Chapter
216
2006 -- H 7285 SUBSTITUTE B
Enacted 07/03/06
A N A C T
RELATING
TO STATUTES AND STATUTORY CONSTRUCTION
Introduced
By: Representative Gordon D. Fox
Date
Introduced: February 15, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. Section
5-37.3-4 of the General Laws in Chapter 5-37.3 entitled
"Confidentiality of Health Care
Communications and Information Act" is hereby amended to read
as follows:
5-37.3-4. Limitations
on and permitted disclosures. -- (a) (1) Except as provided in
subsection (b) of this section or as
specifically provided by the law, a patient's confidential health
care information shall not be released or
transferred without the written consent of the patient or
his or her authorized representative, on a
consent form meeting the requirements of subsection (d)
of this section. A copy of any notice used
pursuant to subsection (d) of this section, and of any
signed consent shall, upon request, be provided
to the patient prior to his or her signing a consent
form. Any and all managed care entities and
managed care contractors writing policies in the state
shall be prohibited from providing any
information related to enrollees which is personal in
nature and could reasonably lead to
identification of an individual and is not essential for the
compilation of statistical data related to
enrollees, to any international, national, regional, or local
medical information data base. This provision
shall not restrict or prohibit the transfer of
information to the department of health to carry
out its statutory duties and responsibilities.
(2) Any person
who violates the provisions of this section may be liable for actual and
punitive damages.
(3) The court may
award a reasonable attorney's fee at its discretion to the prevailing
party in any civil action under this section.
(4) Any person
who knowingly and intentionally violates the provisions of this section
shall, upon conviction, be fined not more than
five thousand ($5,000) dollars for each violation,
or imprisoned not more than six (6) months for
each violation, or both.
(5) Any contract
or agreement which purports to waive the provisions of this section
shall be declared null and void as against
public policy.
(b) No consent
for release or transfer of confidential health care information shall be
required in the following situations:
(1) To a
physician, dentist, or other medical personnel who believes, in good faith,
that
the information is necessary for diagnosis or
treatment of that individual in a medical or dental
emergency;
(2) To medical
and dental peer review boards, or the board of medical licensure and
discipline, or board of examiners in dentistry;
(3) To qualified
personnel for the purpose of conducting scientific research, management
audits, financial audits, program evaluations,
actuarial, insurance underwriting, or similar studies;
provided, that personnel shall not identify,
directly or indirectly, any individual patient in any
report of that research, audit, or evaluation,
or otherwise disclose patient identities in any manner;
(4) By a health
care provider to appropriate law enforcement personnel, or to a person if
the health care provider believes that person or
his or her family is in danger from a patient; or to
appropriate law enforcement personnel if the
patient has or is attempting to obtain narcotic drugs
from the health care provider illegally; or to
appropriate law enforcement personnel or
appropriate child protective agencies if the
patient is a minor child who the health care provider
believes, after providing health care services
to the patient, to have been physically or
psychologically abused; or to law enforcement
personnel in the case of a gunshot wound
reportable under section 11-47-48;
(5) Between or
among qualified personnel and health care providers within the health
care system for purposes of coordination of
health care services given to the patient and for
purposes of education and training within the
same health care facility; or
(6) To third
party health insurers including to utilization review agents as provided by
section 23-17.12-9(16)(c)(4), third
party administrators licensed pursuant to chapter 20.7 of title
27 and other entities that provide operational
support to adjudicate health insurance claims or
administer health benefits;
(7) To a
malpractice insurance carrier or lawyer if the health care provider has reason
to
anticipate a medical liability action; or
(8) (i) To the
health care provider's own lawyer or medical liability insurance carrier if
the patient whose information is at issue brings
a medical liability action against a health care
provider.
(ii) Disclosure
by a health care provider of a patient's health care information which is
relevant to a civil action brought by the
patient against any person or persons other than that
health care provider may occur only under the
discovery methods provided by the applicable
rules of civil procedure (federal or state).
This disclosure shall not be through ex parte contacts
and not through informal ex parte contacts with
the provider by persons other than the patient or
his or her legal representative. Nothing in this
section shall limit the right of a patient or his or her
attorney to consult with that patient's own
physician and to obtain that patient's own health care
information;
(9) To public
health authorities in order to carry out their functions as described in this
title and titles 21 and 23, and rules
promulgated under those titles. These functions include, but
are not restricted to, investigations into the
causes of disease, the control of public health hazards,
enforcement of sanitary laws, investigation of
reportable diseases, certification and licensure of
health professionals and facilities, review of
health care such as that required by the federal
government and other governmental agencies;
(10) To the state
medical examiner in the event of a fatality that comes under his or her
jurisdiction;
(11) In relation
to information that is directly related to current claim for workers'
compensation benefits or to any proceeding
before the workers' compensation commission or
before any court proceeding relating to workers'
compensation;
(12) To the
attorneys for a health care provider whenever that provider considers that
release of information to be necessary in order
to receive adequate legal representation;
(13) By a health
care provider to appropriate school authorities of disease, health
screening and/or immunization information
required by the school; or when a school age child
transfers from one school or school district to
another school or school district;
(14) To a law
enforcement authority to protect the legal interest of an insurance
institution, agent, or insurance-support
organization in preventing and prosecuting the
perpetration of fraud upon them;
(15) To a grand
jury or to a court of competent jurisdiction pursuant to a subpoena or
subpoena duces tecum when that information is
required for the investigation or prosecution of
criminal wrongdoing by a health care provider
relating to his or her or its provisions of health
care services and that information is
unavailable from any other source; provided, that any
information so obtained is not admissible in any
criminal proceeding against the patient to whom
that information pertains;
(16) To the state
board of elections pursuant to a subpoena or subpoena duces tecum
when that information is required to determine
the eligibility of a person to vote by mail ballot
and/or the legitimacy of a certification by a
physician attesting to a voter's illness or disability;
(17) To certify,
pursuant to chapter 20 of title 17, the nature and permanency of a
person's illness or disability, the date when
that person was last examined and that it would be an
undue hardship for the person to vote at the
polls so that the person may obtain a mail ballot;
(18) To the
central cancer registry;
(19) To the
Medicaid fraud control unit of the attorney general's office for the
investigation or prosecution of criminal or
civil wrongdoing by a health care provider relating to
his or her or its provision of health care
services to then Medicaid eligible recipients or patients,
residents, or former patients or residents of
long term residential care facilities; provided, that any
information obtained shall not be admissible in
any criminal proceeding against the patient to
whom that information pertains;
(20) To the state
department of children, youth, and families pertaining to the disclosure
of health care records of children in the
custody of the department;
(21) To the
foster parent or parents pertaining to the disclosure of health care records of
children in the custody of the foster parent or
parents; provided, that the foster parent or parents
receive appropriate training and have ongoing
availability of supervisory assistance in the use of
sensitive information that may be the source of
distress to these children;
(22) A hospital
may release the fact of a patient's admission and a general description of
a patient's condition to persons representing
themselves as relatives or friends of the patient or as
a representative of the news media. The access
to confidential health care information to persons
in accredited educational programs under
appropriate provider supervision shall not be deemed
subject to release or transfer of that
information under subsection (a) of this section; or
(23) To the
workers' compensation fraud prevention unit for purposes of investigation
under sections 42-16.1-12 -- 42-16.1-16. The
release or transfer of confidential health care
information under any of the above exceptions is
not the basis for any legal liability, civil or
criminal, nor considered a violation of this
chapter; or
(24) To a probate
court of competent jurisdiction, petitioner, respondent, and/or their
attorneys, when the information is contained
within a decision-making assessment tool which
conforms to the provisions of section 33-15-47.
(c) Third parties
receiving and retaining a patient's confidential health care information
must establish at least the following security
procedures:
(1) Limit
authorized access to personally identifiable confidential health care
information to persons having a "need to
know" that information; additional employees or agents
may have access to that information which does
not contain information from which an individual
can be identified;
(2) Identify an
individual or individuals who have responsibility for maintaining security
procedures for confidential health care
information;
(3) Provide a
written statement to each employee or agent as to the necessity of
maintaining the security and confidentiality of
confidential health care information, and of the
penalties provided for in this chapter for the
unauthorized release, use, or disclosure of this
information. The receipt of that statement shall
be acknowledged by the employee or agent, who
signs and returns the statement to his or her
employer or principal, who retains the signed
original. The employee or agent shall be
furnished with a copy of the signed statement;
(4) Take no
disciplinary or punitive action against any employee or agent solely for
bringing evidence of violation of this chapter
to the attention of any person.
(d) Consent forms
for the release or transfer of confidential health care information shall
contain, or in the course of an application or
claim for insurance be accompanied by a notice
containing, the following information in a clear
and conspicuous manner:
(1) A statement
of the need for and proposed uses of that information;
(2) A statement
that all information is to be released or clearly indicating the extent of
the information to be released; and
(3) A statement
that the consent for release or transfer of information may be withdrawn
at any future time and is subject to revocation,
except where an authorization is executed in
connection with an application for a life or
health insurance policy in which case the
authorization expires two (2) years from the
issue date of the insurance policy, and when signed
in connection with a claim for benefits under
any insurance policy the authorization shall be valid
during the pendency of that claim. Any
revocation shall be transmitted in writing.
(e) Except as
specifically provided by law, an individual's confidential health care
information shall not be given, sold,
transferred, or in any way relayed to any other person not
specified in the consent form or notice meeting
the requirements of subsection (d) of this section
without first obtaining the individual's
additional written consent on a form stating the need for
the proposed new use of this information or the
need for its transfer to another person.
(f) Nothing
contained in this chapter shall be construed to limit the permitted disclosure
of confidential health care information and
communications described in subsection (b) of this
section.
SECTION 2. Section
5-37.4-2 of the General Laws in Chapter 5-37.4 entitled "Intractable
Pain Treatment" is hereby amended to read
as follows:
5-37.4-2.
Definitions. -- For purposes of this chapter:
(1)
"Director" means the director of the department of health of the
state of Rhode
Island.
(2)
"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.
(3)
"Practitioner" means health care professionals licensed to
distribute, dispense, or
administer controlled substances in the course
of professional practice as defined in section 21-
28-1.02(36)(37).
(4) "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.
SECTION 3. Section
19-10.1-1 of the General Laws in Chapter 19-10.1 entitled
"Conversion of Financial Institution to
General Business Corporation" is hereby amended to read
as follows:
19-10.1-1.
Power to convert financial institution with capital stock to a general
business corporation or other entity. -- Any financial
institution with capital stock chartered
under the laws of this state and that is solvent
may, upon notice to the director or the director's
designee pursuant to section 19-10.1-2 and
subject to the approval of the director or the director's
designee, convert to and become a general
business corporation organized under the Rhode Island
Business Corporation Act, Chapter 1.1 1.2
of Title 7, or another financial services entity chartered
under the laws of the United States. As a
condition of such conversion, such financial institution
shall amend its agreement to form a financial
institution, and where applicable for financial
institutions organized before December 31, 1995,
the articles of incorporation or the agreement of
association of the financial institution, such
amendment to be by a vote of its stockholders owning
two-thirds (2/3) of its capital stock. For the
purpose of closing out any depository or other
exclusively financial institution related
business activities authorized pursuant to section 19-3-1,
the directors or trustees of the financial
institution shall submit to the director or the director's
designee for approval either: (a) a plan,
satisfactory in form and content to the director or the
director's designee, for termination of any
remaining depository or other transactions entered into
under or pursuant to the powers, rights or
activities reserved to financial institutions under section
19-3-1 and to which such entity remains to be a
party; or (b) a certification, satisfactory in form
and content to the director or the director's
designee, to the effect that all such depository and
other banking related transactions have been
terminated for at least one (1) year. The director or
the director's designee shall, upon timely
completion of its review and approval of the plan or
certification, issue an approval and consent for
the conversion. The conversion shall not require
the prior liquidation of the subject entity. The
corporate existence of such entity shall not
terminate and such entity shall be deemed to be
a continuation of the previously existing financial
institution, absent any powers of deposit taking
or other powers exclusively reserved to financial
institutions under section 19-3-1. Upon issuance
of the approval by the director or the director's
designee for such conversion, the secretary of
state shall be so notified and the agreement to form,
or for financial institutions organized before
December 31, 1995, the articles of incorporation or
the agreement of association, of the financial
institution shall be amended by filing an amendment
with the Secretary of State so as to change the
name of the entity to one containing words other
than those identified with a financial
institution and to otherwise conform its articles of
incorporation or agreement of association with
the requirements of a business corporation
organized under the Rhode Island Business
Corporation Act, Chapter 1.1 1.2 of Title 7.
SECTION 4. Section
21-27-10 of the General Laws in Chapter 21-27 entitled "Sanitation
in Food Establishments" is hereby amended
to read as follows:
21-27-10.
Registration of food businesses. -- (a) No person shall operate a food
business
as defined in section 21-27-1(7)(8)
unless he or she annually registers the business with the state
director of health; provided, that food
businesses conducted by nonprofit organizations, hospitals,
public institutions, farmers markets, roadside
farmstands, or any municipality shall be exempt
from payment of any required fee.
(b) In order to
set the registration renewal dates so that all activities for each
establishment can be combined on one
registration instead of on several registrations, the
registration renewal date shall be set by the
department of health. The registration period shall be
for twelve (12) months commencing on the
registration renewal date, and the registration fee
shall be at the full annual rate regardless of
the date of application or the date of issuance of
registration. If the registration renewal date
is changed, the department may make an adjustment
to the fees of registered establishments, not to
exceed the annual registration fee, in order to
implement the changes in registration renewal
date. Registrations issued under this chapter may
be suspended or revoked for cause. Any
registration or license shall be posted in a place
accessible and prominently visible to an agent
of the director.
(c) Registration
with the director of health shall be based upon satisfactory compliance
with all laws and regulations of the director
applicable to the food business for which registration
is required.
(d) The director
of health is authorized to adopt regulations necessary for the
implementation of this chapter.
(e) Classification
and fees for registration shall be as follows:
(1) Food
processors (Wholesale) ................................. $210.00
(2) Food
processors (Retail) ...................................... 90.00
(3) Food service
establishments:
(i) 50 seats or
less ........................................... 120.00
(ii) More than 50
seats ........................................ 180.00
(iii) Mobile food
service units ................................. 72.00
(iv) Industrial
caterer or food
vending machine
commissary ........................................ 210.00
(v) Vending
machine sites or location:
(A) Three (3) or
less machines ................................. 36.00
(B) Four (4) to
ten (10) machines .............................. 72.00
(C) Eleven (11) or
more machines ............................... 90.00
(4) Retail
markets:
(i) 1 to 2 cash
registers ....................................... 90.00
(ii) 3 to 5 cash
registers ..................................... 180.00
(iii) 6 or more
cash registers ................................. 390.00
(5) Retail food
peddler (meat, seafood, dairy,
and frozen dessert
products) ................................ 72.00
(6) Food
warehouses ............................................. 144.00
(f) In no instance
where an individual food business has more than one activity eligible
under this chapter for state registration within
a single location shall the business be required to
pay more than a single fee for the one highest
classified activity listed in subsection (e) of this
section; provided, that where several separate
but identically classified activities are located
within the same building and under the
management and jurisdiction of one person, one fee shall
be required. In each of the instances in this
subsection, each activity shall be separately registered.
SECTION 5. Section
24-8-42 of the General Laws in Chapter 24-8 entitled "Construction
and Maintenance of State Roads" is hereby
amended to read as follows:
24-8-42.
Emergency management -- Lane clearance. -- (a) Whenever any public
safety
agency through the legitimate exercise of its
police powers determines that an emergency is
caused by the immobilization of any vehicle(s)
on the interstate system or limited access
highway, as defined in section 31-1-23(c)(e),
resulting in lane blockage and posing a threat to
public safety, public safety agencies and those
acting at their direction or request shall have
emergency authority to move the immobilized
vehicle(s).
(b) There shall
be no liability incurred by any state or local public safety department or
agents directed by them whether those agents are
public safety personnel or not for damages
incurred to the immobilized vehicle(s), its
contents or surrounding area caused by the emergency
measures employed through the legitimate
exercise of the police powers vested in that agency to
move the vehicle(s) for the purpose of clearing
the lane(s) to remove any threat to public safety.
SECTION 6.
Sections 28-3-12 and 28-3-20 of the General Laws in Chapter 28-3 entitled
"Employment of Women and Children" are
hereby amended to read as follows:
28-3-12.
Posting of hours and wage rates. -- Every employer shall post, in one
or more
places in his or her establishment where it may
be easily seen and read by all employees
employed by him or her, a printed or typewritten
notice stating the minimum rates of pay,
including hourly rates, or piece rate or both,
as the case may be, which the employees are
receiving for the various types of work
performed in the establishment, and the number of hours'
work required of the person on each day of the
week, and the hours of commencing and stopping
work. The employment of any minor for a longer
time in a period of twenty-four (24) consecutive
hours than so stated shall be deemed a violation
of section 28-3-11. The provisions of sections
28-3-11 -- 28-3-1412 shall not be
construed to impair any restriction placed upon the employment
of any child by the provisions of chapter 19 of
title 16.
28-3-20.
Penalty for violations generally. -- Except as otherwise specifically
provided,
any person or corporation who: (1) employs a
child under sixteen (16) years of age without the
permit required by section 28-3-3, (2) makes a
false statement in regard to any part required by
the certificate, (3) violates any of the
provisions of sections 28-3-1 -- 28-3-20, or suffers or
permits any child to be employed in violation of
their provisions, shall be fined five hundred
dollars ($500) for each offense provided,
however, that if a child employed in violation of the
provisions of sections 28-3-1 -- 28-3-3020
is injured or killed in the course of the employment,
then the above fine may be increased to five
thousand dollars ($5,000); and, provided further,
however that this section does not apply to that
portion of section 28-3-6 which fixes the penalty
for the refusal to show to the inspector any
certificate provided for in that section.
SECTION 7. Section
31-3-18 of the General Laws in Chapter 31-3 entitled "Registration
of Vehicles" is hereby amended to read as
follows:
31-3-18.
Display of plates -- Penalties. -- (a) Registration plates issued for a
motor
vehicle other than a motorcycle, trailer,
transporter vehicle, in-transit vehicle, or a bailee engaged
in a business as defined in section 31-1-17(a),
or other than a motor vehicle owned by a duly
authorized dealer in motor vehicles and which is
used in the dealer's business shall be attached
thereto one in the front and the other in the
rear. The registration plate issued for a motorcycle,
trailer, bailee, or a dealer's motor vehicle as
defined in this subsection shall be attached to the rear
of the vehicle.
(b) Every
registration plate shall at all times be securely fastened in a horizontal
position
to the vehicle for which it is issued so as to
prevent the plate from swinging at a height of not less
than twelve inches (12") from the ground,
measuring from the bottom of the plate; in a place and
position to be clearly visible and shall be
maintained free from foreign materials and in a
condition to be clearly legible.
(c) Penalties. -
Any person who shall violate the provisions of this section shall be guilty
of a violation and subject to a fine of not more
than fifty dollars ($50.00) seventy-five dollars
($75.00).
(d) All vehicles
registered as passenger, commercial, trailer, motorcycle, suburban, farm,
combination, taxi, radio operator, camper,
public, racer tow, jitney, and antique must have
displayed on them the registration plate(s)
commonly known as the general issuance "wave
plate". This subsection does not apply to
those registrants in possession of an alternative design
plate as described in section 31-3-60 or any
other specially authorized plate described in this
chapter.
SECTION 8. Section
31-10.1-4 of the General Laws in Chapter 31-10.1 entitled "Special
License for Motorcycles, Motor Scooters, and
Other Motor Driven Cycles" is hereby amended to
read as follows:
31-10.1-4.
Required equipment. -- Operators of motorcycles, motor scooters, and
motor-driven cycles shall use eye protection of
a type approved by the administrator of the
division of motor vehicles when operating their
vehicles on streets and highways. Every
motorcycle, motor scooter, and motor-driven
cycle shall be equipped with a rear view mirror.
Any operator under the age of twenty-one (21)
shall wear a helmet of a type approved by the
administrator of motor vehicles. In addition,
all new operators, regardless of age, shall be
required, for a period of one year from the date
of issuance of the first license pursuant to section
31-10.1-1, to wear a helmet of a type approved
by said administrator. Any person deemed in
violation of this provision shall be fined fifty
dollars ($50.00) sixty dollars ($60.00) which shall
be paid in accordance with the provisions of
chapter 41.1 of this title. The administrator of the
division of motor vehicles is authorized to set
forth rules and regulations governing the use of
other equipment on those vehicles. All fines
collected under this section shall be deposited in a
general restricted receipt account for the use
of the Rhode Island governor's office on highway
safety in order to promote educational and
informational programs encouraging helmet use.
SECTION 9.
Sections 39-1-18, 39-1-57 and 39-1-59 of the General Laws in Chapter 39-1
entitled "Public Utilities Commission"
are hereby amended to read as follows:
39-1-18.
Hearings and records -- Certified copies. -- (a) All hearings and
orders of the
commission and of the division, and the records
thereof, shall be public and any person shall be
permitted to record all or any portion of a
hearing by way of camera, video or tape recorder of
any kind, unless a party to the hearing
requests, and the chairperson or administrator grants the
request, that the recording be prohibited for
the protection of attorney-client privilege,
confidentiality or other interest of the
parties. All reports, records, files, books, and accounts in
the possession of the commission or the division
shall be open to inspection by the public at all
reasonable times. The division may charge and
collect reasonable fees for copies of official
documents, orders, papers, and records, and for
authenticating or certifying the same; provided
that no fee shall be charged for single copies
of official documents, orders, papers, and records,
furnished to public officers of the state for
use in their official capacity, or for the annual reports
in the ordinary course of distribution.
(b) Effective
as of September 1, 2003, all All filings made to the division or
commission
shall also be provided digitally in a manner
established by the division. The commission and
division may adopt rules exempting filings from
this requirement.
(c) In order to
support the ability of the public and interested parties to stay informed of
the activities of the commission and the
division, and to promote awareness of utility
restructuring, the division shall maintain a
site on the internet through which the public may
access:
(1) Notices of
and agendas of hearings;
(2) All filings
that are available in digital format and that are not subject to protective
orders;
(3) All orders,
rules and regulations of the commission or administrator;
(4) Announcements
of, agendas for, and minutes of open meetings;
(5) A calendar of
all forthcoming open meetings and hearings;
(6) Current
tariffs of all public utilities who are subject to assessment pursuant to
section
39-1-23; provided, however, that the division
may require any public utility with extensive tariffs
to maintain a website and provide access to
those tariffs via a link from the division's website;
(7) A listing of
all public utilities and nonregulated power producers, together with
consumer contact information for each;
(8) Consumer
information on billing dispute resolution, retail access, conservation, and
consumer assistance programs;
(9) Demand side
management programs available to residential, commercial and
industrial customers;
(10) Other
information as the division deems relevant and useful to the public.
39-1-57.
Assignment. – (a) A transfer to an assignee of any interest in a
securitization
order, including any intangible transition
property arising therefrom, and any revenues or other
proceeds arising in respect of such property,
whenever realized, shall be perfected as against third
parties, including any other purchaser from the
transferor, when:
(i)(1)
the related securitization order becomes effective,;
(ii)(2)
a written instrument of assignment has been executed by the assignor and
delivered to the assignee,; and
(iii)(3)
a statement describing the assignment has been filed with the commission in
accordance with its rules established pursuant
to section 39-1-56. A filing shall be effective as of
the date of assignment, if made on or before the
date of the assignment or within ten (10) days
thereafter.
(b) The relative
priority of interest of two or more assignees for value, and without
notice, who have filed in accordance with the
rules of the commission, shall be determined by
reference to the order in which their statements
have been filed; and, if an assignment with
respect to which a complying filing has been
made shall for any purpose of law be treated as a
security interest, the filing shall be deemed
effective as a filing with respect to such security
interest.
39-1-59.
True sale. – (a) To better implement the purposes of sections
39-1-43 -- 39-1-
60, inclusive, with a view to maximizing
customer savings intended to be accomplished thereby,
in the event that all or a portion of the
interest of an electric distribution company or assignee in a
securitization order, including any intangible
transition property arising therefrom, is transferred
in a transaction that is approved in the
securitization order and which the governing
documentation expressly states to be a sale or
other absolute transfer of the transferor's right, title
and interest in the portion of such order and
intangible transition property so transferred, then
such transfer shall be treated as a sale or
other absolute transfer of the interest so transferred, as in
a true sale and not as a pledge or other
financing thereof and shall be deemed to constitute a
sufficient transfer of dominion over such
transferred portion of the securitization order and the
intangible transition property to constitute a
true sale. For this purpose, the absolute nature of
such a sale or other transfer shall not be
affected or impaired in any manner by, among other
things, (i) the assignor's retention of bare
legal title to intangible transition property for the
purpose of servicing or supervising the
servicing of such property and collections with respect
thereto, (ii) the assignor's retention, or
acquisition, as a part of the assignment transaction or
otherwise, of a de minimis equity interest not
exceeding five percent (5%) in the intangible
transition property for investment purposes, or
the provision of credit enhancement at market
rates for the same de minimis portion of such
property, (iii) any provision in the securitization
order determining the order in which amounts are
deemed collected, on either a priority or ratable
basis, in respect of intangible transition
charges and other rates or charges, excluding taxes,
collected from customers of the electric
distribution company, in the event of partial payment,
(iv) the fact that only a portion of the
intangible transition property is transferred, or (v) the fact
that the electric distribution company or an
affiliate thereof acts as the collector of intangible
transition charges in connection with intangible
transition property.
(b)
Notwithstanding such a sale or other absolute transfer of intangible transition
property, the consideration received by an
electric distribution company or assignee in respect of
any such sale or transfer shall not be subject
to any state or local taxes, or any surcharges based
on such taxes, now or hereafter imposed, nor
shall the assignee of intangible transition property
be considered to be a public utility or a party
providing electric services for purposes of this
chapter. The electric distribution company or
other party providing electric services with respect
to which intangible transition charges are
authorized and/or required to be imposed shall be the
party obligated to collect and/or be liable to
pay each of the foregoing taxes with respect to such
charges. In addition, notwithstanding such sale
or other absolute transfer, the commission shall
continue to have jurisdiction to take such
further actions as are required or permitted to be taken
with respect to the securitization order in
accordance with the terms of such order, and pursuant
to the provisions of this chapter,
notwithstanding that the assignee or financing party is not an
electric distribution company or other party
that would otherwise be subject to the jurisdiction of
the commission.
SECTION 10.
Sections 39-1-27.2 and 39-1-27.5 of the General Laws in Chapter 39-1
entitled "Public Utilities Commission"
are hereby repealed.
39-1-27.2.
