Chapter 239
2010 -- H 7893 SUBSTITUTE A
Enacted 06/25/10
A N A C T
RELATING TO
STATUTES AND STATUTORY CONSTRUCTION
Introduced By: Representatives Mattiello, and Watson
Date Introduced: March 10, 2010
It is enacted by the General
Assembly as follows:
SECTION
1. Section 16-16-12 of the General Laws in Chapter 16-16 entitled
"Teachers'
Retirement" is hereby
amended to read as follows:
16-16-12.
Procedure for service retirement. -- (a) Retirement of a member
on a service
retirement allowance shall be made by the retirement
board as follows:
(1)(a)(i) Any member may retire upon his or her written
application to the retirement
board as of the first day of the calendar month in
which the application was filed, provided the
member was separated from service prior to filing the
application, and further provided however,
that if separation from service occurs during the
month in which the application is filed, the
effective date shall be the first day following the
separation from service, and provided further
that the member on retirement date has attained the
age of sixty (60) years and has completed at
least ten (10) years of contributory service on or
before July 1, 2005, or regardless of age has
completed twenty-eight (28) years of total service and
has completed at least ten (10) years of
contributory service on or before July 1, 2005, and
who retire before October 1, 2009 or are
eligible to retire as of September 30, 2009.
(ii) For teachers who become
eligible to retire on or after October 1, 2009, benefits are
available to teachers who have attained the age of
sixty-two (62) and completed at least ten (10)
years of contributory service. For teachers in service
as of October 1, 2009 who were not eligible
to retire as of September 30, 2009, the minimum
retirement age of sixty-two (62) will be adjusted
downward in proportion to the amount of service the
member has earned as of September 30,
2009. The proportional formula shall work as follows:
(1)(A)
The formula shall determine the first age of retirement eligibility under the
laws
in effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age
of sixty-two (62).
(2)(B)
The formula shall then take the teacher's total service credit as of September
30,
2009 as the numerator and the years of service credit
determined under (1)(A) as the
denominator.
(3)(C)
The fraction determined in (2)(B) shall then be multiplied by the
age difference in
(1)(A) to apply a reduction in years from age sixty-two
(62).
(b) (i) Any member, who has not completed at least ten (10)
years of contributory
service on or before July 1, 2005, may retire upon his
or her written application to the retirement
board as of the first day of the calendar month in
which the application was filed; provided, the
member was separated from service prior thereto; and
further provided, however, that if
separation from service occurs during the month in
which application is filed, the effective date
shall be the first day following that separation from
service; provided, the member on his or her
retirement date had attained the age of fifty-nine
(59) and had completed at least twenty-nine (29)
years of total service; or provided, that the member
on his or her retirement date had attained the
age of sixty-five (65) and had completed at least ten
(10) years of contributory service; or
provided, that the member on his or her retirement
date had attained the age of fifty-five (55) and
had completed twenty (20) years of total service and
provided, that the retirement allowance, as
determined according to the formula in section
16-16-13 is reduced actuarially for each month
that the age of the member is less than sixty-five
(65) years and who retire before October 1, 2009
or are eligible to retire as of September 30, 2009.
(ii) For teachers who
become eligible to retire on or after October 1, 2009, benefits are
available to teachers who have attained the age of sixty-two
(62) and have completed at least
twenty-nine (29) years of total service or have
attained the age of sixty-five (65) and completed at
least ten (10) years of contributory service. For
teachers in service as of October 1, 2009 who
were not eligible to retire as of September 30, 2009,
who have a minimum retirement age of
sixty-two (62), the retirement age will be adjusted
downward in proportion to the amount of
service the member has earned as of September 30,
2009. The proportional formula shall work as
follows:
(1)(A)
The formula shall determine the first age of retirement eligibility under the
laws
in effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age
of sixty-two (62).
(2)(B)
The formula shall then take the teacher's total service credit as of September
30,
2009 as the numerator and the years of service credit
determined under (1)(A) as the
denominator.
(3)(C)
The fraction determined in (2)(B) shall then be multiplied by the
age difference
determined in (1)(A) to apply a
reduction in years from age sixty-two (62).
(2)(c)
Any member also paying into the retirement system under the provisions of
chapter 9 of title 36 shall not be disqualified from
receiving benefits provided by that chapter and
the provisions of this chapter simultaneously.
(3) (i)(d) (1) Except as specifically provided in
sections 36-10-9.1, 36-10-12 through 36-
10-15, and 45-21-19 through 45-21-22, no member shall
be eligible for pension benefits under
this chapter unless the member shall have been a
contributing member of the employees'
retirement system for at least ten (10) years.
