ARTICLE 10 SUBSTITUTE
A
RELATING TO
JUDICIAL ARBITRATION FEES
SECTION
1. Section 8-6-5 of the General Laws in Chapter 8-6 entitled “General
Powers
of Supreme and Superior Courts” is hereby amended to
read as follows:
8-6-5. Arbitration of civil actions. – The
presiding justice of the superior court may
promulgate rules and regulations providing for compulsory and/or
noncompulsory nonbinding
arbitration of such category or categories of civil actions filed
in or appealed to the superior court
as he or she shall determine. The matter shall be heard
by a single arbitrator who shall be selected
by mutual agreement of the plaintiff(s) and
defendant(s). If after thirty (30) days the plaintiff(s)
and defendant(s) are unable to agree upon the selection
of an arbitrator, a justice of the superior
court shall select the arbitrator upon request in writing
from either party. The costs of arbitration
shall be borne by the
to exceed three hundred dollars ($300) per case may be
assessed and apportioned to each of the
parties by the superior court pursuant to rules and
regulations promulgated by the presiding
justice of the superior court consistent with § 8-6-6. The
assessed costs received from the parties
shall be deposited into the general fund. Any party
dissatisfied with the decision of the arbitrator
may demand a trial by jury if one was timely claimed in
the complaint or answer, or a trial by
judge if no jury trial was claimed. The decision of the
arbitrator shall not be admissible at the
trial. The court may require a party who rejects an
arbitrator's award and demands a trial to post a
two hundred dollar ($200) filing fee. The filing fee
shall be posted with the superior court clerk
and deposited into the general fund an
arbitration fund restricted receipt account established
under the control of the state court director of finance.
The arbitration funds shall not be subject
to the indirect cost recoveries provisions set forth in
§ 35-4-27. If more than one party
rejects the
arbitrator's award and demands a trial, the filing fee shall be
apportioned amongst them. Should
the verdict at trial be more favorable to the party than
the arbitrator's award, the filing fee shall be
reimbursed to that party. Should the verdict be equal to or less
favorable to the party than the
arbitrator's award, the filing fee posted shall be forfeited as a
sanction. If forfeited as a sanction
the fee shall remain available to the general fund.
for program expenses from the arbitration
fund
restricted receipt account. The presiding justice of the superior court shall be authorized to
retain
the services of qualified arbitrators and to direct
payment for such services and other related
expenses from the arbitration fund restricted receipt account
and may appoint an administrator of
the arbitration program for a ten (10) year term and
until a successor is appointed and qualified.
SECTION
2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State
Funds” is hereby amended to read as follows:
35-4-27. Indirect cost recoveries on restricted receipt
accounts. – Indirect cost
recoveries of ten percent (10%) of cash receipts shall be
transferred from all restricted receipt
accounts, to be recorded as general revenues in the general
fund. However, there shall be no
transfer from cash receipts with restrictions received
exclusively: (1) from contributions from
non-profit charitable organizations; (2) from the assessment of
indirect cost recovery rates on
federal grant funds; or (3) through transfers from state
agencies to the department of
administration for the payment of debt service. These indirect cost
recoveries shall be applied to
all accounts, unless prohibited by federal law or
regulation, court order, or court settlement. The
following restricted receipt accounts shall not be subject to
the provisions of this section:
Department of Human
Services
Veterans' home – Restricted account
Veterans' home – Resident benefits
Organ
transplant fund
Veteran's Cemetery Memorial Fund
Department of Health
Pandemic medications and equipment account
Department of Mental
Health, Retardation and Hospitals
Hospital Medicare Part D Receipts
RICLAS Group Home Operations
Department of
Environmental Management
National heritage revolving fund
Environmental response fund II
Underground storage tanks
Art
for public facilities fund
Historic preservation revolving loan fund
Historic Preservation loan fund – Interest revenue
State Police
Forfeited property – Retained
Forfeitures – Federal
Forfeited property – Gambling
Donation – Polygraph and Law Enforcement Training
Attorney General
Forfeiture of property
Federal forfeitures
Attorney General multi-state account
Department of
Administration
Restore and
replacement – Insurance coverage
Convention Center Authority rental payments
Investment Receipts – TANS
Car
Rental Tax/Surcharge-Warwick Share
OPEB
System Restricted Receipt Account
Legislature
Audit
of federal assisted programs
Department of Elderly
Affairs
Pharmaceutical Rebates Account
Department of Children
Youth and Families
Children's Trust Accounts – SSI
Military Staff
RI
Military Family Relief Fund
Treasury
Admin. Expenses – State Retirement System
Retirement – Treasury Investment Options
Business Regulation
Banking Division Reimbursement Account
Office of the Health
Insurance Commissioner Reimbursement Account
Securities Division Reimbursement Account
Commercial Licensing and Racing and Athletics Division Reimbursement
Account
Insurance Division Reimbursement Account
Historic Preservation
Tax Credit Account
Judiciary
Arbitration Fund
Restricted Receipt Account
SECTION
3. This article shall take effect as of July 1, 2009.