Retail electric licensing commission established. -- (a) There
is hereby
established a retail electric licensing
commission, which shall consist of nine (9) members, all of
whom shall be residents of the state, and who
shall be appointed as follows:
(1) Within
thirty (30) days of August 7, 1996:
(i) The
governor shall appoint three (3) members as follows:
(A) One of
whom shall be the administrator of the division of public utilities and
carriers
within the public utilities commission;
(B) One of
whom shall be the director of the department of environmental management;
and
(C) One of
whom shall be a member of the public;
(ii) The
senate majority leader shall appoint three (3) members as follows:
(A) One of
whom shall be selected from nominations received from the operators of
electric utility companies conducting business
in Rhode Island;
(B) One of
whom shall be a member of the senate; and
(C) One of
whom shall be a member of the public;
(iii) The speaker
of the house of representatives shall appoint three (3) members as
follows:
(A) One of
whom shall be selected from nominations received from the operators of
electric utility companies conducting business
in Rhode Island.
(B) One of whom
shall be a member of the house of representatives; and
(C) One of
whom shall be a member of the public.
(b) Forthwith
upon appointment of its members, the commission shall meet at the call of
the speaker of the house of representatives and
organize and select from among its members a
chairperson. Vacancies in the commission shall
be filled in like manner as the original
appointment.
(c) Members of
the commission shall not be compensated, but shall be reimbursed for all
reasonable and necessary expenses incurred in
the carrying out of their official duties by the
department of business regulation.
(d) All
departments and agencies of the state shall furnish such advice and
information,
documentary and otherwise, to the commission and
its agents as is deemed necessary or desirable
by the commission to facilitate the purposes of
this act.
(e) The
speaker of the house of representatives is hereby authorized and directed to
provide administrative support, including
suitable quarters for the commission and clerical
support, as deemed necessary by the commission
to facilitate the purposes of this chapter.
(f) The
commission shall prepare a plan pursuant to the provisions of section
39-1-27.1,
and shall submit that plan to the general
assembly not later than January 1, 1997. In addition, the
commission shall consider such other matters
related to the implementation of the Utility
Restructuring Act of 1996 as it so deems,
providing advice and recommendations thereon, and the
commission shall expire on April 30, 1997.
39-1-27.5.
Performance based rates (PBR) for electric distribution companies. --
(a)
To prevent residential customers from paying
higher rates as a result of the phased introduction of
competition to commercial and industrial
customers pursuant to section 39-1-27.3, and to hold
overall rate increases to the level of
inflation, for the period beginning January 1, 1997 and
ending on December 31, 1998, electric
distribution companies shall implement a performance
based rate plan. Electric distribution companies
shall be precluded from filing to increase their
rates pursuant to section 39-3-11 or from
seeking increases in their purchased power adjustment
clause for non fuel increases in purchased power
expense under contracts with wholesale power
suppliers when those increases would become
effective after a full suspension during the period
defined above ("the PBR period"), and
during the PBR period only performance based rate
increases as provided in this section shall be
implemented. Performance based increases
calculated in accordance with this section shall
take effect for usage on and after January 1 of
each year during the PBR period and shall be
determined in accordance with the following
procedure. On or before November 15 of 1996 and
1997, each electric distribution company shall
file a report with the commission detailing the
earned return on common equity from intrastate
operations for the twelve (12) months ended as
of the preceding September 30. Electric
distribution companies shall be authorized to
increase their base rates by a per kilowatt-hour
factor equal to the average revenue per
kilowatt-hour received by the electric distribution
company during the prior twelve (12) month
period ending September 30, excluding the costs of
fuel and demand side management programs
multiplied by the rate of inflation as measured by
the change in the consumer price index over the
most recent twelve (12) months for which data is
available. Electric distribution companies
having earned returns on equity greater than the return
allowed as of July 1, 1996 by the commission
(currently allowed rate) shall be required to credit
to or for the benefit of customers one hundred
percent (100%) of all earnings in excess of one and
one-half percent (1.5%) above the currently
allowed rate and fifty percent (50%) of all earnings
between the currently allowed rate and one and
one-half percent (1.5%) above the currently
allowed rate of return on common equity by
refunding revenues associated with such earnings
through a refund factor implemented over a
twelve (12) month period. Electric distribution
companies that earned less than six percent (6%)
return on common equity shall be authorized to
increase their base rates by inflation as
measured above and to implement a surcharge to collect
over twelve (12) months the revenue necessary to
make up the difference between the return on
common equity earned during the historic period
and six percent (6%). During the PBR period,
electric distribution companies shall also be
authorized, with commission approval, to change
their base rates to reflect factors reasonably
beyond their control including, but not limited to,
changes in federal, state and local taxes and
environmental remediation costs. On or before July
1, 1997, the commission shall establish
performance standards to ensure that historic levels of
safety, reliability and customer service do not
deteriorate during the PBR period. Specifically, the
commission shall establish symmetric performance
standards in these areas that provide the
company the opportunity to incur in aggregate an
annual penalty or reward equal to one
percentage point return on common equity that
shall not be considered in determining any other
returns on common equity within this section.
Notwithstanding the foregoing, rates applicable to
low income customers shall not be increased for
any rate increases authorized pursuant to this
subsection. Nothing in this paragraph shall be
deemed to preclude an electric distribution
company from seeking approval from the
commission for:
(1) Changes in
the fully reconciling adjustment clauses in place to reflect changes in the
cost of fuel and demand side management
programs;
(2)
Reconciling adjustments pursuant to purchase power clauses that do not reflect
increases in level of wholesale rates;
(3) Revenue
neutral rate design changes; and
(4) Accounting
changes.
(b) Nothing in
this subsection shall preclude the commission from considering the
interests of ratepayers in the interpretation of
this subsection. This section shall not apply to a
quasi-municipal corporation.
SECTION 11.
Section 39-2-1 of the General Laws in Chapter 39-2 entitled "Duties of
Utilities and Carriers" is hereby amended
to read as follows:
39-2-1.
Reasonable and adequate services -- Reasonable and just charges. -- (a)
Every public utility is required to furnish
safe, reasonable, and adequate services and facilities.
The rate, toll, or charge, or any joint rate
made, exacted, demanded, or collected by any public
utility for the conveyance or transportation of
any persons or property, including sewage, between
points within the state, or for any heat, light,
water, or power produced, transmitted, distributed,
delivered, or furnished, or for any telephone or
telegraph message conveyed or for any service
rendered or to be rendered in connection
therewith, shall be reasonable and just, and every unjust
or unreasonable charge for the service is
prohibited and declared unlawful, and no public utility
providing heat, light, water, or power produced,
transmitted, distributed, delivered, or furnished
shall terminate the service or deprive any home
or building, or whatsoever, of service if the
reason therefor is nonpayment of the service
without first notifying the user of the service, or the
owner or owners of the building as recorded with
the utility of the impending service termination
by written notice at least ten (10) days prior
to the effective date of the proposed termination of
service.
(b) Any existing
rules and regulations dealing with the termination of utility service and
establishing reasonable methods of debt
collection promulgated by the commission pursuant to
this chapter and the provisions of section
39-1.1-3, including but not limited to, any rules and
regulations dealing with deposit and deferred
payment arrangements, winter moratorium and
medical emergency protections, and customer
dispute resolution procedures, shall be applicable
to any public utility which distributes
electricity.
(c) The
commission shall promulgate such further rules and regulations as are necessary
to protect consumers following the introduction
of competition in the electric industry and which
are consistent with this chapter and the
provisions of section 39-1.1-3. In promulgating such rules
and regulations, the commission shall confer
with the Retail Electric Licensing Commission and
shall give reasonable consideration to any and
all recommendations of the Retail Electric
Licensing Commission.
(d) (Effective
until April 15, 2006.) The commission shall promulgate and administer
such rules and regulations as may be necessary
to implement the purpose of this subsection and to
provide for restoration of electric and/or gas
service to Protected Status Customers who are
terminated from utility service prior to August
15, 2005.
(1)
Notwithstanding the provisions of part V section 4(E)(1)(B) and (C) of the
Public
Utilities Commission Rules and Regulations
Governing the Termination of Residential Electric,
Gas, and Water Utility Service, a protected
status customer who is terminated from utility service
prior to August 15, 2005, shall be eligible to
have electric and/or gas utility service restored
providing the following conditions are met: (i)
the customer pays twenty percent (20%) of the
customer's unpaid balance; (ii) the customer
agrees to pay one twenty-fourth (1/24) of the
customer's remaining balance per month for
twenty-four (24) months, (iii) the customer agrees to
remain current with payments for current usage;
and (iv) the customer has shown, to the
satisfaction of the division, that the customer
is reasonably capable of meeting the payment
schedule provided for by provisions (i)-(iii) of
this subsection 39-2-1(d)(1), and that the customer
shall agree to waiver the right to a hearing for
termination of service; provided that this waiver
provision shall apply exclusively to the
provisions of this subsection and shall have no
precedential value for other proceedings before
the commission or the division. Once service is
restored under the provisions of this
subsection, such service may be terminated if payment is not
made within thirty (30) days after the billing
date; provided, however, that termination of service
shall not take place during the moratorium on
shut-offs.
(2) A customer
terminated from service under the provisions of subsection 39-2-1(d)(1)
shall be eligible for restoration of service in
accordance with the applicable provisions of part V
section 4(E)(1)(C) of the Public Utilities
Commission Rules and Regulations Governing the
Termination of Residential Electric, Gas, and
Water Service.
(3) The
provisions of subsection 39-2-1(d)(1) shall be available if the initial payment
for
restoration of service is made between April 15,
2005, and August 15, 2005, inclusive.
SECTION 12.
Section 39-6-14 of the General Laws in Chapter 39-6 entitled "Railroad
Companies" is hereby amended to read as
follows:
39-6-14.
Counsel fees in actions against railroads. -- If any person having
lawful
claims upon any railroad corporation for
overcharge for freight or passage, or for injury or loss of
merchandise, or for damage by unlawful or
unwarrantable delay in the transportation or delivery
of merchandise, or for injury to the person, or
for the refusal to transport or deliver persons or
property, shall give written notice of the same,
addressed to the president or treasurer or master of
transportation of the corporation, and delivered
to either of the officers or to any agent having
charge of any depot of the corporation, fourteen
(14) days previous to commencing suit for the
same, and if the corporation neglects or refuses
to pay the lawful claim, then the complainant, if
he or she recovers more than the amount, if any,
tendered by the corporation, shall also recover
reasonable compensation for the services of his
or her counsel, to be allowed by the court in
addition to the actual damage; and if a less
amount shall be recovered, than then a reasonable
allowance shall be made by the court for the
services of the counsel of the corporation, to be
taxed in addition to and to be allowed with the
defendant's costs as now taxed and allowed by
law.
SECTION 13.
Section 39-8-2 of the General Laws in Chapter 39-8 entitled "Railroad
Crossings" is hereby amended to read as
follows:
39-8-2.
Raising or lowering of highway to eliminate grade crossing. -- If the
town
council of any town wherein a turnpike or
highway crossed by a railroad on a level therewith is
situated, are is of the opinion
that it is necessary for the security of the public that the turnpike or
highway should be raised or lowered, so as to
pass over or under the railroad, they may in writing
request in writing that the corporation
owning the railroad so to raise or lower the turnpike or
highway. If the corporation shall neglects
or refuses so to do so, the town council may apply to
the commission to decide upon the reasonableness
of the request. If the commission, after due
notice and hearing the parties, shall decide that
the lowering or raising of grade is necessary for
the security of the public, the corporation
shall comply with the decision; provided, that either
party shall have the right, in accordance with
chapter 5 of this title, to petition the supreme court
for relief, and the court shall have full power
to finally decide the question as to the necessity of
changing the grade. The cost and expense of
making the change of grade shall be borne by the
railroad corporation and the town asking for the
change, in the proportion as may be decided by
the court. If, after the decision of the court
that a change of grade is necessary, or if, having taken
no appeal from the decision of the commission,
the corporation shall unreasonably neglect or
refuse to change the grade, the town council may
proceed to make the change, and may in an
action against the corporation recover all
charges and expenses occasioned by making the
alterations.
SECTION 14.
Section 39-12.1-1 of the General Laws in Chapter 39-12.1 entitled "The
Towing Storage Act" is hereby amended to
read as follows:
39-12.1-1.
Declaration of purpose and policy. -- The legislature hereby finds the
following legislation to be in the public
interest for these reasons:
WHEREAS, A tow
truck in the hands of an incompetent operator is a dangerous
instrumentality; and
WHEREAS, The
public has an inherent right to ready access to the name, location, and
telephone number of certificated towers,;
and
WHEREAS, The
operation of a tow truck on the public highway with a vehicle in tow is
a dangerous instrumentality exposing others on
or about the highway to loss or damage, which
must be covered by adequate insurance; and
WHEREAS, The
motoring public has a right, when delegating to law enforcement the
selection of an operator in the towing-storage
business, to expect that the operator selected and
responding will be competent; and
WHEREAS, The
motoring public has a right when delegating to law enforcement the
selection of an operator in the towing-storage
business, to expect that the charges for the services
to be rendered will be reasonable and
compensatory, and that the operator is physically equipped
in his or her business to function properly; and
WHEREAS, The
towing and storage of a vehicle without the owner's consent, as is the
case in most police instigated tows, requires
certain procedures to assure the owner that rights of
due process of law are not violated; and
WHEREAS, The
owner or person in control of private property of real estate has a right
to be free from trespass by vehicle on the
private property; and to have any such trespassing
vehicle removed at the owner's
expense; and
WHEREAS, The
police powers delegated by the legislature of the state include the
power of the police, even without the owner's
consent, to have public ways cleared of conditions
which, in the opinion of the officer, creates a
hazardous condition to the motoring public; to have
removed abandoned, abandoned and of no value and
unattended vehicles; to have removed and/or
relocated vehicles in violation of parking
ordinances; and to have removed any vehicle under
control of any person arrested for any criminal
offense; and
WHEREAS, The
process of selection of the operator of a towing-storage business for
police work is unique in that law enforcement,
though having the legal duty to order the work,
has no legal duty to pay costs and charges
connected therewith, the same being the duty of the
vehicle owner.
SECTION 15.
Section 39-17-2 of the General Laws in Chapter 39-17 entitled
"Franchises" is hereby amended to read
as follows:
39-17-2.
Purposes for which permitted -- Duration -- Protection of existing
businesses -- Landowner's rights. -- Any grants, whether by
ordinance or by contract, may
confer upon any corporation created by the
general assembly for the purpose of distributing
water, or for the purpose of producing, selling,
and distributing currents of electricity to be used
for light, heat, or motive power, or for the
purpose of manufacturing, selling, and distributing
illuminating or heating gas, or for the purpose
of operating street railways by any motive power,
or for the purpose of operating telephones, the
exclusive right, for a time not exceeding twenty-
five (25) years, to erect, lay, construct, and
maintain for the purposes for which the corporation is
created, poles, wires, pipes, conduits, rails,
or cables, with necessary and convenient
appurtenances as may be required for the conduct
of the business of the corporation, in, over or
under the streets of the town or city; provided,
however, that no grant of exclusive rights or
franchises for any of the purposes described in
this section shall be made by any city or town
wherein, at the time a corporation
created for the same purpose, or a person duly authorized by
law to use the streets for such purpose, shall
be in actual use and enjoyment of the rights, except
to the corporation or person already carrying on
business in the city or town; and provided,
further, that whenever in any city or town more
than one corporation shall at the time be in actual
use and enjoyment of portions of the streets and
highways for any of the purposes described in
this section, no exclusive right or franchise
shall be granted to either without the consent of the
other; and provided, further, that no grant
shall prevent any town or city from permitting any
person or corporation to use streets or highways
for any of the purposes described in this section
in order to connect and serve any two (2) or
more estates owned by the person or corporation.
SECTION 16.
Sections 40-5.1-9, 40-5.1-31 and 40-5.1-46 of the General Laws in
Chapter 40-5.1 entitled "Family
Independence Act" are hereby amended to read as follows:
40-5.1-9.
Cash assistance. -- (a) Entitlement to cash assistance. - A family
found by the
department to meet the eligibility criteria set
forth in this chapter shall be entitled to receive cash
assistance from the date of submitting a signed
application. The family members shall be eligible
for cash assistance for so long as they continue
to meet the eligibility criteria and parents shall be
eligible so long as they meet the terms and
conditions of the work requirements of subsection (c).
The monthly amount of cash assistance shall be
equal to the payment standard for the family
minus the countable income of the family in that
month. The department is authorized to reduce
the amount of assistance in the month of
application to reflect the number of the days between the
first (1st) day of the month and the effective
date of the application.
(b) Payment
standard. - The payment standard is equal to the sum of the following: three
hundred twenty-seven dollars ($327) (two hundred
seventy-seven dollars ($277) for a family
residing in subsidized housing) for the first
person, one hundred twenty-two dollars ($122) for the
second person, one hundred five dollars ($105)
for the third person and eighty dollars ($80) for
each additional person.
(c) (1) Work
requirements. - No more than forty-five (45) days following the date on
which a family has been notified by the
department in writing that it is eligible for cash assistance
under the act, the department shall develop a
family financial plan pursuant to section 40-5.1-5
and, unless the parent is exempt from work
pursuant to paragraph (iv), the department shall assess
the parent's educational and vocational
abilities and develop an individual employment plan
pursuant to section 40-5.1-5. In the case of a
family including two (2) parents, the department
may develop an employment plan for each parent
if the parents so request.
(2) The
employment plan shall specify the parent's work activity and the supportive
services which will be provided by the
department to enable the parent to engage in the work
activity.
(i) During the
first twenty-four (24) months of the employment plan, the parent shall
participate, for a minimum of twenty (20) hours
per week for parents whose youngest child in the
home is under the age of six (6), and for a
minimum of thirty (30) hours per week for parents
whose youngest child in the home is six (6)
years of age or older, in one or more of the following
work activities, as appropriate, in order to
help the parent obtain stable full-time paid
employment:
(A) Paid
employment, (including on-the-job training);
(B) A community
work experience in a program which satisfies the requirements of
section 40-5.1-23;
(C) A training or
work readiness program approved by the department and conducted at
a job site if the program involves supervised
participation in work at the site;
(D) During the
first six (6) months of eligibility (or for a longer period if the department
determines it necessary to prepare the parent to
obtain stable full-time employment), successful
participation in an approved work readiness
program as defined in section 40-5.1-22;
(E) During the
first three (3) months of eligibility (or for a longer period if the
department determines it necessary to prepare
the parent to obtain stable full-time employment),
participation in an approved rapid job placement
program as defined in section 40-5.1-20;
(F) A supervised
individual job search which meets the conditions set forth in section
40-5.1-21;
(G) For a parent
under the age of twenty (20) without a high school diploma or the
equivalent, successful participation on a
full-time basis in a program to secure such diploma or
the equivalent;
(H) For a parent
age twenty (20) or older, without basic literacy or English literacy skills,
successful participation on a full time basis in
a program to secure such skills; and
(I) For a parent
age twenty (20) or older (and a parent under the age of twenty (20) who
has a high school degree or the equivalent or a
parent under the age of twenty (20) for whom
attendance at a high school is determined to be
inappropriate) successful participation in a
vocational education, skills or job training
program, including without limitation, a program of
postsecondary education, which the department
determines is likely to result in regular full-time
employment at wages sufficient to eliminate
eligibility for cash assistance under the act.
(ii) Beginning
with the twenty-fifth (25th) month of the employment plan, the parent
shall participate in one or more of the
following work activities for at least twenty (20) hours per
week for parents whose youngest child in the
home is under the age of six (6) and thirty (30)
hours per week for parents whose youngest child
in the home is six (6) years of age or older:
(A) Paid
employment (including on-the-job training);
(B) A community
work experience program which satisfies the requirements of section
40-5.1-23;
(C) A training
program approved by the department and conducted at a job site if the
program involves supervised participation in
work at the site.
(iii) The
following parents shall be deferred from the participation requirement in
paragraph (ii):
(A) A parent
under the age of twenty (20) without a high school diploma or the
equivalent who is successfully participating, on
a full-time basis, in a program to secure such
diploma or the equivalent;
(B) A single
parent age twenty (20) or older, without basic literacy or English language
skills, who: (I) is participating in a full-time
program but is unable to complete a literacy or
language skills program during the first
twenty-four (24) months of his or her employment plan,
or (II) who the department has determined is
unable to secure paid employment without
additional language or literacy skills, and who
is successfully participating in a program to secure
such skills;
(C) A parent age
twenty (20) years or older, who is successfully participating in a
vocational education, skills or job training
program, including without limitation, a program of
postsecondary education, which the department
determines is likely to result in regular full-time
employment at wages sufficient to eliminate
eligibility for cash assistance under the act;
provided, however, that the parent began the
program prior to the twenty-fifth (25th) month of his
or her employment plan; provided, further,
however, that participation shall not be deemed a
work activity after the thirty-sixth (36th)
month of the employment plan;
(D) Upon completion
of any activity in subparagraphs (A)--(C), the parent shall be
subject to the work activity requirements of
paragraph (ii).
(iv) Paragraphs
(i) and (ii) shall not apply to a single parent if (and for so long as) the
department finds that he or she is:
(A) Unable to
comply with the employment plan because of an illness which, on the
basis of medical evidence, is serious enough to
temporarily prevent work;
(B) Unable to
comply with the employment plan because of a physical or mental
impairment which, on the basis of medical
evidence, either by itself or in conjunction with age,
prevents work;
(C) Unable to
comply with the employment plan because of the illness or incapacity of a
minor child or spouse who requires full-time in-home
care, and for whom the person is providing
care;
(D) Caring for a
child below the age of one; provided, however, that a minor parent
without a high school diploma or the equivalent,
and who is not married, shall not be exempt
from subparagraph (i)(G) for more than twelve
(12) weeks from the birth of the child;
(E) Sixty (60)
years of age or older;
(F) A pregnant
woman in her third trimester;
(G) Otherwise
exempt by the department.
(v) (A) The
amount of cash assistance to which an otherwise eligible family is entitled
under the act, shall be reduced by the portion
of the family's benefit attributable to any parent
who, without good cause, has failed to enter
into an individual employment plan or has failed to
comply with his or her individual employment
plan, as required under this chapter; provided that
the reduction shall be applied during the first
eighteen (18) months, whether or not consecutive,
of such failure or non-compliance by the parent.
(B) The department
shall terminate cash assistance to a family if any parent in the family
has failed, without good cause, to enter into an
individual employment plan or to comply with his
or her individual employment plan, for eighteen
(18) months, whether or not consecutive.
(C) For purposes
of paragraph (v) the benefit reduction for a family size of two (2) shall
be computed utilizing a family size of three
(3).
(vi) (A) If the
family's benefit has been reduced in accordance with paragraph (v)(A) for
less than eighteen (18) months, whether or not
consecutive, due to the parent's failure to enter into
an individual employment plan or failure to
comply with the terms of his or her individual
employment plan, benefits shall be restored to
the full amount beginning with the initial payment
made on the first of the month following the
month in which the parent (1) enters into an
individual employment plan and demonstrates
compliance with the terms thereof, or (2)
demonstrates compliance with the terms of his or
her existing individual employment plan, as
such plan may be amended by agreement of the
parent and the department.
(B) If the
family's benefit has been terminated in accordance with paragraph (v)(B) due
to the failure by one or more parents to enter
into an individual employment plan or failure to
comply with the terms of his or her individual
employment plan, the family may re-apply for
benefits and benefits shall be restored to the
family in the full amount the family is otherwise
entitled to under this chapter beginning on the
first of the month following the month in which all
parents in the family who are subject to the
employment plan requirements under this chapter (1)
enter into an individual employment plan and
demonstrate compliance with the terms thereof, or
(2) demonstrate compliance with the terms of the
parent's individual employment plan in effect
at the time of termination of benefits, as such
plan may be amended by agreement of the parent
and the department.
(vii)(A)
Notwithstanding paragraphs (i) and (ii) of this subsection, in the case of a
family
consisting of two (2) parents, (except as
provided in paragraph (xi) below), beginning seven (7)
days following completion of the family
financial plan and the individual employment plan(s), or
as soon as practical thereafter, one parent
shall be engaged in work activities for at least thirty-
five (35) hours per week during the month, not
fewer than thirty (30) hours per week of which are
attributable to one or more of the following
activities:
(A)(I)
Unsubsidized employment;
(B)(II)
Subsidized private sector employment;
(C)(III)
Subsidized public sector employment;
(D)(IV)
Work experience if sufficient private sector employment is not available;
(E)(V)
On-the-job training;
(F)(VI)
Job search and job readiness assistance;
(G)(VII)
Community service program;
(H)(VIII)
Vocational educational training (not to exceed twelve (12) months with respect
to any individual); or
(I)(IX)
The provision of child care services to an individual who is participating in a
community service program.
(B)
Moreover, in the case of a two (2) parent family wherein one parent is engaged
for
at least thirty-five (35) hours per week in the
work activities specified immediately above, and if
the family requests child care assistance under
this chapter, and an adult in the family is not
disabled or caring for a severely disabled
child, the second parent must be engaged in work
activities during the month for not fewer than
twenty (20) hours per week in one or more of the
following activities:
(A)(I)
Unsubsidized employment;
(B)(II)
Subsidized private sector employment;
(C)(III)
Subsidized public sector employment;
(D)(IV)
Work experience if sufficient private sector employment is not available;
(E)(V)
On-the-job training; or
(F)(VI)
Community service programs;
(viii) Paragraph
(vii) shall not apply:
(A) To a parent
who is ill and the department determines on the basis of medical
evidence that the illness is serious enough to
temporarily prevent entry into employment or
engaging in the activities listed in paragraph
(vii) or to provide care for his or her children; or
(B) To a parent
who is incapacitated by a physical or mental impairment which the
department has determined on the basis of
medical evidence either by itself or in conjunction with
age, prevents the individual from engaging in
employment or training or providing care for his or
her children; or
(C) To a parent
who is providing full-time in-home care to a minor child or parent who,
due to illness or incapacity, requires full-time
in-home care; or
(D) If otherwise authorized
by the department for cause.
(ix) If, during
any month, parents required to comply with paragraph (vii) fail, without
good cause to do so, the family shall be deemed
for all purposes under this section to include only
one parent. The parent included in the family
shall be the parent which that the department
determines has accepted primary responsibility
for child care. The parent included in the family,
unless exempt pursuant to paragraph (iv), shall
be required to comply with paragraphs (i) and (ii)
of this subsection and shall be subject to the
penalties in paragraphs (v) and (vi), as applicable, if
the parent fails to do so. Notwithstanding the
foregoing, in determining the amount of cash
assistance to which a family is entitled under
this chapter, the earnings of any parent living in the
same household as a family eligible for cash
assistance, shall be deemed to be earned income of
the family for purposes of section 40-5.1-10(b).
(x) A parent's
failure, without good cause, to accept a bona fide offer of work, including
full-time, part-time and/or temporary
employment, or unpaid community service, to the extent the
offer of work is not inconsistent with the
employment plan shall be deemed a failure to comply
with this section, provided that:
(A) The parent is
able to perform the work offered; and
(B) Appropriate
child care (as defined in subsection (e) hereof) is made available to the
parent.