(ii)(2)
Provided, however, a person who has ten (10) years service credit shall be
vested.
(iii)(3)
Furthermore, any past service credits purchased in accordance with section
36-9-
38 shall be counted towards vesting.
(iv)(4)
Any person who becomes a member of the employees' retirement system
pursuant to section 45-21-8 shall be considered a
contributing member for the purpose of chapter
21 of title 45 and this chapter.
(v)(5)
Notwithstanding any other provision of law, no more than five (5) years of
service
credit may be purchased by a member of the system. The
five (5) year limit shall not apply to any
purchases made prior to January 1, 1995. A member who
has purchased more than five (5) years
of service credit before January 1, 1995, shall be
permitted to apply the purchases towards the
member's service retirement. However, no further
purchase will be permitted. Repayment, in
accordance with applicable law and regulation, of any
contribution previously withdrawn from
the system shall not be deemed a purchase of service
credit.
(4)(e) No
member of the teachers' retirement system shall be permitted to purchase
service credits for casual or seasonal employment, for
employment as a page in the general
assembly, or for employment at any state college or
university while the employee is a student or
graduate of the college or university.
(5)(f)
Except as specifically provided in sections 16-16-6.2 and 16-16-6.4, a member
shall not receive service credit in this retirement
system for any year or portion of a year which
counts as service credit in any other retirement
system in which the member is vested or from
which the member is receiving a pension and/or any
annual payment for life. This subsection
shall not apply to any payments received pursuant to
the federal Social Security Act, 42 U.S.C.
section 301 et seq.
(6)(g) A
member who seeks to purchase or receive service credit in this retirement
system shall have the affirmative duty to disclose to
the retirement board whether or not he or she
is a vested member in any other retirement system
and/or is receiving a pension, retirement
allowance, or any annual payment for life. The
retirement board shall have the right to investigate
as to whether or not the member has utilized the same
time of service for credit in any other
retirement system. The member has an affirmative duty
to cooperate with the retirement board
including, by way of illustration and not by way of
limitation, the duty to furnish or have
furnished to the retirement board any relevant
information that is protected by any privacy act.
(7)(h) A
member who fails to cooperate with the retirement board shall not have the time
of service credit counted toward total service credit
until the time the member cooperates with the
retirement board and until the time the retirement
board determines the validity of the service
credit.
(8)(i) A member who knowingly makes a false statement to
the retirement board
regarding service time or credit shall not be entitled
to a retirement allowance and is entitled only
to the return of his or her contributions without
interest.
SECTION
2. Section 19-14-1 of the General Laws in Chapter 19-14 entitled "Licensed
Activities" is hereby
amended to read as follows:
19-14-1.
Definitions. -- Unless otherwise specified, the following terms shall
have the
following meanings throughout chapters 14.1, 14.2,
14.3, 14.4, 14.6, 14.8 and 14.10 of this title:
(1) "Check"
means any check, draft, money order, personal money order, or other
instrument for the transmission or payment of money.
For the purposes of check cashing,
travelers checks or foreign denomination instruments
shall not be considered checks. "Check
cashing" means providing currency for checks;
(2) "Deliver"
means to deliver a check to the first person who in payment for the check
makes or purports to make a remittance of or against
the face amount of the check, whether or not
the deliverer also charges a fee in addition to the
face amount, and whether or not the deliverer
signs the check;
(3) "Electronic
money transfer" means receiving money for transmission within the
United States or to locations abroad by any means
including, but not limited to, wire, facsimile or
other electronic transfer system;
(4) (i) "Lender" means any person who makes or funds a
loan within this state with the
person's own funds, regardless of whether the person
is the nominal mortgagee or creditor on the
instrument evidencing the loan;
(ii) A loan is made or
funded within this state if any of the following conditions exist:
(A) The loan is secured
by real property located in this state;
(B) An application for
a loan is taken by an employee, agent, or representative of the
lender within this state;
(C) The loan closes
within this state;
(D) The loan
solicitation is done by an individual with a physical presence in this state;
or
(E) The lender
maintains an office in this state.
