contract prior to August 1, 2020, that is scheduled to

automatically renew any time after August 1, 2020, shall be notified by the nonregulated power

producer in writing no less than thirty (30) days prior to the automatic renewal, and any residential

customer on a variable rate without a new contract since August 1, 2020, shall be notified by the

nonregulated power producer no less than once annually, of: (1) The rate a customer will pay under

a renewed fixed rate agreement, or the current variable rate in the event the customer will pay a

variable rate; and (2) The current default rate available; and (3) Clear instructions of the steps the

residential customer must follow to return to the default rate. This subsection shall not apply to, or

otherwise affect, any government body that aggregates the load of residential retail customers as

part of an aggregation plan pursuant to § 39-3-1.2.

     (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. 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 the

nonregulated power producer and the third-party agent has received appropriate training directly

from 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 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 the advertised price, and any fixed or recurring charge, including, but

not limited to, any minimum monthly charge.

 

 

 

 

555)

Section

Added Chapter Numbers:

 

39-27.1

361 and 363

 

 

CHAPTER 39-27.1

APPLIANCE AND EQUIPMENT ENERGY AND WATER EFFICIENCY STANDARDS

ACT OF 2021

 

 

 

 

 

556)

Section

Added Chapter Numbers:

 

39-27.1-1

361 and 363

 

 

39-27.1-1. General purpose.

     This chapter establishes minimum efficiency standards for certain products sold or installed

in the state. This chapter shall, upon enactment, be construed to supersede any conflicting

provisions of chapter 27 of this title 39, "The Energy and Consumer Savings Act of 2005."

 

 

 

 

557)

Section

Added Chapter Numbers:

 

39-27.1-2

361 and 363

 

 

39-27.1-2. Definitions.

     (a) For purposes of this chapter, the following definitions apply:

      (1) "Commercial dishwasher" means a machine designed to clean and sanitize plates, pots,

pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or

without blasting media granules) and a sanitizing rinse.

     (2) "Commercial fryer" means an appliance, including a cooking vessel, in which oil is

placed to such a depth that the cooking food is essentially supported by displacement of the cooking

fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by means of an

immersed electric element of band-wrapped vessel (electric fryers) or by heat transfer from gas

burners through either the walls of the fryer or through tubes passing through the cooking fluid (gas

fryers).

     (3) "Commercial hot-food holding cabinet" means a heated, fully enclosed compartment

with one or more solid or transparent doors designed to maintain the temperature of hot food that

has been cooked using a separate appliance. "Commercial hot-food holding cabinet" does not

include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances.

     (4) "Commercial oven" means a chamber designed for heating, roasting, or baking food by

conduction, convection, radiation, and/or electromagnetic energy.

     (5) "Commercial steam cooker," also known as "compartment steamer," means a device

with one or more food-steaming compartments in which the energy in the steam is transferred to

the food by direct contact. Models may include countertop models, wall-mounted models, and floor

models mounted on a stand, pedestal, or cabinet-style base.

     (6) "Commissioner" means the commissioner of energy resources at the Rhode Island

office of energy resources, appointed pursuant to § 42-140-4.

     (7) "Compensation" means money or any other valuable thing, regardless of form, received

or to be received by a person for services rendered.

     (8) "Electric vehicle supply equipment" means the conductors, including the ungrounded,

grounded, and equipment grounding conductors, the electric vehicle connectors, attachment plugs,

and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of

delivering energy from the premises wiring to the electric vehicle. Excludes conductors,

connectors, and fittings that are part of a vehicle.

     (9) The following definitions refer to "faucets":

     (i) "Faucet" means a private lavatory faucet, residential kitchen faucet, metering faucet,

public lavatory faucet, or replacement aerator for a private lavatory, public lavatory, or residential

kitchen faucet.;

     (ii) "Public lavatory faucet" means a fitting designed to be installed in nonresidential

bathrooms that are exposed to walk-in traffic.;

     (iii) "Metering faucet" means a fitting that, when turned on, will gradually shut itself off

over a period of several seconds.; and

     (iv) "Replacement aerator" means an aerator sold as a replacement, separate from the faucet

to which it is intended to be attached.

     (10) The following definitions refer to "gas fireplaces":

     (i) "Decorative gas fireplace" means a vented fireplace, including appliances that are

freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or

propane, is marked for decorative use only, and is not equipped with a thermostat or intended for

use as a heater.;

     (ii) "Gas fireplace" means a decorative gas fireplace or a heating gas fireplace.; and

     (iii) "Heating gas fireplace" means a vented fireplace, including appliances that are

freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or

propane and is not a decorative fireplace.

     (11) "Portable electric spa" means a factory-built electric spa or hot tub which that may or

may not include any combination of integral controls, water heating, or water circulating

equipment.

     (12) "Residential ventilating fan" means a ceiling or wall-mounted fan, or remotely

mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving

air from inside the building to the outdoors.

     (13) The following definitions refer to "showerheads":

     (i) "Showerhead" means an accessory to a supply fitting for spraying water onto a bather,

typically from an overhead position and includes a hand-held showerhead, but does not include a

safety showerhead.; and

     (ii) "Hand-held showerhead" means a showerhead that can be held or fixed in place for the

purpose of spraying water onto a bather and that is connected to a flexible hose.;.

     (14) The following definitions refer to "spray sprinkler bodies":

     (i) "Pressure regulator" means a device that maintains constant operating pressure

immediately downstream from the device, given higher pressure upstream.; and

     (ii) "Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a

means of connection to the piping system designed to convey water to a nozzle or orifice.

     (15) The following definitions refer to "urinals" and "water closets":

     (i) "Dual-flush effective flush volume" means the average flush volume of two (2) reduced

flushes and one full flush.;

     (ii) "Dual-flush water closet" means a water closet incorporating a feature that allows the

user to flush the water closet with either a reduced or a full volume of water.;

     (iii) "Plumbing fixture" means an exchangeable device, which that connects to a plumbing

system to deliver and drain away water and waste.;

     (iv) "Trough-type urinal" means a urinal designed for simultaneous use by two (2) or more

persons.;

     (v) "Urinal" means a plumbing fixture that receives only liquid body waste and conveys

the waste through a trap into a drainage system.; and

     (vi) "Water closet" means a plumbing fixture having a water-containing receptor that

receives liquid and solid body waste through an exposed integral trap into a drainage system.

     (16) The following definitions refer to "water coolers":

     (i) "Cold only units" dispense cold water only.;

     (ii) "Cook and cold units" dispense both cold and room-temperature water.;

     (iii) "Hot and cold units" dispense both hot and cold water. Provided further that certain

units also offer room-temperature water.;

     (iv) "On demand" means the water cooler heats water as it is requested, which typically

takes a few minutes to deliver.;

     (v) "Storage-type" means thermally conditioned water is stored in a tank in the water cooler

and is available instantaneously. Point-of-use, dry storage compartment, and bottled water coolers

are included in this category.; and

     (vi) "Water cooler" means a freestanding device that consumes energy to cool and/or heat

potable water.

 

 

 

 

558)

Section

Added Chapter Numbers:

 

39-27.1-3

361 and 363

 

 

39-27.1-3. Scope.

     (a) The provisions of this chapter apply to:

     (1) Commercial dishwashers;

     (2) Commercial fryers;

     (3) Commercial hot-food holding cabinets;

     (4) Commercial ovens;

     (5) Commercial steam cookers;

     (6) Electric vehicle supply equipment;

     (7) Faucets;

     (8) Gas fireplaces;

     (9) Portable electric spas;

     (10) Residential ventilating fans;

     (11) Showerheads;

     (12) Spray sprinkler bodies;

     (13) Urinals;

     (14) Water closets; and

     (15) Water coolers.

     (b) The provisions of this chapter do not apply to:

     (1) New products manufactured in the state and sold outside the state;

     (2) New products manufactured outside the state and sold at wholesale inside the state for

final retail sale and installation outside the state;

     (3) Products installed in mobile manufactured homes at the time of construction; or

     (4) Products designed expressly for installation and use in recreational vehicles.

 

 

 

 

559)

Section

Added Chapter Numbers:

 

39-27.1-4

361 and 363

 

 

39-27.1-4. Standards.

     (a) Not later than one year after the date of enactment of this chapter, the commissioner

shall adopt regulations, in accordance with the provisions of chapter 35 of title 42, establishing

minimum efficiency standards for the types of new products set forth in § 39-27.1-3.

     (b) The regulations shall provide for the following minimum efficiency standards:

     (1) Commercial dishwashers included in the scope of the ENERGY STAR Program

Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the

qualification criteria of that specification.;

     (2) Commercial fryers included in the scope of the ENERGY STAR Program

Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the

qualification criteria of that specification.;

     (3) Commercial hot-food holding cabinets shall meet the qualification criteria of the

ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding

Cabinets, Version 2.0.;

     (4) Commercial ovens included in the scope of the ENERGY STAR Program

Requirements Product Specification for Commercial Ovens, Version 2.2, shall meet the

qualification criteria of that specification.;

     (5) Commercial steam cookers shall meet the requirements of the ENERGY STAR

Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2.;

     (6) Electric vehicle supply equipment included in the scope of the ENERGY STAR

Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0

(Rev. Apr-2017), shall meet the qualification criteria of that specification.;

     (7) Faucets, except for metering faucets, shall meet the standards shown in this subsection

when tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of

Federal Regulations and compliance with those requirements shall be -- "Uniform Test Method for

Measuring the Water Consumption of Faucets and Showerheads" -- as in effect on January 1, 2020.:

     (i) Lavatory faucets and replacement aerators shall not exceed a maximum flow rate of one

and five-tenths gallons per minute (1.5 gpm) at sixty pounds per square inch (60 psi).;

     (ii) Residential kitchen faucets and replacement aerators shall not exceed a maximum flow

rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds per square inch (60 psi),

with optional temporary flow of two and two-tenths gallons per minute (2.2 gpm), provided they

default to a maximum flow rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds

per square inch (60 psi) after each use.; and

     (iii) Public lavatory faucets and replacement aerators shall not exceed a maximum flow

rate of five-tenths gallons per minute (0.5 gpm) at sixty pounds per square inch (60 psi).;

     (8) Gas fireplaces shall comply with the following requirements:

     (i) Gas fireplaces shall be capable of automatically extinguishing any pilot flame when the

main gas burner flame is established and when it is extinguished;

     (ii) Gas fireplaces must prevent any ignition source for the main gas burner flame from

operating continuously for more than seven (7) days;

     (iii) Decorative gas fireplaces must have a direct vent configuration, unless marked for

replacement use only; and,

     (iv) Heating gas fireplaces shall have a fireplace efficiency greater than or equal to fifty

percent (50%) when tested in accordance with CSA P.4.1-15, "Testing Method for Measuring

Annual Fireplace Efficiency.".;

     (9) Portable electric spas shall meet the requirements of the "American National Standard

for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC 14-2019).;

     (10) In-line residential ventilating fans shall have a fan motor efficacy of no less than two

and eight-tenths (2.8) cubic feet per minute per watt. All other residential ventilating fans shall have

a fan motor efficacy of no less than one and four-tenths (1.4) cubic feet per minute per watt for

airflows less than ninety (90) cubic feet per minute and no less than two and eight-tenths (2.8) cubic

feet per minute per watt for other airflows when tested in accordance with Home Ventilation

Institute Publication 916 "HVI Airflow Test Procedure.";

     (11) Showerheads shall not exceed a maximum flow rate of two gallons per minute (2.0

gpm) at eighty pounds per square inch (80 psi) when tested in accordance with Appendix S to

Subpart B of Part 430 of Title 10 of the Code of Federal Regulations and compliance with those

requirements shall be -- "Uniform Test Method for Measuring the Water Consumption of Faucets

and Showerheads" -- as in effect on January 1, 2020.;

     (12) Spray sprinkler bodies that are not specifically excluded from the scope of the

WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral

pressure regulator and shall meet the water efficiency and performance criteria and other

requirements of that specification.;

     (13) Urinals and water closets, other than those designed and marketed exclusively for use

at prisons or mental health facilities, shall meet the standards shown in subsections (b)(1) (b)(13)(i)

through (b)(4) (b)(13)(iv) of this section when tested in accordance with Appendix T to Subpart B

of Part 430 of Title 10 of the Code of Federal Regulations -- "Uniform Test Method for Measuring

the Water Consumption of Water Closets and Urinals"-- as in effect on January 1, 2020, and water

closets shall pass the waste extraction test for water closets (Section 7.9) of the American Society

of Mechanical Engineers (ASME) A112.19.2/CSA B45.1-2018.:

     (i) Wall-mounted urinals, except for trough-type urinals, shall have a maximum flush

volume of five-tenths (0.5) gallons per flush.;

     (ii) Floor-mounted urinals, except for trough-type urinals, shall have a maximum flush

volume of five-tenths (0.5) gallons per flush.;

     (iii) Water closets, except for dual-flush tank-type water closets, shall have a maximum

flush volume of one and twenty-eight hundredths (1.28) gallons per flush.; and

     (iv) Dual-flush tank-type water closets shall have a maximum dual flush effective flush

volume of one and twenty-eight hundredths (1.28) gallons per flush.;

     (14) Water coolers included in the scope of the ENERGY STAR Program Requirements

Product Specification for Water Coolers, Version 2.0, shall have on mode with no water draw

energy consumption less than or equal to the following values as measured in accordance with the

test requirements of that program:

     (i) Sixteen hundredths kilowatt hours (0.16 KWh) per day for cold-only units and cook and

cold units;

     (ii) Eighty-seven hundredths kilowatt hours (0.87 KWh) per day for storage type hot and

cold units; and

     (iii) Eighteen hundredths kilowatt hours (0.18 KWh) per day for on demand hot and cold

units.

 

 

 

 

560)

Section

Added Chapter Numbers:

 

39-27.1-5

361 and 363

 

 

39-27.1-5. Implementation.

     (a) No commercial dishwasher, commercial fryer, commercial hot-food holding cabinet,

commercial oven, commercial steam cooker, electric vehicle supply equipment, faucet, gas

fireplace, portable electric spa, residential ventilating fan, showerhead, spray sprinkler body, urinal,

water closet, or water cooler manufactured on or after January 1, 2023, may be sold or offered for

sale, lease, or rent in the state unless the new product meets the requirements of the standards

provided in this chapter.

     (b) One year after the date upon which the sale or offering for sale of certain products

becomes subject to the requirements of subsection (a) of this section, no such products may be

installed for compensation in the state unless the efficiency of the new product meets or exceeds

the efficiency standards provided in § 39-27.1-4.

 

 

 

561)

Section

Added Chapter Numbers:

 

39-27.1-6

361 and 363

 

 

39-27.1-6. New and revised standards.

     The commissioner may adopt regulations, in accordance with the provisions of chapter 35

of title 42, to establish increased efficiency standards for the products listed or incorporated in §

39-27.1-3. In considering such the new or amended standards, the commissioner shall set efficiency

standards upon a determination that increased efficiency standards would serve to promote energy

or water conservation in the state and would be cost effective for consumers who purchase and use

such these new products; provided that, no new or increased efficiency standards shall become

effective within one year following the adoption of any amended regulations establishing such

increased efficiency standards.

 

 

 

 

562)

Section

Added Chapter Numbers:

 

39-27.1-7

361 and 363

 

 

39-27.1-7. Testing; Certification; Labeling; Enforcement.

     (a) The manufacturers of products covered by this chapter shall test samples of their

products in accordance with the test procedures adopted pursuant to this chapter. The commissioner

may adopt updated test methods when new versions of test procedures become available.

     (b) Manufacturers of new products covered by § 39-27.1-3 shall certify to the

commissioner that such the products are in compliance with the provisions of this chapter. Such

The certifications shall be based on test results. The commissioner shall promulgate regulations

governing the certification of such the products and shall coordinate with the certification programs

of other states and federal agencies with similar standards.

     (c) Manufacturers of new products covered by § 39-27.1-3 shall identify each product

offered for sale or installation in the state as in compliance with the provisions of this chapter by

means of a mark, label, or tag on the product and packaging at the time of sale or installation. The

commissioner shall promulgate regulations governing the identification of such the products and

packaging, which shall be coordinated to the greatest practical extent with the labeling programs

of other states and federal agencies with equivalent efficiency standards. The commissioner shall

allow the use of existing marks, labels, or tags, which that connote compliance with the efficiency

requirements of this chapter.

     (d) The commissioner may test products covered by § 39-27.1-3. If products so tested are

found not to be in compliance with the minimum efficiency standards established under § 39-27.1-

4, the commissioner shall:

     (1) Charge the manufacturer of such product for the cost of product purchase and testing;

and

     (2) Make information available to the attorney general and the public on products found

not to be in compliance with the standards.

     (e) With prior notice and at reasonable and convenient hours, the commissioner may cause

periodic inspections to be made of distributors or retailers of new products covered by § 39-27.1-3

in order to determine compliance with the provisions of this chapter. The commissioner shall also

coordinate with the state building code standards committee regarding inspections prior to

occupancy of newly constructed buildings containing new products that are also covered by chapter

27.3 of title 23.

     (f) The commissioner shall investigate complaints received concerning violations of this

chapter and shall report the results of such the investigations to the attorney general. The attorney

general may institute proceedings to enforce the provisions of this chapter. Any manufacturer,

distributor, or retailer, or any person who installs a product covered by this chapter for

compensation, who or that violates any provision of this chapter shall be issued a warning by the

commissioner for any first violation and subject to a civil penalty of up to one hundred dollars

($100) for each offense. Repeat violations shall be subject to a civil penalty of not more than five

hundred dollars ($500) for each offense. Each violation shall constitute a separate offense, and each

day that such the violation continues shall constitute a separate offense. Penalties assessed under

this subsection are in addition to costs assessed under subsection (d) of this section.

     (g) The commissioner may adopt such further regulations as necessary to ensure the proper

implementation and enforcement of the provisions of this chapter.

 

 

 

 

 

563)

Section

Added Chapter Numbers:

 

39-27.1-8

361 and 363

 

 

39-27.1-8. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances is

held invalid, such invalidity shall not affect other provisions or applications of the chapter, which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severabl

 

 

 

 

 

564)

Section

Added Chapter Numbers:

 

39-27.1-9

361 and 363

 

 

9-27.1-9. Effective Date.

     This act shall take effect upon passage, and shall be construed to supersede any conflicting

provisions of chapter 27 of this title 39, "The Energy and Consumer Savings Act of 2005".

 

 

 

 

 

565)

Section

Amended Chapter Numbers:

 

40-8-19

23 and 24

 

 

40-8-19. Rates of payment to nursing facilities.

     (a) Rate reform.

     (1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of

title 23, and certified to participate in Title XIX of the Social Security Act for services rendered to

Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that must be

incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. §

1396a(a)(13). The executive office of health and human services ("executive office") shall

promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1,

2011, to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq.,

of the Social Security Act.

     (2) The executive office shall review the current methodology for providing Medicaid

payments to nursing facilities, including other long-term-care services providers, and is authorized

to modify the principles of reimbursement to replace the current cost-based methodology rates with

rates based on a price-based methodology to be paid to all facilities with recognition of the acuity

of patients and the relative Medicaid occupancy, and to include the following elements to be

developed by the executive office:

     (i) A direct-care rate adjusted for resident acuity;

     (ii) An indirect-care rate comprised of a base per diem for all facilities;

     (iii) A rearray of costs for all facilities every three (3) years beginning October, 2015, that

may or may not result in automatic per diem revisions;

     (iv) Application of a fair-rental value system;

     (v) Application of a pass-through system; and

     (vi) Adjustment of rates by the change in a recognized national nursing home inflation

index to be applied on October 1 of each year, beginning October 1, 2012. This adjustment will not

occur on October 1, 2013, October 1, 2014, or October 1, 2015, but will occur on April 1, 2015.

The adjustment of rates will also not occur on October 1, 2017, October 1, 2018, and October 1,

2019. Effective July 1, 2018, rates paid to nursing facilities from the rates approved by the Centers

for Medicare and Medicaid Services and in effect on October 1, 2017, both fee-for-service and

managed care, will be increased by one and one-half percent (1.5%) and further increased by one

percent (1%) on October 1, 2018, and further increased by one percent (1%) on October 1, 2019.

In addition to the annual nursing home inflation index adjustment, there shall be a base rate staffing

adjustment of one-half percent (0.5%) on October 1, 2021, one percent (1.0%) on October 1, 2022,

and one and one-half percent (1.5%) on October 1, 2023. The inflation index shall be applied

without regard for the transition factors in subsections (b)(1) and (b)(2). For purposes of October

1, 2016, adjustment only, any rate increase that results from application of the inflation index to

subsections (a)(2)(i) and (a)(2)(ii) shall be dedicated to increase compensation for direct-care

workers in the following manner: Not less than 85% of this aggregate amount shall be expended to

fund an increase in wages, benefits, or related employer costs of direct-care staff of nursing homes.

For purposes of this section, direct-care staff shall include registered nurses (RNs), licensed

practical nurses (LPNs), certified nursing assistants (CNAs), certified medical technicians,

housekeeping staff, laundry staff, dietary staff, or other similar employees providing direct-care

services; provided, however, that this definition of direct-care staff shall not include: (i) RNs and

LPNs who are classified as "exempt employees" under the Federal federal Fair Labor Standards

Act (29 U.S.C. § 201 et seq.); or (ii) CNAs, certified medical technicians, RNs, or LPNs who are

contracted, or subcontracted, through a third-party vendor or staffing agency. By July 31, 2017,

nursing facilities shall submit to the secretary, or designee, a certification that they have complied

with the provisions of this subsection (a)(2)(vi) with respect to the inflation index applied on

October 1, 2016. Any facility that does not comply with terms of such certification shall be

subjected to a clawback, paid by the nursing facility to the state, in the amount of increased

reimbursement subject to this provision that was not expended in compliance with that certification.

     (3) Commencing on October 1, 2021, eighty percent (80%) of any rate increase that results

from application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) of this section shall be

dedicated to increase compensation for all eligible direct-care workers in the following manner on

October 1, of each year.

     (i) For purposes of this subsection, compensation increases shall include base salary or

hourly wage increases, benefits, other compensation, and associated payroll tax increases for

eligible direct-care workers. This application of the inflation index shall apply for Medicaid

reimbursement in nursing facilities for both managed care and fee-for-service. For purposes of this

subsection, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs),

certified nursing assistants (CNAs), certified medication technicians, licensed physical therapists,

licensed occupational therapists, licensed speech-language pathologists, mental health workers

who are also certified nurse assistants, physical therapist assistants, housekeeping staff, laundry

staff, dietary staff or other similar employees providing direct-care services; provided, however

that this definition of direct-care staff shall not include:

     (ii) (A) RNs and LPNs who are classified as "exempt employees" under the federal Fair

Labor Standards Act (29 U.S.C. § 201 et seq.); or

     (iii) (B) CNAs, certified medication technicians, RNs or LPNs who are contracted or

subcontracted through a third-party vendor or staffing agency.

     (4)(i) By July 31, 2021, and July 31 of each year thereafter, nursing facilities shall submit

to the secretary or designee a certification that they have complied with the provisions of subsection

(a)(3) of this section with respect to the inflation index applied on October 1. The executive office

of health and human services (EOHHS) shall create the certification form which nursing facilities

must complete with information on how each individual eligible employee's compensation

increased, including information regarding hourly wages prior to the increase and after the

compensation increase, hours paid after the compensation increase, and associated increased

payroll taxes. A collective bargaining agreement can be used in lieu of the certification form for

represented employees. All data reported on the compliance form is subject to review and audit by

EOHHS. The audits may include field or desk audits, and facilities may be required to provide

additional supporting documents including, but not limited to, payroll records.

     (ii) Any facility that does not comply with the terms of certification shall be subjected to a

clawback and twenty-five percent (25%) penalty of the unspent or impermissibly spent funds, paid

by the nursing facility to the state, in the amount of increased reimbursement subject to this

provision that was not expended in compliance with that certification.

     (iii) In any calendar year where no inflationary index is applied, eighty percent (80%) of

the base rate staffing adjustment in that calendar year pursuant to subsection (a)(2)(vi) of this

section shall be dedicated to increase compensation for all eligible direct-care workers in the

manner referenced in subsections (a)(3)(i), (a)(3)(ii)(i)((A), and (a)(3)(iii)(i)(B) of this section.

     (b) Transition to full implementation of rate reform. For no less than four (4) years after

the initial application of the price-based methodology described in subsection (a)(2) to payment

rates, the executive office of health and human services shall implement a transition plan to

moderate the impact of the rate reform on individual nursing facilities. Said The transition shall

include the following components:

     (1) No nursing facility shall receive reimbursement for direct-care costs that is less than

the rate of reimbursement for direct-care costs received under the methodology in effect at the time

of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care

costs under this provision will be phased out in twenty-five-percent (25%) increments each year

until October 1, 2021, when the reimbursement will no longer be in effect; and

     (2) No facility shall lose or gain more than five dollars ($5.00) in its total, per diem rate the

first year of the transition. An adjustment to the per diem loss or gain may be phased out by twenty-

five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall

be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and

     (3) The transition plan and/or period may be modified upon full implementation of facility

per diem rate increases for quality of care-related measures. Said modifications shall be submitted

in a report to the general assembly at least six (6) months prior to implementation.