(xi) A two (2)
parent family that includes a disabled parent shall be considered to be a
single parent family for purposes of applying
the work requirements of paragraphs (i) and (ii).
(d) Child care. -
Notwithstanding any other provision of this section, no single parent, or
both parents meeting the requirements of
paragraph (vii), shall be required to work to the extent
that appropriate child care is necessary for the
parent to do so and the department determines that
such appropriate child care is unavailable for
fiscal or other reasons. For purposes of this section
"appropriate child care" means child
care which is provided by a person or organization qualified
and authorized to provide such care by the
department of children, youth, and families or such
other lawful providers as determined by the
department of children, youth, and families. Child
care shall be considered "necessary"
under this section for any child below the age of thirteen
(13), or any children age thirteen (13) years or
older who are under supervision of the family
court or who require care because of a physical
or mental impairment.
(e) Work
expenses. - The department shall provide an allowance for transportation costs
necessary to comply with the employment plan,
provided, however, that the amount of such
reimbursement shall not exceed the sum of three
dollars ($3.00) per day.
40-5.1-31.
Department of human services. -- (a) Except as otherwise provided for
herein, the director of the department of human
services is responsible for implementation of this
chapter.
(b) No later than
March 1 each year, the director shall submit a plan to the general
assembly showing how, within available
resources, the department expects to operate the
programs authorized under this chapter in the
succeeding fiscal year. The plan shall, to the extent
the director deems appropriate, take into
account the results of the research and program
evaluation conducted by the board of governors
for higher education pursuant to section 40-5.1-
32 and the views of the advisory commission
established pursuant to section 40-5.1-35. It shall
describe how the department intends to
coordinate its activities with those of other governmental
departments and organizations and with those
nonprofit nongovernment organizations which
provide services to the same population
receiving assistance under this chapter. Beginning in state
fiscal year 1998, the plan shall include an
assessment of the minimum financial resources which
Rhode Island families of varying compositions
require to provide themselves with adequate food,
shelter, clothing, education and health care
and, in the case of working families, to pay for work
related expenses, including without limitation,
child care, transportation and clothing. The
assessment shall reflect the child support
guidelines issued from time to time by the Rhode Island
family court.
(c) The
department is empowered and authorized to submit its plan for services under
the
act to the federal government or any agency or
department thereof having funds available for
benefits to low income families for approval
pursuant to the provisions of the Social Security Act,
42 U.S.C. section 301 et seq. The department
shall act for the state in any negotiations relative to
the submission and approval of the plan and/or
waivers and may make any arrangement or
changes in its plan and/or waivers not
inconsistent with this chapter which may be required or
permitted by the Social Security Act or rules
and regulations promulgated pursuant thereto, to
obtain and retain approval and to secure for
this state the benefits of the provisions of the federal
act relating to family assistance. The
department shall make reports to the federal government or
any agency or department thereof in the form and
nature required by it, and shall in all respects
comply with any request or direction of the
federal government or any agency or department
thereof which may be necessary to assure the
correctness and verification of the reports.
(d) (1) The
department of human services is hereby authorized and directed to expedite
the implementation of this act by submitting to
the federal government, on behalf of the state,
such state plan amendments and any federal
waiver requests which it deems necessary to fully
implement the provisions of this act and to
secure for this state the benefits of federal financial
participation and/or grants for the above
referenced programs, as amended, pursuant to titles IV
and XIX of the federal Social Security Act, 42
U.S.C. sections 601 et seq. and 1396 et seq., and
Subchapter II-B of the Child Care and
Development Block Grant codified at 42 U.S.C. 9858 et
seq., and as such acts may hereafter be
recodified or amended by such acts as may be considered
and enacted by the Congress of the United
States.
(2) Any
provisions of chapters 5.1, 6 and 6.2 of this title and section 42-12-3 which
are
inconsistent with federal law or regulations
shall be void unless the department receives an
exemption or waiver from the federal government
to implement the provision.
(3) The
department of human services is hereby authorized and directed to implement
this act only in accordance with the terms and
conditions of state plan amendments, waivers, or
other approvals granted by the federal
government and changes in rules, regulations and policies
of the department that are promulgated pursuant
to chapter 35 of title 42.
40-5.1-46.
Screening for domestic violence -- Waiver of program requirements. --
(a)
The department shall:
(i)(1)
screen and identify individuals with a history of domestic violence applying
for or
receiving assistance while maintaining the
confidentiality of such individuals;
(ii)(2)
refer such individuals to counseling and supportive services; and
(iii)(3)
waive, pursuant to a determination of good cause and for so long as necessary,
cash assistance program requirements relating to
time limits for individuals receiving assistance,
residency requirements, child support
cooperation requirements, and work requirements, in cases
where compliance with such requirements would
make it more difficult for individuals receiving
assistance under this chapter to escape domestic
violence or unfairly penalize such individuals
who are or have been victimized by such
violence, or individuals who are at risk of further
domestic violence.
(b) For purposes
of this section, the term "individual with a history of domestic
violence"
means an individual who has been subjected to:
(i)(1)
Physical acts that resulted in, or threatened to result in, physical injury to
the
individual;
(ii)(2)
Sexual abuse;
(iii)(3)
Sexual activity involving a dependent child;
(iv)(4)
Being forced as the caretaker relative of a dependent child to engage in
nonconsensual sexual acts or activities;
(v)(5)
Threats of, or attempts at, physical or sexual abuse;
(vi)(6)
Mental abuse; or
(vii)(7)
Neglect or deprivation of medical care.
SECTION 17.
Sections 40-6-12, 40-6-16 and 40-6-27.1 of the General Laws in Chapter
40-6 entitled "Public Assistance Act"
are hereby amended to read as follows:
40-6-12.
Records as to assistance. – (a) All records pertaining to the
administration of
public assistance pursuant to this chapter and
chapter 8 of this title are hereby declared to
constitute confidential matter. It shall be
unlawful for any person to make use of, or cause to be
used, any information contained in records for
purposes not directly connected with the
administration thereof, except with the consent
of the individual concerned.
(b) The
director of the department shall have the power to establish rules and
regulations
governing the custody, use, and preservation of
the records, papers, files, and communications
dealing with the administration of public
assistance. The rules and regulations shall have the same
force and effect as law. The records shall be
produced in response to subpoena duces tecum
properly issued by any federal or state court;
provided, however, that the purpose for which the
subpoena is sought is directly connected with
the administration of public assistance. No
subpoena shall be issued by a court asking
either for the records, or for persons having custody or
access to the records, unless the litigation
involved in such matters is directly connected with the
administration of public assistance.
(c) Any
person who by law is entitled to a list of individuals receiving any of the
assistance as provided in this section, shall
not publish or cause to be published the list except by
the express consent of the director of the
department, or to make use thereof for purposes not
directly connected with the administration
thereof. Any person violating any of the provisions of
this section, or the lawful rules and
regulations made pursuant to this section, shall be guilty of a
misdemeanor, and shall be fined not more than
two hundred dollars ($200) or shall be imprisoned
for not more than six (6) months, or both.
(d) Nothing
in this section shall be deemed to prohibit the director of the department, or
his or her agents duly authorized for that
purpose, from issuing any statistical material or data, or
publishing or causing the data to be published
whenever he or she shall deem it to be in the public
interest. The director of the department may
inquire into the records of any state department or
agency in the course of his or her
administration of public assistance.
40-6-16.
Fraudulent use of food stamps. – (a) Any person who by any
fraudulent device
obtains, or attempts to obtain, or aids or abets
any person to obtain food stamps issued pursuant to
the Food Stamp Act of 1964, as amended, 7 U.S.C.
section 2011 et seq., shall be guilty of
larceny, and upon conviction thereof, shall be
punished by imprisonment of not more than five
(5) years or by fine of not more than one
thousand dollars ($1,000) or both, if the value of the
food stamps to which one is not entitled shall
exceed five hundred dollars ($500), or by
imprisonment by less than one year or by a fine
of not more than five hundred dollars ($500) or
both, if the value of the food stamps to which
one is not entitled, shall not exceed five hundred
dollars ($500).
(b) Upon
conviction of the felony or misdemeanor, the individual shall be ineligible to
participate in the food stamp program for not
less than six (6) and not more than twenty-four (24)
months, as determined by the court; provided,
that the disqualification applies only to the
individual so convicted and does not render the
entire household ineligible for the program.
40-6-27.1.
Supplementary cash assistance program for severely disabled and elderly
residents. -- (a) There is hereby
established a cash assistance program for disabled and elderly
legal immigrant residents of the state who
received a state supplementary assistance payment
under section 40-6-27 on July 1, 1997, who are
in need, and who become ineligible after July 1,
1997 for federally funded assistance under the
supplemental security income program, Title XVI
of the Social Security Act, 42 U.S.C. section
1381 et seq. due solely to the restricted eligibility
rules imposed by section 402(a)(1) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, (Public Laws
104-193) and as such section may hereafter be
amended.
(b) Benefits
under this program shall be provided only to such residents specified in
subsection (a) who are aliens lawfully admitted
for permanent residence or otherwise
permanently residing in the United States under
color of law and benefits shall not be provided to
illegal or undocumented aliens.
(c) The income
and resource rules, methodologies and limits shall be the same as those
in the Supplemental Security Income Program,
Title XVI of the Social Security Act, 42 U.S.C.
section 1381 et seq.
(d) The monthly
amount of cash assistance shall be equal to the appropriate payment
standard as provided in subsection (e) minus the
countable income of the recipient in that month.
(e) The
department is authorized and directed to make monthly payments of cash
assistance to eligible recipients in accordance
with the following standards of assistance:
(1)
Institutionalized individuals, $40 per month;
(2) All
other individuals, $200 per month.
(f) Individuals
who are receiving a state supplementary assistance payment under section
40-6-27 on July 1, 1997 and who become
ineligible for benefits under the supplemental security
income program, Title XVI of the Social Security
Act 42 U.S.C., section 1381 et seq., due solely
to their immigrant status shall be deemed
eligible for supplementary cash assistance under this
section and shall begin to receive payment in
the month following the last month in which
supplemental security income benefits under
section 40-6-27 are received.
(g) The
department is directed to promulgate regulations to implement the
supplementary cash assistance program including
provisions relating to the determination of
eligibility, and providing recipients with
advanced written notification of a decision to reduce or
terminate such benefits. Any notice of a
decision to reduce or terminate benefits shall include an
explanation of the reasons therefore, and the
notice shall advise the recipient of a right to appeal
under the Administrative Procedures Act, section
42-35-1 et seq.
SECTION 18.
Section 40-6.4-8 of the General Laws in Chapter 40-6.4 entitled "Incentive
for Training and Employment" is hereby
repealed.
40-6.4-8.
Appropriation. -- There is hereby appropriated to the department
the sum of
four hundred thousand dollars ($400,000) to be
expended during the fiscal year ending June 30,
1988 to carry out the purposes of this chapter,
and the state controller is hereby directed to draw
his or her orders upon the general treasurer for
the payment of the sum, or so much thereof as
may be required from time to time upon receipt
by him or her of vouchers duly authenticated. The
director is authorized to request such
appropriations for the fiscal years ending June 30, 1989 and
June 30, 1990 as he or she deems necessary to
carry out the purposes of this chapter during the
second (2nd) and third (3rd) years of the
demonstration program.
SECTION 19.
Sections 40-8-12 and 40-8-13.1 of the General Laws in Chapter 40-8
entitled "Medical Assistance" are hereby
amended to read as follows:
40-8-12.
Federal approval. – (a) The department is empowered and
authorized to submit
its plan for medical assistance to the federal
government, or any agency or department thereof
having funds available for medical care benefits
provided for in this chapter, for approval
pursuant to the provisions of the federal Social
Security Act, 42 U.S.C. section 1396 et seq. The
department shall act for the state in any
negotiations relative to the submission and approval of
the plan and may make any arrangement or changes
in its plan not inconsistent with this chapter
which may be required by the Social Security
Act, or the rules and regulations promulgated
pursuant thereto, to obtain and retain the
approval and to secure for this state the benefits of the
provisions of the federal act relating to
medical assistance for the needy.
(b) The
department shall make reports to the federal government or any agency or
department thereof in the form and nature
required by it, and shall, in all respects, comply with
any request or direction of the federal
government or any agency or department thereof which
may be necessary to assure the correctness and
verification of the reports.
40-8-13.1.
Reimbursement for out-of-state hospital services. – (a) The
department of
human services is hereby authorized and directed
to amend, effective July 1, 1995, its regulations,
fee schedules and the Rhode Island state plan
for medical assistance (Medicaid) pursuant to title
XIX of the federal Social Security Act to
provide for reimbursement to out-of-state hospitals for
services provided to eligible recipients in
accordance with this section.
(b)
Authorized inpatient hospital services shall be reimbursed at a rate equal to
fifty
percent (50%) of the out-of-state hospital's
customary charge(s) for such services to title XIX
recipients in that state; provided, however,
that in-patient hospital organ transplant services shall
be reimbursed at sixty-one percent (61%) of the
out-of-state hospital's customary charge(s) for
such organ transplant services to title XIX
recipients in that state. Authorized outpatient hospital
services (other than laboratory services) shall
be reimbursed at a rate equal to fifty-three percent
(53%) of the out-of-state hospital's customary
charge(s) for such services to title XIX recipients
in that state; outpatient laboratory services
shall be reimbursed at the Medicare allowable rate.
(c) The
department may periodically adjust the inpatient and/or outpatient service
reimbursement rate(s) based upon a medical care
cost index to be determined by the department.
SECTION 20.
Sections 40-8.4-3 and 40-8.4-17 of the General Laws in Chapter 40-8.4
entitled "Health Care For Families"
are hereby amended to read as follows:
40-8.4-3.
Definitions. – (a) "Family" means a minor child or
children and the parent(s) or
relative as defined in section 40-5.1-3, with
whom they reside including two parent families in
which one parent is working more than 100 hours
per month.
(b)
"Minor child" means a child under the age of eighteen (18) or who is
eighteen (18)
and a full-time student in a secondary school or
in the equivalent level of vocational or technical
training.
40-8.4-17.
Pilot primary care program established. – (a) To increase
primary care
access for those state residents who do not have
access to health insurance coverage or who are
unable to afford health insurance coverage, the
director of the state department of human services
in collaboration with the director of the
department of health shall develop a plan for a pilot
primary care program for uninsured residents of
the state. The pilot program may include enrollee
premiums and co-insurance payments that are
income-based with premiums and/or co-insurance
subsidized by the state. The pilot program may
also include catastrophic or reinsurance coverage
provided under the auspices of the state. In
designing the pilot program, the director may consider
a variety of service delivery and financing
models including capitation payments to private
physicians, a buy-in program under RIte Care and
coverage arrangements purchased from
qualified community health centers. In
developing the pilot program the director may seek
available federal grant monies, including
Medicaid, and private foundation grants.
(b) The
director shall submit the plan for the pilot primary care program to the governor,
the speaker of the house, the president of the
senate, the majority leaders of the house and senate
and the chairpersons of the house and senate
finance committees by January 15, 2005. The plan
shall include: eligibility criteria for
participation in the pilot program, the scope of services to be
offered, the geographic area and population to
be served, and cost estimates to implement the
program.
SECTION 21.
Sections 40-9-2 and 40-9-17 of the General Laws in Chapter 40-9 entitled
"Services for People who are Blind or
Visually Impaired" are hereby amended to read as follows:
40-9-2.
General duties of administrator. – (a) The administrator of
services for people
who are blind or visually impaired shall devote all
of his or her time to the duties of his or her
office and keep at his or her office in the
state house a register of individuals who are blind or
visually impaired in the state, describing their
condition, cause of blindness, and capacity for
education and industrial training.
(b) The
administrator shall, under the direction of the director, generally be charged
with:
(1) Maintaining a
placement service with the object of determining the fitness of
applicants who are blind or visually impaired
for work, vocational guidance, and securing
occupation when applicants are trained;
(2) Assisting,
when called up by the school to careers committee of the human resource
investment council, that board in its work for
students who are blind or visually impaired and in
the application of federal aid;
(3) Assisting the
department of education, when called upon by it, in performing its
duties under chapter 25 of title 16;
(4) Having
general charge of the home teaching of persons who are blind or visually
impaired in the state;
(5) Having charge
of such workshops for the training of persons who are blind or
visually impaired and salesrooms for the sale of
the products of the blind and visually impaired as
the director may from time to time establish;
and
(6) Performing
such other duties with respect to his or her office as the director may
prescribe.
40-9-17.
Confidentiality of reports -- Authorized uses -- Penalty for disclosure. –
(a)
All reports mentioned in section 40-9-15 are
hereby declared to constitute confidential matter. It
shall be unlawful for any person to make use of
or cause to be used, any information contained in
the reports for purposes not directly connected
with the administration of services for people who
are blind or visually impaired or the division
of motor vehicles, except with the consent of the
individual concerned.
(b) The
director of human services shall have the power to establish rules and
regulations
governing the custody, use, and preservation of
the reports which shall have the same force and
effect as law. The reports shall be produced in
response to a subpoena duces tecum properly
issued by any federal or state court; provided, however,
that the purpose for which the subpoena
is sought is directly connected with the
administration of services for people who are blind or
visually impaired. No subpoena shall be issued
by a court asking either for the reports, or for
persons having custody or access to the reports,
unless the litigation involved in the matter is
directly connected with the administration of
services for people who are blind or visually
impaired.
(c) Any
person violating any of the provisions of this section, or the lawful rules and
regulations made hereunder, shall be deemed
guilty of a misdemeanor, and shall be fined not
more than two hundred dollars ($200) or shall be
imprisoned for not more than six (6) months, or
both.
(d) Nothing
in this section shall be deemed to prohibit the director of the department of
human services, or his or her agents duly
authorized for that purpose, from issuing any statistical
material or data, or publishing or causing the
data to be published whenever he or she shall deem
it to be in the public interest.
SECTION 22.
Sections 40-9.1-1.1 and 40-9.1-5 of the General Laws in Chapter 40-9.1
entitled "Equal Rights of Blind and Deaf
Persons to Public Facilities" are hereby amended to read
as follows:
40-9.1-1.1.
Definitions. -- (b)(a) "Guide dog" means a dog
that has been or is being
specially trained to aid a particular blind or
visually impaired person.
(c)(b)
"Hearing dog" means a dog that has been or is being specially trained
to aid a
particular deaf or hard-of-hearing person.
(d)(c)
"Housing accommodations" means any real property or portion thereof
that is used
or occupied, or intended, arranged or designed
to be used or occupied, as the home, residence or
sleeping place of one or more human beings, but
does not include any single-family residence the
occupants of which rent, lease or furnish for
compensation to more than one room therein.
(d)(a)
"Personal assistance animal" means a dog that has been or is being
trained as a
guide dog, hearing dog or service dog.
(e) "Service
dog" means a dog that has been or is being specially trained to aid a
particular disabled person with a disability
other than sight or hearing.
40-9.1-5.
Family therapy pets in public places. – (a) The privileges of
access and
transportation provided to personal assistance
animals in section 40-9.1-2 shall be extended to
family therapy pets which are further defined as
primary companions which include but are not
limited to dogs, cats, rabbits, and guinea pigs,
that are working in the provision of pet assisted
therapy treatment and education.
(b) The
provisions are such that the pet assisted therapy facilitator is working in
conjunction with the family therapy pet in a
predetermined medical or educational setting, with a
selected clientele. The medical interactions are
to be individually planned, goal-oriented, and
treatment based, and the educational settings
are to be classroom based.
(c)
Throughout the interactions, the pet assisted therapy facilitator and the
family therapy
pet will abide by a set code of ethics, and will
follow professional guidelines to ensure that the
actions and deeds of the pet assisted therapy
facilitator reflect advocacy of profession, pets, and
clients, and other professions; while
simultaneously ensuring that the interaction of the family
therapy pet and client remains beneficial and
strives to enhance the quality of life through this
animal-human bond.
(d) Prior
to any interactions, the family therapy pet must first meet the immunization
criteria, a current certificate of good health,
which shall be issued by a licensed, practicing
veterinarian, as well as the temperament
criteria, a certificate of good temperament, which shall
be issued from a certified or practicing dog
trainer or animal behaviorist, and training criteria, in
which the pet assisted therapy facilitator and
the family therapy pet learn to work as a team
learning together to execute safely and
effective interaction, which are accepted in the field,
specifically other pet assisted animal
facilitators, veterinarians, dog trainers, animal behaviorists
and the state of Rhode Island.
(e) Access
and transportation privileges are only extended while the family therapy pet is
on the way to or actively participating in a
program.
(f) The
animal assisted therapy facilitator, an individual who has successfully
completed
or is in the process of completing accepted pet
assisted therapy program, shall be responsible for
the control and safety of the pet, which is to
include cleaning up and elimination of wastes,
keeping the pet on a proper leash and collar,
carrying a smaller animal in a travel crate, adhering
to all standard rules, regulations, and laws
within both the facility and the state of Rhode Island,
and upholding an active insurance policy that
will cover an unforeseen mishap and/or accidental
occurrence which may result in causing property
damage and/or personal injury while actively
participating in a program.
SECTION 23.
Section 40-11-12 of the General Laws in Chapter 40-11 entitled "Abused
and Neglected Children" is hereby amended
to read as follows:
40-11-12.
Award of custody. -- (a) If the court shall find that a child is abused
or
neglected within the meaning of this chapter,
the court shall by decree duly enter process as
follows:
(b) Place the
child under the supervision of the department in his or her own home if the
court makes a determination that the child will
be safely maintained in the home or award the
care, custody, and control of the child to the
department upon such terms as the court shall
determine. The court may place the custody of
the child in the department until such time as it
finds that the child may be returned to the
parents or other person previously having custody or
care of the child under circumstances consistent
with the child's safety.
(c) The
court may require the parent or person previously having custody to undertake a
program of counseling, including psychiatric
evaluation and/or treatment as a prerequisite to the
return of the child to his or her custody.
(d) When a
child has been placed in the care, custody and control of the department
pursuant to the provisions of this chapter or of
chapter 1 of title 14 the court shall have the power
to appoint a guardian of the person of the
child.
(e) No
petition for guardianship shall be granted unless it contains the written
consent of
the parent or parents previously having custody
of the child and of the department of children,
youth and families.
(f) The
entry of a decree of guardianship pursuant to this section shall terminate the
award of custody to the department and the involvement
of the department with the child and the
child's parents. The court may revoke a
guardianship awarded pursuant to this section if the court
finds after hearing on a motion for revocation
that continuation of said guardianship is not in the
best interests of the child.
(g) Notice
of any hearing on such motion shall be provided by the moving party to the
department of children, youth and families, the
court appointed special advocate, the parent or
guardian and any and all other interested parties.
SECTION 24.
Sections 40-13.2-4.1, 40-13.2-5 and 40-13.2-5.1 of the General Laws in
Chapter 40-13.2 entitled "Certification of
Child Care and Youth Serving Agency Workers" are
hereby amended to read as follows:
40-13.2-4.1.
Criminal records check -- Operators of youth serving agencies. – (a)
Any person seeking to operate a facility or
program which is a youth serving agency shall apply
to the bureau of criminal identification of the
attorney general's office for a criminal records
check. Those items of information appearing on a
criminal records check which have been
determined to constitute disqualifying
information by the director pursuant to section 40-13.2-4
of this chapter shall also constitute items of
disqualifying information pursuant to this section.
(b) Upon
the discovery of any disqualifying information as defined in accordance with
the rule promulgated by the director, the bureau
of criminal identification of the attorney general's
office will inform the applicant in writing of
the nature of the disqualifying information. In
addition, the bureau of criminal identification
of the attorney general's office will inform the
applicant in writing, without disclosing the
nature of the disqualifying information, that an item of
disqualifying information has been discovered.
(c) In
those situations in which no disqualifying information has been found, the
bureau
of criminal identification of the attorney
general's office will inform the applicant in writing of
this fact.
(d) The
operator or proposed operator of the youth serving agency will maintain on file
a
document issued by the bureau of criminal
identification of the attorney general's office stating
that no disqualifying information has been
discovered as regards the operator or proposed
operator of the youth serving agency and this
document shall be made available for inspection by
the parent(s)/guardian(s) of any child enrolled
in the programs of the youth serving agency. The
operator will also maintain on file, and make
available for inspection by the parent(s)/guardian(s)
of any child enrolled in the programs of the
youth serving agency, evidence that criminal records
checks have been obtained on all employees of
the youth serving agency pursuant to section 40-
13.2-5.1, and the results of the checks.
40-13.2-5.
Criminal records check -- Employee of child care facilities which must be
licensed by the department. – (a) Any person
seeking employment, if that employment involves
supervisory or disciplinary power over a child
or children or involves routine contact with a child
or children without the presence of other
employees, in any facility which is, or is required to be,
licensed or registered with the department or
seeking that employment at the training school for
youth shall, after acceptance by the employer of
the affidavit required by section 40-13.2-3, apply
to the bureau of criminal identification of the
state police or the local police department for a
nationwide criminal records check. The check
will conform to applicable federal standards
including the taking of fingerprints to identify
the applicant.
(b) Upon
the discovery of any disqualifying information as defined in accordance with
the rule promulgated by the director, the bureau
of criminal identification of the state police or the
local police department will inform the
applicant in writing of the nature of the disqualifying
information. In addition, the bureau of criminal
identification of the state police or the local
police department will inform the relevant
employer in writing, without disclosing the nature of
the disqualifying information, that an item of
disqualifying information has been discovered.
(c) In
those situations in which no disqualifying information has been found, the
bureau
of criminal identification of the state police
or the local police department will inform both the
applicant and the employer in writing of this
fact.
(d) The employer
will maintain on file, subject to inspection by the department, evidence
that criminal records checks have been initiated
on all employees seeking employment after
August 1, 1985, and the results of the checks.
(e) Failure
to maintain that evidence on file will be prima facie grounds to revoke the
license or registration of the operator of the
facility.
(f) It will
be the responsibility of the bureau of criminal identification of the state
police
or the local police department to conduct the
nationwide criminal records check pursuant to this
section. The nationwide criminal records check
will be provided to the applicant for employment
without charge.
40-13.2-5.1.
Criminal records check -- Employee of youth serving agency. – (a)
Any
person seeking employment, if that employment
involves supervisory or disciplinary power over
a child or children or involves routine contact
with a child or children without the presence of
other employees, in any facility or program
which is a youth serving agency shall file with the
employer the affidavit required by section
40-13.2-3. Said affidavit shall be maintained on file by
the employer and shall be made available for
inspection by the parent(s)/guardian(s) of any child
who is enrolled in the programs of the youth
serving agency.
(b) Any
person seeking employment, if that employment involves supervisory or
disciplinary authority over a child or children
or involves routine contact with a child or children
without the presence of other employees, in any
youth serving agency, shall apply to the bureau
of criminal identification of the attorney
general's office for a criminal records check.
(c) Those
items of information appearing on a criminal records check which have been
determined to constitute disqualifying
information by the director pursuant to section 40-13.2-4
of this chapter shall also be items of
disqualifying information pursuant to this section.