(iii) The term
"lender" shall also include any person engaged in a transaction
whereby
the person makes or funds a loan within this state
using the proceeds of an advance under a line
of credit over which proceeds the person has dominion
and control and for the repayment of
which the person is unconditionally liable. This
transaction is not a table funding transaction. A
person is deemed to have dominion and control over the
proceeds of an advance under a line of
credit used to fund a loan regardless of whether:
(A) The person may,
contemporaneously with or shortly following the funding of the
loan, assign or deliver to the line of credit lender
one or more loans funded by the proceeds of an
advance to the person under the line of credit;
(B) The proceeds of an
advance are delivered directly to the settlement agent by the line
of credit lender, unless the settlement agent is the
agent of the line of credit lender;
(C) One or more loans
funded by the proceeds of an advance under the line of credit is
purchased by the line of credit lender; or
(D) Under the
circumstances as set forth in regulations adopted by the director or the
director's designee pursuant to this chapter;
(5)
"Licensee" means any person licensed under this chapter;
(6) "Loan"
means any advance of money or credit including, but not limited to:
(i)
Loans secured by mortgages;
(ii) Insurance premium
finance agreements;
(iii) The purchase or
acquisition of retail installment contracts or advances to the holders
of those contracts;
(iv) Educational loans;
(v) Any other advance
of money; or
(vi) Any transaction
such as those commonly known as "pay day loans," "pay day
advances," or "deferred presentment
loans," in which a cash advance is made to a customer in
exchange for the customer's personal check, or in
exchange for the customer's authorization to
debit the customer's deposit account, and where the
parties agree either that the check will not be
cashed or deposited, or that customer's deposit
account will not be debited, until a designated
future date.
(7) "Loan
broker" means any person who, for compensation or gain, or in the
expectation
of compensation or gain, either directly or indirectly,
solicits, processes, negotiates, places or sells
a loan within this state for others in the primary
market, or offers to do so. A loan broker shall
also mean any person who is the nominal mortgagee or
creditor in a table funding transaction. A
loan is brokered within this state if any of the
following conditions exist:
(i)
The loan is secured by real property located in this state;
(ii) An application for
a loan is taken or received by an employee, agent or representative
of the loan broker within this state;
(iii) The loan closes
within this state;
(iv) The loan
solicitation is done by an individual with a physical presence in this state;
or
(v) The loan broker
maintains an office in this state.
(8) "Personal money
order" means any instrument for the transmission or payment of
money in relation to which the purchaser or remitter
appoints or purports to appoint the seller as
his or her agent for the receipt, transmission, or
handling of money, whether the instrument is
signed by the seller or by the purchaser or remitter
or some other person;
(9) "Primary
market" means the market in which loans are made to borrowers by lenders,
whether or not through a loan broker or other conduit;
(10) "Principal owner"
means any person who owns, controls, votes or has a beneficial
interest in, directly or indirectly, ten percent (10%)
or more of the outstanding capital stock
and/or equity interest of a licensee;
(11) "Sell"
means to sell, to issue, or to deliver a check;
(12) "Small
loan" means a loan of less than five thousand dollars ($5,000), not
secured
by real estate, made pursuant to the provisions of
chapter 14.2 of this title;
(13) "Small loan
lender" means a lender engaged in the business of making small loans
within this state;
(14) "Table
funding transaction" means a transaction in which there is a
contemporaneous advance of funds by a lender and an
assignment by the mortgagee or creditor of
the loan to the lender;
(15) "Check
casher" means a person or entity that, for compensation, engages, in whole
or in part, in the business of cashing checks;
(16) "Deferred
deposit transaction" means any transaction such as those commonly
known as "pay-day loans," "pay-day advances,"
or "deferred presentment loans" in which a cash
advance is made to a customer in exchange for the
customer's personal check or in exchange for
the customer's authorization to debit the customer's
deposit account and where the parties agree
either that the check will not be cashed or deposited,
or that the customer's deposit account will
not be debited until a designated future date;
(17) "Insurance
premium finance agreement" means an agreement by which an insured,
or prospective insured, promises to pay to an
insurance premium finance company the amount
advanced or to be advanced, under the agreement to an
insurer or to an insurance producer, in
payment of a premium or premiums on an insurance
contract or contracts, together with interest
and a service charge, as authorized and limited by
this title;
(18) "Insurance
premium finance company" means a person engaged in the business of
making insurance premium finance agreements or
acquiring insurance premium finance
agreements from other insurance premium finance
companies;
(19) "Simple
interest" means interest computed on the principal balance outstanding
immediately prior to a payment for the actual number
of days between payments made on a loan
over the life of a loan;
(20) "Nonprofit
organization" means a corporation qualifying as a 26 U.S.C. section
501(c)(3) nonprofit organization, in the operation of
which no member, director, officer, partner,
employee, agent, or other affiliated person profits
financially other than receiving reasonable
salaries if applicable;
(21) "Mortgage
loan originator" has the same meaning set forth in subdivision 19-14.10-
3(6);
(22) "Mortgage
loan" means a loan secured in whole or in part by real property located
in this state;
(23) "Loan
solicitation" shall mean an effectuation, procurement, delivery and offer,
and
advertisement of a loan. Loan solicitation also
includes providing or accepting loan applications
and assisting persons in completing loan applications and/or
advising, conferring, or informing
anyone regarding the benefits, terms and/or conditions
of a loan product or service. Loan
solicitation does not include loan processing or loan
underwriting as defined in this section. Loan
solicitation does not include telemarketing which is
defined for purposes of this section to mean
contacting a person by telephone with the intention of
collecting such person's name, address and
telephone number for the sole purpose of allowing a
mortgage loan originator to fulfill a loan
inquiry;
(24)
"Processes" shall mean, with respect to a loan, any of a series of
acts or functions
including the preparation of a loan application and
supporting documents performed by a person
which leads to or results in the acceptance, approval,
denial, and/or withdrawal of a loan
application, including, without limitation, the
rendering of services including loan underwriting,
obtaining verifications, credit reports or appraisals,
communicating with the applicant and/or the
lender or loan broker, and/or other loan processing
and origination services for consideration by a
lender or loan broker. Loan processing does not
include the following:
(A)(i) Providing loan closing services;
(B)(ii)
Rendering of credit reports by an authorized credit reporting agency; and
(C)(iii)
Rendering of appraisal services.