     (4) Notwithstanding any law to the contrary, for the twelve-month (12) period beginning

July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall

not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. Consistent with the

other provisions of this chapter, nothing in this provision shall require the executive office to restore

the rates to those in effect on April 1, 2015, at the end of this twelve-month (12) period.

 

 

 

 

 

 

 

 

 

 

 

 

566)

Section

Amended Chapter Numbers:

 

40-11-7

117 and 118

 

 

40-11-7. Investigation of reports -- Petition for removal from custody -- Report to child

advocate -- Attorney general -- Court-appointed special advocate-- Children's advocacy

center.

     (a) The department shall investigate reports of child abuse and neglect made under this

chapter in accordance with the rules the department has promulgated and in order to determine the

circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation

shall include personal contact with the child named in the report and any other children in the same

household. Any person required to investigate reports of child abuse and/or neglect may question

the subjects of those reports with or without the consent of the parent or other person responsible

for the child's welfare. The interviewing of the child or children, if they are of the mental capacity

to be interviewed, shall take place in the absence of the person or persons responsible for the alleged

neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is

denied reasonable access to a child by the parents or other person, and that person required to

investigate deems that the best interests of the child so require, they may request the intervention

of a local law enforcement agency, or seek an appropriate court order to examine and interview the

child. The department shall provide such social services and other services as are necessary to

protect the child and preserve the family.

     (b) In the event that after investigation it is determined by the department that the child is

being or has been abused or neglected but that the circumstances of the child's family or otherwise

do not require the removal of the child for his or her protection, the department may allow the child

to remain at home and provide the family and child with access to preventative support and services.

In addition, the department is authorized to petition the family court for an order for the provision

of treatment of the family and child. Provided, further, the department shall notify the children's

advocacy center of all suspected cases of child sexual abuse.

     (c) The department shall have the duty to petition the family court for removal of the child

from the care and custody of the parents, or any other person having custody or care of the child if

there is a determination that a child has been abused or neglected; which results in a child death,

serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which

that represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or

neglect, the department may petition the family court for the removal of the alleged perpetrator of

that abuse, and/or neglect from the household of the child or children when the child or children

are eleven (11) years of age or older. It shall be the responsibility of the department to make the

parent or other person responsible for the child's welfare aware of the court action, the possible

consequences of the court action, and to explain the rights of the parent relative to the court action.

     (d) The department shall forward immediately any reports of institutional child abuse and

neglect to the child advocate who shall investigate the report in accordance with chapter 73 of title

42, and also to any guardian ad litem and/or attorney of record for the child.

     (e) In the event that after investigation the department takes any action regarding placement

of the child, the department shall immediately notify the child advocate of such action.

     (f) In the event that after investigation the department has reasonable cause to know or

suspect that a child has been subjected to criminal abuse or neglect, the department shall forward

immediately any information as it relates to that knowledge or suspicion to the law enforcement

agency.

 

 

 

 

567)

Section

Added Chapter Numbers:

 

40-11-19

19 and 20

 

 

40-11-19. Parents with disabilities.

     The department shall investigate reports of child abuse and neglect as mandated in this

chapter. A parent's disability, as defined in § 42-87-1, will not constitute sole grounds to initiate an

investigation or a finding of child abuse or neglect; provided, that nothing in this section shall:

     (1) Prevent a child from being considered abused or neglected if a child is harmed or

threatened with harm as described in § 40-11-2; or

     (2) Preclude the court from ordering the furnishing of supportive parenting services to

address any impending or actual danger to the child.

 

 

 

568)

Section

Amended Chapter Numbers:

 

41-10-5

400 and 401

 

 

41-10-5. Licensing restrictions.

     (a) The division shall refuse to grant a license, or shall suspend a license, if the applicant

or licensee:

     (1) Has been convicted of a felony, or any crime involving moral turpitude;

     (2) Has engaged in illegal gambling as a significant source of income;

     (3) Has been convicted of violating any gambling statutes;

     (4) Has been convicted of fraud or misrepresentation in any connection; or

     (5) Has been found to have violated any rule, regulation, or order of the division.

     (b) The license heretofore issued shall be suspended by the division for any charge that

may result in a conviction or conduct prescribed in subsections (a)(1) through (a)(5); which

suspension shall be effective until a final judicial determination.

     (c) The division shall refuse to grant, or the division shall suspend, pending a hearing before

the division, a license if the applicant or licensee is an association or corporation:

     (1) Any of whose directors, officers, partners, or shareholders holding a five percent (5%)

or greater interest have been found guilty of any of the activities specified in subsection (a); or

     (2) In which it appears to the division that due to the experience, character, or general

fitness of any director, officer, or controlling partner, or shareholder, the granting of a license would

be inconsistent with the public interest, convenience, or trust.

     (d) Whenever requested by the division, the division of criminal identification of the

department of the attorney general, the superintendent of state police, and the superintendent or

chief of police or town sergeant of any city or town, shall furnish all information on convictions,

arrests, and present investigations concerning any person who is an applicant for a license or who

is a licensee under this chapter.

 

 

 

 

 

 

 

569)

Section

Added Chapter Numbers:

 

42-4-22

47 and 48

 

 

42-4-22. State coral.

     The coral commonly known as "Northern Star Coral" (Astrangia poculata) is designated

as the official state coral.

 

 

 

 

 

570)

Section

Amended Chapter Numbers:

 

42-6.2

1 and 2

 

 

CHAPTER 42-6.2

2021 ACT ON CLIMATE

 

 

 

 

 

571)

Section

Amended Chapter Numbers:

 

42-6.2-1

1 and 2

 

 

42-6.2-1. Creation -- Members.

     There is hereby established within the executive branch of state government a Rhode Island

executive climate change coordinating council (the "council") comprised of officials from state

agencies with responsibility and oversight relating to assessing, integrating, and coordinating

climate change efforts. The council shall include, but not be limited to, the following members: the

director of the department of environmental management; the executive director of the coastal

resources management council; the director of the department of administration; the director of the

department of transportation; the director of the department of health; the director of the emergency

management agency; the commissioner of the office of energy resources; the director of the

division of planning; the executive director of the Rhode Island infrastructure bank; the

administrator of the division of public utilities and carriers; the chief executive officer of the Rhode

Island public transit authority; the secretary of the executive office of health and human services;

and the chief executive officer secretary of the Rhode Island commerce corporation.

 

 

 

 

 

 

 

 

 

 

 

572)

Section

Amended Chapter Numbers:

 

42-6.2-2

1 and 2

 

 

42-6.2-2. Purpose of the council.

     (a) The council shall have the following duties:

     (1) Assess, integrate, and coordinate climate change efforts throughout state agencies to

reduce emissions, strengthen the resilience of communities and infrastructure, and prepare for the

effects on climate change, including, but not limited to, coordinating vulnerability assessments

throughout state government;

     (2)(i) No later than December 31, 2017 December 31, 2025, and every five (5) years

thereafter, submit to the governor and general assembly a an updated plan, following an opportunity

for public comment, that includes strategies, programs, and actions to meet economy-wide

enforceable targets for greenhouse gas emissions reductions as follows:

     (A) Ten percent (10%) below 1990 levels by 2020;

     (B) Forty-five percent (45%) below 1990 levels by 2035 2030;

     (C) Eighty percent (80%) below 1990 levels by 2050 2040;

     (D) Net-zero emissions by 2050.

     No action shall be brought pursuant to: subsection (a)(2)(i)(B) of this section before 2031,

pursuant to subsection (a)(2)(i)(C) of this section before 2041, and pursuant to subsection

(a)(2)(i)(D) of this section before 2051.

     (ii) The plan shall also include procedures and public metrics for periodic measurement,

not less frequently than once every five (5) years, of progress necessary to meet these targets and

for evaluating the possibility of meeting higher targets through cost-effective measures.

     (ii) The plan shall specifically study the effectiveness of the state and/or multi-state carbon

pricing program to incentivize institutions and industry to reduce carbon emissions. The study shall

include the effectiveness of allocating revenues generated from such carbon pricing program to

fund enhanced incentives to institutions and industry for targeted efficiency measures; projected

emissions reductions; economic impact to businesses; any economic benefits to Rhode Island; and

impacts to the state's economic competitiveness if the program were implemented.

     (iii) The plan shall address in writing the annual input that is provided to the council by its

advisory board, as set forth in § 42-6.2-4, and its science and technical advisory board, as set forth

in § 42-6.2-5, in their reports to the council.

     (iv) If a plan directs an agency to promulgate regulations, then the agency must do so by

either issuing an advance notice of proposed rulemaking, as set forth in § 42-35-2.5, no later than

six (6) months after the plan is released or by issuing a notice of proposed rulemaking, as set forth

in § 42-35-2.7, no later than one year after the plan is released, unless the plan specifies another

timeframe for an advance notice of rulemaking or a notice of rulemaking.

     (v) The plan shall include an equitable transition to climate compliance for environmental

justice populations, redress past environmental and public health inequities, and include a process

where the interests of and people from populations most vulnerable to the effects of climate change

and at risk of pollution, displacement, energy burden, and cost influence such plan.

     (vi) The plan shall identify support for workers during this equitable transition to address

inequity in the state by creating quality and family-sustaining clean energy jobs that pay wages and

benefits consistent with or that exceed area wage and labor standards. The plan shall provide for

the development of programs that directly recruit, train, and retain those underrepresented in the

workforce, including women, people of color, indigenous people, veterans, formerly incarcerated

people, and people living with disabilities.

     (vii) The requirements under this subsection shall be subject to the enforcement provisions

of § 42-6.2-10 effective in 2026.

     (viii) No later than December 31, 2022, the council shall submit to the governor and the

general assembly an update to the greenhouse gas emission's reduction plan dated "December

2016" which shall not be subject to the requirements of § 42-6.2-2 subsections (a)(2)(ii) through

(a)(2)(vi) of this section. No action shall be brought pursuant to subsection (a)(2)(viii) of this

section before 2023.;

     (3) Advance the state's understanding of the effects on climate change including, but not

limited to,: sea level rise,; coastal and shoreline changes,; severe weather events,; critical

infrastructure vulnerability,; food security,; and ecosystem, economic, and health impacts,

including the effects of carbon pollution on children's health;

     (4) Identify strategies to prepare for these effects and communicate them to Rhode

Islanders, including strategies that incentivize businesses, institutions, and industry to adapt to

climate change;

     (5) Work with municipalities to support the development of sustainable and resilient

communities;

     (6) Identify and leverage federal, state, and private funding opportunities for emission

reduction and climate change preparedness and adaption work in Rhode Island;

     (7) Advise the governor, the general assembly, and the public on ways to ensure that Rhode

Island continues to be a national leader in developing and implementing strategies that effectively

address the challenges on climate change;

     (8) Work with other New England states to explore areas of mutual interest to achieve

common goals; and

     (9) Identify and facilitate opportunities to educate the public about climate change and

efforts throughout state agencies and municipalities to address climate change.

     (b) The council is encouraged to utilize the expertise of Rhode Island universities and

colleges in carrying out the duties described in subsection (a) of this section, specifically to ensure

that the state's efforts to mitigate and adapt to climate change are based on the best available

scientific and technical information, and to optimize the contribution by the universities and

colleges of their expertise and experience in research, analysis, modeling, mapping, applications to

on-the-ground situations, technical assistance, community outreach, and public education.

 

 

 

 

573)

Section

Amended Chapter Numbers:

 

42-6.2-3

1 and 2

 

 

42-6.2-3. Support for the council.

     To support the council's work, state agencies shall:

     (1) Assist the council in implementing the provisions of this chapter;

     (2) Develop short-and short- and long-term greenhouse gas emission reduction strategies

and track the progress of these strategies;

     (3) To Lead by example and, to the maximum extent feasible, purchase alternative fuel,

hybrid, and electric vehicles that produce lower total emissions of greenhouse gases and develop

programs to encourage state employees to reduce their vehicle miles and use sustainable

transportation alternatives, including public transit systems;

     (4) Implement programs to achieve energy savings in state and municipal buildings to

reduce greenhouse gases, reduce expenditures on energy, and stimulate economic and job

development;

     (5) Increase the deployment of in-state generation of renewable energy and energy

efficiency;

     (6) Support efforts to expand Rhode Island's green economy and develop green

infrastructure;

     (7) Assess the vulnerability of infrastructure and natural systems, including, but not limited

to, roads, bridges, dams, and wastewater and drinking water treatment facilities, and riverine and

coastal habitats, to impacts on climate change and recommend implement strategies to relocate or

protect and adapt these assets;

     (8) Work with relevant academic institutions and federal agencies to assess the threats of

sea level rise, erosion, and storm surge, and communicate these assessments and threats, along with

potential tools to address them, to state agencies and affected communities;

     (9) Develop plans, policies, and solutions based on the latest science to ensure the state

continues to have a vibrant coastal economy, including protection of critical infrastructure, and a

vibrant and resilient food system that can provide affordable access to healthy food for all Rhode

Islanders;

     (10) Develop a climate and health profile report that documents the range of Address

recommendations to reduce health impacts associated with climate change and identifies protect

the most vulnerable populations most vulnerable to the effects of climate change and at risk of

pollution, displacement, energy burden, and cost;

     (11) Encourages Encourage municipalities to incorporate climate change adaptation into

local hazard mitigation plans and, when feasible, into hazard mitigation projects; and

     (12) Take affirmative steps to eliminate and avoid duplication of effort through consistent

coordination between agencies and programs, and pooling of resources, so as to make the most

cost-efficient use of the state resources and provide the most effective services.; and

     (13) Foster public transparency by developing public metrics and an online public

dashboard that shall track both emissions reductions and sources of energy consumed by the state.

The metrics and the dashboard shall be updated at least annually.

 

 

 

 

574)

Section

Amended Chapter Numbers:

 

42-6.2-7

1 and 2

 

 

42-6.2-7. Reporting.

     No later than May 1, 2015, and annually thereafter, the council shall issue a report of its

findings, recommendations, and progress on achieving the purposes and requirements of this

chapter.

 

 

 

 

575)

Section

Amended Chapter Numbers:

 

42-6.2-8

1 and 2

 

 

42-6.2-8. Powers and duties of state agencies -- Exercise of existing authority.

     Consideration of Addressing the impacts on climate change shall be deemed to be within

the powers, and duties, and obligations of all state departments, agencies, commissions, councils,

and instrumentalities, including quasi-public agencies, and each shall be deemed to have and to

exercise among its purposes in the exercise of its existing authority, the purposes set forth in this

chapter pertaining to climate change mitigation, adaption adaptation, and resilience in so far as

climate change affects the its mission, duties, responsibilities, projects, or programs of the entity.

Each agency shall have the authority to promulgate rules and regulations necessary to meet the

greenhouse gas emission reduction mandate established by § 42-6.2-9.

 

 

 

 

576)

Section

Added Chapter Numbers:

 

42-6.2-9

1 and 2

 

 

42-6.2-9. Statewide greenhouse gas emission reduction mandate.

     Mandatory targets for emissions reduction:

     It is hereby established that the state shall reduce its statewide greenhouse gas emissions

to the targets set forth in § 42-6.2-2(a)(2)(i), as those targets may be from time to time be revised,

and that achieving those targets shall be mandatory under the provisions of this chapter. The targets

at the time of the enactment of this act are that greenhouse gas emissions shall be ten percent (10%)

below 1990 levels by 2020, shall be forty-five percent (45%) below 1990 levels by 2030; eighty

percent (80%) below 1990 levels by 2040, and shall be net-zero emissions by 2050.

 

 

 

 

577)

Section

Added Chapter Numbers:

 

42-6.2-10

1 and 2

 

 

42-6.2-10. Enforcement.

     (a) The provisions of this chapter may be enforced by means of an action in the superior

court seeking either injunctive relief, a declaratory judgment, a writ of mandamus, or any

combination thereof, for:

     (1) Climate plans required by § 42-6.2-2(a)(2); or

     (2) The greenhouse gas emissions reduction mandate required by § 42-6.2-9.

     (b) No such action may be commenced without the plaintiff providing written notice of the

violations of this chapter to defendants at least sixty (60) days prior to filing a legal action in

superior court. Where the defendant is a government entity, no costs or fees shall be awarded if a

court determines that substantive action was taken during the sixty- (60) day (60) period. No such

action shall be brought before 2026.

     (c) Unless otherwise authorized in this chapter, no such action shall be brought prior to

2026.

     (d) Venue for such actions shall be proper in the superior court.

     (e) The Rhode Island attorney general, any Rhode Island resident, and any Rhode Island

corporation, company, organization, nonprofit, or other Rhode Island legal entity or organization

registered with the Rhode Island secretary of state may bring a civil action to enforce this chapter.

     (f) The court may award costs of litigation (including reasonable attorney and expert

witness fees) to any substantially prevailing party. Provided, however, nothing in this section shall

restrict any right which any person (or class of persons) may have under any statute or common

law.

 

 

 

 

 

578)

Section

Added Chapter Numbers:

 

42-6.2-11

1 and 2

 

 

42-6.2-11. Liberal construction.

     This chapter, being necessary for the welfare of the state and its inhabitants, shall be

liberally construed so as to effectuate its purposes.

 

 

 

 

579)

Section

Added Chapter Numbers:

 

42-6.2-12

1 and 2

 

 

42-6.2-12. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any

court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate

the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph,

section, or part directly involved in the controversy in which that judgment shall have been

rendered.

 

 

 

 

580)

Section

Amended Chapter Numbers:

 

42-9-12.1

261 and 268

 

 

42-9-12.1. Annual gun crimes law enforcement report.

     (a) The attorney general shall annually, on or before March 31, make a report in writing to

the general assembly showing the transactions of the attorney general's office in relation to the

enforcement of law with respect to crimes involving a gun during the prior year ending on

December 31.

     (b) The report shall show for each of the counties of the state contain the total number of

non-warranted indictments and information cases with respect to crimes charges involving a gun

firearm in all courts in the state of Rhode Island pending filed at the beginning of during the

calendar year,. The report shall also contain all and the number of warranted indictments and

information cases with respect to crimes charges involving a firearm which that have been disposed

of during the calendar gun pending at the beginning of the year, the number of indictments returned

and informations filed in these cases during the year, the number of indictments and informations

disposed of in these cases during the year:

     (1) By jury trial;

     (2) By jury waived trial;

     (3) Without jury trial on plea of guilty or nolo contendere; and

     (4) By a nol pros; and the number of non-warranted and warranted indictments and

informations pending at the end of the year.

     (c) The report shall also show the number of offenders in these cases punished by sentence

or imprisonment, or by the payment of a fine, or by both fine and imprisonment, or by suspended

or deferred sentence or probation disposition of each case, with the sentences and fines specified

in each instance.

     (d) The report shall be subdivided to show the sex of the offenders and the age of the

offenders, arranged by decades. by and specifically include each court docket number and the

charge or charges associated with it.

     (e) For each report beginning with the report due March 31, 2023, the reports shall show

whether the firearm or firearms at issue in each case was a rifle, semi-automatic rifle, shotgun,

revolver, semi-automatic handgun, or miscellaneous firearm.

     (f) The report shall be compiled using statistics provided by the Rhode Island statewide

judicial information system and may be supplemented by data maintained by the attorney general's

office.

 

 

 

 

581)

Section

Amended Chapter Numbers:

 

42-17.6-4

147 and 148

 

 

42-17.6-4. Right to adjudicatory hearing.

     (a) Whenever the director seeks to assess an administrative penalty on any person other

than through an expedited citation issued pursuant to subsection § 42-17.6-3(c), the person shall

have the right to an adjudicatory hearing under chapter 35 of this title, the provisions of which shall

apply except when they are inconsistent with the provisions of this chapter.

     (b) A person shall be deemed to have waived his or her right to an adjudicatory hearing

unless, within ten (10) twenty (20) days of the date of the director's notice that he or she seeks to

assess an administrative penalty, the person files with the director or the clerk of the administrative

adjudication division a written statement denying the occurrence of any of the acts or omissions

alleged by the director in the notice, or asserting that the money amount of the proposed

administrative penalty is excessive. In any adjudicatory hearing authorized pursuant to chapter 35

of title 42 this title, the director shall, by a preponderance of the evidence, prove the occurrence of

each act or omission alleged by the director.

     (c) If a person waives his or her right to an adjudicatory hearing, the proposed

administrative penalty shall be a final agency order immediately upon the waiver. The director may

institute injunctive proceedings in the superior court for Providence County for enforcement of the

final administrative penalty as a final agency order.

 

 

 

 

582)

Section

Amended Chapter Numbers:

 

42-17.10-1

98 and 99

 

 

42-17.10-1. Civil Violations -- Jurisdiction -- Penalties.

     In order to handle minor environmental offenses in a fair and expeditious manner, the

following environmental offenses are declared to be civil violations and shall be within the

jurisdiction of the Rhode Island traffic tribunal. Penalties assessed for violations shall correspond

to the fines described.

20-1-12 Fixing of seasons and bag limits $100.00

20-11-20 Fresh water fishing – Penalties $100.00

20-13-16 Harassment of hunters, trappers, and fishers minimum of

$100.00, not to

exceed $500.00

20-16-17 Prohibition against hunting/killing otter $100.00

23-22.5-9 Swimming in breachways prohibited not to exceed

fifty dollars

$50.00

32-2-4 Parks and recreational areas – Rules and Regulations

Enforcement – Power of director not to exceed

one hundred

dollars $100.00

46-22-19(1) Regulation of boats – Penalties not to exceed

one hundred

      dollars $100.00

 

 

 

 

 

583)

Section

Added Chapter Numbers:

 

42-28.10

304 and 305

 

 

CHAPTER 42-28.10

STATEWIDE PUBLIC SAFETY COMPUTER AIDED RECORDS MANAGEMENT

SYSTEM

 

 

 

 

 

584)

Section

Added Chapter Numbers:

 

42-28.10-1

304 and 305

 

 

42-28.10-1. Statewide records management system.

     (a) The director of the department of public safety in his/her the director’s capacity as

superintendent of the division of state police is hereby authorized and empowered to provide for

the installation, operation, and maintenance of a statewide dispatch and records management

system (RMS). The statewide records management system shall provide for the storage, exchange,

retrieval, retention, manipulation, archiving, and viewing of information, records, documents, or

files pertaining to law enforcement operations. Such The records may include, but not be limited

to,: incident and accident reports, arrests, citations, warrants, case management, field contacts,

final dispositions, and other operations-oriented records.

     (b) State and local sworn law enforcement agencies are authorized to interface, at their own

expense, with the RMS for the exchange of information provided by the system.

     (c) The department of public safety is authorized to promulgate rules and regulations

necessary to implement the provisions of this chapter. All rules, regulations, and policies authorized

under this chapter shall be promulgated in accordance with chapter 35 of this title 42, the

administrative procedures act, and shall be in effect prior to an implementation of the RMS.

 

 

 

 

585)

Section

Added Chapter Numbers:

 

42-28.10-2

304 and 305

 

 

42-28.10-2. Record Records management system board of advisors - Established.

     (a) There is hereby established a board of advisors for the Rhode Island records

management system. The board's purpose shall be to advise the department of public safety on the

implementation of this chapter.

     (b) The board shall include the following: One member who shall be a representative of

the Rhode Island Association of Fire Chiefs, or designee; one member who shall be the Rhode

Island attorney general, or designee; one member who shall be the chief of the Providence police

department, or designee; one member of a law enforcement agency from a city or town with fewer

than twenty-five thousand (25,000) residents to be appointed by the Rhode Island Police Chiefs

Association; one member of a law enforcement agency from a city or town with twenty-five

thousand (25,000) residents or more, to be appointed by the Rhode Island Police Chiefs

Association; one member who shall be the President of the Rhode Island Police Chiefs Association,

or designee; one member who shall be the director of the Rhode Island department of

transportation's office on highway safety, or designee; one member who shall be the superintendent

of the state police, or designee; and one member from a sworn law enforcement agency within the

department of public safety. The director of public safety shall also appoint members to the board

from state agencies with an interest in law enforcement records management.

     (c) A majority of the board shall elect the chair of the board on an annual basis.

 

 

 

 

586)

Section

Added Chapter Numbers:

 

42-28.10-3

304 and 305

 

 

42-28.10-3. Privacy policy and protections.

     (a) The RMS shall be responsible for safeguarding all collected information and shall

comply with all state and federal privacy laws in order to protect privacy rights, civil rights, and

civil liberties in the collection, use, analysis, retention, destruction, sharing, and disclosure of

information. Information gathered and retained by the RMS may only be accessed, stored, or

disseminated for the specific purpose of administering the provisions of this chapter and shall only

be accessed by authorized users to have such access and only for those uses or purposes specified

by law.

     (b) The RMS shall not retain personal information for a period longer than is reasonably

required to carry out the purposes of this chapter.