(d) Upon
the discovery of any disqualifying information as defined in accordance with
the rule promulgated by the director, the bureau
of criminal identification of the attorney general's
office will inform the applicant in writing of
the nature of the disqualifying information. In
addition, the bureau of criminal identification
of the attorney general's office will inform the
applicant in writing, without disclosing the
nature of the disqualifying information, that an item of
disqualifying information has been discovered.
(e) In
those situations in which no disqualifying information has been found, the
bureau
of criminal identification of the attorney
general's office will inform both the applicant and the
employer in writing of this fact. The employer
will maintain on file, and make available for
inspection by the parent(s)/guardian(s) of any
child enrolled in the programs of the youth serving
agency, evidence that criminal records checks
have been obtained on all employees of the youth
serving agency pursuant to section 40-13.2-5.1,
and the results of the checks. The criminal
records checks will be provided to the applicant
for employment without charge.
SECTION 25.
Section 40-17-5 of the General Laws in Chapter 40-17 entitled "Support of
Homeless" is hereby amended to read as
follows:
40-17-5.
Commission established. -- (a) There is hereby created a permanent
legislative
commission to be called the "commission on
the homeless" consisting of twenty (20) members:
(1) two (2)
of whom shall be from the house of representatives, not more than one from
the same political party to be appointed by the
speaker, of whom two (2) may be members of the
general public appointed in lieu of legislative
appointments;
(2) two (2)
of whom shall be from the senate, not more than one from the same political
party to be appointed by the president of the
senate, of whom two (2) may be members of the
general public appointed in lieu of legislative
appointments;
(3) one of
whom shall be representative of the general public to be appointed by the
governor;
(4) one of
whom shall be the director of the department of health or his or her designee;
(5) one of
whom shall be the director of the department of human services or his or her
designee;
(6) one of
whom shall be the director of mental health, retardation, and hospitals or his
or
her designee;
(7) one of
whom shall be the director of children, youth, and families or his or her
designee;
(8) one of whom
shall be the director of the Rhode Island housing and mortgage finance
corporation or his or her designee;
(9) one of
whom shall be the mayor of the city of Providence, or his or her designee;
(10) one of
whom shall be the mayor of Warwick or his or her designee;
(11) one of
whom shall be the mayor of Woonsocket or his or her designee;
(12) one of
whom shall be the mayor of Newport or his or her designee;
(13) two
(2) of whom shall be representatives of shelters for the homeless located in
the
state to be appointed by the lieutenant
governor;
(14) one of
whom shall be the director of the Providence office of the United States
department of housing and urban development, or
his or her designee;
(15) one of
whom shall be the executive director of the association of community mental
health centers or his or her designee;
(16) one of
whom shall be the executive director of the council on domestic violence or
his or her designee;
(17) one of
whom shall be the chairperson of the emergency food and shelter board or his
or her designee and whose purpose it shall be to
identify the extent of the homeless problem in
the state to evaluate programs for the homeless
developed by state and local governments and the
Providence mental health center;
to study and make
findings concerning homeless individuals and families in the state of
Rhode Island and to make recommendations to the
governor and general assembly concerning
legislation and programs to assist the homeless.
(b) Forthwith
upon the passage of this chapter, the members of the commission shall
meet at the call of the governor and organize
and shall select from among the members a
chairperson. Vacancies in the commission shall
be filled in like manner as the original
appointment.
(c) The
membership of the commission shall receive no compensation for their services
but shall be allowed their travel and necessary
expenses. The commission may engage such
clerical, technical, and other assistance as it
may deem necessary, and spend such other funds as
is necessary to accomplish its purpose.
(d) The
department of human services is hereby directed to provide suitable quarters
and
staff for the commission.
(e) All
departments and agencies of the state shall furnish such advice and
information,
documentary, and otherwise to the commission and
its agents as is deemed necessary or desirable
by the commission to facilitate the purposes of
this chapter.
SECTION 26.
Section 40-18-4 of the General Laws in Chapter 40-18 entitled "Long
Term Home Health Care-Alternative to Placement
in a Skilled Nursing or Intermediate Care
Facility" is hereby amended to read as
follows:
40-18-4.
Payment for long term home health care programs. -- (a) When a long
term
home health care program as defined under this
chapter is available, the department of human
services, before authorizing care in a nursing
home or intermediate care facility for a person
eligible to receive services under this title,
shall notify the person in writing of the provisions of
this chapter.
(b)(1) If
a hospitalized person eligible to receive services under the provisions of this
title who requires care, treatment, maintenance,
nursing, or other services in a nursing home
desires to return to his or her own home or the
home of a responsible relative or other responsible
adult if the necessary services are provided,
that person or his or her representative shall so
inform the department of human services.
(2) If a
home health care program as defined under this chapter is provided, the
department of human services shall authorize an
assessment and if the results of the assessment
indicate that the person can receive the
appropriate level of care at home, the official shall prepare
for that person a plan for the provision of
services comparable to those that would be rendered in
a nursing home. In developing the plan, the department
shall consult with those persons
performing the assessment. The services shall be
provided by certified home health agencies,
home health aide/homemaker agencies, and adult
day care centers.
(3)(i) At
the time of the initial assessment, and at the time of each subsequent
assessment,
the official shall establish a monthly budget in
accordance with which he or she shall authorize
payment for the services provided under the
plan. Total monthly expenditures made under this
title for that person shall not exceed a maximum
of one hundred percent (100%), of the average
of the monthly rates payable for skilled
nursing/intermediate care facility service as provided for
in the department of human services.
(ii)
Principles of reimbursement for skilled nursing/intermediate care facility
services
provided eligible receipts of the medical
assistance program. If an assessment of the person's
needs demonstrates that he or she requires
services the payment for which would exceed the
monthly maximum, but it can be reasonably
anticipated that total expenditures for required
services for that person will not exceed the
maximum calculated over a one year period, the
department of human services may authorize
payment for those services.
(c)
Notwithstanding any inconsistent provision of law but subject to expenditure
limitations of this chapter, the director
subject to the approval of the state director of the budget,
may authorize the utilization of medical assistance
funds to pay for services provided by specified
home health care persons in addition to those
services included in the medical assistance program
under chapter 18 of this title, so long as
federal financial participation is available for those
services. Expenditures made under this
subdivision shall be deemed payments for medical
assistance for needy persons.
(d) The
department shall not make payments pursuant to title XIX of the federal Social
Security Act, 42 U.S.C. section 1396 et seq.,
for benefits available under title XVIII, 42 U.S.C.
section 1395 et seq., of such act without
documentation that title XVIII claims have been filed
and denied.
(e) The
department shall not make payment for a person receiving a long term home
health care program while payments are being
made for that person for inpatient care in a skilled
nursing and intermediate care facility or
hospital.
SECTION 27.
Section 40.1-1-12 of the General Laws in Chapter 40.1-1 entitled
"Department of Mental Health, Retardation,
and Hospitals" is hereby amended to read as follows:
40.1-1-12.
Permanent legislative oversight commission. – (a) There is
hereby created a
permanent legislative commission entitled
"permanent legislative oversight commission on
substance abuse treatment" the purpose of
which shall be to oversee the implementation and
administration of all money and programs in
substance abuse treatment in the state and to report
to the general assembly with advice and recommendations
as to the adequacy, efficacy and
efficiency of all statutes, rules, regulations,
guidelines, practices, and programs relating to
substance abuse treatment and such other related
matters as it deems appropriate.
(b) The
commission shall consist of ten (10) members; five (5) members shall be
appointed by the speaker of the house of
representatives from among the members of the house of
representatives, not more than four (4) of whom
shall be from the same political party; three (3)
members shall be appointed by the president of
the senate from among the members of the senate,
not more than two (2) of whom shall be from the
same political party, and one member (ex
officio) shall be the director of MHRH or his or
her designee, and one member shall be the
director of the department of health in the
executive department or his or her designee. The
chairperson of the commission shall be appointed
by the speaker of the house of representatives.
Members of the commission shall serve without
compensation, except that they shall be allowed
their actual and necessary expenses incurred in
the performance of their duties under this section.
(c) The
commission may request and shall receive from any instrumentality of the state,
including the division of substance abuse of the
department of mental health, retardation, and
hospitals, the department of health in the
executive department, department for children, youth,
and families, department of human services and
other departments as the commission sees fit and
from any municipality or any instrumentality
thereof, such information and assistance as it deems
necessary for the proper execution of its powers
and duties under this section.
(d) The
commission shall meet at least quarterly and shall report at least annually to
the
general assembly on its findings and
recommendations with respect to:
(1) All existing
substance abuse treatment programs; and
(2) Any matters
relating to substance abuse treatment efforts in the state.
SECTION 28.
Section 40.1-5-2 of the General Laws in Chapter 40.1-5 entitled "Mental
Health Law" is hereby amended to read as
follows:
40.1-5-2.
Definitions. -- Whenever used in this chapter, or in any order, rule,
or
regulation made or promulgated pursuant to this
chapter, or in any printed forms prepared by the
department or the director, unless otherwise
expressly stated, or unless the context or subject
matter otherwise requires:
(1)
"Alternatives to admission or certification" means alternatives to a
particular facility
or treatment program, and shall include, but not
be limited to, voluntary or court-ordered
outpatient treatment, day treatment in a
hospital, night treatment in a hospital, placement in the
custody of a friend or relative, placement in a
nursing home, referral to a community mental
health clinic and home health aide services, or
any other services that may be deemed
appropriate.
(2) "Care
and treatment" means psychiatric care, together with such medical,
nursing,
psychological, social, rehabilitative, and
maintenance services as may be required by a patient in
association with the psychiatric care provided
pursuant to an individualized treatment plan
recorded in the patient's medical record.
(3)
"Department" means the state department of mental health,
retardation, and hospitals.
(4)
"Director" means the director of the state department of mental
health, retardation,
and hospitals.
(5) "Facility"
means a state hospital or psychiatric inpatient facility in the department, a
psychiatric inpatient facility maintained by a
political subdivision of the state for the care and/or
treatment of the mentally disabled, a general or
specialized hospital maintaining staff and
facilities for such purpose, any of the several
community mental health services established
pursuant to chapter 8.5 of this title, and any
other facility within the state providing inpatient
psychiatric care and/or treatment and approved
by the director upon application of this facility.
Included within this definition shall be all
hospitals, institutions, facilities, and services under the
control and direction of the director and the
department, as provided in this chapter. Nothing
contained herein shall be construed to amend or
repeal any of the provisions of chapter 16 of title
23.
(6)
"Indigent person" means a person who has not sufficient property or
income to
support himself or herself, and to support the
members of his or her family dependent upon him
or her for support, and/or is unable to pay the
fees and costs incurred pursuant to any legal
proceedings conducted under the provisions of
this chapter.
(7) (i)
"Likelihood of serious harm" means:
(A)(i)
A substantial risk of physical harm to the person himself or herself as
manifested
by behavior evidencing serious threats of, or
attempts at, suicide,
(B)(ii)
A substantial risk of physical harm to other persons as manifested by behavior
or
threats evidencing homicidal or other violent
behavior, or
(C)(iii)
A substantial risk of physical harm to the mentally disabled person as
manifested
by behavior which has created a grave, clear,
and present risk to his or her physical health and
safety.
(ii)(iv)
In determining whether there exists a likelihood of serious harm the physician
and the court may consider previous acts,
diagnosis, words or thoughts of the patient. If a patient
has been incarcerated, or institutionalized, or
in a controlled environment of any kind, the court
may give great weight to such prior acts,
diagnosis, words, or thoughts.
(8) "Mental
disability" means a mental disorder in which the capacity of a person to
exercise self control or judgment in the conduct
of his or her affairs and social relations, or to care
for his or her own personal needs, is
significantly impaired.
(9) "Mental
health professional" means a psychiatrist, psychologist, or social worker
and
such other persons, including psychiatric nurse
clinicians, as may be defined by rules and
regulations promulgated by the director.
(10)
"Patient" means a person certified or admitted to a facility
according to the
provisions of this chapter.
(11)
"Physician" means a person duly licensed to practice medicine or
osteopathy in this
state.
(12)
"Psychiatric nurse clinician" means a licensed professional
registered nurse with a
master's degree in psychiatric nursing or
related field who is currently working in the mental
health field as defined by the American nurses
association.
(13)
"Psychiatrist" means a person duly licensed to practice medicine or
osteopathy in
this state who has in addition completed three
(3) years of graduate psychiatric training in a
program approved by the American medical
association or American osteopathic association.
(14)
"Psychologist" means a person certified pursuant to chapter 44 of
title 5.
(15) "Social
worker" means a person with a masters or further advanced degree from a
school of social work which is accredited by the
council of social work education.
SECTION 29.
Section 40.1-8-1 of the General Laws in Chapter 40.1-8 entitled
"Governor's Committee on Mental
Retardation" is hereby amended to read as follows:
40.1-8-1.
Creation -- Members. – (a) There is hereby created a fourteen
(14) member
permanent committee to be known as the
"Governor's Committee on Mental Retardation,"
hereinafter referred to as the committee;
(1) six (6)
of whom shall be representatives of non-governmental organizations or groups
concerned with education, employment,
rehabilitation, welfare, and health, to be appointed by the
governor;
(2) six (6)
of whom shall be representatives of consumers who are mentally retarded;
,of
this group, three (3) of whom shall be selected from
a list of nominees submitted by the RI ARC,
to be appointed by the governor;
(3) one of
whom shall be from the house of representatives to be appointed by the
speaker; and
(4) one of
whom shall be from the senate to be appointed by the president of the senate.
(b) The
assistant director for developmental disabilities within the department of
mental
health, retardation, and hospitals shall serve
as an ex officio member but shall not be eligible to
vote.
(c) No
employee of any state agency or institution engaged in the care or training of
persons who are mentally retarded shall be
eligible for appointment to the committee.
SECTION 30.
Section 40.1-21-4 of the General Laws in Chapter 40.1-21 entitled
"Division of Developmental
Disabilities" is hereby amended to read as follows:
40.1-21-4.
Powers and duties of director of mental health, retardation and hospitals.
– (a) The director of mental health,
retardation, and hospitals shall be responsible for planning
and developing a complete, comprehensive, and
integrated statewide program for the
developmentally disabled for the implementation
of the program; and for the coordination of the
efforts of the department of mental health,
retardation, and hospitals with those of other state
departments and agencies, municipal governments
as well as the federal government and private
agencies concerned with and providing services
for the developmentally disabled.
(b) The
director shall be responsible for the administration and operation of all state
operated community and residential facilities
established for the diagnosis, care, and training of
the developmentally disabled. The director shall
be responsible for establishing standards in
conformance with generally accepted professional
thought and for providing technical assistance
to all state supported and licensed
habilitative, developmental, residential and other facilities for
the developmentally disabled, and exercise the
requisite surveillance and inspection to insure
compliance with standards. Provided, however,
that none of the foregoing shall be applicable to
any of the facilities wholly within the control
of any other department of state government.
(c) The
director of mental health, retardation, and hospitals shall stimulate research
by
public and private agencies, institutions of
higher learning, and hospitals, in the interest of the
elimination and amelioration of developmental
disabilities, and care and training of the
developmentally disabled.
(d) The
director shall be responsible for the development of criteria as to the
eligibility
for admittance of any developmentally disabled
person for residential care in any department
supported and licensed residential facility or
agency.
(e) The
director of mental health, retardation, and hospitals may transfer retarded
persons
from one state residential facility to another
when deemed necessary or desirable for their better
care and welfare.
(f) The
director of mental health, retardation, and hospitals shall make grants-in aid
and
otherwise provide financial assistance to the
various communities and private nonprofit agencies,
in amounts which will enable all developmentally
disabled adults to receive developmental and
other services appropriate to their individual
needs.
(g) The
director shall coordinate all planning for the construction of facilities for
the
developmentally disabled, and the expenditure of
funds appropriated or otherwise made available
to the state for this purpose.
SECTION 31.
Section 40.1-24-7 of the General Laws in Chapter 40.1-24 entitled
"Licensing of Facilities and Programs for
People who are Mentally Ill and/or Developmentally
Disabled" is hereby amended to read as
follows:
40.1-24-7.
Denial, suspension, or revocation of license. – (a) The
department, after
notice and opportunity for a hearing to the
applicant or licensee, is authorized to deny, suspend,
or revoke a license in any case in which it
finds that there has been failure to comply with the
requirements established under this chapter. The
notice shall be effected by registered or certified
mail or by personal service, setting forth the
particular reasons for the proposed action and fixing
a date not less than thirty (30) days from the
date of the mailing or service, at which the applicant
or licensee shall be given an opportunity for a
prompt and fair hearing.
(b) On the
basis of any hearing, or upon default of the applicant or licensee, the
department shall make a determination specifying
its findings of fact and conclusions of law. A
copy of the determination shall be sent by
registered or certified mail or served personally upon
the applicant or licensee. The decision denying,
suspending, or revoking the license or application
shall become final thirty (30) days after it is so
mailed or served, unless the applicant or licensee,
within the thirty day period, appeals the
decision to the superior court, pursuant to section 40.1-
24-8. The procedure governing hearings
authorized by this section shall be in accordance with
rules promulgated by the department.
(c) A full
and complete record shall be kept of all proceedings, and all testimony shall
be
reported but need not be transcribed unless the
decision is appealed pursuant to section 40.1-24-8.
A copy or copies of the transcript may be
obtained by any interested party on payment of the cost
of preparing the copy or copies. Witnesses may
be subpoenaed by either party.
SECTION 32.
Section 40.1-27-2 of the General Laws in Chapter 40.1-27 entitled
"Penalties for Abuse of Persons with
Developmental Disabilities" is hereby amended to read as
follows:
40.1-27-2.
Duty to report. – (a) Any person within the scope of their
employment at a
program or in their professional capacity who
has knowledge of or reasonable cause to believe
that a participant in a program has been abused,
mistreated or neglected shall make, within
twenty-four (24) hours or by the end of the next
business day, a written report to the director of
the department of mental health, retardation, and
hospitals or his or her designee. The report shall
contain:
(1) The name,
address, telephone number, occupation, and employer's address and the
phone number of the person reporting;
(2) The name and
address of the participant who is believed to be the victim of the
abuse, mistreatment, or neglect;
(3) The details,
observations, and beliefs concerning the incident(s);
(4) Any
statements regarding the incident made by the participant and to whom they
were made;
(5) The date,
time, and place of the incident;
(6) The name of
any individual(s) believed to have knowledge of the incident; and
(7) The name of
any individual(s) believed to have been responsible for the incident.
(b) In addition to
those persons required to report pursuant to this section, any other
person may make a report if that person has
reasonable cause to believe that a participant has
been abused, mistreated, or neglected.
SECTION 33.
Section 40.1-29-3 of the General Laws in Chapter 40.1-29 entitled
"Governor's Council on Behavioral
Health" is hereby amended to read as follows:
40.1-29-3.
Members. -- (a) The council shall consist of twenty-six (26) members.
(1) There
shall be four (4) members of the legislature, two (2) shall be from the senate
and shall be appointed by the lieutenant
governor to serve for their legislative term, one from
each of the major political parties, and two (2)
shall be from the house of representatives and shall
be appointed by the speaker to serve for their
legislative term, one from each of the two (2) major
political parties.
(2) The
nonlegislative members shall be the executive director of the drug and alcohol
treatment association, the executive director of
the council of community mental health
organizations, the mental health advocate, and a
representative of the AFL-CIO to be appointed
by the governor.
(3) The
remaining eighteen (18) public members shall be appointed by and serve at the
pleasure of the governor and shall represent
such community interests as substance abuse
treatment and prevention professionals,
consumers of substance abuse programs and their
families, mental health treatment professionals,
adult and elderly consumers of mental health
services and their families, families of
children who are consumers of mental health and
substance abuse services, the judiciary,
criminal justice officials and local government officials.
(4) Not
less than fifty (50%) percent of the public members shall be individuals who
are
not state employees or providers of behavioral
health services.
(5) There
shall be sufficient representation by the families of children who are
consumers
of mental health and substance abuse services in
order to ensure adequate representation of such
children.
(6) Every
effort shall be made to ensure that appointed members represent the cultural
diversity of the state.
(7) All
members shall have demonstrable expertise in, or experience with substance
abuse or mental health services in Rhode Island.
In addition, the directors or their designees of the
departments of children, youth and families;
corrections; education; health; human services;
elderly affairs and mental health, retardation
and hospitals; the attorney general or designee and
the executive director of the governor's justice
commission shall serve as ex officio and without a
vote as members of the council.
(b) Any vacancy
which may occur in the council shall be filled in the same manner as
the original appointments.
(c) The governor
shall designate one member as the chairperson of the council.
SECTION 34.
Section 41-2-5 of the General Laws in Chapter 41-2 entitled "Racing and
Athletic Hearing Board" is hereby amended to
read as follows:
41-2-5.
Subpoena powers of board -- Rules and regulations. – (a) The
members of the
racing and athletics hearing board are hereby
severally authorized and empowered to administer
oaths; and the board, in all cases of every
nature pending before it, is hereby authorized and
empowered to summon and examine witnesses and to
compel the production and examination of
papers, books, accounts, documents, records,
certificates, and other legal evidence that may be
necessary or proper for the determination and
decision of any question before or the discharge of
any duty required by law of the board.
(b) All
subpoenas and subpoenas duces tecum shall be signed by the chairperson or, in
the absence or disqualification of the chairperson,
by any other member thereof, and shall be
served as subpoenas are now served in civil
cases in the superior court; and witnesses so
subpoenaed shall be entitled to the same fees
for attendance and travel as are now provided for
witnesses in civil cases in the superior court.
If any person fails to obey the command of any
subpoena, without reasonable cause, or if a
person in attendance before the board shall, without
reasonable cause, refuse to be sworn, or to be examined,
or to answer a legal and pertinent
question, the board may apply to any justice of
the superior court, upon proof by affidavit of the
fact, for a rule or order returnable in not less
than two (2) or more than five (5) days, directing the
person to show cause why he or she should not be
adjudged in contempt.
(c) Upon
the return of an order, the justice before whom the matter is brought for a
hearing shall examine under oath the person and
the person shall be given an opportunity to be
heard, and if the justice shall determine that
the person has refused without reasonable cause or
legal excuse to be examined, or to answer a
legal and pertinent question, or to produce books,
accounts, papers, records, and documents,
material to the issue, which he or she was ordered to
bring or produce, he or she may forthwith commit
the person to the adult correctional institutions,
there to remain until he or she submits to do
the act which he was so required to do, or is
discharged according to law.
(d) The
board shall have power to adopt reasonable rules and regulations governing the
procedure to be followed in any matter that may
come before it for hearing.
SECTION 35.
Section 41-3-4 of the General Laws in Chapter 41-3 entitled "Horse
Racing" is hereby amended to read as
follows:
41-3-4.
Application for license -- Action by division. – (a) Any person,
association, or
corporation desiring to conduct horse racing
within this state shall apply to the division of racing
and athletics for a license on forms provided by
the division. The application shall specify the
days on which horse racing is to be conducted,
the location of the horse racing, and such other
information as may be required by the division.
(b) The
division may also require any person, association, or corporation to give
information as to financial standing and credit.
The division shall have the right to reject any
applications for a license for any cause which
it may deem sufficient, and the action of the
division both as to the license and the date or
award shall be final, subject to the right of appeal
provided by chapter 2 of this title.
(c) The
division shall, as far as practicable, avoid conflicts in the dates assigned or
awarded for horse racing in the state.
SECTION 36.
Section 41-4-4.1 of the General Laws in Chapter 41-4 entitled "Mutuel
Betting and License Fees" is hereby amended
to read as follows:
41-4-4.1.
Support of racing division activities -- Tax. -- (a) Notwithstanding
the
provisions of section 41-4-3 or section 41-3.1-6
each licensee conducting racing events under the
pari-mutuel system shall collect an additional
five percent (5%) of all money wagered on the
multiple pools at racing tracks. Multiple pools
shall be defined as all forms of wagering other
than win, place, and show. This five percent
(5%) tax shall be over and above the schedule of
taxes as set forth in section 41-4-3, and shall
be distributed as follows:
(1) One and one
half percent (1.5%) shall be paid to the department of business
regulation and these proceeds shall be deposited
as general revenue.
(2) Effective
January 1, 1990, one One half of one percent (.5%) shall be paid to
owners
of dog kennels who are under contract with a
licensee who shall distribute funds to the owners of
dog kennels in a manner consistent with the
generally accepted distribution of dog kennel owners'
purses subject to an annual audit by the auditor
general or his or her designee.
(3) One and one
half percent (1.5%) shall be paid to the licensee provided that there is at
least three hundred forty (340) scheduled
performances during the calendar year.
(4) One and one
half percent (1.5%) shall be paid to the state and revert to the general
fund.
(b)
Notwithstanding the provisions of section 41-3.1-6 each licensee conducting
racing
events under the pari-mutuel system shall
collect an additional four percent (4%) of all moneys
wagered on so called straight (win, place, or
show) wagering. This four percent (4%) tax shall be
over and above the schedule of taxes as set
forth in section 41-3.1-6, and shall be distributed as
follows:
(1) One percent
(1%) shall be paid to the town of Lincoln; and
(2) One percent
(1%) shall be paid to owners of dog kennels who are under contract with
a licensee who shall distribute funds to the
owners of dog kennels in a manner consistent with the
generally accepted distribution of dog kennel
owners' purses subject to an annual audit by the
auditor general or his or her designee.
(3) Two percent
(2%) shall be paid to the state and revert to the general fund.
SECTION 37.
Sections 41-5-3.6 and 41-5-11 of the General Laws in Chapter 41-5
entitled "Boxing and Wrestling" are
hereby amended to read as follows:
41-5-3.6.
Substitutions. – (a) No substitution of boxers may be made
within twenty-three
(23) hours of the starting time for the first
event in the boxing or sparring match or exhibition. If
one or more of the boxers listed on the
licensee's application fails to appear for his or her
examination in the office of the division of
racing and athletics as prescribed in section 41-5-11,
or to enter the ring and perform, and
substitution is not permitted under this section or any other
section of this chapter, the contest or contests
in which the boxer or boxers were to appear shall
be cancelled and notice of the cancellation
shall be made to the public at the earliest practicable
time.
(b) Any
person who paid an admission fee prior to the making of the notice shall, at
his
or her election, be entitled to an immediate
refund of the admission fee unless the principal draw
in the match or exhibition appeared and
performed prior to the making of the notice.
41-5-11.
Physician and first aid instructor or licensed practical nurse in attendance
-- Examination of participants before match. – (a) At any
boxing or sparring match or
exhibition there shall be in attendance, at
ringside, a duly licensed physician, whose duty it shall
be to observe the physical condition of the
boxers and to advise the referee or judges with regard
thereto, and a duly licensed first aid
instructor, or licensed practical nurse whose duty it shall be
to assist the physician and to render such aid
to boxers as circumstances may require. Any
competent physician who has had not less than
three (3) years' experience as a medical
practitioner may be licensed. Any person holding
a valid certification as a first aid instructor
issued by any state chapter of the American red
cross association and who is competent as such
may be licensed.