(25) "Loan
underwriting" shall mean a loan process that involves the analysis of risk
with respect to the decision whether to make a loan to
a loan applicant based on credit,
employment, assets, and other factors including
evaluating a loan applicant against a lender's
various lending criteria for creditworthiness, making
a determination for the lender as to whether
the applicant meets the lender's pre-established
credit standards and/or making a recommendation
regarding loan approval;
(26)
"Negotiates" shall mean, with respect to a loan, to confer directly
with or offer
advice directly to a loan applicant or prospective
loan applicant for a loan product or service
concerning any of the substantive benefits, terms, or
conditions of the loan product or service;
(27) "Natural
person employee" shall mean any natural person performing services as a
bona-fide employee for a person licensed under the
provisions of
section 19-14-1, et. seq., in return for a salary,
wage, or other consideration, where such salary,
wage, or consideration is reported by the licensee on
a federal form W-2 payroll record. The term
does not include any natural person or business entity
performing services for a person licensed
under the provisions of
consideration, where such salary, wage, or
consideration is reported by the licensee on a federal
form 1099;
(28) "Bona-fide
employee" shall mean an employee of a licensee who works under the
oversight and supervision of the licensee;
(29) "Oversight
and supervision of the licensee" shall mean that the licensee provides
training to the employee, sets the employee's hours of
work, and provides the employee with the
equipment and physical premises required to perform
the employee's duties;
(30) "Operating
subsidiary" shall mean a majority-owned subsidiary of a financial
institution or banking institution that engages only
in activities permitted by the parent financial
institution or banking institution;
(31) "Provisional
employee" means a natural person who, pursuant to a written
agreement between the natural person and a wholly
owned subsidiary of a financial holding
company, as defined in The Bank Holding Company Act of
1956, as amended, a bank holding
company, savings bank holding company, or thrift
holding company, is an exclusive agent for the
subsidiary with respect to mortgage loan originations,
and the subsidiary: (a) holds a valid loan
broker's license and (b) enters into a written
agreement with the director or the director's designee
to include:
(i)
An "undertaking of accountability" in a form prescribed by the
director or the
director's designee, for all of the subsidiary's
exclusive agents to include full and direct financial
and regulatory responsibility for the mortgage loan
originator activities of each exclusive agent as
if said exclusive agent was an employee of the
subsidiary;
(ii) A business plan to
be approved by the director or the director's designee, for the
education of the exclusive agents, the handling of
consumer complaints related to the exclusive
agents, and the supervision of the mortgage loan
origination activities of the exclusive agents;
(iii) A restriction of
the exclusive agents' mortgage loan originators' activities to loans to
be made only by the subsidiary's affiliated bank; and
(32) "Multi-state
licensing system" means a system involving one or more states, the
regulatory information and the licensing, application,
reporting and payment processes, by
electronic or other means, for mortgage lenders and
loan brokers, and other licensees required to
be licensed under this chapter.
(33) "Negative
equity" means the difference between the value of an asset and the
outstanding portion of the loan taken out to pay for
the asset, when the latter exceeds the former
amount.
(34) "Loan closing
services" means providing title services, including title searches, title
examinations, abstract preparation, insurability
determinations, and the issuance of title
commitments and title insurance policies, conducting
loan closings, and preparation of loan
closing documents when performed by or under the
supervision of a licensed attorney, licensed
title agency, of or licensed title
insurance company.