     (c) The department of public safety is hereby directed to develop and maintain a privacy

policy which that shall ensure safeguards are in place to protect personal information from

unlawful access, sharing and/or second party dissemination. The privacy policy shall include

maintaining an access log.

     (d) Any request for access to public records pursuant to the provisions of chapter 2 of title

38 shall be made to the agency that created the record.

 

 

 

 

587)

Section

Added Chapter Numbers:

 

42-28.10-4

304 and 305

 

 

42-28.10-4. Collection of fees.

     Any participating law enforcement agency shall be required to pay a user fee to be

determined by the department of public safety in consultation with the board. Fees paid pursuant

to this section shall be maintained in a restricted receipt account pursuant to this chapter for the

exclusive purpose of implementing the provisions of this chapter.

 

 

 

 

588)

Section

Added Chapter Numbers:

 

42-28.10-5

304 and 305

 

 

42-28.10-5. Restricted receipt account.

     There is hereby created a restricted receipt account within the general fund of the state to

be known as the statewide records management system account. Fees collected pursuant to § 42-

28.10-4 shall be deposited into this account and be used for costs associated with the system. The

restricted receipt account shall be included in the budget of the division of the state police. All

expenditures from the account shall be subject to appropriation by the general assembly. Any other

available grants or funds from a public or private source may be deposited in the account and used

for associated costs. This restricted receipt account shall not be subject to the provisions of § 35-4-

27.

 

 

 

 

589)

Section

Added Chapter Numbers:

 

42-28.10-6

304 and 305

 

 

42-28.10-6. Annual reporting.

     The director of public safety shall annually provide a report to the speaker of the house,

and the president of the senate. The report shall include and document the systems system’s annual

activity including, but not limited to, the data reported and the number of reports entered into the

system.

 

 

 

 

590)

Section

Amended Chapter Numbers:

 

 

42-46-5

51 and 52

 

 

 

42-46-5. Purposes for which meeting may be closed -- Use of electronic

communications -- Judicial proceedings -- Disruptive conduct.

     (a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one

or more of the following purposes:

     (1) Any discussions of the job performance, character, or physical or mental health of a

person or persons provided that such the person or persons affected shall have been notified in

advance in writing and advised that they may require that the discussion be held at an open meeting.

     Failure to provide such notification shall render any action taken against the person or

persons affected null and void. Before going into a closed meeting pursuant to this subsection, the

public body shall state for the record that any persons to be discussed have been so notified and

this statement shall be noted in the minutes of the meeting.

     (2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to

collective bargaining or litigation.

     (3) Discussion regarding the matter of security including, but not limited to, the deployment

of security personnel or devices.

     (4) Any investigative proceedings regarding allegations of misconduct, either civil or

criminal.

     (5) Any discussions or considerations related to the acquisition or lease of real property for

public purposes, or of the disposition of publicly held property wherein advanced public

information would be detrimental to the interest of the public.

     (6) Any discussions related to or concerning a prospective business or industry locating in

the state of Rhode Island when an open meeting would have a detrimental effect on the interest of

the public.

     (7) A matter related to the question of the investment of public funds where the premature

disclosure would adversely affect the public interest. Public funds shall include any investment

plan or matter related thereto, including, but not limited to, state lottery plans for new promotions.

     (8) Any executive sessions of a local school committee exclusively for the purposes: (i) of

Of conducting student disciplinary hearings; or (ii) of Of reviewing other matters which that relate

to the privacy of students and their records, including all hearings of the various juvenile hearing

boards of any municipality; provided, however, that any affected student shall have been notified

in advance in writing and advised that he or she may require that the discussion be held in an open

meeting.

     Failure to provide such notification shall render any action taken against the student or

students affected null and void. Before going into a closed meeting pursuant to this subsection, the

public body shall state for the record that any students to be discussed have been so notified and

this statement shall be noted in the minutes of the meeting.

     (9) Any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining

agreement.

     (10) Any discussion of the personal finances of a prospective donor to a library.

     (b) No meeting of members of a public body or use of electronic communication, including

telephonic communication and telephone conferencing, shall be used to circumvent the spirit or

requirements of this chapter; provided, however, these meetings and discussions are not prohibited.

     (1) Provided, further however, that discussions of a public body via electronic

communication, including telephonic communication and telephone conferencing, shall be

permitted only to schedule a meeting, except as provided in this subsection.

     (2) Provided, further however, that a member of a public body may participate by use of

electronic communication or telephone communication while on active duty in the armed services

of the United States.

     (3) Provided, further however, that a member of that public body, who has a disability as

defined in chapter 87 of title 42 this title and:

     (i) Cannot attend meetings of that public body solely by reason of his or her the member’s

disability; and

     (ii) Cannot otherwise participate in the meeting without the use of electronic

communication or telephone communication as reasonable accommodation, may participate by use

of electronic communication or telephone communication in accordance with the process below.

     (4) The governor's commission on disabilities is authorized and directed to:

     (i) Establish rules and regulations for determining whether a member of a public body is

not otherwise able to participate in meetings of that public body without the use of electronic

communication or telephone communication as a reasonable accommodation due to that member's

disability;

     (ii) Grant a waiver that allows a member to participate by electronic communication or

telephone communication only if the member's disability would prevent him/her the member from

being physically present at the meeting location, and the use of such communication is the only

reasonable accommodation; and

     (iii) Any waiver decisions shall be a matter of public record.

     (5) The university of Rhode Island board of trustees members, established pursuant to §

16-32-2, are authorized to participate remotely in open public meetings of the board if they are

unable to be physically present at the meeting location; provided, however, that:

     (i) The remote members and all persons present at the meeting location are clearly audible

and visible to each other;

     (ii) A quorum of the body is physically present at the noticed meeting location;

     (iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting

shall inform the public that videoconferencing will be used and include instructions on how the

public can access the virtual meeting; and

     (iv) The board shall adopt rules defining the requirements of remote participation including

its use for executive session, and the conditions by which a member is authorized to participate

remotely.

     (c) This chapter shall not apply to proceedings of the judicial branch of state government

or probate court or municipal court proceedings in any city or town.

     (d) This chapter shall not prohibit the removal of any person who willfully disrupts a

meeting to the extent that orderly conduct of the meeting is seriously compromised.

   

 

 

 

 

 

591)

Section

Amended Chapter Numbers:

 

 

42-46-7

217 and 366

 

 

 

42-46-7. Minutes.

     (a) All public bodies shall keep written minutes of all their meetings. The minutes shall

include, but need not be limited to:

     (1) The date, time, and place of the meeting;

     (2) The members of the public body recorded as either present or absent;

     (3) A record by individual members of any vote taken; and

     (4) Any other information relevant to the business of the public body that any member of

the public body requests be included or reflected in the minutes.

     (b) (1) A record of all votes taken at all meetings of public bodies, listing how each member

voted on each issue, shall be a public record and shall be available to the public at the office of the

public body within two (2) weeks of the date of the vote. The minutes shall be public records and

unofficial minutes shall be available to the public at the office of the public body within thirty-five

(35) days of the meeting or at the next regularly scheduled meeting, whichever is earlier, except

where the disclosure would be inconsistent with §§ 42-46-4 and 42-46-5 or where the public body

by majority vote extends the time period for the filing of the minutes and publicly states the reason.

     (2) In addition to the provisions of subsection (b)(1), all volunteer fire companies,

associations, fire district companies, or any other organization currently engaged in the mission of

extinguishing fires and preventing fire hazards, whether it is incorporated or not, and whether it is

a paid department or not, shall post unofficial minutes of their meetings within twenty-one (21)

days of the meeting, but not later than seven (7) days prior to the next regularly scheduled meeting,

whichever is earlier, on the secretary of state's website. Except for discussions related to finances,

the provisions of this subsection shall not apply to a volunteer fire company if the matters of the

volunteer fire company are under the supervision, control, or jurisdiction of another public body.

     (c) The minutes of a closed session shall be made available at the next regularly scheduled

meeting unless the majority of the body votes to keep the minutes closed pursuant to §§ 42-46-4

and 42-46-5.

     (d) All public bodies shall keep official and/or approved minutes of all meetings of the

body and shall file a copy of the minutes of all open meetings with the secretary of state for

inspection by the public within thirty-five (35) days of the meeting; provided that this subsection

shall not apply to public bodies whose responsibilities are solely advisory in nature.

     (e) All minutes and unofficial minutes required by this section to be filed with the secretary

of state shall be electronically transmitted to the secretary of state in accordance with rules and

regulations that shall be promulgated by the secretary of state. If a public body fails to transmit

minutes or unofficial minutes in accordance with this subsection, then any aggrieved person may

file a complaint with the attorney general in accordance with § 42-46-8.

 

 

 

 

 

592)

Section

Amended Chapter Numbers:

 

42-61-5

400 and 401

 

 

42-61-5. Sales agents.

     (a) For the purpose of this chapter, the term "person" shall be construed to mean and include

an individual, association, partnership, corporation, trust, estate, company, receiver, trustee,

referee, or other person acting in a fiduciary or representative capacity, whether appointed by a

court or otherwise, and any combination of individuals. "Person" shall be construed to mean all

departments, committees, commissions, agencies, and instrumentalities of the state, including

counties and municipalities and agencies and instrumentalities of the state.

     (b)(1) The director of lotteries may license any person as a lottery sales agent as provided

in this chapter. No license shall be issued to any person to engage in the sale of lottery tickets as

his or her sole occupation or business.

     (2) As part of its investigation as to whether to issue a lottery sales agent license, the Rhode

Island lottery shall require criminal background checks of the applicant for a retail sales agent

license as it deems appropriate and said individuals shall apply to the bureau of criminal

investigation of the Rhode Island state police or the Rhode Island department of the attorney general

for a national criminal records check with fingerprinting. The applicant whose criminal records

check is being conducted shall be responsible for the payment of the costs of said criminal records

check. The Rhode Island state police or the Rhode Island department of attorney general, as

applicable, shall send the results of such criminal records check to the Rhode Island lottery. Once

said results are sent to and received by the Rhode Island lottery, the Rhode Island state police and

the Rhode Island department of attorney general shall promptly destroy said fingerprint record(s).

On or before February 1, 2011, the agency shall adopt rules and regulations establishing criteria to

be used in determining whether based upon a criminal records check an application will be

approved.

     (c) Before issuing any license to a lottery sales agent the director shall consider:

     (1) The financial responsibility and security of the person and his or her business or

activity;

     (2) The accessibility of his or her place of business or activity to the public;

     (3) The sufficiency of existing licensed agents to serve the public interest;

     (4) The volume of expected sales by the applicant;

     (5) Any other factors pertaining to the public interest, convenience or trust.

     (d) The director shall refuse to grant or shall suspend, pending a hearing before the division,

or recommend a revocation of a license if the applicant or licensee:

     (1) Has been convicted of a felony, or any crime involving moral turpitude;

     (2) Has been engaging in gambling as a significant source of income;

     (3) Has been convicted of violating any gambling statutes;

     (4) Has been convicted of fraud or misrepresentation in any connection;

     (5) Has been found to have violated any rule, regulation, or order of the state lottery

division.

     The license of an agent shall be suspended by the director for any charge which may result

in a conviction for conduct prescribed in subdivisions (d)(1) -- (d)(5); which suspension shall be

effective until a final judicial determination.

     (e) The director shall refuse to grant, or shall suspend, pending a hearing before the

division, or recommend revocation of a license if the applicant or licensee is a corporation:

     (1) Any of whose directors, officers, or controlling shareholders have been found guilty of

any of the activities specified in subsection (d);

     (2) In which it appears to the director of lotteries that due to the experience, character, or

general fitness of any director, officer, or controlling shareholder, the granting of a license as a

lottery sales agent would be inconsistent with the public interest, convenience, or trust;

     (3) Not the owner or lessee of the business at which it will conduct a lottery sales agency

pursuant to the license applied for, or that any person, firm, association, or corporation other than

the applicant shares or will share in the profits of the applicant, other than receiving dividends as a

shareholder, or will participate in the management of the affairs of the applicant.

     (f) Every holder of a license as a lottery sales agent shall renew the license annually

pursuant to the rules and regulations of the division. Licensees shall pay to the division a fee to be

determined by the director upon receipt or renewal of a license.

     (g) Whenever requested by the director, the division of criminal identification of the

department of the attorney general, the superintendent of state police, any superintendent or chief

of police or sergeant of any city or town, shall furnish all information on convictions, arrests and

present investigations concerning any person who is an applicant for a license or who is a licensee

of the state lottery.

     (h) Notwithstanding any other provision of law, any person licensed as provided in this

chapter is authorized and empowered to act as a lottery sales agent.

     (i) Every licensed sales agent authorized pursuant to this section and every licensed, video-

lottery retailer authorized by chapter 61.2 of this title shall keep conspicuously posted on his or her

premises the name and telephone number of a council on problem gambling recognized by an

appropriate authority within state government or within the professional field of addiction disorders

and a statement of its availability to offer assistance. The lottery division shall supply each licensee

with the required notice.

 

 

 

 

593)

Section

Amended Chapter Numbers:

 

42-61.2-1

41 and 42

 

 

42-61.2-1. Definitions.

     For the purpose of this chapter, the following words shall mean:

     (1) "2017 Budget Act" means 2017 – H 5175 Substitute A, as amended, entitled "An Act

Relating to Making Appropriations for the Support of the State for the Fiscal Year ending June 30,

2018," which Act was signed into law by the Governor of Rhode Island on August 3, 2017.

     (1)(2) "Casino gaming" means any and all table and casino-style games played with cards,

dice, or equipment, for money, credit, or any representative of value; including, but not limited to,:

roulette, blackjack, big six, craps, poker, baccarat, paigow, any banking or percentage game, or any

other game of or device included within the definition of Class III gaming as that term is defined

in Section 2703(8) of Title 25 of the United States Code and that is approved by the state through

the division of state lottery.

     (2)(3) "Central communication system" means a system approved by the lottery division

Division, linking all video-lottery machines Video Lottery Terminals at a licensee licensed video

lottery retailer location to provide auditing program information and any other information

determined by the lottery Division. In addition, the central communications system must provide

all computer hardware and related software necessary for the establishment and implementation of

a comprehensive system as required by the division Division. The central communications licensee

may provide a maximum of fifty percent (50%) of the video-lottery terminals.

     (3)(4) “Collegiate sports or athletic event" shall not include a collegiate sports contest or

collegiate athletic event that takes place in Rhode Island or a sports contest or athletic event in

which any Rhode Island college team participates regardless of where the event takes place.

     (5) "Consolidated promotional points program" means, collectively, the "Initial

Promotional Points Program" and the "Supplementary Promotional Points Program" applicable to

the Lincoln gaming facility and the "Initial Promotional Points Program" and the "Supplementary

Promotional Points Program" applicable to the Tiverton gaming facility, with each of the terms

"Initial Promotional Points Program" and "Supplementary Promotional Points Program" having the

meanings given such terms in the 2017 Budget Act.

     (4)(6) "Credit facilitator" means any employee of a licensed video-lottery video lottery

retailer approved in writing by the division Division whose responsibility is to, among other things,

review applications for credit by players, verify information on credit applications, grant, deny, and

suspend credit, establish credit limits, increase and decrease credit limits, and maintain credit files,

all in accordance with this chapter and rules and regulations approved by the division Division.

     (5)(7) "DBR" means the department of business regulation, division of gaming and

athletics licensing, and/or any successor in interest thereto.

     (6)(8) "Director" means the director of the division Division.

     (7)(9) "Division," "division of lottery," "division of lotteries," or "lottery division" means

the division of lotteries within the state lottery division of the department of revenue and/or any

successor in interest thereto.

     (8)(10) "Hosting facility" refers to Twin River the Lincoln gaming facility and the Tiverton

gaming facility.

     (11) “IGT” means IGT Global Solutions Corporation, a Delaware corporation.

     (9)(12) "Licensed video-lottery video lottery retailer" means a pari-mutuel licensee

specifically licensed by the director Director subject to the approval of the division Division to

become a licensed video-lottery video lottery retailer.

     (13) "Lincoln gaming facility" means the gaming and entertainment facility located at 100

Twin River Road in the town of Lincoln, Rhode Island (sometimes referred to as "Twin River" or

the "Twin River gaming facility").

     (14) "Marketing Year" means the fiscal year of the state.

     (10)(15) "Net table-game revenue" means win from table games minus counterfeit

currency.

     (11)(16) "Net terminal income" means currency placed into a video-lottery terminal Video-

Lottery Terminal less credits redeemed for cash by players.

     (12)(17) "Newport Grand" means Newport Grand, LLC, a Rhode Island limited-liability

company, successor to Newport Grand Jai Alai, LLC, and each permitted successor to and assignee

of Newport Grand, LLC under the Newport Grand Master Contract, including, but not limited to

without limitation, Premier Entertainment II, LLC (as defined in subsection (25) of this section)

and/or Twin River-Tiverton, LLC, (as defined in subsection (40) of this section) provided it is a

pari-mutuel licensee (as defined in § Section 42-61.2-1 et seq.) this section); provided, further,

however, where the context indicates that the term is referring to the physical facility, then it shall

mean the gaming and entertainment facility located at 150 Admiral Kalbfus Road, Newport, Rhode

Island.

     (13)(18) "Newport Grand Marketing Year" means each fiscal year of the state or a portion

thereof between November 23, 2010, and the termination date of the Newport Grand Master

Contract.

     (14)(19) "Newport Grand Master Contract" means that certain master video-lottery video

lottery terminal contract made as of November 23, 2005, by and between the division of lotteries

of the Rhode Island department of administration and Newport Grand, as amended and extended

from time to time as authorized therein and/or as such Newport Grand Master Contract may be

assigned as permitted therein.

     (15)(20) "Online gaming account" means an account opened by a patron that such patron

shall use for the deposit and withdrawal of funds used for online sports wagering.

     (16)(21) "Online sports wagering" means engaging in the act of sports wagering by the

placing of wagers on sporting events or a combination of sporting events, or on the individual

performance statistics of athletes in a sporting event or a combination of sporting events, over the

internet through computers, mobile applications on mobile devices or other interactive devices

approved by the division Division, which wagers are accepted by a server-based gaming system

located at the premises of a hosting facility authorized to accept sports wagers and administer

payoffs of winning sports wagers; all such wagers shall be deemed to be placed and accepted at the

premises of a hosting facility.

     (17)(22) "Online sports-wagering revenue" means:

      (i) The total of cash or cash equivalents received from online sports wagering minus the

total of:

     (I) Cash or cash equivalents paid to players as a result of online sports wagering;

     (II) Marketing expenses related to online sports wagering as agreed to by the division

Division, the sports-wagering vendor, and the host facilities, as approved by the division of the

lottery Division; and

     (III) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (I) Counterfeit cash.

     (II) Coins or currency of other countries received as a result of online sports wagering,

except to the extent that the coins or currency are readily convertible to cash.

     (III) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-wagering

vendor for which the hosting facility or sports-wagering vendor is not reimbursed.

     (IV) Free play provided by the hosting facility or sports-wagering vendor as authorized by

the division of the lottery Division to a player and subsequently "won back" by the hosting facility

or sports-wagering vendor, for which the hosting facility or sports-wagering vendor can

demonstrate that it or its affiliate has not been reimbursed in cash.

     (18)(23) "Pari-mutuel licensee" means:

     (i) An entity licensed pursuant to § Section § 41-3.1-3; and/or

     (ii) An entity licensed pursuant to § Section § 41-7-3.

     (19)(24) "Payoff," when used in connection with sports wagering, means cash or cash

equivalents paid to a player as a result of the player's winning a sports wager. A "payoff" is a type

of "prize," as the term "prize" is used in chapters 61, 61.2, and 61.3 of this title.

     (20)(25) "Premier" means Premier Entertainment II, LLC and/or its successor in interest

by reason of the acquisition of the stock, membership interests, or substantially all of the assets of

such entity.

     (26) "Prior marketing year," means, with respect to a marketing year, the most recent

previous marketing year during which the Division operated a majority of the authorized video

lottery games at each of the Lincoln gaming facility and the Tiverton gaming facility for at least

360 days (or 361 days in the case there are 366 days in such marketing year). For the avoidance of

doubt, because the Division will not have operated a majority of the authorized video lottery games

at the Lincoln gaming facility and at the Tiverton gaming facility for at least 361 days during the

marketing year expiring on June 30, 2020, the prior marketing year with respect to the marketing

year expiring on June 30, 2021, shall be the marketing year expiring on June 30, 2019.

     (27) "Promotional points" has the meaning given such term in the 2017 Budget Act.

     (21)(28) "Rake" means a set fee or percentage of cash and chips representing cash wagered

in the playing of a nonbanking table game assessed by a table games retailer for providing the

services of a dealer, gaming table, or location, to allow the play of any nonbanking table game.

     (22)(29) "Server-based gaming system" means all hardware, software, and

communications devices that comprise a system utilized for the purpose of offering an electronic

platform used in connection with the process of placing and accepting sports wagers.

     (23)(30) "Sporting event" means any professional sport or athletic event, any Olympic or

international sports competition event, and any collegiate sport or athletic event, or any portion

thereof, including, but not limited to, the individual performance statistics of athletes in a sports

event or combination of sports events, except "sports event" shall not include a prohibited sports

event.

     (24)(31) "Sports wagering" means the business of accepting wagers on sporting events or

a combination of sporting events, or on the individual performance statistics of athletes in a sporting

event or combination of sporting events, by any system or method of wagering. The term includes,

but is not limited to, exchange wagering, parlays, over-under, moneyline, pools, and straight bets,

and the term includes the placement of such bets and wagers. However, the term does not include,

without limitation, the following:

     (i) Lotteries, including video-lottery video lottery games and other types of casino gaming

operated by the state, through the division Division, on the date this act is enacted [ as of June 22,

2018].

     (ii) Pari-mutuel betting on the outcome of thoroughbred or harness horse racing, or

greyhound dog racing, including but not limited to, pari-mutuel wagering on a race that is

"simulcast" (as defined in § Section § 41-11-1), as regulated elsewhere pursuant to the general laws

General Laws general laws, including in chapters 3, 3.1, 4, and 11 of title 41.

     (iii) Off-track betting on racing events, as regulated elsewhere pursuant to the general laws

General Laws general laws, including in chapter 10 of title 41.

     (iv) Wagering on the respective scores or points of the game of jai alai or pelota and the

sale of pari-mutuel pools related to such games, as regulated elsewhere pursuant to the general laws

General Laws general laws, including in chapter 7 of title 41.

     (v) Lotteries, charitable gaming, games of chance, bingo games, raffles, and pull-tab lottery

tickets, to the extent permitted and regulated pursuant to chapter 19 of title 11.

     (25)(32) "Sports-wagering device" means any mechanical, electrical, or computerized

contrivance, terminal, machine, or other device, apparatus, equipment, or supplies approved by the

division Division and used to conduct sports wagering.

     (26)(33) "Sports-wagering revenue" means:

     (i) The total of cash or cash equivalents received from sports wagering minus the total of:

     (I) Cash or cash equivalents paid to players as a result of sports wagering;

     (II) The annual flat fee to the host communities as defined by § Section § 42-61.2-5(c);

     (III) Marketing expenses related to sports wagering as agreed to by the division Division,

the sports-wagering vendor, and the host facilities, as approved by the division of the lottery

Division; and

     (IV) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (I) Counterfeit cash.

     (II) Coins or currency of other countries received as a result of sports wagering, except to

the extent that the coins or currency are readily convertible to cash.

     (III) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-wagering

vendor for which the hosting facility or sports-wagering vendor is not reimbursed.

     (IV) Free play provided by the hosting facility or sports-wagering vendor as authorized by

the division of lottery Division to a patron and subsequently "won back" by the hosting facility or

sports-wagering vendor, for which the hosting facility or sports-wagering vendor can demonstrate

that it or its affiliate has not been reimbursed in cash.

     (27)(34) "Sports-wagering vendor" means any entity authorized by the division of lottery

Division to operate sports betting on the division's Division's behalf in accordance with this chapter.

     (28)(35) "Table game" or "Table gaming" means that type of casino gaming in which table

games are played for cash or chips representing cash, or any other representation of value that has

been approved by the division of lotteries Division, using cards, dice, or equipment and conducted

by one or more live persons.

     (29)(36) "Table-game retailer" means a retailer authorized to conduct table gaming

pursuant to § Section § 42-61.2-2.1 or § Section § 42-61.2-2.3.

     (30)(37) "Technology provider" means any individual, partnership, corporation, or

association that designs, manufactures, installs, maintains, distributes, or supplies video-lottery

machines Video-Lottery Terminals or associated equipment for the sale or use in this state.

     (31)(38) "Tiverton gaming facility" (sometimes referred to as "Twin River-Tiverton")

means the gaming and entertainment facility located in the town of Tiverton at the intersection of

William S. Canning Boulevard and Stafford Road in the town of Tiverton, Rhode Island

(sometimes referred to as "Twin River-Tiverton").