(b) The fee
for the physician in attendance and the first aid instructor in attendance, shall
be fixed by the division of racing and
athletics, and shall be paid by the licensee conducting the
match or exhibition. The fees shall be tendered
to the division at the time the license for the
match or exhibition is issued under section
41-5-1, to be held by the division in escrow until the
services are rendered.
(c) No
boxer shall be permitted to box unless, not more than three (3) hours before, a
physician, licensed under this chapter, shall
certify in writing that the boxer is physically fit to
engage in the proposed contest. The
certification shall be based in part on an examination of the
boxer by a duly licensed physician in the office
of the division on the morning of the match or
exhibition or at least six (6) hours before the
boxer is scheduled to enter the ring, whichever is
earlier. The physician's fee, as fixed by the
division, shall be paid by the licensee conducting the
match or exhibition prior to the issuance of the
certification by the physician. In the event that a
boxer cannot be certified as physically fit to
engage in the proposed contest, then such fact shall
be made known to the public prior to the
acceptance of an admission fee or the tender of an
admission ticket for the match or exhibition.
Any person who pays an admission fee prior to the
disclosure that the boxer is not certified as
physically fit shall, at his or her election, be entitled to
an immediate refund of the admission fee. The
examinations required by this section shall include
an examination of the boxer's vision and eye
condition.
SECTION 38.
Sections 41-9-1 and 41-9-4 of the General Laws in Chapter 41-9 entitled
"Establishment and Extension of Gambling
Activities and Other Facilities" are hereby amended
to read as follows:
41-9-1.
"Gambling" and "gambling facilities" defined. – (a)
As used in this chapter,
the term "gambling" shall include but
not be limited to horseracing, dog racing, and jai alai;
however, casino gaming shall be governed by the provisions
of chapter 9.1 of title 41. The term
"gambling facility" as used in this
chapter means a building or enclosure in which any gambling
activity including but not limited to the
foregoing is played or conducted.
(b) The
term "gambling facility" shall also include any building, enclosure
or other
improvement designed, constructed, or used in
connection with an overall plan or project
involving the establishment of any gambling
activity; provided, however, that this sentence shall
not apply to any gambling facility licensed
prior to [July 3, 1998].
41-9-4. Town
and state election on establishment of facility. -- (a) Before a
gambling
facility shall be established in any town or
city, the town council of the town or the city council of
the city shall comply with the following
procedure. Upon receipt of a resolution from the town
council of the town or the city council of the
city, for a referendum to establish a gambling
facility and/or activity, the general assembly
shall determine, by passage of an act, whether to
allow a referendum on the establishment of the
gambling facility and/or activity.
Upon passage of
an act to allow a referendum for the establishment of the gambling
facility and/or activity, the town council of
the town or the city council of the city shall pose, by
adopting a resolution to be placed on the ballot
at the next general election to be submitted to the
qualified electors of the town or city and to
the qualified electors of the state, the following
question: "Shall a gambling facility and/or
activity be established in the town (or city) of
__________________?"
(b) The question
shall be submitted by the local board of canvassers to the electors of the
town or city where the facility or activity is
to be located, and the results of the election shall be
certified to the secretary of state.
(c) The question
shall be submitted by the secretary of state to the qualified electors of
the state at the same general election and the
secretary of state shall certify the election results.
(d) The
affirmative vote of the subject town or city and the electors of the state
shall be
necessary for the approval of the question, and
if consent be thus given, all rules and regulations
shall be promulgated in accordance with the
authority conferred upon the general assembly in R.I.
Const., Art. VI, Sec. XV.
(e) The
question of the establishment of a harness racing facility in the town of
Burrillville shall be submitted to the electors of
the state and the town at the November, 1990
general election.
SECTION 39.
Sections 42-64-13.1 and 42-64-28 of the General Laws in Chapter 42-64
entitled "Rhode Island Economic Development
Corporation" are hereby amended to read as
follows:
42-64-13.1.
Assistance to urban communities for economic revitalization. -- (a) The
corporation shall, in furtherance of its
responsibility to assist urban communities, provide for the
establishment of an urban enterprise equity
fund, the establishment of an urban business
incubator, and such other programs and
activities as the corporation may deem appropriate to
assist with urban revitalization.
(b) For purposes
of this section, the following words and terms shall have the following
meanings:
(1) The
"Fund" shall mean a revolving loan fund used to provide equity to
assist start-up
and existing businesses in securing resources
from lenders including but not limited to private
sector lending institutions, and federal and
non-federal public sector lenders.
(2)
"Equity" shall mean cash or cash equivalents, through personal or
other assets that
are either pledged to or become part of a small
business venture. Equity constitutes resources that
are considered part of the balance sheet of the
small business.
(3) "Equity
Financing" shall be a loan from an institution, bank, non-bank or any
other
resource, by which terms and conditions are
established for repayment of the debt. For the
purposes of this legislation, "Equity
Financing" shall be deeply subordinated on the balance sheet
of the business, and by this deep subordination
is converted to equity on the balance sheet.
"Equity Financing" by virtue of its
subordination shall be the last loan to be paid out of the cash
flow of the business.
(4) "Small
business" shall mean any corporation, partnership, sole proprietorship, or
other business entity qualifying as
"small" under the standards contained in 13 CFR section 121.
(5)
"Urban" shall mean any community which exceeds two thousand (2000)
persons per
square mile as established by the most recent
federal census.
(c) Establishment
of an Urban Enterprise Equity Fund.
(1) In order to
provide "Equity Financing", commonly referred to as either
"Equity" or
"Equity Debt", to assist small
businesses finance investments, the general assembly establishes
the urban enterprise fund.
This fund will be
located at and administered by the economic development corporation,
referred to as the corporation, hereinafter for
the purposes of providing equity financing to assist
small businesses in obtaining additional
resources for capital investments. Seventy-five percent
(75%) of the fund financing shall be targeted to
urban small businesses located in enterprise
zones established pursuant to chapter 64.3 of
title 42. The corporation shall be responsible for the
establishment of "the urban enterprise
fund" and for the adoption of rules and standards and
guidelines, eligibility qualifications, and
performance measures for the fund. Such rules shall
limit the amount of equity financing from the
fund in any small business to an amount not to
exceed one hundred thousand ($100,000) dollars
and shall provide, inter alia that the corporation
be allowed to take stock, stock options, stock
warrants, equity or other ownership interests in the
small business to which it is providing such
Equity Financing.
(2) Nothing
herein provided with regard to equity and Equity Financing shall be deemed
to prevent or restrict the corporation or other
private lenders form from providing additional
financing to the small business under
traditional methods, conventional financing with or without
credit enhancements for the purposes of
fulfilling the necessary instruments to finance the small
business.
(3) In the
implementation of the provisions of this paragraph, the corporation is
encouraged to utilize credit enhancements such
as the US Small Business Administration's (SBA)
Guaranteed Loan Program in conjunction with
SBA's participating lenders to make the small
business financing transactions in the best
interest of the Small Business.
(4) The
corporation will annually report the status and performance of the Urban
Enterprise Equity Fund to the General Assembly
on or before the first Tuesday of November.
(d) Establishment
of an Urban Business Incubator. - There is hereby authorized,
established, and created an urban business
incubator to be located in an enterprise zone, as
defined in chapter 64.3 of this title. The
incubator shall be designed to foster the growth of
businesses through a multi-tenant, mixed-use
facility serving companies in a variety of industries
including, but not limited to: services, distribution,
light manufacturing, or technology-based
businesses. The incubator shall provide a range
of services designed to assist these new
businesses, including, but not limited to:
flexible leases, shared office equipment, use of common
areas such as conference rooms, and will provide
(directly or indirectly) easily accessible
business management, training, financial, legal,
accounting, and marketing services.
The incubator
shall be established as a non-business corporation, and shall have tax
exempt status under U.S. Internal Revenue Code
section 501(c)(3), 26 U.S.C. section 501(c)(3),
and shall have an independent board of
directors. The board of directors, in consultation with the
corporations, shall adopt guidelines and
performance measures for the purposes of operating and
monitoring the incubator.
(e) The general
assembly shall annually appropriate the sums it deems necessary to carry
out the provisions of subsections (c) and (d) of
this section.
42-64-28.
Annual financial reports and performance report. -- The board shall
approve and the corporation shall submit to the
governor, the president of the senate, the speaker
of the house of representatives, and the
secretary of state, within eleven (11) months after the
close of its fiscal year, complete and detailed
financial reports and a performance report. These
reports shall cover the corporation and its
subsidiaries and shall be posted electronically on the
general assembly and the secretary of state's
websites as prescribed in section 42-20-8.1.
(a) The financial
reports shall set forth the corporation's:
(1) operations;
(2) receipts and
expenditures during the fiscal year in accordance with the categories and
classifications established by the corporation
for its operating and capital outlay purposes
including a listing of all private consultants
engaged by the corporation on a contract basis and a
statement of the total amount paid to each
private consultant, a listing of any staff supported by
these funds, and a summary of any clerical,
administrative or technical support received;
(3) assets and
liabilities at the end of its fiscal year including a schedule of its leases
and
mortgages and the status of the reserve, special
or other funds; and
(4) schedule of
the bonds and notes outstanding at the end of its fiscal year together with
a statement of amounts redeemed and incurred
during the fiscal year.
(5) The reports
shall be prepared by independent certified public accountants in
accordance with generally accepted principles of
accounting.
(b) The
performance report shall include:
(1) a summary of
performance during the previous fiscal year including
accomplishments, shortcomings in general and
relative to plan, and actions to be taken to remedy
such shortcomings;
(2) for all board
meetings and public hearings held by the corporation: the subjects
addressed, decisions rendered, actions
considered and their disposition; and, the minutes of these
meetings and hearings if requested by the
governor, the president of the senate, the speaker of the
house of representatives, or the secretary of
state;
(3) rules or
regulations promulgated by the board or corporation, a summary of studies
conducted, policies and plans developed,
approved, or modified, and programs administered,
initiated or terminated;
(4) a synopsis of
hearings, complaints, suspensions, or other legal matters related to the
authority of the board or corporation;
(5) a summary of
any training courses held pursuant to subdivision 42-64-8(a)(5)(4);
(6) a briefing on
anticipated plans and activities in the upcoming fiscal year; and findings
and recommendations for improvements.
(c) The director
of the department of administration shall be responsible for the
enforcement of the provisions of this section.
SECTION 40.
Section 42-64.1-5 of the General Laws in Chapter 42-64.1 entitled
"Economic Development Assistance" is
hereby amended to read as follows:
42-64.1-5.
Economic development assistance fund. -- (a) The proceeds of the bonds
described in part I of this chapter P.L.
1979, chapter 157 shall be deposited by the economic
development corporation in a special account to
be designated "Rhode Island economic
development assistance fund of 1979" (the
"bond fund") to be used from time to time to pay the
costs of acquiring land and facilities thereon
and carrying out economic development project
plans for the development of those sites for
sale or lease to, and use by private industry or
business, or to discharge any indebtedness
incurred by the economic development corporation in
connection with any of the foregoing activities.
(b) Payments
received by the economic development corporation as lease rentals or the
purchase price of the land and improvements
shall be deposited in the bond fund and used by the
economic development corporation from time to
time, on a revolving basis to pay the expenses of
the lease or sale of the land and improvements,
to acquire additional land and improvements, to
be developed for sale or lease in the same
manner and to the same extent as described above, or to
discharge indebtedness incurred by the Rhode
Island economic development corporation in
connection with the acquisition of land and
improvements for development for sale or lease in
accordance with the provisions hereof.
(c) All moneys in
the bond fund, whether proceeds from the sale of bonds or notes
described in part I of this act P.L.
1979, chapter 157, or revenues, receipts, or income from the
sale or lease of projects, or investment income
shall be trust funds to be used and applied solely
as provided in this chapter, the Rhode Island
Economic Development Corporation Act, chapter 64
of this title, and in the proceedings of the
economic development corporation taken pursuant
thereto, and shall not be pledged, assigned,
hypothecated, or otherwise encumbered for any other
purpose whatsoever.
(d) Upon
determination by the economic development corporation that the continued
operation of the bond fund is no longer
feasible, or upon termination of the existence of the
economic development corporation, all moneys in
the bond fund and rights relating thereto, and
all properties acquired with the proceeds, shall
pass to and be vested in the state.
(e) In connection
therewith, the operation of the bond fund, including the investment and
reinvestment of moneys therein, the disposition
of moneys for carrying out economic
development projects, and the sale or lease of
land and improvements to industrial and business
users, shall be governed by the proceedings of
the economic development corporation pursuant to
the provisions of the Rhode Island Economic
Development Corporation Act, chapter 64 of this
title. In this regard powers granted to the
economic development corporation by this chapter shall
be regarded as supplemental and in addition to
the powers conferred by other laws, including, but
not limited to, the Rhode Island Economic
Development Corporation Act, chapter 64 of this title.
SECTION 41.
Section 42-64.5-2 of the General Laws in Chapter 42-64.5 entitled "Jobs
Development Act" is hereby amended to read
as follows:
42-64.5-2.
Definitions. -- As used in this chapter, unless the context clearly
indicates
otherwise:
(1)
"Adjusted current employment" means, for any taxable year ending on
or after July 1,
1995, the aggregate of the average daily number
of full-time equivalent active employees
employed within the State by an eligible company
and its eligible subsidiaries during each taxable
year.
(2)
"Affiliated entity" means any corporation owned or controlled by the
same persons or
shareholders who own or control an eligible company.
(3) "Base
employment" means, except as otherwise provided in section 42-64.5-7, the
aggregate number of full-time equivalent active
employees employed within the State by an
eligible company and its eligible subsidiaries
on July 1, 1994, or at the election of the eligible
company, on an alternative date as provided by
section 42-64.5-5. In the case of a manufacturing
company which is ruined by disaster, the
aggregate number of full time equivalent active
employees employed at the destroyed facility
would be zero, under which circumstance the base
employment date shall be July 1 of the calendar
year in which the disaster occurred. Only one
base employment period can be elected for
purposes of a rate reduction by an eligible company.
(4)
"Disaster" means an occurrence, natural or otherwise, which results
in the destruction
of sixty percent (60%) or more of an operating
manufacturing business facility in this state,
thereby making the production of products by the
eligible company impossible and as a result
active employees of the facility are without
employment in that facility. However, disaster does
not include any damage resulting from the
willful act of the owner(s) of the manufacturing
business facility.
(6)(5)
"Eligible company" means any corporation, state bank, federal savings
bank, trust
company, national banking association, bank
holding company, loan and investment company,
mutual savings bank, credit union, building and
loan association, insurance company, investment
company, broker-dealer company, manufacturing
company, telecommunications company or
surety company or an eligible subsidiary of any
of the foregoing. An eligible company does not
have to be in existance existence,
be qualified to do business in the state or have any employees
in this state at the time its base employment is
determined.
(5)(6)
"Eligible subsidiary" means each corporation 80% or more of the
outstanding
common stock of which is owned by an eligible
company.
(7) "Full
time equivalent active employee" means any employee of an eligible company
who: (1) works a minimum of 30 hours per week
within the State, or two (2) or more part-time
employees whose combined weekly hours equal or
exceed 30 hours per week within the State;
and (2) earns no less than 150% of the hourly
minimum wage prescribed by Rhode Island law;
provided, however, for tax years ending after
the later of July 1, 2003 and the first tax year that an
eligible company qualifies for a rate reduction
pursuant to section 42-64.5-3, for purposes of this
section, one hundred fifty percent (150%) of the
hourly minimum wage prescribed by Rhode
Island law shall mean one hundred fifty percent
(150%) of the hourly minimum wage prescribed
by Rhode Island law at (a) the time the employee
was first treated as a full-time equivalent active
employee during a tax year that the eligible
company qualified for a rate reduction pursuant to
section 42-64.5-3, or, if later, (b) the time
the employee first earned at least one hundred fifty
percent (150%) of the hourly minimum wage
prescribed by Rhode Island law as an employee of
the eligible company.
(15)(8)
"Initial new employment level" means the number of units of new
employment
reported by an eligible company in 1997, or, if
applicable, the third taxable year following the
base employment period election set forth in
section 42-64.5-5.
(8)(9)
(i) "New employment" means for each taxable year the amount of
adjusted current
employment for each taxable year minus the
amount of base employment, but in no event less
than zero; provided, however, no eligible
company is permitted to transfer, assign or hire
employees who are already employed within the
State by such eligible company from itself or
any affiliated entity or utilize any other
artifice or device for the purpose of artificially creating
new employees in order to qualify for the rate
reduction provided for in this chapter.
(ii) Except as
provided in section 42-64.5-7, "new employment" shall not include
employees already employed in this state who
become employees of an eligible company as a
result of an acquisition of an existing company
by purchase, merger, or otherwise, if the existing
company was eligible for a rate reduction. In
the case of a manufacturing company that suffers a
disaster it shall mean any employment retained
or added as the result of reconstruction of the
manufacturing facility.
(9)(10)
"Rate reduction" means the reduction in tax rate specified in section
42-64.5-4.
(10)(11)
"Small business concern" means, except as otherwise provided in
section 42-
64.5-7, any eligible company which has a base
employment level of less than one hundred (100);
provided, however, that a telecommunications
company may not qualify as a small business
concern.
(11)(12)
"State" means the State of Rhode Island and Providence Plantations.
(13)
"Telecommunications company" means any public service company or
corporation
whose rate of taxation is determined under
section 44-13-4(4).
(14) "Total
employment" for an eligible company as of any date means the total number
of full-time equivalent active employees
employed within the State by the eligible company and
its eligible subsidiaries on such date.
(12)(15)
"Units of new employment" means: (i) for eligible companies which are
not
small business concerns, the amount of new
employment divided by fifty (50), rounded down to
the nearest multiple of fifty (50), and (ii) for
eligible companies which are small business
concerns the amount of new employment divided by
ten (10), rounded down to the nearest
multiple of ten (10); provided, however, that an
eligible company (other than an eligible company
that is a telecommunications company) with
adjusted current employment of one hundred (100)
or more employees in its first year of operation
or in any other period following the date its base
employment is determined shall determine its
units of new employment by dividing the first one
hundred (100) employees less its base employment
by ten (10), rounded down to the nearest
multiple of ten (10), and by dividing the number
of additional employees in excess of one
hundred (100) by fifty (50), rounded down to the
nearest multiple of fifty (50).
SECTION 42.
Chapter 42-64.7 of the General Laws entitled "Mill Building and
Economic Revitalization Act" is hereby
repealed in its entirety.
CHAPTER
42-64.7
Mill Building and
Economic Revitalization Act
42-64.7-1.
Short title. -- This chapter shall be known and may be cited as
the "Mill
Building and Economic Revitalization Act".
42-64.7-2.
Legislative findings and purpose. -- It is found and declared
that:
(1) Throughout
the state of Rhode Island there are located numerous historic and
industrial mill structures which over the past
two (2) decades have experienced high vacancy
rates and physical deterioration.
(2) Without
added economic incentive, these structures are not viable for redevelopment
and reuse by modern commercial and manufacturing
enterprises and will continue their physical
deterioration.
(3) The
redevelopment and reuse of these historic industrial mill structures are of
critical
importance to the economic well being of the
state of Rhode Island and its towns and cities.
(4) The
adoption of certain economic incentive measures will assist in stimulating the
reuse and redevelopment of Rhode Island's historic
industrial mill structures, and will benefit the
health, safety, welfare and prosperity of the
people of this state.
42-64.7-3.
Purpose. -- It is the purpose of this chapter to create economic
incentives for
the purpose of stimulating the redevelopment and
reuse of Rhode Island's historic industrial mill
structures.
42-64.7-4.
Definitions and construction. -- As used in this chapter, unless
the context
otherwise requires, the term:
(1)
"Certifiable building" means a mill complex or a building:
(i) That was
constructed prior to January 1, 1950;
(ii) Having at
least two (2) floors, excluding a basement; and
(iii) Which is
or will be used primarily for manufacturing, wholesale trade and other
commercial purposes;
(iv) The use
of which conforms to the comprehensive plan and local land use
management ordinances of the municipality in
which the building is located;
(v) That is
proposed for substantial rehabilitation;
(vi) That has
been at a minimum seventy-five percent (75%) vacant for a minimum of
twenty-four (24) months at the time of
submission by the municipality;
(vii) That is
designated by the municipality for consideration as a certifiable building as
hereinafter provided;
(viii) Meets
other requirements as established by the council; and
(ix)
Designated by the enterprise zone council as a certified building pursuant to
the
requirements of section 42-64.7-5.
(2)
"Certification of an eligible business" means an annual process
taking place on a
calendar year basis to certify entities as
eligible businesses for the purpose of this chapter.
Businesses certified as eligible businesses for
the purpose of this chapter, and which may also be
eligible for certification as certified
businesses under the provisions of section 42-64.3-3(4) must
elect certification under only one designation
of each certification year. This election must be
made for each certification year provided that the
business continues to be eligible for both
designations on a year-to-year basis.
(3)
"Certified building owner" means an individual, partnership,
corporation, limited
liability company or other entity which is
listed in the appropriate municipal records of land
evidence as the owner of a certified building,
and may include one or more successors in title to
the owner of the building at the time the
building received written notice of final designation as a
certified building pursuant to section
42-64.7-6. A certified building owner may include the
owner of a leasehold interest with a minimum
term of fifty (50) years, with respect to which a
memorandum of lease has been recorded in the
land evidence records.
(4)
"Eligible business" means any business, corporation, sole
proprietorship, partnership
limited partnership or limited liability company
or other entity which:
(i) Is located
in a certified building after building has undergone substantial
rehabilitation as hereinafter defined;
(ii) Is
engaged principally in manufacturing, wholesale trade, or other commercial
business activities;
(iii) Whose
total Rhode Island salaries and wages exceed the total Rhode Island salaries
and wages paid to its employees in the prior
calendar year;
(iv) Has
received certification from the enterprise zone council pursuant to the rules
and
regulations promulgated by the council; and
(v) Which, as
part of its annual certification:
(A) Obtains
certificates of good standing from the Rhode Island division of taxation, the
corporations division of the Rhode Island
secretary of state, and the appropriate municipal
authority;
(B) Provides
the enterprise zone council an affidavit stating under oath that the entity
seeking certification as a qualified business
has not within the preceding twelve (12) months from
the date of application for certification
changed its legal status or location solely for the purpose
of gaining favorable treatment under the
provision of this chapter; and
(C) Meets
certain other requirements set forth by the council.
(5)
"Enterprise zone" means an enterprise zone established pursuant to
section 42-64.3-4.
(6)
"Enterprise zone council" or the "council" means the
enterprise zone council
established pursuant to section 42-64.3-3.1, and
empowered with the same authority and given
the same responsibilities under that section.
(7)
"Municipality" means any city or town within the state, whether now
existing or
hereafter created.
(8)
"Qualified employee" means a full-time employee of an eligible
business whose
business activity originates and terminates from
within the eligible business and certified building
on a daily basis, and who is employed by the
eligible business at the end of the calendar year, and
who is a domiciled resident of the state of
Rhode Island.
(9)
"Salaries and wages" means salaries, wages, tips and other
compensation as defined
in the Internal Revenue Code of 1986, 26 U.S.C.
section 61.
(10)
"Substantial rehabilitation" means rehabilitation or reconstruction
costs of a
certified building in a dollar amount that
equals or exceeds twenty percent (20%) of the market
value of the certified building prior to
rehabilitation or reconstruction, as said prior market value
is determined by a Rhode Island licensed and
certified appraiser who is independent of the
certified building owner or owners and their
affiliated corporations, and/or any tenants of the
certified building and their affiliated
corporations.
(11)
"Rehabilitation and reconstruction costs" means and includes only
those amounts
incurred and paid by the certified building
owner, after issuance of the notice of final designation
of the building, solely and exclusively for the
rehabilitation of the certified building and which
are incurred and paid by the certified building
owner to acquire tangible personal property and
structural components of the certified building which
(i) are depreciated pursuant to 26 U.S.C.
section 167; (ii) have a useful life of three
(3) years or more as evidenced by the tax depreciation
method taken and shown on the federal tax return
of the certified building owner; and (iii) are
acquired by purchase as defined in 26 U.S.C.
section 179(d). Rehabilitation and reconstruction
costs do not include amounts incurred or paid
with respect to tangible personal property and
structural components of the certified building
which the certified building owner leases from any
other person or corporation. For the purposes of
the preceding sentence, any contract or
agreement to lease or rent or for a license to
use the property shall be considered a lease unless
the contract or agreement is treated for the
federal income tax purposes of the certified building
owner as an installment purchase rather than a
lease.
(12)
"Mill complex" means two or more mill buildings, located on the same
or
contiguous parcels of land, each of which, at
one time, had the same owner(s).
(13)
"Certified building" means a building with respect to which the
council has issued a
written notice of final designation as a
certified building pursuant to the provisions of section 42-
64.7-6. A portion of a building may be treated
as a separate building for purposes of this chapter
if:
(i) It
consists of a clearly identifiable part of a certifiable building, including
without
limitation, one or more wings, stories, or other
separable portions of a certifiable building;
(ii) It is
held by a single owner, whether in fee or as a condominium, cooperative or
leasehold interest; and
(iii) At least
one eligible business reasonable could be operated within the confines of
this portion.
42-64.7-5.
Building certification process. -- (a) No later than December 1,
2000, a
municipality shall submit to the enterprise zone
council a list of industrial mill structures located
within the municipality for consideration by the
council as to whether any of these structures
qualify as certifiable buildings. The council
will notify the municipality as to which structures
qualify as certifiable buildings.
(b) On or
before May 1, 2001, any building designated by the enterprise zone council as
a certifiable building may then be submitted by
the municipality to the council for preliminary
designation as a certified building, provided
that the municipality has given notice to the council.
(1) That the
building conforms to the area restriction set forth in square feet in
subsection
(d) of this section, and
(2) That
within six (6) months of this designation, the municipality agrees to:
(i) Promulgate
local regulations and ordinances providing favorable local property tax
treatment for certified industrial mill
buildings which are substantially rehabilitated;
(ii)
Promulgate local regulations and ordinances to expedite the building permit
review
and approval process required in the
municipality for the rehabilitation of certified buildings;
(iii)
Promulgate local regulations and ordinances waiving all building permit fees of
the
municipality for the rehabilitation of certified
buildings;
(iv)
Promulgate local regulations and ordinances adopting design standards in the
municipality which encourage historic
preservation of certified buildings, or alternatively, adopt
design standards developed and recommended by
the Rhode Island historic preservation
commission;
(v) Promulgate
local regulations and ordinances requiring that the advice of the Rhode
Island historic preservation commission will be
obtained for the rehabilitation of any certified
building in the municipality; and
(vi) Establish
a program for eligible businesses which coordinates the economic
development activities of state and local
business assistance programs and agencies, including but
not limited to, the Ocean State business
development authority, the Rhode Island small business
development center, the Rhode Island export
assistance center, the applicable private industry
council, and the applicable chamber of commerce.