SECTION
3. Section 27-30-11 of the General Laws in Chapter 27-30 entitled
"Consumer
Credit Insurance" is
hereby amended to read as follows:
27-30-11. Existing
insurance -- Choice of insurer. -- When consumer credit insurance
is required as additional security for any indebtedness
the debtor shall, upon request to the
creditor, have the option of furnishing the required
amount of insurance through existing policies
of insurance owned or controlled by the debtor of
procuring and furnishing the required coverage
through any insurer authorized to transact an
insurance business within this state.
SECTION
4. Sections 31-5.1-4 and 31-5.1-21 of the General Laws in Chapter 31-5.1
entitled "Regulation
of Business Practices Among Motor Vehicle Manufacturers, Distributors,
and Dealers" are
hereby amended to read as follows:
31-5.1-4.
Violations. -- (a) It shall be deemed a violation of this chapter for
any
manufacturer or motor vehicle dealer to engage in any
action which is arbitrary, in bad faith, or
unconscionable and which causes damage to any of the
parties involved or to the public.
(b) It shall be deemed
a violation of this chapter for a manufacturer, or officer, agent, or
other representative of a manufacturer, to coerce, or
attempt to coerce, any motor vehicle dealer:
(1) To order or accept
delivery of any motor vehicle or vehicles, equipment, parts, or
accessories for them, or any other commodity or
commodities which the motor vehicle dealer has
not voluntarily ordered.
(2) To order or accept
delivery of any motor vehicle with special features, accessories, or
equipment not included in the list price of that motor
vehicle as publicly advertised by the
manufacturer of the vehicle.
(3) To participate
monetarily in an advertising campaign or contest, or to purchase any
promotional materials, or training materials, showroom
or other display decorations or materials
at the expense of the new motor vehicle dealership.
(4) To enter into any
agreement with the manufacturer or to do any other act prejudicial
to the new motor vehicle dealer by threatening to
terminate or cancel a franchise or any
contractual agreement existing between the dealer and
the manufacturer; except that this
subdivision is not intended to preclude the
manufacturer or distributor from insisting on
compliance with the reasonable terms or provisions of
the franchise or other contractual
agreement, and notice in good faith to any new motor
vehicle dealer of the new motor vehicle
dealer's violation of those terms or provisions shall
not constitute a violation of the chapter.
(5) To refrain from
participation in the management of, investment in, or acquisition of
any other line of new motor vehicle or related
products. This subdivision does not apply unless
the new motor vehicle dealer maintains a reasonable
line of credit for each make or line of new
motor vehicle, the new motor vehicle dealer remains in
compliance with any reasonable facilities
requirements of the manufacturer, and no change is
made in the principal management of the new
motor vehicle dealer.
(6) To assent to a
release, assignment, novation, waiver, or estoppel in connection with
the transfer or voluntary termination of a franchise,
or which would relieve any person from the
liability to be imposed by this law or to require any
controversy between a new motor vehicle
dealer and a manufacturer, distributor, or representative
to be referred to any person other than
the duly constituted courts of this state or of the
revenue of this state, if that referral would be
binding upon the new motor vehicle dealer.
(7) To order for any
person any parts, accessories, equipment, machinery, tools or any
commodities.
(c) It shall be deemed
a violation of this chapter for a manufacturer, or officer, agent, or
other representative:
(1) To refuse to
deliver in reasonable quantities and within a reasonable time after
receipt of the dealer's order, to any motor vehicle
dealer having a franchise or contractual
arrangement for the retail sale of new motor vehicles
sold or distributed by the manufacturer, any
motor vehicles covered by the franchise or contract,
specifically publicly advertised by the
manufacturer to be available for immediate delivery.
However, the failure to deliver any motor
vehicle shall not be considered a violation of this
chapter if that failure is due to an act of God,
work stoppage or delay due to a strike or labor
difficulty, shortage of materials, a freight
embargo, or other cause over which the manufacturer,
distributor, or wholesaler, or its agent,
shall have no control.
(2) To refuse to
deliver or otherwise deny to any motor vehicle dealer having a franchise
or contractual arrangement for the retail sale of new
motor vehicles sold or distributed by the
manufacturer any particular new motor vehicle model
made or distributed by the manufacturer
under the name of the division of the manufacturer of
which the dealer is an authorized franchise.
(3) It shall be deemed
a prima facie violation of this chapter for any automotive vehicle
division manufacturer to require any separate
franchise or contractual arrangement with any new
motor vehicle dealer already a party to a franchise or
contractual arrangement with that
automotive vehicle division for the retail sale of any
particular new motor vehicle model made or
distributed by that division.