     (32)(39) "Twin River" (sometimes referred to as "UTGR") means UTGR, Inc., a Delaware

corporation, and each permitted successor to and assignee of UTGR, Inc.; provided further,

however, where the context indicates that the term is referring to a physical facility, then "Twin

River" or "Twin River gaming facility" shall mean the gaming and entertainment facility located at

100 Twin River Road in Lincoln, Rhode Island Lincoln gaming facility.

     (33)(40) "Twin River-Tiverton" means Twin River-Tiverton, LLC and/or its successor in

interest by reason of the acquisition of the stock, membership interests, or substantially all of the

assets of such entity; provided, however, where the context indicates that the term is referring to a

physical facility, then "Twin River-Tiverton" shall mean the Tiverton gaming facility.

     (41) "Twin River-Tiverton Marketing Year" has the same meaning as Marketing Year (as

defined in subsection (14) of this section).

     (42) "Twin River-Tiverton Master Contract" has the same meaning as Newport Grand

Master Contract (as defined in subsection (19) of this section).

     (43) "UTGR Master Contract" means that certain master video lottery terminal contract

made as of July 1, 2005, by and between the division of lotteries of the Rhode Island department

of administration (now the division of lotteries of the Rhode Island department of revenue) and

Twin River, as amended and extended from time to time as authorized therein and/or as such UTGR

Master Contract may be assigned as permitted therein.

     (44) "Video Lottery Agreement" means that certain Video Lottery Central Computer

System Agreement dated as of December 20, 2001, by and between IGT and the Division, as

amended, extended, assigned, and assumed from time to time.

     (34)(45) "Video-lottery games" means lottery games played on video-lottery terminals

Video Lottery Terminals controlled by the lottery division Division.

     (35)(46) "Video-lottery terminal" "Video lottery terminal" means any electronic

computerized video game machine that, upon the insertion of cash or any other representation of

value that has been approved by the division of lotteries Division, is available to play a video game

authorized by the lottery division Division, and that uses a video display and microprocessors in

which, by chance, the player may receive free games or credits that can be redeemed for cash. The

term does not include a machine that directly dispenses coins, cash, or tokens.

     (47) "VLT Agreement" means that certain Video Lottery Terminal Technology Provider

License Agreement dated as of September 28, 2000, by and between IGT and the Division, as

amended, extended, assigned, and assumed from time to time.

 

 

 

 

 

594)

Section

Amended Chapter Numbers:

 

42-61.2-5

Article 6, 180,  and 181

 

 

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 to allocate sports-wagering revenue derived from sports wagering and

online sports wagering at 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) two hundred thousand dollars ($200,000) and the town of Tiverton shall be paid an

annual flat fee of one hundred thousand dollars ($100,000) two hundred thousand dollars

($200,000) in compensation for serving as the host communities for sports wagering.

 

 

 

 

595)

Section

Amended Chapter Numbers:

 

42-61.2-7

Article 6, 41, and 42

 

 

42-61.2-7. Division of revenue.

     (a) Notwithstanding the provisions of Section § 42-61-15, the allocation of net terminal

income derived from video lottery games is as follows:

     (1) For deposit in the general fund and to the Division fund for administrative purposes:

Net, terminal income not otherwise disbursed in accordance with subdivisions subsections (a)(2) -

- (a)(6) , inclusive of this section, or otherwise disbursed in accordance with subsections (g)(2) and

(h)(2) of this section;

     (i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one percent

(0.19%), up to a maximum of twenty million dollars ($20,000,000), shall be equally allocated to

the distressed communities (as defined in Section § 45-13-12) provided that no eligible community

shall receive more than twenty-five percent (25%) of that community's currently enacted municipal

budget as its share under this specific subsection. Distributions made under this specific subsection

are supplemental to all other distributions made under any portion of General Laws Section § 45-

13-12. For the fiscal year ending June 30, 2008, distributions by community shall be identical to

the distributions made in the fiscal year ending June 30, 2007, and shall be made from general

appropriations. For the fiscal year ending June 30, 2009, the total state distribution shall be the

same total amount distributed in the fiscal year ending June 30, 2008, and shall be made from

general appropriations. For the fiscal year ending June 30, 2010, the total state distribution shall be

the same total amount distributed in the fiscal year ending June 30, 2009, and shall be made from

general appropriations, provided, however, that seven hundred eighty-four thousand four hundred

fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each

qualifying distressed community. For each of the fiscal years ending June 30, 2011, June 30, 2012,

and June 30, 2013, seven hundred eighty-four thousand four hundred fifty-eight dollars ($784,458)

of the total appropriation shall be distributed equally to each qualifying distressed community.

     (ii) Five one hundredths of one percent (0.05%), up to a maximum of five million dollars

($5,000,000), shall be appropriated to property tax relief to fully fund the provisions of Section 44-

33-2.1 [repealed]. The maximum credit defined in subdivision § 44-33-9(2) shall increase to the

maximum amount to the nearest five dollar ($5.00) increment within the allocation until a

maximum credit of five hundred dollars ($500) is obtained. In no event shall the exemption in any

fiscal year be less than the prior fiscal year.

     (iii) One and twenty-two one hundredths of one percent (1.22%) to fund Section § 44-34.1-

1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998,", to the maximum

amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event

shall the exemption in any fiscal year be less than the prior fiscal year.

     (iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent

(0.10%), to a maximum of ten million dollars ($10,000,000), for supplemental distribution to

communities not included in subsection (a)(1)(i) of this section distributed proportionately on the

basis of general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30,

2008, distributions by community shall be identical to the distributions made in the fiscal year

ending June 30, 2007, and shall be made from general appropriations. For the fiscal year ending

June 30, 2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010, and

thereafter, funding shall be determined by appropriation.

     (2) To the licensed, video lottery retailer:

     (a)(i) Prior to the effective date of the Newport Grand Master Contract, Newport Grand

twenty-six percent (26%), minus three hundred eighty-four thousand nine hundred ninety-six

dollars ($384,996);

     (ii) On and after the effective date of the Newport Grand Master Contract, to the licensed,

video lottery retailer who is a party to the Newport Grand Master Contract, all sums due and payable

under said Master Contract, minus three hundred eighty-four thousand nine hundred ninety-six

dollars ($384,996).

     (iii) Effective July 1, 2013, the rate of net terminal income payable to the licensed, video

lottery retailer who is a party to the Newport Grand Master Contract shall increase by two and one

quarter percent (2.25%) points. The increase herein shall sunset and expire on June 30, 2015, and

the rate in effect as of June 30, 2013, shall be reinstated.

     (iv)(A) Effective July 1, 2015, the rate of net terminal income payable to the licensed video

lottery retailer who is a party to the Newport Grand Master Contract shall increase over the rate in

effect as of June 30, 2013, by one and nine-tenths (1.9) percentage points. (i.e., x% plus 1.9

percentage points equals (x + 1.9)%, where "x%" is the current rate of net terminal income payable

to the licensed, video lottery retailer who is a party to the Newport Grand Master Contract). The

dollar amount of additional net terminal income paid to the licensed video lottery retailer who is a

party to the Newport Grand Master Contract with respect to any Newport Grand Marketing Year

as a result of such increase in rate shall be referred to as "Additional Newport Grand Marketing

NTI."

     (B) The excess, if any, of marketing expenditures incurred by the licensed, video lottery

retailer who is a party to the Newport Grand Master Contract with respect to a Newport Grand

Marketing Year over one million four hundred thousand dollars ($1,400,000) shall be referred to

as the "Newport Grand Marketing Incremental Spend." Beginning with the Newport Grand

Marketing Year that starts on July 1, 2015, after the end of each Newport Grand Marketing Year,

the licensed, video lottery retailer who is a party to the Newport Grand Master Contract shall pay

to the Division the amount, if any, by which the Additional Newport Grand Marketing NTI for such

Newport Grand Marketing Year exceeds the Newport Grand Marketing Incremental Spend for such

Newport Grand Marketing Year; provided however, that such video lottery retailer's liability to the

Division hereunder with respect to any Newport Grand Marketing Year shall never exceed the

Additional Newport Grand Marketing NTI paid to such video lottery retailer with respect to such

Newport Grand Marketing Year.

     The increase in subsection 2(a)(iv) shall sunset and expire upon the commencement of the

operation of casino gaming at Twin River-Tiverton's facility located in the town of Tiverton, and

the rate in effect as of June 30, 2013, shall be reinstated.

     (b)(i) Prior to the effective date of the UTGR master contract, to the present, licensed, video

lottery retailer at Lincoln Park, which is not a party to the UTGR master contract, twenty-eight and

eighty-five one hundredths percent (28.85%), minus seven hundred sixty-seven thousand six

hundred eighty-seven dollars ($767,687);

     (ii) On and after the effective date of the UTGR master contract, to the licensed, video

lottery retailer that is a party to the UTGR master contract, all sums due and payable under said

master contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars

($767,687).

     (3) Except for the period commencing on January 1, 2023, and expiring on June 30, 2043,

(i) To the technology providers that are not a party to the GTECH Master Contract as set forth and

referenced in P.L. 2003, ch. 32, seven percent (7%) of the net terminal income of the provider's

terminals; in addition thereto, technology providers that provide premium or licensed proprietary

content or those games that have unique characteristics, such as 3D graphics; unique math/game

play features; or merchandising elements to video lottery terminals may receive incremental

compensation, either in the form of a daily fee or as an increased percentage, if all of the following

criteria are met:

     (A) A licensed, video lottery retailer has requested the placement of premium or licensed

proprietary content at its licensed, video lottery facility;

     (B) The division of lottery has determined in its sole discretion that the request is likely to

increase net terminal income or is otherwise important to preserve or enhance the competitiveness

of the licensed, video lottery retailer;

     (C) After approval of the request by the division of lottery, the total number of premium or

licensed, proprietary-content video lottery terminals does not exceed ten percent (10%) of the total

number of video lottery terminals authorized at the respective licensed, video lottery retailer; and

     (D) All incremental costs are shared between the division and the respective licensed, video

lottery retailer based upon their proportionate allocation of net terminal income. The division of

lottery is hereby authorized to amend agreements with the licensed, video lottery retailers, or the

technology providers, as applicable, to effect the intent herein.

     (ii) To contractors that are a party to the master contract as set forth and referenced in P.L.

2003, ch. 32, all sums due and payable under said master contract; and

     (iii) Notwithstanding paragraphs (i) and (ii), there shall be subtracted proportionately from

the payments to technology providers the sum of six hundred twenty-eight thousand seven hundred

thirty-seven dollars ($628,737) which shall be distributed pursuant to Section 42-61.2-7(b)(3)(iii).

     With respect to the period commencing on January 1, 2023 and expiring on June 30, 2043,

     (i) To the exclusive technology provider, all sums due and payable under the VLT

Agreement;

     (ii) Notwithstanding paragraph (i), there shall be subtracted from the payments to the

exclusive technology provider the sum of six hundred twenty-eight thousand seven hundred thirty-

seven dollars ($628,737) which shall be distributed pursuant to Section 42-61.2-7(b)(3)(iii); and

     (iii) To IGT, all sums due and payable under the Video Lottery Agreement.

     (4)(A) Until video lottery games are no longer operated at the Newport Grand gaming

facility located in Newport, to the city of Newport one and one hundredth percent (1.01%) of net

terminal income of authorized Video Lottery Terminals at Newport Grand, except that effective

November 9, 2009, until June 30, 2013, the allocation shall be one and two tenths percent (1.2%)

of net terminal income of authorized Video Lottery Terminals at Newport Grand for each week the

facility operates video lottery games on a twenty-four-hour (24) basis for all eligible hours

authorized; and

     (B) Upon commencement of the operation of video lottery games at the Tiverton gaming

facility, to the town of Tiverton one and forty-five hundredths percent (1.45%) of net terminal

income of authorized Video Lottery Terminals at the Tiverton gaming facility, subject to subsection

(g)(2); and

     (C) To the town of Lincoln, one and twenty-six hundredths percent (1.26%) of net terminal

income of authorized Video Lottery Terminals at the Lincoln gaming facility except that:

     (i) Effective November 9, 2009, until June 30, 2013, the allocation shall be one and forty-

five hundredths percent (1.45%) of net terminal income of authorized Video Lottery Terminals at

the Lincoln gaming facility for each week video lottery games are offered on a twenty-four-hour

(24) basis for all eligible hours authorized; and

     (ii) Effective July 1, 2013, provided that the referendum measure authorized by P.L. 2011,

ch. 151, article 25 as amended, section 4, is approved statewide and in the Town of Lincoln, the

allocation shall be one and forty-five hundredths percent (1.45%) of net terminal income of

authorized Video Lottery Terminals at the Lincoln gaming facility, subject to subsection (h)(2);

and

     (5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net

terminal income of authorized Video Lottery Terminals at the Lincoln gaming facility , up to a

maximum of ten million dollars ($10,000,000) per year, that shall be paid to the Narragansett Indian

Tribe for the account of a Tribal Development Fund to be used for the purpose of encouraging and

promoting: home ownership and improvement; elderly housing; adult vocational training; health

and social services; childcare; natural resource protection; and economic development consistent

with state law. Provided, however, such distribution shall terminate upon the opening of any

gaming facility in which the Narragansett Indians are entitled to any payments or other incentives;

and provided, further, any monies distributed hereunder shall not be used for, or spent on,

previously contracted debts; and

     (6) Unclaimed prizes and credits shall remit to the general fund of the state; and

     (7) Payments into the state's general fund specified in subsections (a)(1) and (a)(6) of this

section shall be made on an estimated monthly basis. Payment shall be made on the tenth day

following the close of the month except for the last month when payment shall be on the last

business day.

     (b) Notwithstanding the above, the amounts payable by the Division to UTGR related to

the marketing program described in the UTGR master contract (as such may be amended from time

to time) shall be paid on a frequency agreed by the Division, but no less frequently than annually.

     (c) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director

is authorized to fund the marketing program as described in the UTGR master contract.

     (d) Notwithstanding the above, the amounts payable by the Division to the licensed, video

lottery retailer who is a party to the Newport Grand Master Contract related to the marketing

program described in the Newport Grand Master Contract (as such may be amended from time to

time) shall be paid on a frequency agreed by the Division, but no less frequently than annually.

     (e) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director

is authorized to fund the marketing program as described in the Newport Grand Master Contract.

     (f) Notwithstanding the provisions of Section § 42-61-15, but subject to Section § 42-61.2-

7(h) subsection (h) of this section, the allocation of net table-game revenue derived from table

games at the Lincoln gaming facility is as follows:

     (1) For deposit into the state lottery fund for administrative purposes and then the balance

remaining into the general fund:

     (i) Sixteen percent (16%) of net table-game revenue, except as provided in Section § 42-

61.2-7(f)(1)(ii) subsection (f)(1)(ii);

     (ii) An additional two percent (2%) of net table-game revenue generated at the Lincoln

gaming facility shall be allocated starting from the commencement of table games activities by

such table-game retailer and ending, with respect to such table-game retailer, on the first date that

such table-game retailer's net terminal income for a full state fiscal year is less than such table-

game retailer's net terminal income for the prior state fiscal year, at which point this additional

allocation to the state shall no longer apply to such table-game retailer.

     (2) To UTGR, net table-game revenue not otherwise disbursed pursuant to subsection

(f)(1); provided, however, on the first date that such table-game retailer's net terminal income for a

full state fiscal year is less than such table-game retailer's net terminal income for the prior state

fiscal year, as set forth in subsection (f)(1)(ii), one percent (1%) of this net table-game revenue

shall be allocated to the town of Lincoln for four (4), consecutive state fiscal years.

     (g) Notwithstanding the provisions of Section 42-61-15, the allocation of net table-game

revenue derived from table games at the Tiverton gaming facility is as follows:

     (1) Subject to subsection (g)(2) of this section, one percent (1%) of net table-game revenue

shall be allocated to the town of Tiverton;

     (2) Fifteen and one-half percent (15.5%) of net table-game revenue shall be allocated to

the state first for deposit into the state lottery fund for administrative purposes and then the balance

remaining into the general fund; provided however, that beginning with the first state fiscal year

that the Tiverton gaming facility offers patrons video lottery games and table games for all of such

state fiscal year, for that initial state fiscal year and each subsequent state fiscal year that such

Tiverton gaming facility offers patrons video lottery games and table games for all of such state

fiscal year, if the town of Tiverton has not received an aggregate of three million dollars

($3,000,000) in the state fiscal year from net table-game revenues and net terminal income,

combined, generated by the Tiverton gaming facility ("Tiverton Minimum"), then the state shall

make up such shortfall to the town of Tiverton out of the state's percentage of net table-game

revenue set forth in this subsection (g)(2) and net terminal income set forth in subsections (a)(1)

and (a)(6), so long as that there has not been a closure of the Tiverton gaming facility for more than

thirty (30) consecutive days during such state fiscal year, and, if there has been such a closure, then

the Tiverton Minimum, if applicable, shall be prorated per day of such closure and any closure(s)

thereafter for that state fiscal year; notwithstanding the foregoing, with respect to fiscal year 2021,

because of the closure of the Tiverton gaming facility due to the COVID-19 pandemic, the town of

Tiverton shall receive no less than a total of three million dollars ($3,000,000) as an aggregate

payment for net, table-game revenues, net terminal income, and the shortfall from the state,

combined; provided further however, if in any state fiscal year either video lottery games or table

games are no longer offered at in the Tiverton gaming facility, then the state shall not be obligated

to make up the shortfall referenced in this subsection (g)(2); and

     (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (g)(1) and

(g)(2) of this section shall be allocated to Twin River-Tiverton.

     (h) Notwithstanding the foregoing Section § 42-61.2-7(f) and superseding that section

effective upon the first date that the Tiverton gaming facility offers patrons video lottery games and

table games, the allocation of net table-game revenue derived from table games at the Lincoln

gaming facility shall be as follows:

     (1) Subject to subsection (h)(2), one percent (1%) of net table-game revenue shall be

allocated to the town of Lincoln;

     (2) Fifteen and one-half percent (15.5%) of net table-game revenue shall be allocated to

the state first for deposit into the state lottery fund for administrative purposes and then the balance

remaining into the general fund; provided however, that beginning with the first state fiscal year

that the Tiverton gaming facility offers patrons video lottery games and table games for all of such

state fiscal year, for that state fiscal year and each subsequent state fiscal year that the Tiverton

gaming facility offers patrons video lottery games and table games for all of such state fiscal year,

if the town of Lincoln has not received an aggregate of three million dollars ($3,000,000) in the

state fiscal year from net table-game revenues and net terminal income, combined, generated by

the Lincoln gaming facility ("Lincoln Minimum"), then the state shall make up such shortfall to the

town of Lincoln out of the state's percentage of net table-game revenue set forth in this subsection

(h)(2) and net terminal income set forth in subsections (a)(1) and (a)(6) of this section, so long as

that there has not been a closure of the Tiverton gaming facility for more than thirty (30)

consecutive days during such state fiscal year, and, if there has been such a closure, then the Lincoln

Minimum, if applicable, shall be prorated per day of such closure and any closure(s) thereafter for

that state fiscal year; provided further however, if in any state fiscal year either video lottery games

or table games are no longer offered at the Tiverton gaming facility, then the state shall not be

obligated to make up the shortfall referenced in this subsection (h)(2); and

     (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (h)(1) and

(h)(2) shall be allocated to UTGR.

 

(180 and 181)

 (2) Fifteen and one-half percent (15.5%) of net table-game revenue shall be allocated to

the state first for deposit into the state lottery fund for administrative purposes and then the balance

remaining into the general fund; provided however, that beginning with the first state fiscal year

that a facility in the town of Tiverton gaming facility owned by Twin River-Tiverton offers patrons

video-lottery video lottery games and table games for all of such state fiscal year, for that state

fiscal year and each subsequent state fiscal year that such Tiverton gaming facility offers patrons

video-lottery video lottery games and table games for all of such state fiscal year, if the town of

Tiverton has not received an aggregate of three million dollars ($3,000,000) in the state fiscal year

from net table-game revenues and net terminal income, combined, generated by such the Tiverton

gaming facility, then the state shall make up such shortfall to the town of Tiverton out of the state's

percentage of net table-game revenue set forth in this subsection (g)(2) and net terminal income set

forth in subsections (a)(1) and (a)(6); provided further however, if in any state fiscal year either

video-lottery video lottery games or table games are no longer offered at a facility in the town of

Tiverton gaming facility, owned by Twin River-Tiverton, LLC, then the state shall not be obligated

to make up the shortfall referenced in this subsection (g)(2); and

 

 (2) Fifteen and one-half percent (15.5%) of net table-game revenue shall be allocated to

the state first for deposit into the state lottery fund for administrative purposes and then the balance

remaining into the general fund; provided however, that beginning with the first state fiscal year

that a facility in the town of Tiverton owned by Twin River-Tiverton the Tiverton gaming facility

offers patrons video-lottery video lottery games and table games for all of such state fiscal year, for

that state fiscal year and each subsequent state fiscal year that such the Tiverton gaming facility

offers patrons video-lottery video lottery games and table games for all of such state fiscal year, if

the town of Lincoln has not received an aggregate of three million dollars ($3,000,000) in the state

fiscal year from net table-game revenues and net terminal income, combined, generated by the

Twin River facility in Lincoln gaming facility, then the state shall make up such shortfall to the

town of Lincoln out of the state's percentage of net table-game revenue set forth in this subsection

(h)(2) and net terminal income set forth in subsections (a)(1) and (a)(6) of this section; provided

further however, if in any state fiscal year either video-lottery video lottery games or table games

are no longer offered at a facility in the town of Tiverton gaming facility, owned by Twin River-

Tiverton, LLC, then the state shall not be obligated to make up the shortfall referenced in this

subsection (h)(2); and

     (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (h)(1) and

(h)(2) of this section shall be allocated to UTGR.

 

 

 

 

 

 

 

596)

Section

Amended Chapter Numbers:

 

42-61.2-14

41 and 42

 

 

42-61.2-14. Compulsive and problem gambling programs.

     The Division and the State state acknowledge that the vast majority of gaming patrons can

enjoy gambling games responsibly, but that there are certain societal costs associated with gaming

by some individuals who have problems handling the product or services provided. The Division

and the State further understand that it is their duty to act responsibly toward those who cannot

participate conscientiously in gaming. Pursuant to the foregoing, Twin River and Newport Grand

Twin River-Tiverton, in cooperation with the State, shall offer compulsive and problem gambling

programs that include, but are not limited to (a) problem Problem gambling awareness programs

for employees; (b) player Player self-exclusion program; and (c) promotion Promotion of a

problem gambling hotline. Twin River and Newport Grand (and its successor in interest, Twin

River-Tiverton) shall modify their existing compulsive and problem-gambling programs to include

table games and sports wagering to the extent such games are authorized at such facilities. Twin

River and Newport Grand (and its successor in interest, Twin River-Tiverton) shall reimburse and

pay to the Division no less than one hundred twenty-five thousand dollars ($125,000) two hundred

thousand dollars ($200,000) in aggregate annually for compulsive and problem gambling programs

established by the Division. The contribution from each facility shall be determined by the

Division.

 

 

597)

Section

Amended Chapter Numbers:

 

42-63.1-5

146 and 328

 

 

42-63.1-5. Regional tourism districts.

     (a) The state of Rhode Island is divided into eight (8) seven (7) regional tourism districts

to be administered by the tourism council, convention and visitor's bureau, or the Rhode Island

commerce corporation established in chapter 42-64 of this title as designated in this section:

     (1) South County district, which shall include Westerly, Charlestown, Narragansett, South

Kingstown, North Kingstown, Hopkinton, Exeter, Richmond, West Greenwich, East Greenwich,

and Coventry to be administered by the South County tourism council, inc.;

     (2) Providence district consists of the city of Providence to be administered by the

Convention Authority of the City of Providence.

     (3) Northern Rhode Island district consists of Pawtucket, Woonsocket, Lincoln, Central

Falls, Cumberland, North Smithfield, Smithfield, Glocester, and Burrillville, and East Providence

to be administered by the Blackstone Valley tourism council, inc.;

     (4) Aquidneck Island district consists of Barrington, Bristol, Warren, Newport, Jamestown,

Middletown, Portsmouth, Tiverton, and Little Compton to be administered by the Newport and

Bristol County convention and visitors bureau;

     (5) Warwick district consists of the city of Warwick to be administered by the city of

Warwick department of economic development;

     (6) Block Island district, which shall consist of the town of New Shoreham to be

administered by the New Shoreham tourism council, inc.;

     (7) East Providence to be administered by an entity that shall be acceptable to the economic

development corporation; provided that all funds generated in the city of East Providence shall be

held by the Rhode Island division of taxation until such time as the city of East Providence elects

to become a member of a regional tourism district at which time the monies held by the Rhode

Island division of taxation shall be transferred to the tourism district or convention visitors' bureau

selected by the city of East Providence;

     (8) (8)(7) Statewide district consists of all cities and towns not delineated in subdivisions

(1) through (7)(6) to be administered by the Rhode Island commerce corporation established in

chapter 42-64 of this title.