(c)
Notwithstanding anything to the contrary contained herein, the council's
preliminary
designation of certified buildings within any
municipality shall be limited in accordance with the
following:
(1) One
certified building per municipality having a population according to the most
recent federal census of less than twenty-five
thousand (25,000); provided, however, that in the
event one or more enterprise zones have been
designated in the municipality, it may be permitted
two (2) certified buildings, in which event, at
least one of the certified buildings shall be located
within the municipality's boundaries of an enterprise
zone;
(2) Two (2)
certified buildings per municipality having a population according to the
most recent federal census of between
twenty-five thousand and one (25,001) and seventy-five
thousand (75,000); provided, however, that in
the event one or more enterprise zones have been
designated in the municipality it may be
permitted three (3) certified buildings, in which event, at
least one of the certified buildings shall be
located within the boundaries of an enterprise zone;
and
(3) Four (4)
certified buildings per municipality having a population according to the
most recent federal census in excess of
seventy-five thousand and one (75,001); provided,
however, that in the event one or more
enterprise zones have been designated in the municipality,
it may be permitted six (6) certified buildings,
in which event, at least two (2) of the certified
buildings shall be located within the boundaries
of an enterprise zone.
(d) The
aggregate square footage of all certified buildings within any municipality
shall
not exceed the average of three hundred thousand
(300,000) gross square feet per certified
building.
42-64.7-6.
Notice of final designation of certified building. -- (a) Upon
notice to the
council that the municipality has satisfied the
requirements of section 42-64.7-5(b)(2)(i) through
(vi), the council shall provide to the
municipality and to the certified building owner a written
notice of final designation, which notice shall
include a statement that an independent appraisal is
required in order to comply with the
requirements of section 42-64.7-4(10).
(b) The
certification and the benefits accruing thereto shall apply for no more than
five
(5) years from the date of final designation by
the council, except in the case of the carryover of
unused specialized investment tax credits as
provided by section 44-31-2, and in no case shall the
benefits accruing be applied retroactively.
42-64.7-6.1.
Certified building rehabilitation. -- (a) A certified building
shall be treated
as having been substantially rehabilitated only
if the reconstruction and rehabilitation
expenditures incurred during the twenty-four
(24) months period selected by the certified building
owner and ending with or within the taxable year
in which the rehabilitated certified building is
first placed in service by the certified
building owner meet the definition of "substantial
rehabilitation" set forth in section
42-64.7-4(12). For purposes of determining whether the
requirements of section 42-64.7-4(12) have been
met, the market value of the certified building
shall be determined at the beginning of the 1st
day of such twenty-four (24) month period.
(b) Special
rule for phased rehabilitation. - In the case of any rehabilitation which may
reasonably be expected to be completed in phases
set forth in architectural plans and
specifications completed before the
rehabilitation begins, clause (a) shall be applied by
substituting "sixty (60) month period"
for "twenty-four (24) month period".
42-64.7-7.
Specialized investment tax credit. -- A certified building owner
may be
allowed a specialized investment tax credit as
set out in section 44-31-2 against the tax imposed
by chapters 11 and 30 of title 44.
42-64.7-8.
Business tax credits. -- A taxpayer who owns and operates an
eligible
business within a certified building that has
been substantially rehabilitated is allowed a credit
against the tax imposed pursuant to chapter 11
or 30 of title 44 as follows:
(1) A credit
equal to one hundred percent (100%) of the total amount of Rhode Island
salaries and wages as are paid to qualified
employees in excess of Rhode Island salaries and
wages paid to the same employees in the prior
calendar year. The maximum credit allowable per
taxable year under the provisions of this
subsection is three thousand dollars ($3,000) per
qualified employee.
(2) Any tax
credits provided in subdivision (1) shall not offset any tax liability in years
other than the year in which the taxpayer
qualifies for the credit. Fiscal year taxpayers must claim
the tax credit in the year in which the December
31st of the certification year falls. The credit
shall not reduce the tax below the minimum tax.
The credit shall be used to offset tax liability
under either chapter 11 or 30 of title 44, but
not both.
(3) In the
case of a corporation, the credit allowed under this section is only allowed
against the tax of that corporation included in
a consolidated return that qualifies for the credit
and not against the tax of other corporations
that may join in the filing of a consolidated tax
return.
(4) In the
case of multiple business owners, the credit provided in subdivision (1) is
apportioned according to the ownership interests
of the eligible business.
(5) In the
event that the eligible business is located within an enterprise zone and is a
certified business under the provisions of
section 42-64.3-6, the taxpayer must elect to use the
credit provided under subdivision (1) or the
credit provided in section 42-64.3-6 to offset tax
liability, but the taxpayer may not elect to
claim both.
42-64.7-9.
Interest income. -- (a) A taxpayer is allowed a ten percent
(10%) credit
against taxes due under the provisions of
chapters 11, 13, 14, 17, or 30 of title 44 for interest
earned and paid on loans made to eligible
businesses as defined in section 42-64.6-4 of this
chapter, solely and exclusively for expenditures
within the certified building.
(b) The
taxpayer is further allowed a one hundred percent (100%) credit against taxed
due under chapters 11, 13, 14, 17, or 30 of
title 44 for interest earned on loans made solely and
exclusively for the purposes of substantial rehabilitation
as defined in section 42-64.7-4.
(c) Any tax
credit herein provided shall not offset any tax liability in taxable years
other
than the year in which the taxpayer qualifies
for the credit. The credit shall not reduce the tax
below the minimum, and, in the case of a
corporation, shall only be allowed against the tax of that
corporation included in a consolidated return
that qualifies for the credit and not against the tax of
other corporations that may join in the filing
of a consolidated tax return.
(d) The
taxpayer is allowed a maximum credit of ten thousand dollars ($10,000) per
taxable year under subdivision (a) of this
section. The taxpayer is allowed a maximum credit of
twenty thousand dollars ($20,000) per taxable
year under subdivision (b).
(e) In the
event a certified building owner is also a qualified business under chapter
64.3
of this title, the lender/taxpayer must elect to
treat the loan described in subdivision (a) and its
related interest payments as pertaining to the
interest credit provided in this section.
42-64.7-10.
Exemption or stabilization of taxes. -- Notwithstanding the
provisions of
any municipal charter or any other general,
special or local law to the contrary, real property taxes
for a certified building and tangible property
taxes of the owner or owners of a certified building
for tangible property used in the certified
building may be exempted from payment, in whole or
in part, notwithstanding the valuation of the
property or the rate of tax, by vote of the city or town
council to the extent deemed appropriate by the
city or town council to carry out the purposes of
this chapter. This section shall be construed to
provide a complete, additional and alternative
authority for the city or town council to grant
exemption or stabilization of real or tangible
property taxes with respect to certified
buildings, and the granting of tax exemption or
stabilization by the city or town council under
the provisions of this section does not require the
taking of any other proceedings or the happening
of any condition, except for the vote of the city
or town council.
42-64.7-11.
Expedited permit process. -- Any building designated by the
enterprise
zone council as a certified building shall be
immediately forwarded by the building owner to the
governor and the board of directors of the Rhode
Island economic development corporation for
consideration as a project of critical economic
concern as that term is defined in section 42-117-
3(3) and shall be entitled to the benefits of
chapter 117 of this title.
42-64.7-12.
Expiration. -- This chapter shall terminate and be of no further
effect seven
(7) years from August 8, 1996, unless the
chapter is extended by action of the general assembly.
42-64.7-13.
Examination of taxpayer's records. -- The tax administrator and
his or her
agents, for the purpose of ascertaining the
correctness of any credit claimed under the provisions
of this chapter, may examine any books, paper,
records, or memoranda bearing upon the matters
required to be included in the return, report,
or other statement, and may require the attendance of
the person executing the return, report, or other
statement, or of any officer or employee of any
taxpayer, or the attendance of any other person,
and may examine the person under oath
respecting any matter which the tax
administrator or his or her agent deems pertinent or material
in determining the eligibility for credits
claimed.
42-64.7-14.
Penalties. -- Any taxpayer or employee, officer or agent of any
taxpayer that
willfully fails to comply with the provisions of
this chapter or otherwise submits false or
misleading information shall be guilty of a
felony and upon conviction shall be fined an amount
not more than three (3) times the amount of the
tax credit received by the taxpayer, or imprisoned
not more than one year, or both.
42-64.7-15.
Revocation of certification. -- The council has the power to
revoke the
certification of any building certified under
section 42-64.7-5 of this chapter and to revoke the
eligibility of any business defined as an
eligible business under section 42-64.7-4.
42-64.7-16.
Additional rules and regulations. -- (a) The state tax
administration shall
promulgate appropriate rules and regulations to
ensure the proper administration of the taxation
provisions of this chapter. The council shall
promulgate appropriate rules and regulations with
respect to the building certification process,
and the certification of eligible businesses, and shall
advise the tax administrator of them and shall
promulgate any other rules and regulations that
may be necessary to carry out the provisions of
this chapter.
(b) In
addition to the rules and regulations as provided in subdivision (a), the Rhode
Island economic development corporation, with
assistance from the department of administration
office of systems planning and subject to the
approval of the enterprise zone council, shall adopt
performance standards in order to evaluate the
effectiveness of this chapter in accomplishing its
stated purpose.
(c) The
evaluation, according to the performance standards established by subdivision
(b), shall be conducted and reported on an
annual basis for each of the years the provisions of this
chapter are in force.
42-64.7-17.
Severability. -- If the provisions of this chapter or the
application of this
chapter to any person or circumstances is held
invalid, the 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 the chapter are declared to be severable.
42-64.7-18.
Applicability. -- The provisions of this chapter apply to all
buildings that
have been designated by the enterprise zone
council as certifiable buildings pursuant to chapter
64.5 of this title for all years commencing with
the year of the designation.
SECTION 43.
Section 42-64.9-6.1 of the General Laws in Chapter 42-64.9 entitled "Mill
Building and Economic Revitalization Act"
is hereby amended to read as follows:
42-64.9-6.1.
Certified building rehabilitation. -- (a) A certified building shall be
treated
as having been substantially rehabilitated only
if the reconstruction and rehabilitation
expenditures incurred during the twenty-four
(24) month period selected by the certified building
owner and ending with or within the taxable year
in which the rehabilitated certified building is
first placed in service by the certified
building owner meet the definition of "substantial
rehabilitation" set forth in section
42-64.9-4(12)(13). For purposes of determining whether the
requirements of section 42-64.9-4(12)(13)
have been met, the market value of the certified
building shall be determined at the beginning of
the 1st day of such twenty-four (24) month
period.
(b) Special rule
for phased rehabilitation. - In the case of any rehabilitation which may
reasonably be expected to be completed in phases
set forth in architectural plans and
specifications completed before the
rehabilitation begins, subsection (a) shall be applied by
substituting "sixty (60) month period"
for "twenty-four (24) month period."
SECTION 44.
Section 42-69-1 of the General Laws in Chapter 42-69 entitled "Schooner
Ernestina/Morrissey Commission" is hereby
amended to read as follows:
42-69-1. Commission
established -- Membership. -- There is established a permanent
state commission to be known as the schooner
Ernestina/Morrissey commission, consisting of
nine (9) members to be appointed by the
governor, one of whom shall be the director of the
Rhode Island port authority and economic
development corporation, or that director's designee,
one of whom shall be the director of the
department of environmental management, or that
director's designee, one of whom shall be the
mayor of the city of Providence, or the mayor's
designee, one of whom shall be a member of the
heritage commission, one of whom shall be from
the university of Rhode Island's division of
marine resources, and four (4) of whom shall be from
the public sector.
SECTION 45.
Sections 42-72-5 and 42-72-30 of the General Laws in Chapter 42-72
entitled "Children, Youth, and Families
Department" are hereby amended to read as follows:
42-72-5.
Powers and scope of activities. -- (a) The department is the principal
agency of
the state to mobilize the human, physical and
financial resources available to plan, develop, and
evaluate a comprehensive and integrated
statewide program of services designed to ensure the
opportunity for children to reach their full
potential. The services include prevention, early
intervention, out-reach, placement, care and
treatment, and after-care programs; provided,
however, that the department notifies the state
police and cooperates with local police
departments when it receives and/or investigates
a complaint of sexual assault on a minor and
concludes that probable cause exists to support
the allegations(s). The department also serves as
an advocate for the needs of children.
(b) To accomplish
the purposes and duties, as set forth in this chapter, the director is
authorized and empowered:
(1) To establish
those administrative and operational divisions of the department that the
director determines is in the best interests of
fulfilling the purposes and duties of this chapter;
(2) To assign
different tasks to staff members that the director determines best suit the
purposes of this chapter;
(3) To establish
plans and facilities for emergency treatment, relocation and physical
custody of abused or neglected children which
may include, but are not limited to,
homemaker/educator child case aides, specialized
foster family programs, day care facilities,
crisis teams, emergency parents, group homes for
teenage parents, family centers within existing
community agencies, and counselling counseling
services;
(4) To establish,
monitor, and evaluate protective services for children including, but not
limited to, purchase of services from private
agencies and establishment of a policy and
procedure manual to standardize protective
services;
(5) To plan and
initiate primary and secondary treatment programs for abused and
neglected children;
(6) To evaluate
the services of the department and to conduct periodic comprehensive
needs assessment;
(7) To license,
approve, monitor, and evaluate all residential and non-residential child
care institutions, group homes, foster homes,
and programs;
(8) To recruit
and coordinate community resources, public and private;
(9) To promulgate
rules and regulations concerning the confidentiality, disclosure and
expungement of case records pertaining to
matters under the jurisdiction of the department;
(10) To establish
a minimum mandatory level of twenty (20) hours of training per year
and provide ongoing staff development for all
staff; provided, however, all social workers hired
after June 15, 1991, within the department shall
have a minimum of a bachelor's degree in social
work or a closely related field, and must be
appointed from a valid civil service list;
(11) To establish
procedures for reporting suspected child abuse and neglect pursuant to
chapter 11 of title 40;
(12) To
promulgate all rules and regulations necessary for the execution of
departmental
powers pursuant to the Administrative Procedures
Act, chapter 35 of title 42;
(13) To provide
and act as a clearinghouse for information, data and other materials
relative to children;
(14) To initiate
and carry out studies and analysis which will aid in solving local,
regional and statewide problems concerning
children;
(15) To represent
and act on behalf of the state in connection with federal grant programs
applicable to programs for children in the
functional areas described in this chapter;
(16) To seek,
accept, and otherwise take advantage of all federal aid available to the
department, and to assist other agencies of the
state, local agencies, and community groups in
taking advantage of all federal grants and
subventions available for children;
(17) To review
and coordinate those activities of agencies of the state and of any
political subdivision of the state which affect
the full and fair utilization of community resources
for programs for children, and initiate programs
that will help assure utilization;
(18) To
administer the pilot juvenile restitution program, including the overseeing and
coordinating of all local community based
restitution programs, and the establishment of
procedures for the processing of payments to
children performing community service; and
(19) To adopt
rules and regulations which:
(i) For the
twelve (12) month period beginning on October 1, 1983, and for each
subsequent twelve (12) month period, establish
specific goals as to the maximum number of
children who will remain in foster care for a
period in excess of two (2) years; and
(ii) Are
reasonably necessary to implement the child welfare services and foster care
programs;
(20) May
establish and conduct seminars for the purpose of educating children regarding
sexual abuse;
(21) To establish
fee schedules by regulations for the processing of requests from
adoption placement agencies for adoption
studies, adoption study updates, and supervision related
to interstate and international adoptions. The
fee shall equal the actual cost of the service(s)
rendered, but in no event shall the fee exceed
two thousand dollars ($2,000);
(22) To be
responsible for the education of all children who are placed, assigned, or
otherwise accommodated for residence by the
department in a state operated or supported
community residence licensed by a Rhode Island
state agency. In fulfilling this responsibility the
department is authorized to enroll and pay for
the education of students in the public schools or,
when necessary and appropriate, to itself
provide education in accordance with the regulations of
the board of regents for elementary and
secondary education either directly or through contract;
(23) To develop
multidisciplinary service plans, in conjunction with the department of
health, at hospitals prior to the discharge of
any drug-exposed babies. The plan requires the
development of a plan using all health care professionals.
(24) To be
responsible for the delivery of appropriate mental health services to seriously
emotionally disturbed children. Appropriate
mental health services may include hospitalization,
placement in a residential treatment facility,
or treatment in a community based setting. The
department is charged with the responsibility
for developing the public policy and programs
related to the needs of seriously emotionally
disturbed children.
In fulfilling its
responsibilities the department shall:
(i) Plan a
diversified and comprehensive network of programs and services to meet the
needs of seriously emotionally disturbed
children;
(ii) Provide the
overall management and supervision of the state program for seriously
emotionally disturbed children;
(iii) Promote the
development of programs for preventing and controlling emotional or
behavioral disorders in children;
(iv) Coordinate
the efforts of several state departments and agencies to meet the needs of
seriously emotionally disturbed children and to
work with private agencies serving those children;
(v) Promote the
development of new resources for program implementation in providing
services to seriously emotionally disturbed
children.
The department
shall adopt rules and regulations which are reasonably necessary to
implement a program of mental health services
for seriously emotionally disturbed children.
Each community,
as defined in chapter 7 of title 16, shall contribute to the department, at
least in accordance with rules and regulations
to be adopted by the department, at least its average
per pupil cost for special education for the
year in which placement commences, as its share of
the cost of educational services furnished to a
seriously emotionally disturbed child pursuant to
this section in a residential treatment program
which includes the delivery of educational services.
"Seriously
emotionally disturbed child" means any person under the age of eighteen
(18)
years or any person under the age of twenty-one
(21) years who began to receive services from
the department prior to attaining eighteen (18)
years of age and has continuously received those
services thereafter who has been diagnosed as
having an emotional, behavioral or mental disorder
under the current edition of the Diagnostic and
Statistical Manual and that disability has been on-
going for one year or more or has the potential
of being ongoing for one year or more, and the
child is in need of multi-agency intervention,
and the child is in an out-of-home placement or is at
risk of placement because of the disability.
(25) To develop
and maintain, in collaboration with other state and private agencies, a
comprehensive continuum of care in this state
for children in the care and custody of the
department or at risk of being in state care.
This continuum of care should be family-centered and
community-based with the focus of maintaining
children safely within their families or, when a
child cannot live at home, within as close
proximity to home as possible based on the needs of the
child and resource availability. The continuum
should include community-based prevention,
family support and crisis intervention services
as well as a full array of foster care and residential
services, including residential services
designed to meet the needs of children who are seriously
emotionally disturbed and youth who have
juvenile justice issues. The director shall make
reasonable efforts to provide a comprehensive
continuum of care for children in the care and
custody of the DCYF, taking into account the
availability of public and private resources and
financial appropriations and the director shall
submit an annual report to the general assembly as
to the status of his or her efforts in
accordance with the provisions of subsection 42-72-4(b)(13).
(c) In order to
assist in the discharge of his or her duties, the director may request from
any agency of the state information pertinent to
the affairs and problems of children.
42-72-30.
Family and children trust program. -- (a) There is created the family
and
children trust program. The director may apply
for, receive and accept grants, gifts, and bequests
from any source, governmental or private, with
the approval of the director of administration.
Upon receipt of any remittance the director
shall transmit the entire amount to the general
treasurer, who shall deposit it as general
revenues. The general assembly may appropriate funds
for the family and children trust program.
(b) The family
and children trust program monies fund with the accumulated interest
shall be used for the following purposes: (1)
matching federal funds to purchase services relating
to community-based programs for the prevention
of problems of families and children; (2)
providing start-up or expansion grants for
community-based prevention projects or educational
programs for the problems of families and
children, primarily, but not limited to, child abuse and
neglect and family abuse; and (3) studying and
evaluating community-based prevention projects
and educational programs for the problems of
families and children; provided that grantees of
funds shall be required to match those funds in
cash, or services in kind, the value of which shall
be determined by the director. For the purpose
of this subsection, "educational programs" shall
include instructional and demonstration programs
whose main purpose is to disseminate
information and techniques or to provide
services for the prevention of problems of families and
children.
(c) The state
advisory council for children and their families established by section 42-
72-12 [repealed] or its successor, shall
advise the director in detail on the expenditure of funds
from the family and children trust fund, and
shall:
(1) Develop a
biennial plan for distribution of funds;
(2) Develop
criteria for awarding funds;
(3) Review
proposals for the funds and present recommendations to the director;
(4) Monitor the
expenditure of funds and review the annual report on the use thereof as
presented by the director; and
(5) Promote the
general development of public and private sector child abuse prevention
programs and activities.
(d) The state
controller is authorized and directed to draw his or her orders upon the
general treasurer for the payments of any
expenditures out of the unexpended balance of the fund
as may be ordered by the director upon proper
vouchers presented to the controller by the
director.
SECTION 46.
Section 42-72.2-4 of the General Laws in Chapter 42-72.2 entitled
"Family Support Program" is hereby
amended to read as follows:
42-72.2-4.
Cooperation of other state agencies with the family support program. –
(a) The department of health shall develop
agreements with the department of children, youth,
and families, the department of elementary
and secondary education, the department of human
services, and the department of mental health,
retardation and hospitals to delineate the role and
function of each department. In order to carry
out the provisions of this chapter, each of the
foregoing departments shall assign a staff
person who will assume responsibility for
implementation of the program and each
department shall provide statistical and analytical data
needed to carry out the provisions of this
chapter.
(b) Each
of the foregoing departments shall enter into an agreement with the family
support program and shall join with the program
in a cooperative effort to carry out the provisions
of section 42-72.2-2.
SECTION 47.
Section 42-78-2 of the General Laws in Chapter 42-78 entitled "Cultural
Coordinating Council" is hereby amended to
read as follows:
42-78-2.
Composition of council. -- The council shall consist of the executive
directors
and chairpersons of the Rhode Island heritage
commission, the council on the arts, the historical
preservation commission, the Rhode Island historical
society, the Rhode Island committee for the
humanities, the state archivist, and a
representative of the governor's office. The directors of the
departments of administration, Rhode
Island economic development corporation, department of
environmental management, and state library
services shall also serve as ex-officio members.
SECTION 48.
Section 42-82-15 of the General Laws in Chapter 42-82 entitled
"Farmland Preservation Act" is hereby
repealed.
42-82-15.
[Obsolete.] –
SECTION 49.
Section 42-98-19 of the General Laws in Chapter 42-98 entitled "Energy
Facility Siting Act" is hereby amended to
read as follows:
42-98-19.
Applicability. – (a) This chapter shall take effect upon its
passage and shall
operate prospectively and shall not apply to any
electric cogeneration energy facility capable of
operating at a gross capacity of more than 40
megawatts but less than 80 megawatts which, prior
to May 30, 1990, has applied to the department
of environmental management for an air quality
permit or approval; provided, however, that,
notwithstanding that application, this chapter shall
apply to any facility capable, at any time, of
operating at a gross capacity of 80 megawatts or
more.
(b) The complete
plans submitted pursuant to section 42-98-8 shall be the basis for
determining jurisdiction under this section.
SECTION 50.
Section 42-102-4 of the General Laws in Chapter 42-102 entitled "Rhode
Island Human Resource Investment Council"
is hereby amended to read as follows:
42-102-4.
Terms of office and voting. -- (a) Of the thirteen (13) members
appointed by
the governor, seven (7) shall be appointed for a
term of two (2) years, and six (6) shall be
appointed for three (3) years. After the initial
appointments of those individuals serving two (2)
year terms, they or their successors shall be
appointed to three (3) year terms. A vacancy in the
office of a member, other than by expiration of
the member's term, shall be filled in the same
manner as the original appointment, but only for
the remainder of the prevailing term. Members
whose terms expire may be reappointed.
(b) Only
members shall have the right to vote.
(c) A
majority of duly appointed members shall constitute a quorum, provided,
however,
that at least six (6) members shall be necessary
for a quorum.
(b) [Deleted by
P.L. 2004, ch. 369, section 2, and by P.L. 2004, ch. 388, section 2.]
SECTION 51.
Section 42-105-2 of the General Laws in Chapter 42-105 entitled
"Newport County Convention and Visitors'
Bureau" is hereby amended to read as follows:
42-105-2.
Composition. -- (a) (i)(1) The Newport County convention
and visitors' bureau
shall be comprised of fifteen (15) members who
are residents of Newport County.
(ii)(2)
All members of the bureau as of the effective date of this act [September
1, 2005]
shall cease to be members of the authority on the
effective date of this act [September 1, 2005]
and the bureau shall thereupon be reconstituted
as follows:
(A)(i)
Three (3) members shall be appointed by the Newport City Council; two (2) of
whom shall be associated with the hospitality
industry;
(B)(ii)
Three (3) members shall be appointed by the Middletown Town Council; two (2)
of whom shall be associated with the hospitality
industry;
(C)(iii)
One member shall be appointed by the Jamestown Town Council who shall be
associated with the hospitality industry;
(D)(iv)
One member shall be appointed by the Portsmouth Town Council who shall be
associated with the hospitality industry;
(E)(v)
One member shall be appointed by the Tiverton Town Council who shall be
associated with the hospitality industry;
(F)(vi)
One member shall be appointed by the Little Compton Town Council who shall
be associated with the hospitality industry; and
(G)(vii)
Those members appointed pursuant to subsections paragraphs (a)(ii)(A)
(i)
through (a)(ii)(F) (vi) shall
thereupon appoint five (5) members, who shall be:
(I)(A)
One representative of hotels of more than one hundred (100) rooms;
(II)(B)
One representative of hotels, inns or bed-and-breakfasts of less than one
hundred
(100) rooms;
(III)(C)
One representative of the restaurant industry;
(IV)(D)
One representative of the attractions industry; and
(V)(E)
One member of the general public.
(iii)(3)
All members of the public shall be appointed to serve terms of two (2) years.
Members of the bureau shall be eligible for
reappointment.
(iv)(4)
No state legislator shall serve or be otherwise eligible for membership on the
bureau.
(b) The members
of the Newport County convention and visitors' bureau shall serve
without compensation and shall be residents of
Newport County.
(c) The Newport
County convention and visitors' bureau shall meet every other month at
a time to be designated by the chairperson.
Special meetings of the authority may be called by the
chairperson in accordance with the open meetings
law. The chairperson shall be elected by the
membership of the authority.
SECTION 52.
Section 42-113-4 of the General Laws in Chapter 42-113 entitled "Rhode
Island Housing and Conservation Trust Fund
Act" is hereby amended to read as follows:
42-113-4.
Creation of the Rhode Island housing and conservation board. -- (a)
There
is hereby authorized, created and established a
body politic and corporate to be known as the
"Rhode Island housing and conservation
board" to carry out the provisions of this chapter. The
board is constituted a public instrumentality
exercising public and essential governmental
functions, and the exercise by the board of the
powers conferred by this chapter are deemed and
held to be the performance of an essential
governmental function of the state.