(4) To coerce, or
attempt to coerce, any motor vehicle dealer to enter into any agreement
with the manufacturer, or their officers, agents, or
other representatives, or to do any other act
prejudicial to the dealer, by threatening to cancel
any franchise or any contractual agreement
existing between the manufacturer and the dealer.
Notice in good faith to any motor vehicle
dealer of the dealer's violation of any terms or
provisions of the franchise or contractual
agreement shall not constitute a violation of this
chapter.
(5) To resort to or use
any false or misleading advertisement in connection with his or
her business as a manufacturer, an officer, agent, or
other representative.
(6) To sell or lease
any new motor vehicle to, or through, any new motor vehicle dealer
at a lower actual price therefore than the actual
price offered to any other new motor vehicle
dealer for the same model vehicle similarly equipped
or to utilize any device, including, but not
limited to, sales promotion plans or programs, which
result in a lesser actual price. The provisions
of this paragraph shall not apply to sales to a new
motor vehicle dealer for resale to any unit of
the
may not reduce the price of a motor vehicle charged to
a dealer or provide different financing
terms to a dealer in exchange for the dealer's
agreement to:
(i)
Maintain an exclusive sales or service facility;
(ii) Build or alter a
sales or service facility; or
(iii) Participate in a
floor plan or other financing.
(7) To sell or lease
any new motor vehicle to any person, except a manufacturer's
employee, at a lower actual price than the actual
price offered and charged to a new motor vehicle
dealer for the same model vehicle similarly equipped
or to utilize any device which results in a
lesser actual price. The provisions of this paragraph
shall not apply to sales to a new motor
vehicle dealer for resale to any unit of the
political subdivisions.
(8) To offer in
connection with the sale of any new motor vehicle or vehicles directly or
indirectly to a fleet purchaser within or without this
state terms, discounts, refunds, or other
similar types of inducements to that purchaser without
making the same offer or offers available
to all of its new motor vehicles dealers in this
state. No manufacturer may impose or enforce any
restrictions against new motor vehicle dealers in this
state or their leasing, rental, or fleet
divisions or subsidiaries that are not imposed or
enforced against any other direct or indirect
purchaser from the manufacturer. The provisions of
this paragraph shall not apply to sales to a
new motor vehicle dealer for resale to any unit of the
any of its political subdivisions.
(9) To use or consider
the performance of a motor vehicle dealer relating to the sale of
the manufacturer's vehicles or the motor vehicle
dealer's ability to satisfy any minimum sales or
market share quota or responsibility relating to the
sale of the manufacturer's new vehicles in
determining:
(i)
The motor vehicle dealer's eligibility to purchase program, certified, or other
used
motor vehicles from the manufacturer;
(ii) The volume, type,
or model of program, certified, or other used motor vehicles that a
motor vehicle dealer is eligible to purchase from the
manufacturer;
(iii) The price of any
program, certified, or other used motor vehicle that the dealer is
eligible to purchase from the manufacturer; or
(iv) The availability
or amount of any discount, credit, rebate, or sales incentive that the
dealer is eligible to receive from the manufacturer
for the purchase of any program, certified, or
other used motor vehicle offered for sale by the
manufacturer.
(10) To offer to sell
or to sell parts or accessories to any new motor vehicle dealer for
use in the dealer's own business for the purpose of
repairing or replacing the same parts or
accessories or a comparable part or accessory, at a
lower actual price than the actual price
charged to any other new motor vehicle dealer for
similar parts or accessories to use in the
dealer's own business. In those cases where new motor
vehicle dealers operate or serve as
wholesalers of parts and accessories to retail
outlets, these provision shall be construed to prevent
a manufacturer, or their agents, from selling to a new
motor vehicle dealer who operates and
services as a wholesaler of parts and accessories, any
parts and accessories that may be ordered
by that new motor vehicle dealer for resale to retail
outlets, at a lower actual price than the actual
price charged a new motor vehicle dealer who does not
operate or serve as a wholesaler of parts
and accessories.
(11) To prevent or
attempt to prevent by contract or otherwise any new motor vehicle
dealer from changing the capital structure of his or
her dealership or the means by which or
through which the dealer finances the operation of his
or her dealership. However, the new motor
vehicle dealer shall at all times meet any reasonable
capital standards agreed to between the
dealership and the manufacturer, provided that any
change in the capital structure by the new
motor vehicle dealer does not result in a change in
the executive management control of the
dealership.