     (b) Before receiving any funds under this chapter, the organizations designated to receive

the funds on behalf of the South County regional tourism district and the Northern Rhode Island

regional tourism district shall be required to apply to and receive approval from the Rhode Island

commerce corporation pursuant to guidelines promulgated by the Rhode Island commerce

corporation. The corporation shall review the eligibility of the regional tourism district

organizations to receive the funds at least annually.

     (c) On or before January 1, 2016, and every January 1 thereafter, all regional tourism

districts created under these sections shall be required to seek and obtain the approval of the

executive office of commerce regarding the incorporation of common statewide marketing themes,

logos, and slogans, among other features, prior to the release of lodging tax funds to the districts.

     (d) Upon proper notice to the Rhode Island division of taxation from the city of East

Providence and the Blackstone Valley tourism council that the city has elected to become a member

of the Northern Rhode Island district, all funds previously generated in the city of East Providence

and held in escrow by the Rhode Island division of taxation shall be allocated fully and in their

entirety to the Blackstone Valley tourism council for the direct benefit and support of tourism

activities within the city of East Providence.

 

 

 

598)

Section

Amended Chapter Numbers:

 

42-64.32-1

32 and 36

 

 

42-64.32-1. Legislative findings.

     It is hereby found and declared as follows:

     (a) The development of additional scheduled air carrier and cargo services ("air service")

to T.F. Green state airport Rhode Island T.F. Green International Airport is essential to improving

the overall economic climate of the state, attracting businesses, promoting tourism, and growing

jobs. Such This additional air service is particularly important to advanced industries, industries

characterized by high levels of research and development expenditures, and reliance on science,

technology, design, engineering, and mathematics workers.

     (b) Providing incentives, revenue guarantees, and/or other support for new or additional air

service on new or additional routes is an important step in meeting these economic development

goals.

     (c) An air service development fund provides flexibility in increasing and providing

incentives for air service to T.F. Green state airport Rhode Island T.F. Green International Airport

that the Rhode Island airport corporation may otherwise not be able to finance under the regulations

and policies of the federal aviation administration. For that reason, this program is established

independently of, and unrelated to, the Rhode Island airport corporation.

\

 

 

 

599)

Section

Amended Chapter Numbers:

 

42-64.32-3

32 and 36

 

 

42-64.32-3. Air service development council.

     (a) The Rhode Island commerce corporation shall establish an air service development

council (the "council"), that shall have the authority and responsibility for entering into agreements

with scheduled air carriers and/or cargo carriers to provide direct financial incentives, revenue

guarantees, and/or other support to incentivize air service to T.F. Green state airport Rhode Island

T.F. Green International Airport.

     (b) The air service development council shall consist of the secretary of commerce, or his

or her designee, who shall serve as chair of the council, and four members appointed by the board

of the Rhode Island commerce corporation, at least one of whom shall have airport management or

air carrier experience,; at least one of whom shall be a representative from a chamber of commerce,;

and at least one of whom shall represent a business with more than one hundred (100) employees

located in Rhode Island. No member of the council shall be a director or employee of the Rhode

Island airport corporation. Members shall serve at the pleasure of the board of the commerce

corporation. The members shall not receive a salary but shall be reimbursed for any necessary

expenses incurred in the performance of their duties.

     (c) The Rhode Island commerce corporation shall have the authority under this chapter to

enter into contracts providing for incentives, guarantees, and/or other support for new or additional

flights to T.F. Green state airport Rhode Island T.F. Green International Airport by scheduled air

carriers or cargo carriers, provided that such contracts have been previously approved by the air

service development council. Such These incentives, guarantees, and other support shall be

financed only with proceeds from the air service development fund established pursuant to § 42-

64.32-2, and not with any airport revenue, subject to regulation pursuant to the policies or

regulations of the federal aviation administration.

     (d) The air service development council shall publish the criteria that it will use in

evaluating proposals or arrangements that further the purposes of this chapter. Such criteria shall

require, at a minimum, that to qualify for incentives a scheduled air carrier or cargo carrier must

commit to new or additional flights for an agreed-upon duration that represent an increase in

service.

     (e) The air service development council may, at its discretion, provide incentives to service

to one scheduled air carrier or cargo carrier without offering identical incentives to other scheduled

air carriers or cargo carriers if doing so furthers the purposes of this chapter.

 

 

 

 

600)

Section

Added Chapter Numbers:

 

42-72.12

19 and 20

 

 

CHAPTER 45-72.12

PRESERVATION OF FAMILIES WITH DISABLED PARENT ACT

 

 

 

601)

Section

Added Chapter Numbers:

 

42-72.12-1

19 and 20

 

 

42-72.12-1. Findings.

     The general assembly finds as follows:

     (1) Individuals with disabilities continue to face unfair, preconceived, and unnecessary

societal biases, as well antiquated attitudes, regarding their ability to successfully parent their

children;

     (2) Because of these societal biases and antiquated attitudes, new parents with disabilities

may be unnecessarily referred to hospital social workers or the department of children, youth and

families for evaluation of their ability to provide care or a safe environment based solely on their

disability; and

     (3) Children may unnecessarily be denied the opportunity to enjoy the experience of living

in loving homes with parents with disabilities or other caretakers with disabilities.

 

 

 

602)

Section

Added Chapter Numbers:

 

42-72.12-2

19 and 20

 

 

42-72.12-2. Purpose.

     The purpose of this chapter is to protect the best interests of children parented by

individuals with disabilities, or children who could be parented by individuals with disabilities

through the establishment of procedural safeguards that require hospital, child protective services,

and judicial staff, to be educated regarding the Americans with Disabilities Act and the procedural

and equal protection rights of parents with disabilities or prospective parents with disabilities in the

context of child welfare, foster care, family law, and adoption considerations.

 

 

 

 

603)

Section

Added Chapter Numbers:

 

42-72.12-3

19 and 20

 

 

42-72.12-3. Rights of disabled parents.

     (a) A parent or prospective parent's disability shall not be presumed to have a detrimental

impact on a child.

     (b) A parent or prospective parent who has a disability must be treated on a case-by-case

basis, consistent with facts and objective evidence and based on an individualized assessment of

the possible risk to the child's health and safety;.

     (c) A disability of a parent of a newborn child shall not serve as the sole basis of referral to

a hospital social worker for evaluation of parenting skills.

     (d) A parent's disability shall not serve as the sole basis of a referral to the department of

children, youth and families by a hospital neonatal unit.

     (e) A parent's disability shall not serve as the sole basis for denial or restriction of visitation

or custody in family or child welfare cases when the visitation or custody is determined to be

otherwise in the best interest of the child by the court.

     (f) A prospective parent's disability shall not serve as the sole basis for their denial of

participation in public or private adoption when the adoption is determined to be otherwise in the

best interest of the child.

     (g) An individual's disability shall not serve as the sole basis for denial of foster care or

guardianship, when the appointment is determined to be otherwise in the best interest of the child.

     (h) The parent or prospective parent with a disability shall be entitled to supportive

parenting services and any other reasonable efforts to preserve the family unit, except in those cases

where reasonable efforts are not required under § 15-7-7. The family court may require that the

supportive parenting services be put in place, with an opportunity to review the need for

continuation of such service within a reasonable period of time. "Supportive parenting services"

means services that may assist a parent or prospective parent with a disability in the effective use

of techniques, technology, and other alternative methods to enable the parent or prospective parent

to have an equal opportunity to discharge parental responsibilities as successfully as a parent who

does not have disabilities.

     (i) Provided however, nothing in this section shall impair the rights of the child, protective

agency, or the court to deny placement of or visitation with the child, of a parent or prospective

parent with a disability, if they pose a significant risk to the health and safety of the child, that

cannot be eliminated by reasonable accommodations.

 

 

 

 

604)

Section

Added Chapter Numbers:

 

42-161

228 and 229

 

 

CHAPTER 42-161

STATEWIDE BODY-WORN CAMERA PROGRAM

 

 

 

 

 

605)

Section

Added Chapter Numbers:

 

42-161-1

228 and 229

 

 

42-161-1. Short title.

     This chapter shall be known and may be cited as the "Statewide Body-Worn Camera

Program."

 

 

 

 

606)

Section

Added Chapter Numbers:

 

42-161-2

228 and 229

 

 

42-161-2. Definitions.

     As used in this chapter:

     (1) "Attorney general" means the attorney general of the state of Rhode Island, or designee;

     (2) "Body-worn camera" means a video and audio recording device that is carried by, or

worn on the body of, a law enforcement officer and that is capable of recording the actions and

interactions of the officer and the public;

     (3) "Director of the department of public safety" means the director of public safety

appointed by the governor pursuant to §42-7.3-5, or designee.

     (4) "Public safety grant administration office" means the public safety grant administration

office as defined in chapter 26 of this title 42.

     (5) "State-supported implementation period" means a period of five (5) years beginning on

July 1, 2021, and ending on June 30, 2026.

 

 

 

 

607)

Section

Added Chapter Numbers:

 

42-161-3

228 and 229

 

 

42-161-3. Powers of attorney general and department of public safety --

Establishment of grant program.

     (a) The director of the department of public safety is hereby authorized, within available

funds, to award grants and other forms of funding to facilitate the adoption of body-worn cameras

by Rhode Island police departments. The director of the department of public safety may also

coordinate state applications for federal funds available for body-worn camera adoption.

     (b) The director of the department of public safety may, in coordination with the

department of administration, facilitate body-worn camera procurement by Rhode Island police

departments through state master price agreement contracts in accordance with § 37-2-56.

     (c) The attorney general and the director of the department of public safety, in consultation

with the Rhode Island police chiefs' association, is are responsible for developing statewide

policies, procedures, and guidelines for the use and operation of body-worn cameras.

     (d) The attorney general and the director of the department of public safety, in consultation

with the Rhode Island police chiefs' association, may survey and assess police department body-

worn camera needs, evaluate body-worn camera solutions and budgetary costs, and facilitate the

provision of technical assistance for Rhode Island police departments adopting body-worn cameras.

     (e) All appropriations in support of provisions of this chapter shall be housed within the

department of public safety.

     (f) No money appropriated in the state budget shall be awarded for Rhode Island police

department body-worn camera expenses incurred before or after the state-supported

implementation period.

(g) No money appropriated in the state budget shall be distributed for Rhode Island police

department body-worn camera expenses before rules and regulations are promulgated pursuant to

§ 42-160-4 42-161-4.

 

 

 

 

608)

Section

Added Chapter Numbers:

 

42-161-4

228 and 229

 

 

42-161-4. Rules and regulations -- Statewide policies, procedures, and

guidelines for the use and operation of body-worn cameras.

     (a) The director of the department of public safety in consultation with the attorney general

shall promulgate rules and regulations, pursuant to chapter 35 of this title 42 of the general laws,

to develop the criteria and manner in which funds are awarded to Rhode Island police departments

under this chapter; and.

     (b) The attorney general and the director of the department of public safety, in consultation

with the Rhode Island police chiefs' association, shall promulgate rules and regulations, pursuant

to chapter 35 of this title 42 of the general laws, after holding a public hearing, to create a policy

for the use and operation of body-worn cameras. This policy shall address at a minimum, but not

be limited to:

     (1) Proper use of equipment;

     (2) Data and equipment security;

     (3) Activation and deactivation of cameras;

     (4) Notification to the public of recording;

     (5) Records retention procedures and timelines;

     (6) Access to data by law enforcement and the public;

     (7) Privacy protections, including redaction procedures; and

     (8) Compliance monitoring.

     (c) The public safety grant administration office shall condition the award of money under

this chapter on the certification of a police chief, or highest ranking sworn member of a law

enforcement agency, that the certifying chief’s department has adopted the policy referenced in

§42-160-4(b) subsection (b) of this section.

 

 

 

 

609)

Section

Added Chapter Numbers:

 

42-161-5

228 and 229

 

 

42-161-5. Reporting requirements.

     The director of the department of public safety shall publish a report on the funding of the

statewide body-worn camera program within sixty (60) days following the end of each fiscal year.

The report shall contain information on the commitment, disbursement, and use of funds pursuant

to this chapter. The director of the department of public safety shall provide a copy of the report to

the governor, attorney general, speaker of the house, and senate president.

 

 

 

 

610)

Section

Amended Chapter Numbers:

 

44-3-3

(9 and 11), (29 and 30), (33 and 34),(294 and 295), and (317 and 318)

 

 

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;

     (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;

     (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;

     (66) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Bristol's community limits, subject to authorization by formal

action of the town council of the town of Bristol; and

     (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

of East Providence.

     (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt

corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North

Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat

108, lot 83.

     (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.

 

(29 and 30)

68) (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a

La Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode

Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor

for the city of Providence comprising approximately 26.08 acres of land along with all buildings

and improvements that have been or may be made.

 

(33 and 34)

  (68) (70) Real and tangible personal property of The Providence Community Health

Centers, Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island.

 

(294 and 295)

  (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

of East Providence.

     (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.

 

(317 and 318)

  (68) (71) In the city of Central Falls and the city of Pawtucket, real property and tangible

personal property located on or in such the premise acquired or leased by a railroad entity and for

the purpose of providing boarding and disembarking of railroad passengers and such the supporting

passenger railroad operations and services. For the purpose of this section, a railroad entity shall be

any incorporated entity which that has been duly authorized by the Rhode Island Public Utilities

Commission public utilities commission to provide passenger railroad services.

 

 

 

 

611)

Section

Amended Chapter Numbers:

 

44-3-4

408 and 409

 

 

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 members who served in

uniform during the Cold War between 1947 through 1991, including those members who did not

serve in a declared war or conflict 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 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;

     (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);

     (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);

     (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);

     (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.

 

 

 

 

612)

Section

Added Chapter Numbers:

 

44-3-9.11

254 and 256

 

 

44-3-9.11. Smithfield - Exemption or stabilizing of taxes on qualifying property used

for manufacturing or commercial purposes.

     (a) Except as provided in this section, the town council of the town of Smithfield may vote

to authorize, for a period not to exceed ten (10) years, and subject to the conditions provided in this

section, to exempt from payment, in whole or in part, real and/or 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

having a 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 firm or concern to locate in the

town; or

     (ii) The willingness of a manufacturing or commercial firm or concern to expand facilities

with an increase in employment; or

     (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 investment by the firm or concern in the town.

     (b) For purposes of this section, "real property used for 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 businesses, 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.

     (c) For purposes of this section, "personal property used for commercial purposes" means

any personal property owned by a firm or concern in its commercial enterprise including, without

limitation, furniture, fixtures, equipment, machinery, stock in trade, and inventory.

     (d) Except as provided in this section, property, the payment of taxes or on which is subject

to the payment of a stabilized amount of taxes, shall not, during the period for which the exemption

or stabilization of the amount of taxes is granted, be further liable to taxation by the town in which

the property is located so long as the property is used for the manufacturing or commercial purposes

for which the exemption or stabilized amount of taxes was made.

     (e) Notwithstanding any vote and 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 of Smithfield 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 extent assessed upon or apportioned to the town, and the interest on

the indebtedness, and for 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.

 

 

 

613)

Section

Amended Chapter Numbers:

 

44-3-32.2

182 and 183

 

 

44-3-32.2. Cities and towns -- Tax exemption for farmland, forestland, or open space

land.

     (a) Cities and towns in the state of Rhode Island may, by ordinance, exempt from taxation

any real property situated in the town classified and utilized as farmland, forestland, or open space

land pursuant to the provisions of chapter 27 of this title. The amount of the exemption shall be

provided for by ordinance. Cities and towns may, from time to time, by amendment to the

ordinance, make those changes in the amount of exemption granted.

     (b) Cities and towns in the state of Rhode Island may, by ordinance, exempt from taxation

any real property utilized in the production of dairy products by a licensed dairy in Rhode Island,

current and future, pursuant to the department of health rules and regulations, including cow, sheep,

and goat dairies. Said The real property shall include, grazing land, cropland, outbuildings, and any

other facility used in the direct production and processing of dairy products. The amount of the

exemption shall be provided for by ordinance. Cities and towns may, from time to time, by

amendment to the ordinance, make those changes in the amount of exemption granted.

     (b)(c) Cities and towns of Rhode Island are authorized by ordinance to provide that any

person who obtains an exemption pursuant to the ordinance to which the person is not entitled, by

the filing or making of any false statement, or the proffering of any document or other writing

known by the person to have been altered, forged, or to contain any false or untrue information, is

liable for an amount equal to double the amount of reductions in taxes resulting from the exemption,

which amount is recoverable by the city or town in a civil action.

     (c)(d) Cities and towns in the state of Rhode Island are authorized by ordinance to exempt

from taxation any real property situated in the town classified and utilized as farmland on which

the development rights have been sold or donated and will remain farmland in perpetuity. The

amount of the exemption shall be provided for by ordinance. Cities and towns may, from time to

time, by amendment to the ordinance, make those changes in the amount of exemption granted.

 

 

 

 

614)

Section

Amended Chapter Numbers:

 

44-4.1-2

5 and 6

 

 

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, or for the purposes of North Smithfield, "certified

maintenance or rehabilitation" means any maintenance or rehabilitation of a historic residence or

historic commercial structure consistent with the character of that property or district as determined

in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for

Restoring Historic Buildings.

     (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; or for purposes of the historic structure property tax reduction in Cumberland, the

local historic district commission in Cumberland; or for the purposes of the historic residence or

historic commercial structure property tax reduction in North Smithfield, the local historic district

commission in North Smithfield.

     (3) (4) "Historic residence" means a historic residential property or historic accessory

structure which that is not of a character subject to federal depreciation allowance pursuant to 26

U.S.C. § 167 or 168 and which that 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) (3) "Historic commercial structure" means: a historic structure in Warren or North

Smithfield utilized for commercial purposes, whole or in part, and which that 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.

 

 

 

 

615)

Section

Amended Chapter Numbers:

 

44-5-1

121 and 122

 

 

44-5-1. Powers of city or town electors to levy -- Date of assessment of valuations.

     The electors of any city or town qualified to vote on any proposition to impose a tax or for

the expenditure of money, when legally assembled, may levy a tax for the purposes authorized by

law, on the ratable property of the city or town, either in a sum certain, or in a sum not less than a

certain sum and not more than a certain sum. The tax is shall be apportioned upon the assessed

valuations pursuant to § 44-5-12 as determined by the assessors of the city or town as of December

31 in each year at 12:00 A.M. midnight, the date being known as the date of assessment of city or

town valuations.

 

 

 

 

616)

Section

Amended Chapter Numbers:

 

44-5-11.6

215, 216, and 271

 

 

44-5-11.6. Assessment of valuations -- Apportionment of levies.

     (a) Notwithstanding the provisions of § 44-5-11 [repealed], beginning on December 31,

2000, the assessors in the several towns and cities shall conduct an update as defined in this section

or shall assess all valuations and apportion the levy of all taxes legally ordered under the rules and

regulations, not repugnant to law, as the town meetings and city councils, respectively, shall, from

time to time, prescribe; provided, that the update or valuation is performed in accordance with the

following schedules:

     (1)(i) For a transition period, for cities and towns that conducted or implemented a

revaluation as of 1993 or in years later:

Update Revaluation

Lincoln 2000 2003

South Kingstown 2000 2003

Smithfield 2000 2003

West Warwick 2000 2003

Johnston 2000 2003

Burrillville 2000 2003

North Smithfield 2000 2003

Central Falls 2000 2003

North Kingstown 2000 2003

Jamestown 2000 2003

North Providence 2001 2004

Cumberland 2001 2004

Bristol 2004 2001

Charlestown 2001 2004

East Greenwich 2002 2005

Cranston 2002 2005

Barrington 2002 2005

Warwick 2003 2006

Warren 2003 2006

East Providence 2003 2006

     (ii) Provided that the reevaluation period for the town of New Shoreham shall be extended

to 2003 and the update for the town of Hopkinton may be extended to 2007 with no additional

reimbursements by the state relating to the delay.

     (iii) The implementation date for this schedule is December 31st, of the stated year.

     (iv) Those cities and towns not listed in this schedule shall continue the revaluation

schedule pursuant to § 44-5-11 [repealed].

     (2)(i) For the post-transition period and in years thereafter:

Update #1 Update #2 Revaluation

Woonsocket 2002 2005 2008

Pawtucket 2002 2005 2008

Portsmouth 2001 2004 2007

Coventry 2001 2004 2007

Providence 2003 2006 2009

Foster 2002 2005 2008

Middletown 2002 2005 2008

Little Compton 2003 2006 2009

Scituate 2003 2006 2009

Westerly 2003 2006 2009

West Greenwich 2004 2007 2010

Glocester 2004 2007 2010

Richmond 2004 2007 2010

Bristol 2004 2007 2010

Tiverton 2005 2008 2011

Newport 2005 2008 2011

New Shoreham 2006 2009 2012

Narragansett 2005 2008 2011

Exeter 2005 2008 2011

Hopkinton 2007 2010 2013

Lincoln 2006 2009 2012

South Kingstown 2006 2009 2012

Smithfield 2006 2009 2012

West Warwick 2006 2009 2012

Johnston 2006 2009 2012

Burrillville 2006 2009 2012

North Smithfield 2006 2009 2012

Central Falls 2006 2009 2012

North Kingstown 2006 2009 2012

Jamestown 2006 2009 2012

North Providence 2007 2010 2013

Cumberland 2007 2010 2013

Charlestown 2007 2010 2013

East Greenwich 2008 2011 2014

Cranston 2008 2011 2014

Barrington 2008 2010 2014

Warwick 2009 2012 2015

Warren 2009 2012 2016

East Providence 2009 2012 2015

     (ii) The implementation date for the schedule is December 31st of the stated year. Upon

the completion of the update and revaluation according to this schedule, each city and town shall

conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an

update of real property every three (3) years from the last revaluation. Provided, that for the town

of Bristol, the time for the first statistical update following the 2010 revaluation shall be extended

from 2013 to 2014 and said statistical update shall be based on valuations as of December 31, 2014,

and the first revaluation following the December 31, 2014, and 2015 statistical revaluation shall be

extended from 2016 to 2019 and said revaluation shall be based on valuations as of December 31,

2018.

     (iii) Cities and towns shall not change the assessment of any property based on the purchase

price of the property after a transfer occurs except in accordance with a townwide or citywide

revaluation or update schedule; provided that, this prohibition shall not apply to completed new

real estate construction.

     (b) No later than February 1, 1998, the director of the department of revenue shall

promulgate rules and regulations consistent with the provisions of this section to define the

requirements for the updates that shall include, but not be limited to:

     (1) An analysis of sales;

     (2) A rebuilding of land value tables;

     (3) A rebuilding of cost tables of all improvement items; and

     (4) A rebuilding of depreciation schedules. Upon completion of an update, each city or

town shall provide for a hearing and/or appeal process for any aggrieved person to address any

issue that arose during the update.

     (c) The costs incurred by the towns and cities for the first update shall be borne by the state

in an amount not to exceed twenty dollars ($20.00) per parcel. The costs incurred by the towns and

cities for the second update shall be borne eighty percent (80%) by the state (in an amount not to

exceed sixteen dollars ($16.00) per parcel) and twenty percent (20%) by the town or city, and in

the third update and thereafter, the state shall pay sixty percent (60%) of the update (not to exceed

twelve dollars ($12.00) per parcel) and the town or city shall pay forty percent (40%); provided,

that for the second update and in all updates thereafter, that the costs incurred by any city or town

that is determined to be a distressed community pursuant to § 45-13-12 shall be borne eighty percent

(80%) by the state and twenty percent (20%) by the city or town for all updates required by this

section.

     (d) The office of municipal affairs, after consultation with the League of Cities and Towns

and the Rhode Island Assessors' Association, shall recommend adjustments to the costs formula

described in subsection (c) of this section based upon existing market conditions.

     (e) Any property that is either exempt from the local property tax pursuant to § 44-3-3 or

pays a city or town an amount in lieu of taxes is not required to have its values updated pursuant to

this section and the property is not eligible for the reimbursement provisions of subsection (c) of

this section. However, those properties that are exempt from taxation and are eligible for state

appropriations in lieu of property tax under the provisions of § 45-13-5.1 are eligible for state

reimbursement pursuant to subsection (c) of this section, provided, that these properties were

revalued as part of that city or town's most recent property revaluation.

     (f) No city or town is required to conduct an update pursuant to this section unless the state

has appropriated sufficient funds to cover the state's costs as identified in subsection (c) of this

section.

     (g) Any city or town that fails to conduct an update or revaluation as required by this

section, or requests and receives an extension of the dates specified in this section, shall receive the

same amount of state aid under §§ 45-13-1, 45-13-5.1, and 45-13-12 in the budget year for which

the new values were to apply as the city or town received in-state aid in the previous budget year;

provided, however, if the new year's entitlement is lower than the prior year's entitlement, the lower

amount applies, except for the town of New Shoreham for the fiscal year 2003.

     (h) Any bill or resolution to extend the dates for a city or town to conduct an update or

revaluation must be approved by a two-thirds (2/3) majority of both houses of the general assembly.