(b) The board
shall consist of nine (9) members.
(1) The four (4)
non-voting ex-officio members shall include the director of the
department of environmental management, or a
designee, the director of the office of
intergovernmental affairs/housing, or designee,
the executive director of the Rhode Island
housing and mortgage finance corporation, or
designee, and the director of the office of statewide
planning, or designee.
(2) The governor,
with the advice and consent of the senate, shall appoint five (5)
members of the general public. In making these
appointments, the governor shall give due
consideration to recommendations made by the
Rhode Island Community Reinvestment
Association, Environment Council of Rhode
Island, Rhode Island Association of Land Trusts,
and representatives of tenancy advocacy and
family farm associations.
(3) Any designee
of the four (4) governmental members serving ex-officio as stipulated
in subsection 42-113-4(b)(1) or of the three (3)
members who is a chair or president of a non-
governmental organization as stipulated in
subsection 42-113-4(b)(2) shall be a subordinate of the
designator within his or her respective
department, office, or nongovernmental organization.
These designees shall represent him or her at
all meetings of the board.
(4) No one shall
be eligible for public appointment unless he or she is a resident of this
state.
(5) Newly
appointed and qualified public members and designees of ex-officio members
shall, within six (6) months of their
qualification or designation, attend a training course that is
developed with board approval and conducted by
the chair or his or her designee and shall
include instruction in the subject area of
chapter 113 of this title and chapters 46 of this title, 14 of
title 36, and 2 of title 38 of Rhode Island
general laws; and the board's rules and regulations.
(c) Those members
of the board as of the effective date of this act [July 9, 2005]who
were appointed to the board by members of the
general assembly shall cease to be members of
the commission on the effective date of this act
[July 9, 2005] Public members of the board
appointed by the governor will be appointed for
three (3) year terms and cannot serve more than
two (2) consecutive terms.
(d) Annually, the
board shall elect from among its public members a chairperson and
vice-chairperson. The board may elect from among
its members any other officers it deems
necessary. Meetings shall be held at the call of
the chairperson or at the request of three (3)
members. A majority of the sitting members shall
constitute a quorum and action taken by the
board under the provisions of this chapter may
be authorized by a majority of the members
present and voting at any regular or special
meeting.
(e) Three (3) or
more voting members of the board shall constitute a quorum for the
transaction of business. A majority vote of
those present shall be required for action. No vacancy
in the membership of the board shall impair the
right of a quorum to exercise all of the rights and
perform all of the duties of the board.
(f) Any vacancy
which may occur in the board shall be filled accordingly in the same
manner as prescribed above.
(g) The board
shall appoint and employ an executive director, and it shall be his or her
duty to:
(1) Supervise and
administer allocations made through the trust fund in accordance with
this chapter and with the rules and regulations
of the board;
(2) Act as the
chief administrative officer having general charge of the office and records
and to employ temporarily, subject to the
approval of the board, necessary personnel to serve at
his or her pleasure and who shall be in the
unclassified service and whose salaries shall be set by
the board;
(3) Act as
executive secretary of the board; and
(4) Perform other
duties as determined by the board which are in accordance with this
chapter and with the rules and regulations of
the board.
(h) The board
shall use the office of the attorney general for legal services.
(i) Within ninety
(90) days after the end of each fiscal year, the board shall approve and
submit an annual report to the governor, the
speaker of the house of representatives, the president
of the senate, and the secretary of state of its
activities during that fiscal year. The report shall
provide: an operating statement summarizing
meetings or hearings held, meeting minutes if
requested, subjects addressed, decisions
rendered, rules or regulations promulgated, studies
conducted, policies and plans developed,
approved, or modified, and programs administered or
initiated; a consolidated financial statement of
all funds received and expended including the
source of the funds, a listing of any staff
supported by these funds, and a summary of any clerical,
administrative or technical support received; a
summary of performance during the previous
fiscal year including accomplishments,
shortcomings and remedies; a synopsis of hearings,
complaints, suspensions, or other legal matters
related to the authority of the board; a summary of
any training courses held pursuant to
subdivision 42-113-4(b)(6)(5); a briefing on anticipated
activities in the upcoming fiscal year; and
findings and recommendations for improvements. The
report shall be posted electronically on the
general assembly and the secretary of state's websites
as prescribed in section 42-20-8.2.
SECTION 53.
Sections 42-116-3, 42-116-12, 42-116-33, 42-116-40 and 42-116-41 of the
General Laws in Chapter 42-116 entitled
"Rhode Island Depositors Economic Protection
Corporation" are hereby amended to read as
follows:
42-116-3.
Definitions. -- As used in this chapter, unless the context clearly
indicates
otherwise, the following words and phrases have
the following meanings:
(1)
"Board" means the board of directors of the corporation.
(2)
"Bonds" means the bonds, notes, or other evidences of indebtedness of
the
corporation.
(3)
"Commission" means the select commission to investigate the failure
of RISDIC
insured financial institutions established
pursuant to P.L. 91-015.
(4)
"Commission costs" means those costs and expenses in the aggregate
not to exceed
three million eight hundred thousand dollars
($3,800,000) incurred by the commission for
services rendered pursuant to a written contract
entered into by the commission in furtherance of
its purpose, but only to the extent that those
costs and expenses have been designated as
commission costs and expenses by an affirmative
vote of a majority of the members of the
commission.
(5)
"Corporation" means the Rhode Island depositors economic protection
corporation.
(6)
"Cost" means any or all costs incurred by the corporation in
connection with its
operation and in connection with acquiring,
managing, restructuring, refinancing, marketing,
selling, and disposing of the assets of eligible
institutions and/or the corporation including,
without limiting the generality of the
foregoing, amounts for the following: acquisition,
restructuring, refinancing, marketing, sale and
disposition of real property, loans and loan
participations, including without limitation,
commercial loans, real estate construction loans,
commercial mortgage loans, consumer installment
loans, home equity loans and residential
mortgage loans, together with all unpaid
interest thereon, including all promissory notes
evidencing the loans, all loan agreements,
mortgages, security agreements, financing statements,
assignments of leases and rents, loan indemnity
agreements, guarantees and letters of credit (and
any cash proceeds thereof which have not been
applied against the obligations under any of the
loans) and any other forms of collateral or
credit enhancement related to the loans, all cash held
by a financial institution as collateral in
connection with any loans, all accounts receivable arising
from the eligible institution's business, and
all letter of credit agreements, fees of trustees and
other depositories, legal and auditing fees,
premiums and fees for insurance, letters and lines of
credit and other credit facilities and, services
of engineers, environmental, property management
and financial experts and other consultants, and
working capital and administrative expenses,
legal expenses and other expenses necessary or
incidental to the aforesaid.
(7)
"Department" means the department of business regulation.
(8) "Deposit
liabilities" means liabilities of an eligible institution in respect of
time,
savings, demand or other deposits of the
institution, including without limitation certificates of
deposit, individual retirement accounts, escrow
and fiduciary accounts, and unpaid cashiers
checks issued to depositors or issued to or for
depositors in the course of a withdrawal from an
account at the institution.
(9)
"Eligible institution" means (a)(i) any credit union,
loan and investment company,
bank and trust company or other depository
institution, (i)(A) the accounts of which were insured
by the Rhode Island share and deposit indemnity
corporation as of December 30, 1990, and
(ii)(B) for which a conservator or receiver had been
appointed subsequent to January 1, 1991, and
(b)(ii) any conservator or apointed appointed
receiver and (c)(iii) the Rhode Island share and
deposit indemnity corporation and (d)(iv)
Heritage Loan and Investment Company.
(10)
"Person" means any natural or corporate person, including bodies
politic and
corporate, public departments, offices, agencies,
authorities and political subdivisions of the state,
corporations, societies, associations and
partnerships, and subordinate instrumentalities of any
one or more political subdivisions of the state.
(11)
"Revenues" means when used with reference to the corporation, any
receipts, fees,
payments, moneys, revenues or other payments
received or to be received by the corporation in
the exercise of its corporate powers under this
chapter, including without limitation loan
repayments, grants, aid, appropriations and
other assistance from the state, the United States or
any corporation, department or instrumentality
of either or of a political subdivision thereof, bond
proceeds, investment earnings, insurance
proceeds, amounts in reserves and other funds and
accounts established by or pursuant to this
chapter or in connection with the issuance of bonds,
and any other taxes, assessments, fees, charges,
awards or other income or amounts received or
receivable by the corporation.
(12) "Trust
agreement" means a trust agreement, loan agreement, security agreement,
reimbursement agreement, currency or interest
rate exchange agreement or other security
instrument, and a resolution, loan order or
other vote, authorizing, securing, or otherwise
providing for the issue of bonds or loans.
42-116-12.
Payment of depositor's claims. -- (a) Subject to the provisions of
section 42-
116-7(1) -- (6) of this chapter, distributions
from the corporation with respect to deposit liabilities
assumed from eligible institutions shall be made
in accordance with this section.
(b) For the
purposes of this section, each assumed deposit liability is the sum of the
principal amount thereof as of January 1, 1991,
plus accrued interest thereon to the date that the
eligible institution was petitioned into
receivership. In the case of an eligible institution that is a
credit union, all types of the eligible
institution's member share accounts, including regular
shares, share certificates and share draft
accounts, except as to one share per account which are
deemed to constitute an equity ownership
interest in the eligible institution, are deemed to be
deposit liabilities to the extent assumed by the
corporation.
(c) Deposit
liabilities and distributions on account thereof made pursuant to this section
shall not include any interest accrued from the
time that the eligible institution from which the
deposit liabilities arose was petitioned into
receivership.
(d) For the
purpose of determining distributions by the corporation in respect of assumed
deposit liabilities, as set forth in subsection
(b), assumed deposit liabilities in the same eligible
institution are aggregated and adjusted in
accordance with regulations adopted by the corporation,
which regulations follow the principles
contained in section 3(m) of the Federal Deposit
Insurance Act, 12 U.S.C. section 1811 et seq. as
in effect as of December 31, 1990 and rules and
regulations of the federal deposit insurance
corporation as in effect as of December 31, 1990.
Assumed deposit liabilities determined after
this aggregation shall be segregated into separate
obligations that are entitled to separate
distributions from the corporation as provided in this
section (as so aggregated and determined
referred to individually as "distributable account" and
collectively as "distributable
accounts").
(e) Payments on
account of distributable accounts as set forth in subsection (d) shall be
made as follows:
(1) Distributable
accounts of four thousand dollars ($4,000) or less shall be paid in full
by June 30, 1992.
(2) As to
distributable accounts of more than four thousand dollars ($4,0000), ninety
percent (90%) of the entire balance of the distributable
account shall be paid by June 30, 1992.
(3) As to
distributable accounts described in subsection (e)(2), there is established a
guaranteed balance equal to ten percent (10%) of
the distributable account as initially determined.
The guaranteed balance shall bear simple
interest, not compounded, at five percent (5%) per
annum beginning July 1, 1992. Interest accrued
through June 30, 1997 shall be posted to each
depositor's guaranteed balance as of June 30,
1997 as an addition to the principal thereof. A
depositor has no right to receive that interest
prior to July 1, 1997. The principal of the guaranteed
balance, to include the interest posted on June
30, 1997, shall be paid in fifteen (15) consecutive
equal annual payments commencing on July 1, 1997
and on each July 1, thereafter until paid in
full. Notwithstanding any other provisions or
references to pro-rata distribution in chapter 116 of
title 42, all net proceeds from litigation,
whether settled in or out of court, shall be paid equally to
each depositor with guaranteed balances upon
receipt by the corporation each time that escrow
reaches fifteen million dollars ($15,000,000).
Interest accrued after June 30, 1997 shall be paid in
arrears on the outstanding principal of the guaranteed
balance concurrently with each annual
principal payments.
(f) The principal
amount of any guaranteed balance and/or the amount of each
distribution by the corporation under this
section, including without limitation those in respect of
distributable accounts and/or guaranteed
balances, shall be reduced permanently from time to
time by an amount equal to the aggregate of all
prior payments not previously applied against
each distribution, and the corporation may
continue to reduce these distributions by any unapplied
prior payments until the aggregate amount of the
prior payments have been applied against these
distributions under this section. For the
purposes of this section, the term "prior payment" means
the aggregate amount from time to time after
January 1, 1991 of:
(1) Payments made
or issued by an eligible institution, the receiver of the eligible
institution or the corporation (other than
distributions under this section) in respect of any deposit
liabilities of the intended recipient of the
distribution and/or any deposit liabilities giving rise to
the distribution; and
(2) Set-offs made
by the eligible institution, the receiver of the eligible institution or the
corporation in respect of any deposit liabilities
of the intended recipient of the distribution and/or
any deposit liabilities giving rise to the
distribution.
(g) (1) Within
thirty (30) days after the date of the payment set forth in subsection (e)(2)
and concurrently with each annual payment of the
guaranteed balance, the owner thereof shall
receive a statement of account.
(2) From June 30,
1992 until June 30, 1997, except for transfer by will, the laws of
descent and distribution, or otherwise required
by operation of law, the guaranteed balance is
non-transferable, whether by sale, pledge, gift,
or otherwise. Commencing on July 1, 1997, any
guaranteed balance may be transferred by the
holder thereof; provided that the transfer does not
subject the corporation, the transferor, or the
transferee to any registration or reporting
requirements under applicable federal and/or
state securities laws; and provided further, that any
guaranteed balance transferred pursuant to this
section may not be used by any transferee or
subsequent transferee as a set off or other
reduction against any debt or liability to the
corporation, or any assignee or transferee of
the corporation.
(3) The
guaranteed balances will not be evidenced by a certificate or other instrument.
The corporation shall maintain a record of the
name and address of the owner of the guaranteed
balance and the amount of the guaranteed
balance.
(h) The
corporation may:
(1) Pre-pay any
guaranteed balance with a principal amount of less than one thousand
dollars ($1,000) at any time;
(2) Pre-pay the
outstanding amount of all guaranteed balances at any time; and
(3) Pre-pay all
guaranteed balances on a pro-rata basis at any time. Pro-rata means a
distribution in the percentage that the
aggregate amount of prepayment bears to the aggregate
amount of the outstanding principal balance of
all guaranteed balances.
(i) (1) All net
proceeds of litigation, (after payment of all legal fees, costs, and expenses
arising in connection therewith) whether by
settlement or suit, prosecuted by an eligible
institution, the receiver of an eligible
institution and/or the corporation, shall be paid to the
corporation and shall be utilized by it as
follows:
(i) To pay the
guaranteed balances in accordance with subsection (e)(3); and
(ii) After the
guaranteed balances have been paid in full, to pay the loan obligations or
bond indebtedness of the corporation.
(2) The term
"litigation," for the purposes of this subsection means all rights,
claims and
causes of action against:
(i) Any eligible
institution;
(ii) The Rhode
Island share and deposit indemnity corporation;
(iii) And/or any
officers, directors, employees, accountants, attorneys, appraisers,
consultants, agents, or providers of
professional services to the institution and/or the Rhode Island
share and deposit indemnity corporation.
(j) (1) The
corporation requires that any depositor entitled to receive any payment under
the terms of this chapter shall, in
consideration of the corporation's making the payment and as a
condition precedent to the depositor's receiving
the payment, and only to the extent of that
payment and any tolled or lost interest or consequential
damages attributable to that payment,
execute a total and complete waiver and release
of any and all rights, claims and causes of action,
of any nature whatsoever, which that depositor
might have against the state or any of its officials
or employees in relation to the pro rata portion
of any funds or accounts that the depositor may
have or may have had on deposit with any
eligible institution.
(2) Distributions
as to distributable accounts arising from the assumed deposit liabilities
of the heritage loan and investment company are
limited to those deposit liability claims which
have been allowed and validated by an unstayed
order or judgment of the superior court sitting at
Providence county. Distributable accounts
arising from deposit liability claims which have not
been allowed and validated by an unstayed order
or judgment of the superior court as of June 30,
1992 shall be paid by the corporation within
sixty (60) days of the receipt by the corporation of an
unstayed order or judgment of the superior court
which allows and validates the claim. Payment
of distributable accounts pursuant to this
subsection shall be in accordance with and in the same
manner and form as set forth in subsections
(e)(1), (2) and (3).
(k)(1) The
provisions of subsections (e)(1) and (2) do not apply to this subsection. In
the
event that substantially all of the deposit
liabilities of the Davisville credit union are insured by
the federal deposit insurance corporation, the
payment of any distributable account arising from
the assumption by the corporation of any
uninsured portion of a deposit liability of the Davisville
credit union, which uninsured portion does not
exceed ten percent (10%) of the deposit liability
existing as of the date of the insurance, shall
be made by the establishment by the corporation of a
guaranteed balance equal to the amount of the
distributable account. The amount of the
distributable account shall be determined by the
corporation within thirty (30) days of the
corporation's assumption of the portion of the
deposit liability. The guaranteed balance as
established in this subsection is payable in the
same manner and on the same terms and conditions
as the guaranteed balance provided for in
subsection (e)(3).
(2) The
guaranteed balance as established in this subsection is subject to the
remaining
provisions of this section.
42-116-33.
Performance review committee. – (a) There is created a seven (7)
member
performance review committee. The members shall
be: (1) the governor or his or her designee;
(2) the speaker of the house of representatives
or his or her designee; (3) the president of the
senate or his or her designee; (4) a minority
party member of the general assembly to be
designated by the minority leader of the house
of representatives and the minority leader of the
senate acting jointly; (5) one member selected
by the board of directors of the Rhode Island
Society of Certified Public Accountants; (6) one
member selected by the board of directors of the
Rhode Island Association of Realtors, Inc.; and
(7) one member who shall be a depositor selected
by the Joint Committee on Small Business.
(b) The
committee shall meet and issue its biannual reports by February 15th and August
15th of each year. The document shall contain
the following:
(1) Information
regarding the disposition of the assets and liabilities of the corporation;
(2) Information
regarding the interest and income, if any, earned by the corporation and
the administrative expenses of the corporation;
(3) Information
which updates projections as regards cash inflow and outflow;
(4) Information
as to the general fiscal condition of the state and how that condition
relates to the activities and operation of the
corporation;
(5) Information
as to the principal amount of outstanding bonded indebtedness;
(6) A review,
which considers subdivisions (1) -- (5), of the schedule of payments and a
recommendation as to the acceleration or
modification of the schedule;
(7) A
recommendation, if any, as to necessary and appropriate legislation; and
(8) A brief
summary of the document shall be published in a newspaper of general
circulation within the state on two (2)
successive days.
42-116-40.
Court-approved settlements. – (a) Notwithstanding any provisions
of law to
the contrary, a person, corporation, or other
entity who has resolved its liability to the Rhode
Island Depositors' Economic Protection
Corporation, the receiver of Rhode Island Share and
Deposit Indemnity Corporation or the receiver of
any state-chartered financial institution in a
judicially-approved good faith settlement is not
liable for claims for contribution or equitable
indemnity regarding matters addressed in the
settlement. The settlement does not discharge any
other joint tortfeasors unless its terms
provide, but it reduces the potential liability of the joint
tortfeasors by the amount of the settlement.
(b) The
provisions of this section apply solely and exclusively to settlements of
liabilities
to the Rhode Island Depositors' Economic
Protection Corporation, the receiver of the Rhode
Island Share and Deposit Indemnity Corporation
and the receiver of any other state-chartered
financial institution and shall not be construed
to amend or repeal the provisions of chapter 6 of
title 10 relating to contributions among joint
tortfeasors, other than as specifically provided in this
section.
42-116-41.
Loan portfolio valuation. – (a) On or before the winter meeting
of the
performance review committee, the corporation
shall submit to the committee an assessment of
the current market value of the remaining loans
and real estate owned. This assessment shall
contain a profile of the portfolio in sufficient
detail to permit an informal valuation by an
investor. The assessment shall report the known
transactions involving similar portfolios which
have been reported in the publications which
report the results of auctions or sales of similar
portfolios and provide an analysis to the
potential market reception of a theoretical decision by
the corporation to invite bids to sell the
portfolio.
(b) The
portfolio profile will include a stratification of loans by performance status
and
collateral type. Data will include the number of
loans in each classification, the aggregate
principal balance, the "Legal
Balance", the dollar weighted average rate of interest, dollar
weighted average delinquencies, and the dollar
weighted average maturity. The profile is to be
consistent with those of similar portfolios
which are offered by lenders to investors in the
institutional investment market.
(c) Should
comparable information provided be inconclusive as to the current market
value of the portfolio, the committee may
recommend to the Depositors Economic Protection
Corporations' Board of Directors that the
corporation seek an informal review of the potential
value of the portfolio by an investor within one
hundred twenty (120) days of the committee's
winter meeting.
SECTION 54.
Section 42-119-4 of the General Laws in Chapter 42-119 entitled "Rhode
Island Commission on Women" is hereby
amended to read as follows:
42-119-4.
Selection criteria. -- The commission shall be appointed in the
following
manner:
(a)(1)
The governor shall appoint twelve (12) members for three (3) year terms on a
staggered basis with four (4) appointed each
year. Terms shall be effective July 1;
(b)(2)
The president of the senate shall appoint three (3) senators, not more than two
(2)
from the same political party;
(c)(3)
The speaker of the house shall appoint three (3) representatives, not more than
two
(2) from the same political party;
(d)(4)
Consistent with the purpose, the commission shall designate eight (8) state
department directors who shall each appoint one
commissioner for a three (3) year term on a
staggered basis effective July 1;
(e)(5)
Reappointments can be made and any vacancies shall be filled consistent with
initial appointments. All appointees shall have
a commitment to working with issues relating to
women.
SECTION 55. Sections
42-124-1, 42-124-2 and 42-124-3 of the General Laws in Chapter
42-124 entitled "Special Legislative
Commission on Equal Pay and Comparable Worth in Public
and Private Employment" are hereby amended
to read as follows:
42-124-1.
Establishment of commission. – (a) There is created a special
legislative
commission on equal pay and comparable worth in
public and private employment consisting of
twenty-five (25) members: four (4) of whom shall
be from the house of representatives, not more
than three (3) from the same political party;
one of whom shall have served on the 1986
comparable worth/pay equity commission, to be
appointed by the speaker; four (4) of whom shall
be from the senate, not more than three (3) from
the same political party; one of whom shall have
served on the 1986 comparable worth/pay equity
commission to be appointed by the president of
the senate; two (2) of whom shall be appointed
by the governor; one of whom shall be the human
resources director of the department of
administration; one of whom shall be the human resources
program administrator; one of whom shall be the
executive director of the Rhode Island
commission on women, or his/her appointee; one
of whom shall be the executive director of the
human rights commission, or his/her appointee;
one of whom shall be the chair or co-chair of the
economic equity committee of the Rhode Island
commission on women, or his/her appointee; one
of whom shall be the director of labor and
training, or his/her appointee; one of whom shall be the
executive director of the AFL-CIO, or his/her
appointee; one of whom shall be the executive
director of AFSCME, or his/her appointee; one of
whom shall be the state equal opportunity
administrator; one of whom shall be from the chamber
of commerce federation; one of whom
shall be from the workforce 2000 council; one of
whom shall be the executive director of the
league of cities and towns, or his/her
appointee; one of whom shall be the director of research,
department of business and economics at the
university of Rhode Island; one of whom shall be a
representative from NEARI, appointed by the
president of the association; and one of whom shall
be a representative from AFT/AFL-CIO, appointed
by the president of the association.
(b) The
composition of this commission shall endeavor, as far as practicable, to
provide
diverse ethnic, cultural and gender
representation of the state of Rhode Island.
42-124-2.
Purpose. – (a) The purpose of the commission is to study and to assess
the
subject of Comparable Worth/Pay Equity in public
and private employment in the state of Rhode
Island. Rhode Island recognizes the generally
acceptable pay equity policies which guarantee that
people will receive the same salary for
comparable worth. This study shall determine whether
there is evidence to suggest that the female
dominated class of employees are under compensated
in comparison to the male dominated class of
employees where the composite value of skill
effort, responsibility, interpersonal skills,
accountability and working conditions are comparable.
(b) The
commission shall report its findings and recommendations with respect to state
government employment to the general assembly on
or before June 30, 1994, and annually
thereafter, and shall report its findings and
recommendations with respect to municipal
government and private sector employment on or
before February 10, 1996, and annually
thereafter.
42-124-3.
Organization and terms. – (a) Forthwith upon the passage of this
chapter, the
members of the commission shall meet at the call
of the speaker of the house and organize and
shall select from among its members a
chairperson.
(b)
Legislative appointments shall continue for the elected term and terminate upon
non-
election. All other appointments shall be for
three (3) years on a staggered basis. Initial terms
shall be determined by lot at the first meeting.
Vacancies in the commission shall be filled in the
same manner as the original appointment.
SECTION 56.
Section 42-125-6 of the General Laws in Chapter 42-125 entitled "Rhode
Island Greenways Act of 1995" is hereby
amended to read as follows:
42-125-6.
Powers and duties. -- The council has the following powers:
(1) To be
entitled to ask for and receive from any commission, board, officer or agency
of the state any information, cooperation,
assistance, and advice as shall be reasonable and proper
in view of the nature of the council's
functions;
(2) To assess and
evaluate the current programs and policies of the state as they relate to
the creation and maintenance of systems of
greenways throughout the state and to make
recommendations regarding the coordination of
activities within state government to create and
maintain systems of greenways as part of the
state's twenty-first century infrastructure;
(3) To make any
recommendations that may be necessary to the state planning council to
maintain a greenways element of the state guide
plan as described in section 42-11-10;
(4) To make
recommendations to the director of the department of Rhode Island
economic development corporation
regarding the inclusion of greenways in programs to promote
tourism and encourage the location and
development of recreational facilities as provided for in
section 42-63-2(a) [repealed];
(5) To make
recommendations to the director of the department of environmental
management regarding the inclusion of greenways
in (1) the department's cooperation with the
department of Rhode Island economic development
corporation in planning and promotional
functions relating to recreation as provided for
in section 42-17.1-2(f), and (2) the department's
general functions relating to parks and
recreation, preservation of wetlands and habitat, and
planning and development as provided for in
section 42-17.1-4;
(6) To make
recommendations to the director of the department of transportation
regarding the inclusion of greenways in plans
and implementation programs for transportation as
provided for in section 42-13-1;
(7) To provide
advice and assistance to political subdivisions, businesses, citizen groups,
and nonprofit organizations regarding the
creation and maintenance of greenways;
(8) To foster
public involvement in greenways planning and development;
(9) To apply for,
contract for, and expend federal and other grants or assistance,
appropriate to the purposes of this chapter, and
(10) To report
its activities, findings, and recommendations to the governor and the
general assembly.
SECTION 57.
Section 42-128.1-6 of the General Laws in Chapter 42-128.1 entitled
"Lead Hazard Mitigation" is hereby
amended to read as follows:
42-128.1-6.