(12) To prevent or
attempt to prevent by contract or otherwise any new motor vehicle
dealer or any officer, partner, or stockholder of any
new motor vehicle dealer from selling or
transferring any part of the interest of any of them
to any other person or persons or party or
parties. Provided, however, that no dealer, officer,
partner, or stockholder shall have the right to
sell, transfer or assign the franchise or power of
management or control without the consent of the
manufacturer, except that the consent shall not be
unreasonably withheld.
(13) To obtain money,
goods, services, anything of value, or any other benefit from any
other person with whom the new motor vehicle dealer
does business, on account of or in relation
to the transactions between the dealer and that other
person, unless that benefit is promptly
accounted for and transmitted to the new motor vehicle
dealer.
(14) To compete with a
new motor vehicle dealer operating under an agreement or
franchise from the manufacturer in the state of
control of any new motor vehicle dealers in this state
or by participation in the ownership,
operation, or control of any new motor vehicle dealer
in this state. A manufacturer shall not be
deemed to be competing when operating, controlling, or
owning a dealership either temporarily
for a reasonable period in any case not to exceed one
year, which one year period may be
extended for a one-time additional period of up to six
(6) months upon application to and
approval by the motor vehicle dealers license and
hearing board, which approval shall be subject
to the manufacturer demonstrating the need for this
extension, and with other new motor vehicle
dealers of the same line making being given notice and
an opportunity to be heard in connection
with said application, or in a bona fide relationship
in which an independent person had made a
significant investment subject to loss in the dealership
and can reasonably expect to acquire full
ownership of the dealership on reasonable terms and
conditions within a reasonable period of
time.
(15) To refuse to
disclose to any new motor vehicle dealer, handling the same line or
make, the manner and mode of distribution of that line
or make within the relevant market area.
(16) To increase prices
of new motor vehicles which the new motor vehicle dealer had
ordered for private retail consumers prior to the new
motor vehicle dealer's receipt of the written
official price increase notification. A sales contract
signed by a private retail consumer shall
constitute evidence of an order provided that the
vehicle is in fact delivered to that customer. In
the event of manufacturer price reductions or cash
rebates paid to the new motor vehicle dealer,
the amount of any reduction or rebate received by a
new motor vehicle dealer shall be passed on
to the private retail consumer by the new motor
vehicle dealer. Price reductions shall apply to all
vehicles in the dealer's inventory which were subject
to the price reduction. Price differences
applicable to new model or series motor vehicles at
the time of the introduction of new models or
series shall not be considered a price increase or
price decrease. Price changes caused by either:
(i) the addition to a motor
vehicle of required or optional equipment; (ii) revaluation of the United
States dollar, in the case of foreign-make vehicles or
components; or (iii) an increase in
transportation charges due to increased rates imposed
by common carriers, shall not be subject to
the provisions of this subdivision.
(17) To release to any
outside party, except under subpoena or as otherwise required by
law or in an administrative, judicial, or arbitration
proceeding involving the manufacturer or new
motor vehicle dealer, any business, financial, or
personal information which may be from time to
time provided by the new motor vehicle dealer to the
manufacturer, without the express written
consent of the new motor vehicle dealer.
(18) To unfairly
discriminate among its new motor vehicle dealers with respect to
warranty reimbursement, or any program that provides
assistance to its dealers, including Internet
listings; sales leads; warranty policy adjustments;
marketing programs; and dealer recognition
programs.
(19) To unreasonably
withhold consent to the sale, transfer, or exchange of the franchise
to a qualified buyer capable of being licensed as a
new motor vehicle dealer in this state.
(20) To fail to respond
in writing to a request for consent as specified in subdivision (19)
of this subsection within sixty (60) days of the
receipt of a written request on the forms, if any,
generally utilized by the manufacturer or distributor
for those purposes and containing the
information required therein. The failure to respond
shall be deemed to be a consent to the
request. A manufacturer may not impose a condition on
the approval of a sale, transfer, or
exchange of the franchise if the condition would
violate the provisions of this chapter if imposed
on an existing dealer.
(21) To unfairly
prevent a new motor vehicle dealer from receiving fair and reasonable
compensation for the value of the new motor vehicle
dealership.
(22) To require that a
new motor vehicle dealer execute a written franchise agreement
that does not contain substantially the same
provisions as the franchise agreement being offered
to other new motor vehicle dealers handling the same
line or make. In no instance shall the term
of any franchise agreement be of a duration of less
than three (3) years.
(23) To require that a
new motor vehicle dealer provide exclusive facilities, personnel, or
display space taking into consideration changing
market conditions, or that a dealer execute a site
control agreement giving a manufacturer control over
the dealer's facilities.
(24) To require that a
dealer expand facilities without a guarantee of a sufficient supply
of new motor vehicles to justify that expansion or to
require that a dealer expand facilities to a
greater degree than is necessary to sell and service
the number of vehicles that the dealer sold and
serviced in the most recent calendar year.