 

(271)

(ii) The implementation date for the schedule is December 31st of the stated year. Upon

the completion of the update and revaluation according to this schedule, each city and town shall

conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an

update of real property every three (3) years from the last revaluation. Provided, that for the town

of Bristol, the time for the first statistical update following the 2010 revaluation shall be extended

from 2013 to 2014 and said statistical update shall be based on valuations as of December 31, 2014,

and the first revaluation following the December 31, 2014, and 2015 statistical revaluation shall be

extended from 2016 to 2019 and said revaluation shall be based on valuations as of December 31,

2018., and, that for the city of Woonsocket, the time of the first statistical update following the

2017 revaluation shall be extended from 2020 to 2021, and said the statistical update shall be based

on the valuations as of December 31, 2021.

    (b) No later than February 1, 1998, the director of the department of revenue shall

promulgate rules and regulations consistent with the provisions of this section to define the

requirements for the updates that shall include, but not be limited to:

     (1) An analysis of sales;

     (2) A rebuilding of land value tables;

     (3) A rebuilding of cost tables of all improvement items; and

     (4) A rebuilding of depreciation schedules. Upon completion of an update, each city or

town shall provide for a hearing and/or appeal process for any aggrieved person to address any

issue that arose during the update.

     (c) The costs incurred by the towns and cities for the first update shall be borne by the state

in an amount not to exceed twenty dollars ($20.00) per parcel. The costs incurred by the towns and

cities for the second update shall be borne eighty percent (80%) by the state (in an amount not to

exceed sixteen dollars ($16.00) per parcel) and twenty percent (20%) by the town or city, and in

the third update and thereafter, the state shall pay sixty percent (60%) of the update (not to exceed

twelve dollars ($12.00) per parcel) and the town or city shall pay forty percent (40%); provided,

that for the second update and in all updates thereafter, that the costs incurred by any city or town

that is determined to be a distressed community pursuant to § 45-13-12 shall be borne eighty percent

(80%) by the state and twenty percent (20%) by the city or town for all updates required by this

section.

     (d) The office of municipal affairs, after consultation with the League of Cities and Towns

and the Rhode Island Assessors' Association, shall recommend adjustments to the costs formula

described in subsection (c) of this section based upon existing market conditions.

     (e) Any property that is either exempt from the local property tax pursuant to § 44-3-3 or

pays a city or town an amount in lieu of taxes is not required to have its values updated pursuant to

this section and the property is not eligible for the reimbursement provisions of subsection (c) of

this section. However, those properties that are exempt from taxation and are eligible for state

appropriations in lieu of property tax under the provisions of § 45-13-5.1 are eligible for state

reimbursement pursuant to subsection (c) of this section, provided, that these properties were

revalued as part of that city or town's most recent property revaluation.

     (f) No city or town is required to conduct an update pursuant to this section unless the state

has appropriated sufficient funds to cover the state's costs as identified in subsection (c) of this

section.

     (g) Any city or town that fails to conduct an update or revaluation as required by this

section, or requests and receives an extension of the dates specified in this section, shall receive the

same amount of state aid under §§ 45-13-1, 45-13-5.1, and 45-13-12 in the budget year for which

the new values were to apply as the city or town received in-state aid in the previous budget year;

provided, however, if the new year's entitlement is lower than the prior year's entitlement, the lower

amount applies, except for the town of New Shoreham for the fiscal year 2003.

     (h) Any bill or resolution to extend the dates for a city or town to conduct an update or

revaluation must be approved by a two-thirds (2/3) majority of both houses of the general assembly.

 

 

 

 

617)

Section

Amended Chapter Numbers:

 

44-5-11.8

246 and 247

 

 

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 subsections (a)(2) and (a)(3) of this 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 and the city of Providence.

     (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 that tax classification plan for any tax year thereafter, notwithstanding the

provisions of subsection (a) of this section.

 

 

 

 

618)

Section

Amended Chapter Numbers:

 

44-5-12

(121 and 122) and (290 and 291)

 

 

44-5-12. Assessment at full and fair cash value.

     (a) All real property subject to taxation shall be assessed at its full and fair cash value, as

of December 31 in the year of the last update or revaluation, or at a uniform percentage of its value

thereof, not to exceed one hundred percent (100%), to be determined by the assessors in each town

or city; provided, that:

     (1) Any residential property encumbered by a covenant recorded in the land records in

favor of a governmental unit or Rhode Island housing and mortgage finance corporation restricting

either or both the rents that may be charged or the incomes of the occupants shall be assessed and

taxed in accordance with § 44-5-13.11;

     (2) In assessing real estate that is classified as farm land farmland, forest, or open space

land in accordance with chapter 27 of this title, the assessors shall consider no factors in

determining the full and fair cash value of the real estate other than those that relate to that use

without regard to neighborhood land use of a more intensive nature;

     (3) Warwick. The city council of the city of Warwick is authorized to provide, by

ordinance, that the owner of any dwelling of one to three (3) family units in the city of Warwick

who makes any improvements or additions on his or her principal place of residence in the amount

up to fifteen thousand dollars ($15,000), as may be determined by the tax assessor of the city of

Warwick, is exempt from reassessment of property taxes on the improvement or addition until the

next general citywide reevaluation of property values by the tax assessor. For the purposes of this

section, "residence" is defined as voting address. This exemption does not apply to any commercial

structure. The property owner shall supply all necessary plans to the building official for the

improvements or addition and shall pay all requisite building and other permitting fees as now are

required by law; and

     (4) Central Falls. The city council of the city of Central Falls is authorized to provide, by

ordinance, that the owner of any dwelling of one to eight (8) units who makes any improvements

or additions to his or her residential or rental property in an amount not to exceed twenty-five

thousand dollars ($25,000), as determined by the tax assessor of the city of Central Falls, is exempt

from reassessment of property taxes on the improvement or addition until the next general citywide

reevaluation of property values by the tax assessor. The property owner shall supply all necessary

plans to the building official for the improvements or additions and shall pay all requisite building

and other permitting fees as are now required by law.

     (5) Tangible property shall be assessed according to the asset classification table as defined

in § 44-5-12.1.

     (6) Provided, however, that, for taxes levied after December 31, 2015, new construction on

development property is exempt from the assessment of taxes under this chapter at the full and fair

cash value of the improvements, as long as:

     (i) An owner of development property files an affidavit claiming the exemption with the

local tax assessor by December 31 each year; and

     (ii) The assessor shall then determine if the real property on which new construction is

located is development property. If the real property is development property, the assessor shall

exempt the new construction located on that development property from the collection of taxes on

improvements, until such time as the real property no longer qualifies as development property, as

defined herein.

     For the purposes of this section, "development property" means: (A) Real property on

which a single-family residential dwelling or residential condominium is situated and said single-

family residential dwelling or residential condominium unit is not occupied, has never been

occupied, is not under contract, and is on the market for sale; or (B) Improvements and/or

rehabilitation of single-family residential dwellings or residential condominiums that the owner of

such development property purchased out of a foreclosure sale, auction, or from a bank, and which

property is not occupied. Such property described in § 44-5-12 subsection (a)(6)(ii) of this section

shall continue to be taxed at the assessed value at the time of purchase until such time as such

property is sold or occupied and no longer qualifies as development property. As to residential

condominiums, this exemption shall not affect taxes on the common areas and facilities as set forth

in § 34-36-27. In no circumstance shall such designation as development property extend beyond

two (2) tax years and a qualification as a development property shall only apply to property that

applies for, or receives, construction permits after July 1, 2015. Further, the exemptions set forth

in this section shall not apply to land.

     The exemptions set forth in this subsection (a)(6) for development property shall expire as

of December 31, 2021.

     (b) Municipalities shall make available to every land owner whose property is taxed under

the provisions of this section a document that may be signed before a notary public containing

language to the effect that they are aware of the additional taxes imposed by the provisions of § 44-

5-39 in the event that they use land classified as farm, forest, or open space land for another purpose.

     (c) Pursuant to the provisions of § 44-3-29.1, all wholesale and retail inventory subject to

taxation is assessed at its full and fair cash value, or at a uniform percentage of its value, not to

exceed one hundred percent (100%), for fiscal year 1999, by the assessors in each town and city.

Once the fiscal year 1999 value of the inventory has been assessed, this value shall not increase.

The phase-out rate schedule established in § 44-3-29.1(d) applies to this fixed value in each year

of the phase out.

 

(290 and 291)

     (a) All real property subject to taxation shall be assessed at its full and fair cash value, or

at a uniform percentage of its value, not to exceed one hundred percent (100%), to be determined

by the assessors in each town or city; provided, that:

 

 

 

 

619)

Section

Amended Chapter Numbers:

 

44-5-20.05

269 and 270

 

 

44-5-20.05. Westerly -- Property tax classification.

     The towns town of Westerly and Smithfieldmay may, by resolution or ordinance adopted

by its respective the town council, provide for a system of classification of taxable property in

conformity with the provisions of §§ 44-5-20.06 -- 44-5-20.08.

 

 

 

 

620

Section

Amended Chapter Numbers:

 

44-5-20.06

269 and 270

 

 

44-5-20.06. Westerly -- Property tax classification -- List of ratable property.

     Upon adoption of a system of classification of taxable property by the town of Westerly or

by the town of Smithfield, all ratable property in the town of Westerly or Smithfield, as the case

may be, shall be classified by the assessor as follows:

     (1) Class 1: In the town of Westerly, all ratable real estate and tangible personal property;

in the town of Smithfield, all ratable real estate.

     (2) Class 2: In the town of Westerly, all motor vehicles and trailers subject to the excise

tax created by chapter 34 of this title; in the town of Smithfield, all tangible personal property as

well as all motor vehicles and trailers subject to the excise tax created by chapter 34 of this title.

 

 

 

 

621)

Section

Amended Chapter Numbers:

 

44-5-20.07

269 and 270

 

 

44-5-20.07. Westerly -- Property tax classification -- Duties of assessor.

     (a) The assessor of the town of Westerly or of the town of Smithfield, on or before June 15

of each year, shall make a full and fair cash valuation of all the estate, real and personal, and motor

vehicles subject to taxation, and determine the assessed valuation of each property class.

     (b) The assessor shall apply different rates of taxation against Class 1 and Class 2 property

to determine the tax due and payable on the property; provided, that the rate for each class is

uniform.

 

 

 

 

622)

Section

Amended Chapter Numbers:

 

44-5-20.08

269 and 270

 

 

44-5-20.08. Westerly -- Property tax classification -- Tax levy determination.

     The assessor of the town of Westerly or of the town of Smithfield shall provide to the town

council of Westerly or of Smithfield, as the case may be, a list containing the full and fair cash

valuation of each property class, and with the approval of the town of Westerly or of the town of

Smithfield town council, annually determine the percentages of the tax levy to be apportioned each

class of property and shall annually apply tax rates sufficient to produce the proportion of the total

tax levy.

 

 

 

 

623)

Section

Amended Chapter Numbers:

 

44-5-30

121 and 122

 

 

44-5-30. Judgment on petition where taxpayer has filed account.

     If the taxpayer has given in an account, and if on the trial of the petition, either with or

without a jury, it appears that the taxpayer's real estate, tangible personal property, or intangible

personal property has been assessed, if assessment has been made at full and fair cash value, at a

value in excess of its full and fair cash value, or if assessment has purportedly been made at a

uniform percentage of full and fair cash value, at a percentage in excess of the uniform percentage,

in excess of the provisions of § 44-5-12 or if it appears that the tax assessed is illegal in whole or

in part, the court shall give judgment that the sum by which the taxpayer has been so overtaxed, or

illegally taxed, with his or her costs, be deducted from his or her tax; but if the taxpayer's tax be

paid, whether before or after the filing of the petition, then the court shall give judgment for the

petitioner for the sum by which he or she has been so overtaxed, or illegally taxed, plus the amount

of any penalty paid on the tax, with interest from the date on which the tax and penalty were paid

and costs, which judgment shall be paid to the petitioner by the city or town treasurer out of the

treasury. If, however, on the trial of the petition, it appears that the taxpayer has fraudulently

concealed or omitted any property from his or her account, or if it appears that the assessors have

not assessed either the taxpayer's real estate or his or her tangible personal property or his or her

intangible personal property at a value in excess of its full and fair cash value, if assessment has

been made at full and fair cash value, or if assessment has purportedly been made at a uniform

percentage of full and fair cash value, at a percentage in excess of the uniform percentage the

provisions of § 44-5-12, and that the taxpayer has not been illegally taxed, the assessors shall have

judgment and execution for their costs.

 

 

 

 

624)

Section

Added Chapter Numbers:

 

44-5-87

353 and 356

 

 

44-5-87. Property tax credit in exchange for volunteer services performed by persons

over age sixty (60).

     (a)(1) Each city and town, by resolution or ordinance adopted by the city or town council,

may establish a program to allow persons over the age of sixty (60) years to volunteer to provide

services to such the city or town. In exchange for such the volunteer services, the city or town shall

reduce the real property tax obligations of such the person over the age of sixty (60) years on their

tax bills and any reduction so provided shall be in addition to any exemption or abatement to which

any such person is otherwise entitled and no such person shall receive a rate of, or be credited with,

more than the current state minimum wage per hour for services provided pursuant to such the

reduction nor shall the reduction of the real property tax bill exceed one thousand five hundred

dollars ($1,500) in a given tax year. It shall be the responsibility of the city or town to maintain a

record for each taxpayer including, but not limited to, the number of hours of service and the total

amount by which the real property tax has been reduced and to provide a copy of such the record

to the assessor in order that the actual tax bill reflect the credit granted. A copy of such the record

shall also be provided to the taxpayer prior to the issuance of the actual tax bill. Such The cities

and towns shall have the power to create local rules and procedures for implementing this section

in any way consistent with the intent of this section.

     (2) In no instance shall the amount by which a person's property tax liability is reduced in

exchange for the provision of services be considered income, wages, or employment for purposes

of taxation,; for the purposes of withholding taxes,; for the purposes of workers' compensation; or

any other applicable provisions of the general laws, but such the person while providing such the

services shall be considered a public employee; provided, however, that such the services shall be

deemed employment for the purposes of unemployment insurance.

     (b) A city or town, by vote of its city or town council, may adjust the credit in subsection

(a) of this section by:

     (1) Allowing an approved representative, for persons physically unable, to provide such

the services to the city or town; or

     (2) Allowing the maximum reduction of the real property tax bill to be based on one

hundred twenty-five (125) volunteer service hours in a given tax year, rather than one thousand

five hundred dollars ($1,500).

 

 

 

 

625)

Section

Amended Chapter Numbers:

 

44-19-1

Article 6, 309 and 310

 

 

44-19-1. Annual permit required – Retail business subject to sales tax – Promotion of

shows – Revocation of show permit.

     (a)(1) Every person desiring to engage in or conduct within this state a business of making

sales at retail, or engage in a business of renting living quarters in any hotel, rooming house, or

tourist camp, the gross receipts from which sales or rental charges are required to be included in

the measure of the tax imposed under chapter 18 of this title, shall file with the tax administrator

an application for a permit for each place of business. The application shall be in a form, include

information, and bear any signatures that the tax administrator may require. At the time of making

an application, the applicant shall pay to the tax administrator a permit fee of ten dollars ($10.00)

for each permit. There shall be no fee for this permit. Every permit issued under this chapter expires

on June 30 of each year at the times prescribed by the tax administrator.

     (2) Every permit holder shall annually, on or before February 1 on forms prescribed and at

the times prescribed by the tax administrator of each year, renew its permit by filing an application

for renewal along with a ten dollars ($10.00) renewal fee. The renewal permit is valid for the period

July 1 of that calendar year through June 30 of the subsequent calendar year unless otherwise

canceled, suspended, or revoked. All fees received under this section are allocated to the tax

administrator for enforcement and collection of all taxes.

     (b)(1) Every promoter of a show shall, at least ten (10) days prior to the opening of each

show, file with the tax administrator a notice stating the location and dates of the show, in a form

prescribed by the tax administrator.

     (2) The tax administrator shall, within five (5) days after the receipt of that notice, issue to

the promoter, without charge, a permit to operate the show, unless the provisions of subdivision (5)

of this subsection subsection (b)(5) of this section have been applied to the promoter. No promoter

may operate a show without obtaining the permit. The permit shall be prominently displayed at the

main entrance of the show.

     (3) Any promoter who is a retailer shall comply with all of the provisions of this chapter

and chapter 18 relating to retailers, in addition to all of the provisions of this chapter relating to

promoters.

     (4) A promoter may not permit any person to display or sell tangible personal property,

services, or food and drink at a show unless that person is registered under subsection (a) of this

section and displays his or her permit in accordance with the provisions of subsection (a) of this

section.

     (5) Any promoter who permits any person to display or sell tangible personal property,

services, or food and drink at a show who is not registered, or does not display a permit, or fails to

keep a record or file a monthly report of the name, address, and permit number of every person

whom the promoter permitted to sell or display tangible personal property, services, or food and

drink at a show, is subject to revocation of all existing permits issued pursuant to this section to

operate a show, and to the denial of a permit to operate any show for a period of not more than two

(2) years, in addition to the provisions of § 44-19-31.

 

(309 and 310)

    (2) The tax administrator shall, within five (5) days after the receipt of that notice, issue to

the promoter, without charge, a permit to operate the show, unless the provisions of subdivision (5)

of this subsection (b)(5) of this section have been applied to the promoter. No promoter may

operate a show without obtaining the permit. The permit shall be prominently displayed at the main

entrance of the show.

 

 

 

 

626)

Section

Amended Chapter Numbers:

 

44-19-2

Article 6, 309 and 310

 

 

44-19-2. Issuance of permit – Assignment prohibited – Display.

     Upon receipt of the required application and permit fee, the tax administrator shall issue to

the applicant a separate permit for each place of business within the state. If the applicant, at the

time of making the application, owes any tax, penalty, or interest imposed under chapters 18 and

19 of this title, then before a permit is issued the applicant shall pay the amount owed. A permit is

not assignable and is valid only for the person in whose name it is issued and for the transaction of

business at the place designated in the permit. The permit shall at all times be conspicuously

displayed at the place for which issued. A retailer whose permit has been previously suspended or

revoked shall pay to the tax administrator a fee of ten dollars ($10.00) for the renewal or issuance

of a permit.

 

 

 

 

627)

Section

Amended Chapter Numbers:

 

44-27-3

182 and 183

 

 

44-27-3. Classification of farmland or dairy farmland.

     (a) An owner of land may file a written application with the director of environmental

management, for its designation by the director as farmland or as dairy farmland. When the

application is made and after a filing fee of ten dollars ($10.00) is paid, the director shall examine

the land and, if the director determines that it is farmland or as dairy farmland, the director shall

issue a certificate in his or her office, furnish a copy to the owner of the land, and file one copy in

the office of the assessor of the city or town in which the land is located.

     (b) When requested to do so by the assessor or whenever the director deems it necessary,

the director of environmental management shall re-examine land designated by the director as

farmland or as dairy farmland. If the director finds that this land is no longer farmland or dairy

farmland, the director shall send a notice to the landowner that the landowner has thirty (30) days

either to bring the land into compliance or to request a formal hearing before the director. If after

the thirty (30) days or after the hearing, the director confirms that the land is no longer farmland or

dairy farmland, the director shall issue a certificate canceling his or her designation of the land as

farmland or dairy farmland, and shall furnish one copy to the owner and file one in the office of the

assessor. Loss of designation by action of the director of environmental management makes the

land subject to the land use change tax provided for in § 44-5-39.

     (c)(1) An owner of land designated as farmland or dairy farmland by the director of

environmental management may apply for its classification as farmland or dairy farmland on any

assessment list of the city or town where it is located by filing a written application for that

classification with the assessor of the city or town not earlier than thirty (30) days before nor later

than thirty (30) days after the date of assessment, except that in years of revaluation not later than

thirty (30) days after written notice of revaluation or in its absence after receipt of the tax bill, and

if the director has not cancelled his or her designation of that land as farmland or dairy farmland as

of a date at or prior to the date of the assessment, the assessor shall classify the land as farmland or

dairy farmland and include it as farmland or dairy farmland on the assessment list.

     (2) In order to maintain this classification, each year thereafter, the property owner shall

submit to the assessor a certificate on a form prescribed by the assessor confirming that the land is

still used in farming or dairy farming. The assessor shall in the first notification mail the forms by

first class mail not later than the thirtieth of November and if a second notification is needed, it

shall be mailed certified. Failure to submit the certificate by thirty (30) days after the date of

assessment is construed as voluntary withdrawal of the classification, except that the assessor may

waive this requirement for good cause.

     (3) Notwithstanding the preceding subsections, whenever the owner of land designated and

classified as farmland or dairy farmland is a municipal land trust, municipal conservation

commission, or private nonprofit land trust, annual certification is not required, and the

classification continues until the voluntary withdrawal of the classification by the owner, or the

transfer of the land by the owner in fee simple.

     (d) Application to the director of environmental management for designation as farmland

or dairy farmland shall be made upon a form prescribed by the director and shall present a

description of the land and any other information that he or she may require to aid the director in

determining whether the land qualifies for that designation. An application to an assessor for

classification of land as farmland or dairy farmland shall be made upon a form prescribed by the

assessor and shall present a description of the land and the date of issuance by the director of

environmental management of his or her certificate designating it as farmland or dairy farmland.

     (e) Failure to file an application for classification of farmland or dairy farmland within the

time limit prescribed in subsection (c) of this section and in the manner and form prescribed in

subsection (d) of this section shall be construed as a waiver of the right to that classification on the

assessment list.

     (f) Any landowner aggrieved by: (1) the cancellation of a designation under subsection (b)

of this section or the denial of an application, filed in accordance with the provisions of subsections

(c) and (d) of this section, by the assessor of a city or town for a classification of land as farmland

or dairy farmland; or (2) the use value assessment placed on land classified as farmland or dairy

farmland by the assessor; has the right to file an appeal within ninety (90) days of receiving notice,

in writing, of the denial or the use value assessment with the board of assessment review of the city

or town. Should the city or town not have a board of assessment review, the city or town council

reviews shall review the appeal. The assessor shall be given the opportunity to explain either his

or her refusal to classify the land or the assessment placed on the classified land. The board of

review, or city or town council, shall also consider the testimony of the landowner and the city or

town's planning board and conservation commission, if they exist. They shall also seek and consider

the advice of the office of state planning, the department of environmental management, the dean

of the college of resource development, and the conservation district in which the city or town is

located.

     (g)(1) The board of assessment review, or city or town council, shall not disturb the

designation of the director issued pursuant to subsection (a) of this section, unless the tax assessor

has shown by a preponderance of the evidence that that designation was erroneous.

     (2) The board of assessment review, or city or town council, shall render a decision within

forty-five (45) days of the date of filing the appeal. Decisions of the board of assessment review,

or city or town council, may be appealed to the superior court pursuant to § 44-27-6.

 

 

 

628)

Section

Amended Chapter Numbers:

 

400 and 401

45-20-1

 

 

45-20-1. Petition for judicial review of removal of firefighter.

     (a) Any fire fighter firefighter or fire fighters firefighters, jointly or severally aggrieved

by any decision of the bureau of police and fire or any similar department, board or bureau of a city

or town having control of the fire department of the city or town, which decision orders the removal

of the person from membership in the fire department based on criminal charges of moral turpitude,

may present, to the superior court of the state of Rhode Island for the county in which the city or

town is located, a verified petition stating that the decision is illegal in whole or in part and

specifying the grounds of the illegality. The petition shall be presented to the court within thirty

(30) days after the decision of the department, board, or bureau.

     (b) Upon the presentation of the petition, the court may allow a writ of certiorari directed

to the department, board, or bureau to review its decision, and shall prescribe in the unit the time

authorized which a return to the unit must be made, which shall be not less than twenty (20) days

and may be extended by the court.

     (c) The allowance of the writ does not stay the effect of the decision.

 

 

 

629)

Section

Amended Chapter Numbers:

 

45-20-1.1

400 and 401

 

 

45-20-1.1. Petition for judicial review of disciplinary action against police officers.

     (a) Any police officer or police officers, jointly or severally, aggrieved by any decision of

the bureau of police and fire, or any similar department, board, or bureau of a city or town having

control of the police department, or any other duly constituted authority within the police

department of the city or town, which decision orders the dismissal, reduction in rank, suspension,

fine, performance of extra hours of duty, loss of seniority rights, transfer with or without a reduction

in pay, or reprimand, and the decision is based on charges involving moral turpitude or violation

of departmental regulations, may appeal the decision to the superior court of the state of Rhode

Island for the county in which the city or town is located; provided, that no appeal is allowed unless

all administrative remedies available under the municipal charter have been exhausted; and,

provided, further, that an appeal does not stay the operation of the decision. Upon appeal, the police

officer or police officers are entitled to a trial de novo before a justice of the superior court without

a jury.

     (b) The superior court may uphold the decision, reverse the decision, restore the police

officer to the officer's former rank, revoke the suspension, reduce the penalty, negate the transfer,

or allow a transfer without loss of pay. If the decision is reversed or modified by the superior court,

the police officer or police officers shall, to the extent that the decision is reversed or modified, be

reimbursed monetarily or by compensatory time off for all loss of pay and/or extra duty hours

performed.