Education. – (a) In order to achieve the purposes of this
chapter, a statewide,
multifaceted, ongoing educational program
designed to meet the needs of tenants, property
owners, realtors and real estate agents,
insurers and insurance agents, local building officials, and
health providers and caregivers is hereby
established.
(1)(b)
The governor, in conjunction with the department of health and the housing
resources commission, shall sponsor a series of
public service announcements on radio,
television, and print media about the nature of
lead hazards, the importance of lead hazard control
and mitigation, and the purposes and
responsibilities set forth in this chapter. In developing and
coordinating this public information initiative
the sponsors shall seek the participation and
involvement of private industry organizations,
including those involved in real estate, insurance,
mortgage banking, and pediatrics.
(2)(c)
Within sixty (60) days after the regulations set forth in section 42-128.1-7
for lead
hazard control and mitigation go into effect,
the housing resources commission in conjunction
with the department of health shall:
(i)(1)
Create culturally and linguistically appropriate material outlining the rights
and
responsibilities of parties affected by this
chapter;
(ii)(2)
Establish guidelines and a trainer's manual for a not more than three (3) hour
lead
hazard control awareness seminar for rental
property owners or designated persons, which shall
be forwarded to all public and private colleges
and universities in Rhode Island, to other
professional training facilities, and to
professional associations and community organizations
with a training capacity, with the stipulation
this seminar be offered for a maximum fee of fifty
dollars ($50.00) per participant. The housing
resources commission shall approve the proposals to
offer the seminar from institutions, provided
those proposals are consistent with the guidelines.
An electronic version of this awareness seminar
shall be created and approved by the housing
resources commission for computer Internet
access. Said awareness seminar shall also be
produced and made available in both VHS and DVD
format for rental or purchase at a reasonable
cost not to exceed five dollars ($5.00) for the
rental version and fifteen dollars ($15.00) for the
purchased version. Said seminar shall be
available to tenants, property owners and other
interested parties.
(iii)(3)
Adopt rules for the dissemination of information about the requirements of this
chapter to all prospective owners of pre-1978
dwellings during the real estate transaction,
settlement, or closing;
(iv)(4)
Solicit requests, to the extent that these partnerships are not already established,
to enter into ongoing, funded partnerships, to
provide specific counseling information services to
tenants and affected parties on their rights and
responsibilities with regard to lead hazards and
lead poisoning.
(3)(d)
The department of business regulation shall, with regard to its
responsibilities for
the profession of real estate brokers and
salespersons, adopt rules, with the concurrence of the
housing resources commission and the department
of health which shall be effective not later than
June 30, 2004; (i)(1) requiring
proof of reasonable familiarity with the knowledge of duties and
responsibilities under the provisions of the
Lead Poisoning Prevention Act, chapter 24.6 of title
23, and this chapter, for the licensure or renewal
of licenses of real estate brokers and
salespersons in accordance with section 5-20.5-6
after July 1, 2004; and (ii)(2) providing,
pursuant to section 5-20.5-18, an educational
program for real estate brokers and salespersons
regarding such duties and responsibilities.
(4)(e)
The housing resources commission, in conjunction with the department of health,
is hereby authorized to develop, offer, engage
in, contract for and/or provide any other
educational or informational programs that they
may deem necessary to accomplish the purposes
of this chapter, including, but not limited to:
programs to assist families to find housing that is
lead free, lead safe or lead hazard mitigated or
abated; to train lead hazard mitigation inspectors
and local building officials and persons engaged
in renovating and/or improving housing about
controlling or mitigating lead hazards in
pre-1978 housing. Said programs shall provide
information about lead hazard mitigation
requirements at retail hardware and paint stores and
home-improvement centers, including, as a
minimum, signs of sufficient size with large enough
lettering to be easily seen and read, which
contains the following language:
WARNING
Use of abrasive material
(sandpaper, steel wool, drill disks and pads, etc.) in your home
to remove paint may increase the risk of
childhood lead poisoning. For more information please
contact the Rhode Island housing resources
commission or department of health.
SECTION 58.
Section 42-137-5 of the General Laws in Chapter 42-137 entitled "The
Select Commission on Race and Police-Community
Relations Act" is hereby amended to read as
follows:
42-137-5.
Duties. -- The select commission shall:
(a)(1)
Analyze and recommend changes that will improve police-community relations in
Rhode Island.
(b)(2)
Study and recommend changes needed to statutes, ordinances, institutional
policies, procedures and practices deemed
necessary to:
(1)(i)
Improve law enforcement work and accountability;
(2)(ii)
Reduce racism;
(3)(iii)
Enhance the administration of justice; and
(4)(iv)
Affect reconciliation between diverse segments of the statewide community.
(c)(3)
Study, recommend, promote and implement methods to achieve greater citizen
participation in law enforcement policy
development, review of law enforcement practices, and
advocacy for the needs of law enforcement
agencies, officers, and the public at large in the
prevention of crime, administration of justice
and public safety.
(d)(4)
Study, recommend, promote and assist in the incorporation of evolving homeland
security needs with effective models of
neighborhood-oriented community policing, crime
prevention and public safety.
(e)(5)
Promote greater understanding of the need to incorporate cultural diversity in
everyday as well as extraordinary activities
involving law enforcement, public safety and the
administration of justice.
(f)(6)
Analyze, review, recommend, assist in and monitor changes to police policies,
procedures and practices related to:
(1)(i)
Recruitment, hiring, promotion and training of police officers;
(2)(ii)
The level and quality of diversity training, sensitivity awareness and cultural
competency;
(3)(iii)
The level and quality of efforts related to building and improving overall
community relations;
(4)(iv)
The use of firearms by on-duty and off-duty police officers;
(5)(v)
The use of force, the use of excessive force or the excessive use of force;
(6)(vi)
The use of racial profiling and other forms of bias based policing; and
(7)(vii)
Legislation reforming police policies, practices, or procedures involving
community relations.
(g)(7)
To assist the select commission in its duties pursuant to subsection (f)(6),
all
police departments shall submit to the select
commission on an annual basis beginning on January
15, 2004, and for six (6) years thereafter, a report
indicating what action, if any has been taken, to
address any racial disparities in traffic stops
and/or searches documented in the study authorized
by sections 31-21.1-4 and 31-21.2-6, and to
otherwise implement any recommendations of that
study. The reports shall be public records.
(h)(8)
Collect and publish data regarding complaints of police misconduct pursuant to
section 31-21.2-8.
SECTION 59.
Sections 42-138-1, 42-138-2 and 42-138-3 of the General Laws in Chapter
42-138 entitled "The Rhode Island Abraham
Lincoln Bicentennial Commission" are hereby
amended to read as follows:
42-138-1.
Legislative findings. -- It is found and declared by the general
assembly as
follows:
(1) That Abraham
Lincoln, the sixteenth President of the United States, was one of this
nation's most outstanding leaders;
(2) That
Abraham Lincoln was born on February 12, 1809, to Thomas and Nancy Hanks
Lincoln, and rose from humble circumstances to
steer this nation through the Civil War, one of
the greatest crises of its history;
(3) That
President Lincoln was instrumental in ending slavery in these United States;
(4) That in
2009, this nation will celebrate the bicentennial of Abraham Lincoln's birth;
(5) That
the United States Congress has passed legislation to create the Abraham Lincoln
Bicentennial Commission to study and recommend
suitable federal activities to honor Abraham
Lincoln during his bicentennial year; and
(6) That it
is appropriate for the State of Rhode Island to honor and create activities
relating to Abraham Lincoln's visit to
Providence and Woonsocket, Rhode Island in 1860, to plan
and carry out its own bicentennial tributes to
Abraham Lincoln, and to coordinate those activities
with those of the federal government.
42-138-2.
Establishment of commission. – (a) There is created the State of
Rhode Island
Abraham Lincoln Bicentennial Commission, which
shall be associated with the Rhode Island
Historical Society for administrative purposes.
The commission shall be composed of twenty-one
(21) members, as follows:
(1) Two (2)
members of the House of Representatives, not more than one from the same
political party appointed by the Speaker of the
House;
(2) Two (2)
members of the Senate, not more than one from the same political party
appointed by the President of the Senate;
(3) One
member from the Rhode Island Council on the Humanities, appointed by the
Executive Director of the Council;
(4) One
member from the Economic Development Corporation, appointed by the
Executive Director;
(5) One
member from the Rhode Island Historical Society, appointed by the Executive
Director of that organization;
(6) One member
from the Historical Preservation and Heritage Commission, appointed
by the Executive Director of the Commission;
(7) One
member from the Rhode Island State Council on the Arts, appointed by the
Executive Director;
(8) One
member from the Heritage Harbor Museum, appointed by the Executive Director
of the museum;
(9) One
member from the Rhode Island Civil Rights Roundtable, appointed by the
Executive Director of that organization;
(10) One
member from the Lincoln Group of Boston, appointed by the President of that
organization;
(11) One
member from the Abraham Lincoln Bicentennial Commission established by
the United States Congress, appointed by the
concurrence of the chairs of that Commission;
(12) One
member from the Board of Regents for Elementary and Secondary Education,
appointed by the Chairperson of the Board;
(13) One
member from the Board of Governors for Higher Education, appointed by the
Chairperson of the Board;
(14) One
member from the John Hay Library of Special Collections at Brown University
which houses the McLellan Lincoln Collection,
appointed by the President of Brown University;
(15) One
member from the Providence Chapter of the NAACP, appointed by the
Executive Director of that organization; and
(16) Four
(4) public members from the state at large with a demonstrated interest in
history and substantial knowledge and
appreciation of Abraham Lincoln, appointed by the
Governor.
(b) The
chair of the commission shall be elected from among the membership by the
commission members.
42-138-3.
Powers and duties of commission. -- The State of Rhode Island Abraham
Lincoln Bicentennial Commission shall:
(a)(1)
Study and recommend activities that may be carried out by the State of Rhode
Island to honor Abraham Lincoln on the occasion
of the bicentennial anniversary of his birth;
(b)(2)
Educate Rhode Island residents and the nation about the life of Abraham Lincoln
and his visit to the State of Rhode Island;
(c)(3)
Assist local governments and organizations with planning, preparation, and
grant
applications for bicentennial events and
projects;
(d)(4)
Coordinate federal, state, and local bicentennial activities occurring in Rhode
Island;
(e)(5)
Plan and implement appropriate events, including celebrations and educational
initiatives to commemorate the bicentennial;
(f)(6)
Perform other duties as necessary to highlight Rhode Island's role in the life
of
Abraham Lincoln; and
(g)(7)
Seek federal grants and philanthropic support for bicentennial activities.
SECTION 60.
Sections 42-139-2 and 42-139-6 of the General Laws in Chapter 42-139
entitled "Executive Branch and Public
Corporation Lobbying" are hereby amended to read as
follows:
42-139-2.
Definitions. -- For the purpose of this chapter the following
definitions shall
apply:
(1) (a)(i)
"Lobbying" means acting directly or soliciting others to act for the
purpose of
promoting, opposing, or influencing: (i)(A)
any policy-making decisions or policy-making
actions of the executive branch of government or
of public corporations; or (ii)(B) any decisions
or actions on the part of the executive branch
of government or any public corporation involving
the sale, lease or other alienation or
encumbrance of any real property owned or leased by the
state or any public corporation.
(b)(ii)
None of the following activities shall constitute "lobbying" for
purposes of this
chapter:
(i)(A)
Participation in or attendance at a rally, protest or other public assemblage
organized for the expression of political or
social views, positions or beliefs;
(ii)(B)
The solicitation of information about the rules, procedures, forms, programs or
requirements of a department, agency, board,
commission or public corporation;
(iii)(C)
Advocacy in connection with matters involving the determination of the rights,
duties or obligations of an individual made on a
case-by-case basis;
(iv)(D)
The issuance and dissemination of any publication, including data, research or
analysis on public policy issues that is
available to the general public, and including also any
news media reports, editorials, commentary or
advertisements;
(v)(E)
Participation in a governmental advisory committee or task force;
(vi)(F)
Representation of one's own, wholly owned business entity;
(vii)(G)
Participation in a bid conference or responding to request for proposals issued
by a state agency or department or by a public
corporation;
(viii)(H)
Responding to a subpoena or to a request for information made by a state
agency or department or by a public corporation;
(ix)(I)
Representation of a client in connection with the granting or denial of a
permit,
license or benefit, or with potential
disciplinary action against the client; or
(x)(J)
Participation in any proceeding pursuant to chapter 35 of this title.
(2) (a)(i)
"Lobbyist" means a person who is employed and receives payment, or
who
contracts for economic compensation, for the
purpose of lobbying, or a person who is principally
employed for governmental affairs by another
person or governmental entity to lobby on behalf
of that other person or governmental entity.
(b)(ii)
None of the following persons shall be deemed a "lobbyist" for
purposes of this
chapter:
(i)(A)
A member of the Rhode Island Bar participating in an administrative or judicial
proceeding;
(ii)(B)
A qualified expert witness testifying in an administrative proceeding;
(iii)(C)
An employee of any branch of federal, state or local government or of any
public
corporation to the extent that he or she seeks
only to influence or affect decisions or actions of
other governmental entities and public
corporations solely on its own behalf;
(iv)(D)
Any member of the general assembly, any general officer of the state, any head
of any executive department of state government,
and any judge of this state acting in his or her
official capacity.
(3)
"Compensation" means any remuneration received or to be received for
services
rendered as a lobbyist, whether in the form of a
fee, salary, forbearance, forgiveness,
reimbursement for expenses, or any other form of
recompense, and any combination thereof.
Where lobbying is incidental to a person's
regular employment, his or her compensation for
lobbying shall be reported as such and the
lobbyist shall record the dollar amount of that portion
of his or her compensation that is attributed to
the time spent pursuing lobbying activities. In such
instances, it shall not be necessary to disclose
one's total salary or the percentage of one's time
spent on lobbying. The lobbyist shall be
required to disclose only his or her best good faith
estimate of the dollar amount of which
corresponds to the portion of his or her time spent on
lobbying activities.
(4)
"Person" means an individual, firm, business, corporation,
association, partnership,
or other group.
(5) "Public
corporation" means a corporate entity within the purview of sections
35-18-
2(9) and 35-20-5(4) which is considered a
governmental agency but which has a distinct legal
existence from the state or any municipality,
does not constitute a department of state or
municipal government, and has the ability to sue
or be sued in its own name.
42-139-6.
Financial reports. -- (a) (1) Every person, corporation, or
association that
engages any person to act as a lobbyist concerning
executive or public corporation matters, and
the lobbyist, shall individually file with the
secretary of state a complete and detailed report of all
compensation paid to the lobbyist for lobbying,
including the total amount expended for lobbying
purposes, and an itemization of any expenditure,
gift, or honorarium of twenty-five dollars
($25.00) or more for each occurrence paid or
incurred by the person, corporation, or association
or lobbyist for the specific purpose of
promoting or opposing in any manner action by members
of the executive branch or of public
corporations. These reports shall include the names of the
persons receiving or in whose behalf the
expenditures have been made, and the reason, time, and
place of the expenditures.
(2)(b)
The initial report shall be filed by the person, corporation, or association
having
engaged any person to act as a lobbyist and by
the lobbyist at the time of their initial registration,
and updated reports shall be filed with the
secretary of state semi-annually. The updated reports
shall be filed no later than thirty (30) days
after the end of each reporting period, and shall include
expenditures for the period from January 1
through June 30, and July through December 31,
respectively.
(3)(c)
All reports shall be on a form prescribed by the secretary of state, and the
reports
shall be open for public inspection.
(4)(d)
In the event no compensation has been paid or received, and no expenses have
been paid or incurred, an annual statement to
that effect may be filed with the secretary of state in
lieu of the report form.
SECTION 61.
Section 45-9-3 of the General Laws in Chapter 45-9 entitled "Budget
Commissions" is hereby amended to read as
follows:
45-9-3.
Budget and Review Commission. -- (a) (1) Notwithstanding the provisions
of
sections 45-9-1 and 45-9-2 or any other general
or special laws of the state or charter provisions,
the general assembly vests in the director of
the state department of administration (hereinafter
"director") the power to authorize,
create, and establish a budget and review commission in any
town or city where the director finds that the
town or city's bond rating has been assigned by one
or more recognized rating agencies to a rating
which is below investment grade and there is an
imminent threat of default on any or all of its
debt obligations.
(2) Whereupon the
director shall authorize said budget and review commission, to
convene specifically to deal with the
aforementioned town or city, that shall consist of the chief
executive officer of the town or city; the
president of the town or city council; three (3) public
members from the affected municipality, at least
one of whom shall be qualified by training or
experience in the fields of finance or
accounting, to be appointed by the governor, with the advice
and consent of the senate; two (2) ex-officio
state officials who shall be the director, or his or her
designee from the department of administration; and
one member of the public finance
management board to be appointed by the governor
who, in making his or her appointment, shall
give due consideration to the recommendation of
the chair of the public finance management
board, with the advice and consent of the
senate.
(3) No one shall
be eligible for appointment unless he or she is a resident of this state.
(4) Where there
is no chief executive officer of the town or city, the vice president of the
town council or city council shall serve on the
commission. The director of the state department
of administration shall serve as chair of the
commission.
(5) The
commission may elect from among its members such other officers as they deem
necessary.
(6) Four (4) or
more members of the commission shall constitute a quorum and the vote
of a majority of said quorum at any meeting
shall be required for action. No vacancy in the
membership of the commission shall impair the
right of a quorum to exercise all of the rights and
perform all of the duties of the commission.
(7) Newly
appointed and qualified commission members of the municipality shall,
within six (6) weeks of their qualification or
designation, attend a training course that is
developed with commission approval and conducted
by the chair or his or her designee and shall
include instruction in the subject area of
chapter 9 of this title and chapters 46 of title 42, chapter
14 of title 36, and chapter 2 of title 38 of
Rhode Island general laws; and the commission's rules
and regulations.
(8) Public
members of the commission shall be removable by the governor pursuant to
section 36-1-7 for cause only, and removal
solely for partisan or personal reasons unrelated to
capacity or fitness for the office shall be unlawful.
(9) The powers of
the budget and review commission shall be to impose taxes and to
make appropriations for the expenditure of
moneys, for the purpose of adopting a budget and, for
the purpose of maintaining a balanced budget,
the budget and review commission shall make
reductions or suspensions in the appropriations
to any or all departments, offices or other
agencies of town or city government as will
prevent a deficit for the fiscal year. The budget and
review commission shall be subject to the open
meetings and open records law. The budget and
review commission shall remain in office until
that time as the chief executive officer of the town
or city and the town or city council petitions
the director of the state department of administration
to disband the budget and review commission.
(b) (1) The
budget and review commission shall commence its work by examining the
financial and operating condition of the city or
town and shall also advise the chief executive
officer, city or town council and the fiscal
officials of the city or town on the formulation of
adequate budget and budgetary controls.
(2) Reporting
Requirements. - Within ninety (90) days of its being disbanded as
provided for in section 45-9-3(a)(10)(9),
the budget and review commission shall approve and
issue a report detailing its findings and
recommendations. This report shall be submitted to the
governor, the speaker of the house of
representatives, the president of the senate, and the
secretary of state of its activities during that
fiscal year. The report shall provide: an operating
statement summarizing meetings or hearings held,
subjects addressed, decisions rendered, rules or
regulations promulgated, studies conducted,
policies and plans developed, approved, or modified,
and programs administered or initiated; a
consolidated financial statement of all funds received
and expended including the source of the funds,
a listing of any staff supported by these funds,
and a summary of any clerical, administrative or
technical support received; a summary of
performance during the course of its existence,
including accomplishments, shortcomings and
remedies; a synopsis of hearings, complaints,
suspensions, or other legal matters related to the
authority of the board; a summary of any
training courses held pursuant to section 45-9-3(a)(7); a
briefing on anticipated activities in the
upcoming fiscal year; and findings and recommendations
for improvements. The report shall be posted
electronically on the general assembly and the
secretary of state's websites as prescribed in
section 42-20-8.2.
(3) The
examination and report shall be completed and published no sooner than three
(3) weeks after the formation of the budget and
review commission. The commission shall
exercise any of the powers set forth in this
section only after the examination and publication of
the commission's report.
SECTION 62.
Section 46-25-10 of the General Laws in Chapter 46-25 entitled
"Narragansett Bay Commission" is
hereby amended to read as follows:
46-25-10.
Acquisition of facilities from municipalities. -- (a) The commission
shall
acquire the city of Providence Fields Point
sewage treatment plant, as well as interceptors,
combined sewer overflow facilities, force mains,
and appurtenant facilities, and the land,
property, easements, and other interests in
property from municipalities within the district as may
be necessary or desirable in its discretion to
carry out the duties under this chapter.
(b) The
acquisition of the treatment plant, facilities, interceptors, combined sewer
overflow facilities, mains, and other
appurtenant facilities, and the lands, property, easements, or
other interests in property shall be paid for
solely by user charges and fees to be assessed by the
commission in accordance with this chapter. As
part of the acquisition, the commission may
agree to assume payment of financial obligation
debt service liabilities of the city of Providence
for long term bonded debt, that is, for debt
with maturity schedules of not less than twenty (20)
years incurred for capital improvement of the
sewage treatment facilities, as determined in the
sole discretion of the commission, pursuant to
findings of the auditor general, in an amount not to
exceed fourteen million dollars ($14,000,000);
provided, however, that the payment of the debt
service liabilities shall be paid solely out of
user charges and fees to be assessed by the
commission in accordance with this chapter. User
charges assessed pursuant to this section shall
be in addition to those charges under the
authority of section 46-25-5(i)(9), and shall be
reasonable and just and subject to the approval
of the public utilities commission.
SECTION 63.
Sections 24-10-18 and 24-10-20 of the General Laws in Chapter 24-10
entitled "Freeways" are hereby amended
to read as follows:
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 and shall
be punished by a fine of not more than fifty
dollars ($50.00) seventy-five dollars ($75.00).
24-10-20.
Park and ride lots. -- Park and ride lots, also known as fringe and
transportation corridor parking facilities, are
facilities which are intended to be used for the
temporary parking of passenger vehicles and
which are located and designed so as to facilitate the
safe and convenient transfer of persons
traveling in passenger vehicles to and from high
occupancy vehicles and/or public mass
transportation systems including rail. Any other vehicle
parked and/or property, including but not
limited to, boats or commercial type trailer boxes,
stored at those lots will be fined and towed at
owner's expense. State and local law enforcement
officials have authority to ticket and tow any
vehicles under this statute and the fines shall be fifty
dollars ($50.00) seventy-five dollars
($75.00) per occurrence.
SECTION 64. Section
31-16-6.1 of the General Laws in Chapter 31-16 entitled "Starting,
Stopping, and Turns" is hereby amended to
read as follows:
31-16-6.1.
Penalties. -- Any person who violates the provisions of section 31-16-2
pertaining to the right-of-way of pedestrians,
upon conviction, shall be sentenced to pay a fine of
not more than fifty dollars ($50.00) seventy-five
($75.00).
SECTION 65.
Sections 31-17-1, 31-17-2, 31-17-3, 31-17-4, 31-17-5 and 31-17-5.1 of the
General Laws in Chapter 31-17 entitled
"Right-of-Way" are hereby amended to read as follows:
31-17-1.
Right-of-way in absence of signs or signals. -- (a) The driver of a
vehicle
approaching an intersection shall yield the
right-of-way to a vehicle which has entered the
intersection from a different highway.
(b) When two
vehicles enter an intersection from different highways at approximately
the same time, the driver of the vehicle on the
left shall yield the right-of-way to the vehicle on
the right.
(c) The
right-of-way rules declared in subsections (a) and (b) of this section are
modified
at through highways and otherwise as stated in
this chapter.
(d) Violations
of this section are subject to the fines enumerated in section 31-41.1-4.
31-17-2. Vehicle
turning left or right. -- The driver of a vehicle within an
intersection
intended to turn to the left or right shall
yield the right-of-way to any vehicle approaching from
the opposite direction which is within the
intersection or so close to it as to constitute an
immediate hazard, or shall yield to a pedestrian
intending to cross within a crosswalk which the
driver of the vehicle must travel to make the
left or right turn. The driver, having so yielded and
having given a signal when and as required by
chapter 16 of this title, may make the left or right
turn, and the drivers of all other vehicles
approaching the intersection from the opposite direction
shall yield the right of way to the vehicle
making the left or right turn. Violations of this section
are subject to the fines enumerated in section
31-41.1-4.
31-17-3.
Intersection with through highway. -- The driver of a vehicle shall
stop at the
entrance to a through highway and shall yield
the right-of-way to other vehicles which have
entered the intersection from the through
highway, or which are approaching so closely on the
through highway as to constitute an immediate
hazard, but the driver having so yielded may
proceed and the drivers of all other vehicles
approaching the intersection on the through highway
shall yield the right- of-way to the vehicle so
proceeding into or across the through highway.
Violations of this section are subject to the
fines enumerated in section 31-41.1-4.
31-17-4.
Vehicle entering stop or yield intersection. -- (a) Preferential
right-of-way at
an intersection may be indicated by stop signs
or yield signs.
(b) Except when
directed to proceed by a police officer or traffic-control signal, every
driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop at a clearly
marked stop line, but if none, before entering
the crosswalk on the near side of the intersection,
or, if none, then at the point nearest the
intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway
before entering the intersection. After having
stopped, the driver shall yield the right-of-way
to any pedestrian intending to cross the lane of
traffic in a crosswalk or any vehicle which has entered
the intersection from another highway or
which is approaching so closely on the highway
as to constitute an immediate hazard during the
time when the driver is moving across or within
the intersection.
(c) The driver of
a vehicle approaching a yield sign shall, in obedience to the sign, slow
down to a speed reasonable for the existing
conditions and, if required for safety to stop, shall
stop at a clearly marked stop line, but if none,
before entering the crosswalk on the near side of
the intersection, or, if none, then at the point
nearest the intersecting roadway where the driver
has a view of approaching traffic on the
intersecting roadway. After slowing or stopping, the
driver shall yield the right-of-way to any
pedestrian intending to cross the lane of traffic in a
crosswalk or any vehicle in the intersection or
approaching on another highway so closely as to
constitute an immediate hazard during the time
the driver is moving across or within the
intersection.
(d) Violations of
this section are subject to the fines enumerated in section 31-41.1-4.
31-17-5.
Entering from private road or driveway. -- The driver of a vehicle
about to
enter or cross a highway from a private road or
driveway shall yield the right-of-way to all
vehicles approaching on the highway and to all
pedestrians attempting to cross the private road
driveway or highway. Violations of this
section are subject to the fines enumerated in section 31-
41.1-4
31-17-5.1.
Penalties. -- Any person who violates any provision of sections 31-17-1
-- 31-
17-5, pertaining to the right- of-way of
pedestrians, upon conviction, shall be sentenced to pay a
fine of not more than fifty dollars ($50.00).
seventy-five ($75.00).
SECTION 66. This
act shall take effect upon passage.
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LC01537/SUB
B
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