 

 

 

630)

Section

Amended Chapter Numbers:

 

45-21-8

57 and 58

 

 

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 subsections (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 (hl) 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.

     (o) Notwithstanding the provisions of this section, any town of Middletown employees,

who will be members of the Middletown Fraternal Order of Police, Lodge #21, and hired as full-

time police officers after June 30, 2021, shall be enrolled in a defined contribution plan (i.e., a

401(a) 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,

2021, while participating in the defined contribution plan (i.e., a 401(a) plan or equivalent thereof)

established by the town of Middletown, should the member cease employment with the town of

Middletown or in the Middletown Fraternal Order of Police, Lodge #21 bargaining unit and re-

enter the system with any participating employer who has accepted the provisions as defined in §

45-21-4.

 

 

 

 

631)

Section

Amended Chapter Numbers:

 

45-21.2-9

391 and 392

 

 

45-21.2-9. Retirement for accidental disability.

     (a) Any member in active service, regardless of length of service, is entitled to an accidental

disability retirement allowance. Application for the allowance is made by the member or on the

member's behalf, stating that the member is physically or mentally incapacitated for further service

as the result of an injury or illness sustained while in the performance of duty and certifying to the

time, place, and conditions of the duty performed by the member that resulted in the alleged

disability and that the alleged disability was not the result of the willful negligence or misconduct

on the part of the member, and was not the result of age or length of service, and that the member

has not attained the age of sixty-five (65). The application shall be made within eighteen (18)

months of the alleged accident from which the injury has resulted in the member's present disability

and shall be accompanied by an accident report and a physician's report certifying to the disability.

If the member was able to return to his or her employment and subsequently reinjures or aggravates

the same injury or illness, the member shall make another application within eighteen (18) months

of the reinjury or aggravation that shall be accompanied by a physician's report certifying to the

reinjury or aggravation causing the disability. If a medical examination made by three (3)

physicians engaged by the retirement board, and other investigations as the board may make,

confirms the statements made by the member, the board may grant the member an accidental

disability retirement allowance.

     (b) For the purposes of subsection (a), "aggravation" shall mean an intervening work-

related trauma that independently contributes to a member's original injury or illness that amounts

to more than the natural progression of the preexisting disease or condition and is not the result of

age or length of service. The intervening independent trauma causing the aggravation must be an

identifiable event or series of work-related events that are the proximate cause of the member's

present condition of disability.

     (c) "Occupational cancer," as used in this section, means a cancer arising out of

employment as a firefighter, due to injury or illness due to exposures to smoke, fumes, or

carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in

the fire department.

     (d) For purposes of subsection (a), "reinjury" shall mean a recurrence of the original work-

related injury or illness from a specific ascertainable event. The specific event must be the

proximate cause of the member's present condition of disability.

     (e) Any firefighter, including one employed by the state, or a municipal firefighter

employed by a municipality that participates in the optional retirement for police officers and

firefighters as provided in this chapter, who is unable to perform his or her duties in the fire

department by reason of a disabling occupational cancer (as defined in §§ 45-19.1-2 and 45-19.1-

4) that develops or manifests itself during a period while the firefighter is in the service of the

department, and any retired member of the fire force of any city or town who develops occupational

cancer (as defined in §§ 45-19.1-2 and 45-19.1-4), is entitled to receive an occupational cancer

disability and he or she is entitled to all of the benefits provided for in this chapter, chapters 19,

19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state.

     (f) In the event that any party is aggrieved by the determination of the retirement board

pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may

submit an appeal to the Rhode Island workers' compensation court. The appellant shall file a notice

of appeal with the retirement board and with the workers' compensation court within twenty (20)

days of the entry of the retirement board's decision and shall serve a copy of the notice of appeal

upon the opposing party.

     (g) Within twenty (20) days of the receipt of the notice of appeal, the retirement board shall

transmit the entire record of proceedings before it, together with its order, to the workers'

compensation court.

     (h) In the event that a party files a notice of appeal to the workers' compensation court, the

order of the retirement board shall be stayed pending further action by the court pursuant to the

provisions of § 28-35-20.

     (i) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and

shall issue a notice at the time advising the parties of the judge to whom the case has been assigned

and the date for pretrial conference in accordance with § 28-35-20.

     (j) All proceedings filed with the workers' compensation court pursuant to this section shall

be de novo and shall be subject to the provisions of chapters 29 -- 38 of title 28 for all case

management procedures and dispute resolution processes, as provided under the rules of the

workers' compensation court. The workers' compensation court shall enter a pretrial order in

accordance with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the

petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be

paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that

the retirement board files a claim for trial of the pretrial order entered by the court, the order of the

court shall be stayed until a final order or decree is entered by the court. If after trial and the entry

of a final decree the court sustains the findings and orders entered in the pretrial order, the

retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial

order was entered until the time the final decree is entered by the court. Where the matter has been

heard and decided by the workers' compensation court, the court shall retain jurisdiction to review

any prior orders or decrees entered by it. The petitions to review shall be filed directly with the

workers' compensation court and shall be subject to the case management and dispute resolution

procedures set forth in chapters 29 -- 38 of title 28 ("Labor and Labor Relations").

     (k) If the court determines that a member qualifies for accidental disability retirement, the

member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66 2/3%)

of the rate of the member's compensation at the date of the member's retirement, subject to the

provisions of § 45-21-31.

 

 

 

632)

Section

Added Chapter Numbers:

 

45-21.5

226 and 227

 

 

CHAPTER 45-21.5

WEST WARWICK PENSION PLAN

 

 

 

633)

Section

Added Chapter Numbers:

 

45-21.5-1

226 and 227

 

 

45-21.5-1. 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, school, and municipal employees;

     (2) The town of West Warwick’s pension plans are currently in “critical status” as defined

in § 45-65-4 which resulted in the town of West Warwick undergoing pension reform in 2014 and

the submission of a funding improvement plan in accordance with § 45-65-6;

     (3) The town of West Warwick, the West Warwick school department, the labor and other

organizations representing its employees, first responders, and retirees, and the state of Rhode

Island are united in their desire to see the town of West Warwick 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 town of West Warwick and retirement security for its employees, first responders

and retirees; and

     (4) The general assembly adopts this chapter to facilitate the assistance of the municipal

employees' retirement system (MERS) of the state of Rhode Island in administering the local West

Warwick pension plans.

 

 

 

634)

Section

Added Chapter Numbers:

 

45-21.5-2

226 and 227

 

 

45-21.5-2. Alternative acceptance by the town of West Warwick for West Warwick

school and municipal employees.

     (a) The provisions of this section shall apply only to the locally-administered plan,

excluding police and fire within the town of West Warwick, hereinafter referred to as the "West

Warwick plan, excluding police and fire."

     (b) No later than August 31, 2021, West Warwick and the West Warwick school committee

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 and active non-

certified school employees to be included, have assented to such participation of their respective

memberships by ratification of amendments to the applicable collective bargaining agreement by a

majority vote of those members of any such labor organization present and voting; and, provided

further that, any applicable final and consent judgments are amended. A copy of the resolutions or

ordinance and proof of assent from the applicable labor organization, and/or amendment to any

applicable final and consent judgments, 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 into the system

provided in this section shall be required.

     (c) The West Warwick plan, excluding police and fire, shall be closed to new members on

August 31, 2021.

     (d) Following acceptance as provided in subsection (b) of this section, members of the

West Warwick plan, excluding police and fire, in active service on August 31, 2021, shall continue

to be subject to all plan provisions, as set forth in the 2006 pension plan as modified by any

collective bargaining agreement, memorandum of agreement, arbitration award, final and consent

judgment and/or any individual contractual agreement between any nonunion employee and the

town and/or school committee in effect on August 31, 2021 (hereinafter collectively "the 2006

pension plan as modified") . These provisions shall include, but not be limited to, applicable

retirement ages, plan restrictions, accrual rates, contribution requirements, eligibility requirements,

benefit calculations and any and all provisions related to postemployment benefits, death benefits,

cost-of-living adjustments, and rules permitting employment in and pension credit accrual within

other municipalities or the state which that are participants in any other retirement plan

administered by the state. The intent of this section is that all members of the West Warwick plan,

excluding police and fire, shall continue to enjoy all benefits and be subject to the same terms of

the pension plan in existence on August 31, 2021, and that the municipal employees’ retirement

system shall administer, but not change, the pension plan benefits and terms formerly provided by

the town unless expressly provided otherwise in this section.

     (e) Disability determinations for new applications received on or after the date assets are

transferred pursuant to §45-21.5-6 shall be made by the retirement board, subject to the procedures

and standards of §§ 45-21-19, 45-21-22, 45-21-23, and 45-21-24, for members in active service on

August 31, 2021. If a disability retirement pension, including a partial disability, is granted, the

member shall receive benefits provided by the West Warwick pension plan, excluding police and

fire, pursuant to the 2006 pension plan as modified in effect on August 31, 2021.

     (f) Subject to the provisions of subsection (b) of this section being met, new employees

hired on or after September 1, 2021, shall be subject to the provisions of chapters chapter 21 or

21.2 of this title as applicable, including all applicable disability provisions and benefits provided

by §§ 36-10.3-4 and 45-21-52.

     (g) Members of the West Warwick plan, excluding police and fire, in active service on

August 31, 2021, shall have a one-time irrevocable option to become subject to all of the provisions

of chapters chapter 21 or 21.2 of this title as applicable, including all applicable disability

provisions and benefits provided by §§ 36-10.3-4 and 45-21-52. Such election shall be made on or

before September 30, 2021.

     (h) Notwithstanding any provisions in § 45-21-42.2 to the contrary, the cost to evaluate

West Warwick's prospective participation in the retirement system pursuant to this section or § 45-

21.5-3, shall be borne by the retirement board.

     (i) Notwithstanding any provisions in § 45-21-43.1 to the contrary, determination of the

employer contribution rate of the closed West Warwick pension plan, excluding police and fire,

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 any provisions in § 45-21-56 to the contrary, if a West Warwick

pension plan, excluding police and fire, pursuant to this section is in critical status as defined in §

45-65-4, and a member of the West Warwick pension plan, excluding police and fire, 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 contributions

and member's total accrued liability with the West Warwick pension plan, excluding, police and

fire, multiplied by the funded status of the West Warwick pension plan, excluding, police and fire,

to the account of the current employing municipality.

     (k) Upon the conditions of subsection (b) of this section being met, the town of West

Warwick and the West Warwick school committee shall remain liable to the retirement system for

the cost of funding a retirement system for its employees who are participants 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 West Warwick

plan, excluding police and fire, 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 the provisions of this chapter, then the provisions of this chapter shall control. Liability

of contributions is enforced in the same manner as stated in chapter 21 of this title.

 

 

 

635)

Section

Added Chapter Numbers:

 

45-21.5-3

226 and 227

 

 

45-21.5-3. Retiree participation in retirement plan for school and municipal

employees.

     (a) The provisions of this section shall apply only to the locally-administered plan,

excluding police and fire, within the town of West Warwick.

     (b)(1) Notwithstanding any provision of this chapter to the contrary, no later than August

31, 2021, West Warwick and the West Warwick school committee may accept the provisions of

this chapter by resolution or 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; and, provided further that, any applicable final and consent judgments are amended. A

copy of the resolutions or ordinance and proof of assent from the applicable retiree organization,

and/or amendment to any applicable final and consent judgments, 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 retirees into the system shall be required.

     (2) For purposes of this section, "retired former employees" means any member of the West

Warwick pension plan, excluding police and fire, who has retired prior to September 1, 2021.

     (c)(1)Notwithstanding any other provisions of this section or other applicable law, upon

acceptance into the system, all retired former employees and their beneficiaries shall continue to

be subject to all plan provisions, as set forth by the plan, collective bargaining agreement,

memorandum of agreement, arbitration award, final and consent judgment, and/or any individual

contractual agreement between any nonunion employee and the town and/or school committee in

effect upon the retired former employee’s date of retirement. These provisions shall include, but

are not limited to,: applicable retirement ages, plan restrictions, accrual rates, contribution

requirements, eligibility requirements, benefit calculations, and any and all provisions related to

postemployment benefits, death benefits, cost-of-living adjustments, and rules permitting

employment in and pension credit accrual within other municipalities or the state which that are

participants in any other retirement plan administered by the state. The intent of this section is that

all retired former employees of the West Warwick plan, excluding police and fire, shall continue

to enjoy all benefits and be subject to the same terms of the pension plan in existence upon his or

her their date of retirement and that the municipal employees' retirement system shall administer,

but not change, the pension plan benefits and terms formerly provided by the town unless expressly

provided otherwise in this section.

     (2) Retired former employees under this section shall not be entitled to any retirement

allowance or benefit from the system otherwise available or calculated pursuant to the provisions

of §§ 45-21-16, § 45-21-27, § 45-21-51, or § 45-21-51.1 with regard to his or her their West

Warwick pension benefit.

     (d) The cost to evaluate West Warwick’s 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.

     (e) Upon the conditions of subsection (b) of this section being met, the town of West

Warwick and the West Warwick school committee shall remain liable to the retirement system for

the cost of funding a retirement system for its retired 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.

     (f) 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 the provisions of this chapter, then the

provisions of this chapter shall control. Liability of the municipality is enforced in the same manner

as stated in chapter 21 of this title.

 

 

 

 

636)

Section

Added Chapter Numbers:

 

45-21.5-4

226 and 227

 

 

45-21.5-4. Alternative acceptance by the town of West Warwick of optional

retirement for police and firefighters.

     (a) The provisions of this section shall apply only to the locally-administered plan for

police and fire within the town of West Warwick hereinafter referred to as the "West Warwick plan

for police and fire."

     (b) No later than August 31, 2021, West Warwick may accept the provisions of this chapter,

by resolution or an ordinance of its governing body, stating the group or groups of public safety

employees to be included as provided in § 45-21-4; provided that, any and all labor organizations,

representing active police and fire of the municipality to be included, have assented to such

participation of their respective memberships by ratification of amendments to the applicable

collective bargaining agreement by a majority vote of those members of any such labor

organization present and voting; and, provided further that, any applicable final and consent

judgments are amended. A copy of the resolution or ordinance and proof of assent from the

applicable labor organization, and/or amendment to any applicable final and consent judgments,

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 into the system as provided in this section shall be

required.

     (c) The West Warwick plan for police and fire shall be closed to new members on August

31, 2021.

     (d) Following acceptance as provided in subsection (b) of this section, members of the

West Warwick plan for police and fire in active service on August 31, 2021, shall continue to be

subject to all of the provisions, as set forth in the 2006 pension plan as modified by any collective

bargaining agreement, memorandum of agreement, arbitration award, final and consent judgment

and/or any individual contractual agreement between any non-union employee and the town in

effect on August 31, 2021 (hereinafter collectively “the 2006 pension plan as modified”). These

provisions shall include, but not be limited to,: applicable retirement ages, plan restrictions, accrual

rates, contribution requirements, eligibility requirements, benefit calculations, and any and all

provisions related to post-employment benefits, death benefits, cost-of-living adjustments, and

rules permitting employment in and pension credit accrual within other municipalities or the state

which that are participants in any other retirement plan administered by the state. The intent of this

section is that all members of the West Warwick plan for police and fire shall continue to enjoy all

benefits and be subject to the same terms of the pension plan in existence on August 31, 2021, and

that the municipal employees’ retirement system shall administer, but not change, the pension

benefits and terms formerly provided by the town unless expressly provided otherwise in this

section.

     (e) Disability determinations shall be made by the retirement board, subject to the

procedures and standards of §§ 45-21.2-7 (except for the eligible service requirements) and 45-

21.2-9 as applicable, for members hired prior to September 1, 2021. If a disability retirement

pension is granted, the member shall receive benefits provided by the West Warwick pension plan

pursuant to the 2006 pension plan as modified in effect on August 31, 2021. If the retirement board

denies the application for an accidental disability pension, the member may submit an appeal to the

Rhode Island workers’ compensation court pursuant to §§ 45-21.2-9(f) through (j).

     (f) Subject to the provisions of subsection (b) of this section being met, new employees

hired on or after September 1, 2021, shall be subject to all of the provisions of chapter 21.2 of this

title as applicable, including all applicable disability provisions and benefits provided by §§ 36-

10.3-4 and 45-21-52.

     (g) Members of the West Warwick plan for police and fire in active service as of August

31, 2021, and civilian employees of the West Warwick Fire Department as of August 31, 2021,

who are part of the firefighters' bargaining unit but are members of the West Warwick plan

excluding police and fire, shall have a one-time irrevocable option to become subject to the

provisions of chapters chapter 21 or 21.2 of this title as applicable, including all applicable

disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52. Such election shall be

made on or before September 30, 2021.

     (h) Notwithstanding any provision in § 45-21-42.2 to the contrary, the cost to evaluate

West Warwick prospective participation in the retirement system pursuant to this section or § 45-

21.5-3, shall be borne by the retirement board.

     (i) Notwithstanding any provision in § 45-21-43.1 to the contrary, determination of the

employer contribution rate of the closed West Warwick pension plan for police and fire 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 closed periods consistent with § 45-21-43.1(c).

     (j) Notwithstanding any provision in § 45-21-56 to the contrary, if a West Warwick pension

plan for police and fire pursuant to this section is in critical status as defined in § 45-65-4, and a

member of the West Warwick pension plan for police and fire 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 contributions and member's total

accrued liability with the West Warwick pension plan for police and fire, multiplied by the funded

status of the West Warwick pension plan for police and fire, to the account of the current employing

municipality.

     (k) Upon the conditions of subsection (b) of this section being met, the town of West

Warwick 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 West Warwick

plan for police and fire 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 the provisions of this chapter, then the provisions of this chapter shall control. Liability

of contributions is enforced in the same manner as stated in chapter 21 of this title.

 

 

 

 

637)

Section

Added Chapter Numbers:

 

45-21.5-5

226 and 227

 

 

45-21.5-5. Retiree participation in optional retirement plan for police and fire.

     (a) The provisions of this section shall apply only to the locally-administered plan for

police and fire within the town of West Warwick.

     (b)(1) Notwithstanding any provision of this chapter to the contrary, no later than August

31, 2021, West Warwick may accept the provisions of this chapter by resolution or 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; and, provided further that, any applicable

final and consent judgments are amended. A copy of the resolution or ordinance and proof of assent

from the applicable retiree organization, and/or amendment to any final and consent judgments,

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 retirees into the system shall be required.

     (2) For purposes of this section, "retired former employees" means any member of the West

Warwick plan for police and fire who has retired prior to September 1, 2021.

     (c)(1) Notwithstanding any other provisions of this section or other applicable law, upon

acceptance into the system, all retired former employees and their beneficiaries shall continue to

be subject to all plan provisions, as set forth by the plan, collective bargaining agreement,

memorandum of agreement, arbitration award, final and consent judgment and/or any individual

contractual agreement between any nonunion employee and the town in effect upon the retired

former employee’s date of retirement. These provisions shall include, but are not limited to,:

applicable retirement ages, plan restrictions, accrual rates, contribution requirements, eligibility

requirements, benefit calculations and any and all provisions related to postemployment benefits,

death benefits, cost-of-living adjustments, and rules permitting employment in and pension credit

accrual within other municipalities or the state which that are participants in any other retirement

plan administered by the state. The intent of this section is that all retired former employees of the

West Warwick plan, including police and fire, shall continue to enjoy all benefits and be subject to

the same terms of the pension plan in existence upon his or her their date of retirement and that the

municipal employees’ retirement system shall administer, but not change, the pension plan benefits

and terms formerly provided by the town unless expressly provided otherwise in this section.

     (2) Retired former employees under this section, 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, § 45-21.2-20, § 45-21.2-21, or § 45-21.2-22 with regard to his or

her their West Warwick pension benefit.

     (d) The cost to evaluate West Warwick’s 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.

     (e) Upon the conditions of subsection (b) of this section being met, the town of West

Warwick shall remain liable to the retirement system for the cost of funding a retirement system

for its retired public safety 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.

     (f) 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 the provisions of this chapter, then the

provisions of this chapter shall control. Liability of the municipality is enforced in the same manner

as stated in chapter 21 of this title.

 

 

 

638)

Section

Added Chapter Numbers:

 

45-21.5-6

226 and 227

 

 

45-21.5-6. Transfer of assets.

     Subject to the provisions of §§ 45-21.5-2(b) and 45-21.5-3(b) being met, no later than July

1, 2022, the system shall be responsible for administering the West Warwick plans and West

Warwick shall transfer to the system the accumulated contributions of each member entering the

system, the assets related to the actuarial accrued liability of those transferred employees and any

other assets of the West Warwick plans.

 

 

 

 

639)

Section

Added Chapter Numbers:

 

45-21.5-7

226 and 227

 

 

45-21.5-7. Funding improvement period.

     Subject to the provisions of §§ 45-21.5-2(b), 45-21.5-3(b), 45-21.5-4(b), and 45-21.5-5(b)

being met, the funding improvement plan submitted by the town of West Warwick on March 29,

2014, shall have a funding improvement period of twenty (20) years for purposes of § 36-10.2-8.

 

 

 

 

 

 

 

640)

Section

Added Chapter Numbers:

 

45-21.5-8

226 and 227

 

 

45-21.5-8. Withdrawal from the municipal employees' retirement system.

     Withdrawal of any West Warwick plan that has joined the municipal employee retirement

system pursuant to this chapter shall be as provided in § 45-21-5 and subject to §§ 45-21-6 and 45-

21-7. Any such withdrawal shall not relieve West Warwick from the liabilities arising from its

membership as set forth in §§ 45-21-5, § 45-21-6, or § 45-21-7.

 

 

 

 

641)

Section

Added Chapter Numbers:

 

45-24-46.5

332 and 333

 

 

45-24-46.5. Special provisions -- Emergency declaration modifications.

     (a) A moratorium is hereby imposed on the enforcement of any municipal ordinance or

zoning regulation that would penalize any food business or food service establishment, as defined

in § 21-27-1, or bar as defined in § 23-20.10-2, for any alterations or modifications to its business

made in order to comply with any directives, executive orders, or restrictions issued by the

governor, principal executive officer of a political subdivision or the director of the department of

health based upon an emergency declaration issued pursuant to §§ 30-15-9 or § 30-15-13.

     (b) The moratorium imposed pursuant to this section shall continue throughout the

emergency declaration and shall remain effective until April 1, 2022. During this period, all

approved nonconforming uses adopted to comply with the emergency declaration shall be

permitted to continue.

 

 

 

 

642)

Section

Added Chapter Numbers:

 

45-36.1

135 and 136

 

 

CHAPTER 45-36.1

MUNICIPAL PUBLIC TRUST DEDICATION

 

 

 

 

643)

Section

Added Chapter Numbers:

 

45-36.1-1

135 and 136

 

 

45-36.1-1. Legislative purpose.

     The purpose of this chapter is to provide a voluntary mechanism for cities and towns to use

to dedicate a park, or other conservation land that it owns, as public trust land in perpetuity in order

to assure ensure preservation of the natural environment and public access to the land for outdoor

recreation and to assure ensure that the land is not converted to a use other than the use for which

it was originally obtained and remains predominantly undeveloped and continues to provide open

space benefits. People rely on their parks and other public open spaces and conservation land as

stable, reliable places of comfort, rest, and renewal in their lives. People make decisions on where

to reside and work based on proximity to these places. They expect that these places will always

be there for them. This expectation is supported by the Rhode Island Constitution, Article 1, Section

17 R.I. Const., Art. I, § 17, which states the people:

     "shall be secure in their rights to the use and enjoyment of the natural resources of the state

with due regard for the preservation of their values; and it shall be the duty of the general assembly

to provide for the conservation of the air, land, water, plant, animal, mineral and other natural

resources of the state, and to adopt all means necessary and proper by law to protect the natural

environment of the people of the state by providing adequate resource planning for the control and

regulation of the use of the natural resources of the state and for the preservation, regeneration and

restoration of the natural environment of the state."

 

 

 

 

644)

Section

Added Chapter Numbers:

 

45-36.1-2

135 and 136

 

 

45-36.1-2. Power to declare municipal land as public trust land.

     Pursuant to the proper delegation of powers vested in the general assembly by the Rhode

Island Constitution, Article I, Section 17 R.I. Const., Art. I, § 17, cities and towns may formally

dedicate any property they hold that was donated to the city or town, or acquired by the city or town

for use as a park or for other conservation purposes as a public trust land, to be perpetually protected

from conversion to a use other than the use for which it was originally obtained and from

development that is inconsistent with the primary recreation, open space, and natural resource

purposes as a natural resource land of the state and as a natural environment for the people of the

state and to reduce risks of confusion or misunderstanding regarding acceptable and non-acceptable

uses of land held by a municipality for outdoor recreation, open space benefits, and natural resource

conservation.

 

 

 

 

645)

Section

Added Chapter Numbers:

 

45-36.1-3

135 and 136

 

 

45-36.1-3. Process for municipal declaration of municipal land as public trust land.

     Cities and towns may formally dedicate any property they hold for use as a park or for

other conservation purposes as a public trust land, to be perpetually protected from conversion to a

use other than the use for which it was originally obtained and development that is inconsistent

with its primary purpose as a recreation, open space, and/or natural resource land of the state and

as a natural-environment for the people of the state through a duly approved resolution of a city or

town council or through any other legally sufficient municipal process. Said The resolution or other

municipal approval shall be recorded in the municipal land evidence records.

 

 

 

 

646)

Section

Added Chapter Numbers:

 

45-36.1-4

135 and 136

 

 

45-36.1-4. Restrictions applicable to municipal public trust land.

     Once a city or town dedicates property it holds as a public trust land, such the land shall

be perpetually protected from conversion to a use other than the use for which it was originally

obtained and development that is inconsistent with its primary purpose as a recreation, open space,

and natural resource land of the state and as a natural environment for the people of the state.

Acceptable uses of the land so dedicated shall only be those that perpetuate outdoor recreation,

open space benefits, and natural resource conservation on the land.

 

 

 

647)

Section

Amended Chapter Numbers:

 

45-42-2

107 and 108

 

 

45-42-2. Nonemergency police power.

     (a) Notwithstanding any law to the contrary, and consistent with the provisions of chapter

40.1 of this title entitled "Interlocal Contracting and Joint Enterprises", where the territories of one

city or town lies adjacent to another city or town, the chiefs of police of the adjacent any city or

town or any police department of a higher education institution may enter into an agreement, which

is subject to approval by each the appropriate city or town council by adoption of a resolution in

support of it or by approval by the president of the higher education institution, by which the chief

may request that the other city of, town, or higher education institution police force provide

assistance in a nonemergency situation for all those police services prescribed by law within any

portion of the jurisdiction of the city or town, or campus of the chief granting the authority.

     (b) The officers responding to the request and agreement shall have the same authority,

powers, duties, privileges, and immunities for jurisdictional purposes as a duly appointed police

officer of the city, or town, or higher education institution making the request.

     (c) All wage and disability payments, pension, workers' compensation claims, medical

expenses, or other employment benefits will be the responsibility of the employing agency, unless

the requesting agency is reimbursed for those costs from any other source. Each agency shall be

responsible for the negligence of its employees to the extent specified by law.

     (d) A copy of any agreement entered into pursuant to this section shall be provided to the

superintendent of the Rhode Island state police.

     (e) The governor shall have the authority to suspend an agreement entered into pursuant to

this section upon a finding that the suspension is in the interest of public safety.

 

 

648)

Section

Added Chapter Numbers:

 

45-69

214 and 325

 

 

CHAPTER 45-69

COASTAL HAZARDS

 

 

 

 

649)

Section

Added Chapter Numbers:

 

45-69-1

214 and 325

 

 

45-69-1. Coastal hazards.

     For the purposes of coastal hazards, including sea level rise and coastal flooding, the state's

twenty-one (21) coastal communities are authorized to adopt the coastal resources management

council's (CRMC) coastal hazard application process applicable to a local overlay district bounded

by the seven-foot (7') (7)(7’) sea level rise, plus one hundred-(100) year (100) recurrence coastal

storm as specified by the CRMC's shoreline change special area management plan. This local

overlay district shall be for the purposes of assessing coastal hazard risk of structures by applicants

seeking local building permits.

 

 

 

 

650)

Section

Amended Chapter Numbers:

 

46-12-9

147 and 148

 

 

46-12-9. Notices of violation and compliance orders.

     (a) The director shall follow the procedures provided in § 42-17.1-10(g) § 42-17.1-2(21)

in issuing any notice of violation or compliance order authorized pursuant to this chapter or any

rules, regulations, or permits promulgated thereunder.

     (b) Where an order of the director does not specify the system or means to be adopted, the

person against whom an order is entered shall, before proceeding to install a system or means,

submit to the director a plan or statement describing the system or means which that the person

proposes to adopt.

     (c) Any order or notice issued by the director shall be eligible for recordation under chapter

13 of title 34. The director shall forward the original order or notice to the city or town wherein the

subject property is located and the order or notice shall be recorded in the land evidence records in

the city or town wherein the subject property is located. Any subsequent transferee of that property

shall be responsible for complying with the requirements of the order or notice. Upon satisfactory

completion of the requirements of the order or notice, the director shall provide written notice of

the same to the owner of the subject property, which notice shall be similarly eligible for

recordation.

 

 

 

651)

Section

Amended Chapter Numbers:

 

46-12-17

147 and 148

 

 

46-12-17. Proceedings for enforcement.

     The superior court for Providence County shall have concurrent jurisdiction to enforce the

provisions of this chapter and any rule, regulation, permit, or order issued pursuant thereto.

Proceedings for enforcement may be instituted and prosecuted in the name of the director, by either

the director or by the attorney general, and in any proceedings in which the director or the attorney

general seeks injunctive relief is sought, it shall not be necessary for the director to show that

without the relief, the injury which that will result will be irreparable or that the remedy at law is

inadequate. Proceedings provided in this section shall be in addition to and may be utilized in lieu

of other administrative or judicial proceedings authorized by this chapter.

 

 

 

 

652)

Section

Added Chapter Numbers:

 

46-12.2-4.3

223 and 224

 

 

46-12.2-4.3. Establishment of the clean energy fund.

     (a)(1) There is hereby authorized and created within the Rhode Island infrastructure bank

a clean energy fund for the purpose of providing technical, administrative, and financial assistance

to a local governmental unit, corporation, or person for energy efficient, renewable energy, and

demand-side management projects. The Rhode Island infrastructure bank shall review and approve

all applications for projects to be financed through the clean energy fund.

     (2) The Rhode Island infrastructure bank shall promulgate rules and regulations to

effectuate the provisions of this section, which that which may include, without limitation, forms

for financial assistance applications, loan agreements, and other instruments and establishing the

process through which a local governmental unit, corporation, or person may submit an application

for financial assistance from the clean energy fund. All rules and regulations promulgated pursuant

to this chapter shall be promulgated in accordance with the provisions of chapter 35 of title 42.

     (b) The Rhode Island infrastructure bank shall have all the powers necessary and

convenient to carry out and effectuate the purposes and provisions of this section including, without

limiting the generality of the preceding statement, the authority:

     (1) To receive and disburse such funds as may be available for the purpose of the fund

subject to the provisions of this section;

     (2) To make and enter into binding commitments to provide financial assistance to eligible

borrowers from amounts on deposit in the fund;

     (3) To levy administrative fees on eligible borrowers as necessary to effectuate the

provisions of this section, provided the fees have been previously authorized by an agreement

between the Rhode Island infrastructure bank and the eligible borrower;

     (4) To engage the services of third-party vendors to provide professional services;

     (5) To establish one or more accounts within the fund; and

     (6) Such other authority as granted to the Rhode Island infrastructure bank under this

chapter.

     (c) Subject to the provisions of this section and to any agreements with the holders of any

bonds of the Rhode Island infrastructure bank or any trustee therefor, amounts held by the Rhode

Island infrastructure bank for the account of the fund shall be applied by the Rhode Island

infrastructure bank, either by direct expenditure, disbursement, or transfer to one or more other

funds and accounts held by the Rhode Island infrastructure bank or maintained under any trust

agreement pertaining to bonds, either alone or with other funds of the Rhode Island infrastructure

bank, to the following purposes:

     (1) To provide financial assistance to local governmental units, corporations, or persons to

finance costs of approved projects, as set forth in subsection (a) of this section, and to refinance the

costs of the projects, subject to such terms and conditions, if any, as are determined by the Rhode

Island infrastructure bank;

     (2) To fund reserves for bonds of the Rhode Island infrastructure bank and to purchase

insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and

costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance,

and to otherwise provide security for, and a source of payment for, obligations of the Rhode Island

infrastructure bank, by pledge, lien, assignment, or otherwise as provided in this chapter;

     (3) To pay expenses of the Rhode Island infrastructure bank in administering the clean

energy fund;

     (4) To provide a reserve for, or to otherwise secure, amounts payable by borrowers on loans

and obligations outstanding in the event of default thereof; amounts in any account in the fund may

be applied to defaults on loans outstanding to the borrower for which the account was established

and, on a parity basis with all other accounts, to defaults on any loans or obligations outstanding;

and

     (5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or

otherwise as provided in this chapter, any bonds of the Rhode Island infrastructure bank.

     (d) In addition to other remedies of the Rhode Island infrastructure bank under any loan

agreement or otherwise provided by law, the Rhode Island infrastructure bank may also recover

from a borrower, in an action in superior court, any amount due the Rhode Island infrastructure

bank together with any other actual damages the Rhode Island infrastructure bank shall have

sustained from the failure or refusal of the borrower to make the payments or abide by the terms of

the loan agreement.

     (e) The Rhode Island infrastructure bank may create one or more loan loss reserve funds

to serve as further security for any loans made by the Rhode Island infrastructure bank or any bonds

of the Rhode Island infrastructure bank issued to fund projects in accordance with this section.

     (f) To the extent possible, and in accordance with law, the Rhode Island infrastructure bank

shall encourage the use of project labor agreements for projects by local governmental units over

ten million dollars ($10,000,000) and local hiring on projects funded under this section.

 

 

 

 

653)

Section

Amended Chapter Numbers:

 

46-12.5.1-12

147 and 148

 

 

46-12.5.1-12. Notices of violations and compliance orders.

     (a) The director shall follow the procedures provided in § 42-17.1-2(21) in issuing any

notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations,

or permits promulgated thereunder.

     (b) Where an order of the director does not otherwise specify, the person against whom an

order is entered shall, within seventy-two (72) hours of the receipt of the order and before

proceeding to install a system or means to contain, abate, control, and remove the discharged oil,

submit to the director a plan or a statement describing the system or means that the person intends

to implement.

     (c) Any order or notice issued by the director shall be eligible for recordation under chapter

13 of title 34. The director shall forward the original order or notice to the city or town wherein the

subject property is located and the order or notice shall be recorded in the land evidence records in

the city or town wherein the subject property is located. Any subsequent transferee of that property

shall be responsible for complying with the requirements of the order or notice. Upon satisfactory

completion of the requirements of the order or notice, the director shall provide written notice of

the same, which notice shall be similarly eligible for recordation. The original written notice shall

be forwarded to the city or town wherein the subject property is located and the notice of

satisfactory completion shall be recorded in the land evidence records in the city or town wherein

the subject property is located.

 

 

 

 

654)

Section

Amended Chapter Numbers:

 

46-15.5-2

92 and 95

 

 

46-15.5-2. Legislative declaration.

     Recognizing the importance of protecting, maintaining and utilizing all sources of potable

water and recognizing that with the continued demands on the Scituate Reservoir, the existing

Bristol County water supplies will remain an important source of water for Bristol County in the

future (there being no other logical recipient of this water), it is the intent of the legislature that the

existing sources, transmission lines and treatment facilities be maintained and/or upgraded to

conform to federal Safe Drinking Water Act standards, 42 U.S.C. § 300f et seq., irrespective of

whether ownership and control is maintained by the Bristol County water authority or is turned

over to the state water resources board or its successor. Accordingly, this general assembly hereby

finds and declares that:

     (1) The citizens of Bristol County lack an adequate and secure supply of potable water;

     (2) Heretofore acting through the Bristol County water authority, the citizens of Bristol

County have presented a proposal for the construction to bring water from the Scituate Reservoir

to Bristol County;

     (3) The state and its citizens would be better served and the environment enhanced by the

construction of an additional connection connecting Bristol County to the Scituate Reservoir; and

     (4) The need for water in Bristol County is critical and requires immediate and prompt

action on the part of the state, its agencies, boards and commissions. ;

     (5) Bristol County will require an alternate source of supply in order to construct the

improvements to its existing system of reservoirs, wells, and treatment plants,

     (6) The alternatives authorized by this chapter will be less expensive than the East

Providence connection, so-called, ; and

     (7) Reliance by citizens of East Providence and Bristol County on a single connection

would create a hazard to the health, safety, and welfare of the citizens of East Providence and

Bristol County, and, therefore, the construction of an emergency connection which that shall

permit water to flow in either direction is a public necessity.

     (8) The state is mandated to upgrade the current Bristol County water system of reservoirs,

wells, treatment plant, and transmission lines, with the first priority being given to the construction

of a new raw water transmission line.

 

 

 

655)

Section

Repealed Chapter Numbers:

 

46-15.5-6

93 and 94

 

 

46-15.5-6. [Repealed]

 

 

 

 

656)

Section

Added Chapter Numbers:

 

46-23.3

377 and 378

 

 

CHAPTER 46-23.3

THE OCEAN STATE CLIMATE ADAPTATION AND RESILIENCE FUND

 

 

 

657)

Section

Added Chapter Numbers:

 

46-23-1

377 and 378

 

 

46-23.3-1. Short title.

     This chapter shall be known as the "Ocean State Climate Adaptation and Resilience Fund".

 

 

 

658)

Section

Added Chapter Numbers:

 

46-23.3-2

377 and 378

 

 

46-23.3-2. Definitions.

     For the purposes of this chapter, the following words and phrases shall have the following

meanings:

     (1) "Adaptation and resilience projects" means those projects on public land that protect or

enhance coastal or riverine habitats to address climate change impacts. Adaption Adaptation and

resilience projects include, but are not limited to,: those projects that reduce the vulnerability of

low-lying infrastructure on public land through measures that include removal and relocation of

infrastructure,; restoration of river and stream floodplains, including regrading of banks,;

revegetation,; acquisition of that area of land necessary to maintain and preserve public access,;

and redesigning, resizing, and replacing culverts and bridge spans at existing wetland crossings.

     (2) "Bank" means the Rhode Island infrastructure bank."

     (3) "Climate change impacts" means and includes, but is not limited to,: flooding, erosion,

sea level rise, and storm surge.

     (4) "Council" means the coastal resources management council.

     (5) "Department" means the department of environmental management.

     (6) "Director" means the director of the department of environmental management.

     (7) "Infrastructure" means and includes, but is not limited to,: roads, parking lots, and

other paved surfaces,; shoreline protection structures,; buildings,; water control structures,;

culverts,; other structures; and remnants of development.

     (8) "Public land(s)" means property owned by state or municipal governments, including

any quasi-public agencies thereof, public and private lands dedicated to public use, including lands

that provide access to shorelines and riverbanks. Public lands include properties where the state or

municipality holds an easement for public purposes.

     (9) "Shoreline protection structures" means and includes, but is not limited to,: revetments,

bulkheads, seawalls and floodwalls, breakwaters, jetties, and other structures, the purpose or effect

of which is to control the erosion of coastal or river features, and includes, but is not limited to, any

sheet pile walls, concrete or stone walls.

 

 

 

 

659)

Section

Added Chapter Numbers:

 

46-23.3-3

377 and 378

 

 

46-23.3-3. Technical advisory committee.

     There is hereby established a technical advisory committee consisting of four (4) members

as follows: one member shall be the director of the department of environmental management, or

designee; one member shall be the director of the coastal resources management council, or

designee; one member shall be the director of the state planning council within the department of

administration, or designee; and one member shall be the director of the Rhode Island emergency

management authority, or designee. The technical advisory committee shall serve as an advisory

board to the department, council and the program staff.

 

 

 

 

660)

Section

Added Chapter Numbers:

 

46-23.3-4

377 and 378

 

 

46-23.3-4. Establishment -- The ocean state climate adaptation and resilience fund.

     (a) Establishment. There is established within the Rhode Island infrastructure bank, the

Ocean State Climate Adaptation and Resilience fund (the "OSCAR fund").

     (b) Financing. The fund shall consist of the following sources:

     (1) Sums the general assembly may appropriate;

     (2) Monies received from Federal federal, state, or other sources, including bond funds,

for the purposes of the OSCAR fund;

     (3) Monies received from any private donor for the OSCAR fund; and

     (4) Any interest earned on the monies in the fund.

     (c) Allocation of OSCAR funds. OSCAR funds shall be used to carry out the purposes of

this chapter as follows:

     (1) The administrative expenses required to carry out the activities of the program as

described in this chapter shall not exceed fifty thousand dollars ($50,000) each for the Rhode Island

infrastructure bank, coastal resources management council, and the department of environmental

management annually, which sum shall not include the cost of issuing bonds or notes, if any. The

department and the council shall be responsible for submitting annual budget requests for its

administrative and implementation costs of the program to the bank;

     (2) The planning, design, engineering, construction, and monitoring of adaptation and

resilience projects as defined in this chapter; and

     (3) The OSCAR projects approved by the department and the council upon

recommendation of the technical advisory committee. Only grants approved through the process

established by the department and council shall be eligible for funding under this program. Subject

to the availability of funds in the OSCAR fund, the bank shall award funding upon receipt of written

approval of the department and council.

     (d) OSCAR fund grants. Factors to be taken into consideration by the technical advisory

committee for the purposes of granting monies to municipalities and the state for OSCAR grants,

for determining the eligibility of projects for financial assistance, and in prioritizing the selection

of projects by the technical committee shall include, but need not be limited to:

     (1) Consistency with the following where applicable: the council's most recent projections

for sea level rise, the coastal habitat restoration strategy, the state nonpoint source pollution control

plan; and other applicable state and federal laws.;

     (2) The ability and authority of the applicant to carry out and properly maintain the

adaptation and resilience project;

     (3) Whether the project will enhance public access to public land;

     (4) The severity to, or the risk and/or extent of, infrastructure degradation on public land;

     (5) The extent of the use by the public of the public land;

     (6) The proposed milestones to ensure that the project is completed as designed and

approved;

     (7) Whether the adaptation and resilience project can also be shown to create or replace

habitat losses that benefit fish and wildlife resources;

     (8) Potential water quality improvements;

     (9) Potential improvements to fish and wildlife habitats for species which that are

identified as rare or endangered by the Rhode Island natural history survey or the Federal

Endangered Species Act, [16 U.S.C. § 1531 et seq.];

     (10) The level and extent of collaboration by partners (e.g., municipality, nongovernment

organization, watershed council, federal agency, etc.); and

     (11) Overall potential benefits to the public and estimated length of time frame of benefit.

 

 

 

 

661)

Section

Added Chapter Numbers:

 

46-23.3-5

377 and 378

 

 

46-23.3-5. Eligible and ineligible projects.

     (a) Funds in the Ocean State Climate Adaptation and Resilience (OSCAR) fund shall be

used solely for adaptation and resilience projects as defined in § 46-23.3-2(1).

     (b) The OSCAR fund shall not be used for:

     (1) Mitigating any current, planned, or future projects that degrade, fill, or otherwise

destroy coastal, estuarine, or riverine habitats;

     (2) Fulfilling any liability for restoration required by any local, state, or federal agency

pursuant to an environmental or public health enforcement action;

     (3) With the exception of culverts as specifically described in § 46-23.3-2(1), elevating,

repairing, or replacing infrastructure, or constructing new infrastructure, in its existing location that

is experiencing climate change impacts as defined in § 46-23.3-2(2)(3);

     (4) Constructing new, or repairing existing shoreline protection structures; provided,

however, that existing shoreline protection structures on public parks may be repaired; and/or

 

 

 

 

662)

Section

Added Chapter Numbers:

 

46-23.3-6

377 and 378

 

 

46-23.3-6. Disbursement process and reporting.

     (a) The department and the council shall establish and execute a process, at least annually,

for the solicitation, evaluation, and award of grants for projects that meet the requirements set forth

in this chapter. The department and council shall forward their respective written notification of

approval of a project application to the bank.

     (b) The department, the council, and the bank shall jointly submit a report to the speaker

of the house of representatives and the president of the senate not later than the tenth day following

the convening of each regular session of the general assembly. The report shall include the

following:

     (1) The amount of money awarded from the OSCAR fund during the preceding fiscal year;

     (2) A brief summary of the projects that received funding and a timeline of implementation;

and

     (3) Any other information requested by the general assembly.

     (c) Nothing contained in this chapter is intended to abrogate or affect the existing powers

of the department of environmental management, the coastal resources management council, or the

bank.

 

 

 

 

663)

Section

Added Chapter Numbers:

 

46-23.3-7

377 and 378

 

 

46-23.3-7. Regulations.

     The council, the department, and the bank shall adopt all rules and regulations necessary

for the administration and enforcement of this chapter.

 

 

 

 

664)

Section

Amended Chapter Numbers:

 

46-27-2

252 and 252

 

 

46-27-2. Regulation of personal watercraft.

     (a) No person shall operate a personal watercraft at any time between the hours from one-

half (1/2) hour after sunset to one-half (1/2) hour before sunrise; provided, that police and fire

department personnel on official duty may operate personal watercraft with proper equipment and

lighting and are exempted from the provisions of this subsection.

     (b) A personal watercraft must at all times be operated in a reasonable and prudent manner.

Maneuvers which that unreasonably or unnecessarily endanger life, limb, or property, including,

but not limited to, weaving through congested vessel traffic, circling a larger vessel unreasonably

or jumping the wake of another vessel unreasonably, constitutes reckless operation of a vessel and

are prohibited.

     (c) No person under the age of sixteen (16) shall operate a personal watercraft on the waters

of the state unless an adult accompanies him or her or unless he or she has passed a department of

environmental management approved or United States Coast Guard approved safety course.

     (d) It is unlawful for the owner of any personal watercraft or any person having charge

over or control of a personal watercraft to authorize or knowingly permit the watercraft to be

operated by a person under sixteen (16) years of age in violation of this section unless the provisions

of subsection (c) are met.

     (e) No person shall operate a personal watercraft within two hundred feet (200') of

swimmers, divers, shore, or moored vessels, except at headway speed.

     (f) Personal watercraft, when launched from shore or returning to shore, must proceed

directly to the area where operation is allowed in a direction as near perpendicular as possible, not

in excess of headway speed.

     (g) No person shall operate a personal watercraft unless he or she and any passenger is

wearing a personal flotation device which is approved by the United States Coast Guard.

     (h) No person shall operate any personal watercraft in a reckless manner so as to endanger

the life, limb, or property of another.

     (i) No person shall operate any personal watercraft unless it is numbered in accordance

with § 46-22-4.

     (j) A person operating a personal watercraft equipped by the manufacturer with a lanyard-

type engine cutoff switch must attach the lanyard to his or her person, clothing, or personal flotation

device as appropriate for the specific vessel.

     (k) The towns of Charlestown and Westerly have joint jurisdiction over any waters that

transcend both jurisdictions, may enter into a binding memorandum pursuant to § 46-23-15.1, and

are hereby authorized to provide, by ordinance, regulations controlling the use of personal

watercraft within their jurisdictions. The ordinances may include a ban or limitation on operation

on:

     (1) Waterbodies which that are less than three hundred (300) acres in size, or four hundred

(400) feet (400’) in width;

     (2) Waterbodies upon which a tradition of swimming, shellfishing, fishing, paddle sports,

or small craft rowing or sailing exist exists;

     (3) Waterbodies which that can be demonstrated to be ecologically sensitive;

     (4) Waterbodies or portions of them surrounded or bordered by significant concentrations

of residential development;

     (5) Waterbodies where a history of powerboat regulation already exists; or

     (6) Waterbodies where navigational considerations due to congestion can be shown to

exist.

     (l) The department of environmental management shall review and grant final approval of

municipal regulations adopted pursuant to this subsection section.

     (m) The town of Coventry is hereby authorized to provide, by ordinance, regulations

controlling the use of personal watercraft on Tiogue Lake. The ordinances may include a ban or

limitation on operation on Tiogue Lake.

     (n) The towns of South Kingstown, Narragansett, Middletown, and North Kingstown are

hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft

on any or all fresh or inland waters of this town. The ordinances may include a ban or limitation of

personal watercraft on any waters in this town. To the extent that any body of water may transcend

more than one of the towns set forth in this section, each town shall have joint jurisdiction over the

body or bodies of water and may enter into a binding memorandum pursuant to § 46-23-15.1

regarding each town's joint jurisdiction over the body or bodies of water.

     (o) The town of Narragansett is hereby authorized to provide, by ordinance, regulations

controlling the use of personal watercraft on any or all fresh or inland waters of this town. The

ordinances may include a ban or limitation of personal watercraft on any waters in this town. To

the extent that any body of water may transcend more than one of the towns set forth in this section,

each town shall have joint jurisdiction over the body or bodies of water and may enter into a binding

memorandum pursuant to § 46-23-15.1 regarding each town's joint jurisdiction over the body or

bodies of water.

     (p) The town of South Kingstown is hereby authorized to provide, by ordinance,

regulations controlling the use of personal water craft watercraft on Narrow River and Green Hill

Pond. To the extent that Narrow River transcends the towns of South Kingstown, North Kingstown,

and Narragansett, each town shall have joint jurisdiction over such body of water and may enter

into a binding memorandum pursuant to § 46-23-15.1 regarding each town's joint jurisdiction over

such body of water.

     (q) The town of West Greenwich is hereby authorized to provide, by ordinance, regulations

controlling the use of personal watercraft on any or all fresh or inland waters of this town. The

ordinances may include a ban or limitation of personal watercraft on any waters in this town.