(25) To prevent a
dealer from adjusting his or her facilities to permit a relocation of
office space, showroom space, and service facilities
so long as the relocation is within five
hundred (500) yards of the present location.
(26) To engage in any
predatory practice against a new motor vehicle dealer.
(d) It shall be a
violation of this chapter for a manufacturer to terminate, cancel, or fail to
renew the franchise of a new motor vehicle dealer
except as provided in this subsection:
(1) Notwithstanding the
terms, provisions, or conditions of any franchise, whether
entered into before or after the enactment of this
chapter or any of its provisions, or
notwithstanding the terms or provisions of any waiver,
whether entered into before or after the
enactment of this chapter or any of its provisions, no
manufacturer shall cancel, terminate, or fail
to renew any franchise with a licensed new motor
vehicle dealer unless the manufacturer has:
(i)
Satisfied the notice requirement of this subsection;
(ii) Has good cause for
the cancellation, termination, or nonrenewal;
(iii) Has not committed
any violations set forth in subsection (b) of this section; and
(iv) Has acted in good
faith as defined in this chapter and has complied with all
provisions of this chapter.
(2) Notwithstanding the
terms, provisions, or conditions of any franchise or the terms or
provisions of any waiver, good cause shall exist for
the purposes of a termination, cancellation, or
nonrenewal when:
(i)
There is a failure by the new motor vehicle dealer to comply with a provision
of the
franchise which provision is both reasonable and of
material significance to the franchise
relationship, provided that the dealer has been
notified in writing of the failure within one
hundred eighty (180) days after the manufacturer first
acquired knowledge of that failure;
(ii) If the failure by
the new motor vehicle dealer, as provided in paragraph (i)
of this
subdivision, relates to the performance of the new
motor vehicle dealer in sales or service, then
good cause shall be defined as the failure of the new
motor vehicle dealer to comply with
reasonable performance criteria established by the
manufacturer if the new motor vehicle dealer
was apprised by the manufacturer in writing of that
failure; and:
(A) The notification
stated that notice was provided of failure of performance pursuant to
paragraph (i) of this
subdivision;
(B) The new motor
vehicle dealer was afforded a reasonable opportunity, for a period of
not less than six (6) months, to comply with those
criteria; and
(C) The new motor
vehicle dealer did not demonstrate substantial progress towards
compliance with the manufacturer's performance
criteria during that period.
(3) The manufacturer
shall have the burden of proof for showing that the notice
requirements have been complied with, that there was
good cause for the franchise termination,
cancellation or nonrenewal, and that the manufacturer
has acted in good faith.
(i)
Notwithstanding the terms, provisions, or conditions of any franchise, prior to
the
termination, cancellation, or nonrenewal of any
franchise, the manufacturer shall furnish
notification of the termination, cancellation, or
nonrenewal to the new motor vehicle dealer as
follows:
(A) In the manner
described in paragraph (ii) of this subdivision; and
(B) Not fewer than
ninety (90) days prior to the effective date of the termination,
cancellation, or nonrenewal; or
(C) Not fewer than
fifteen (15) days prior to the effective date of the termination,
cancellation, or nonrenewal for any of the following
reasons:
(I) Insolvency of the
new motor vehicle dealer, or the filing of any petition by or against
the new motor vehicle dealer under any bankruptcy or
receivership law;
(II) Failure of the new
motor vehicle dealer to conduct his customary sales and service
operations during his or her customary business hours
for seven (7) consecutive business days;
(III) Final conviction
of the new motor vehicle dealer, or any owner or operator of the
dealership, of a crime which is associated with or
related to the operation of the dealership;
(IV) Revocation of any
license which the new motor vehicle dealer is required to have to
operate a dealership; or
(D) Not fewer than one
hundred eighty (180) days prior to the effective date of the
termination or cancellation where the manufacturer or
distributor is discontinuing the sale of the
product line.
(ii) Notification under
this subsection shall be in writing, shall be by certified mail or
personally delivered to the new motor vehicle dealer,
and shall contain:
(A) A statement of intention
to terminate, cancel, or not to renew the franchise;
(B) A statement of the
reasons for the termination, cancellation, or nonrenewal; and
(C) The date on which
the termination, cancellation, or nonrenewal shall take effect.
(iii) Upon the
involuntary or voluntary termination, nonrenewal, or cancellation of any
franchise, by either the manufacturer or the new motor
vehicle dealer, notwithstanding the terms
of any franchise whether entered into before or after
the enactment of this chapter or any of its
provisions, the new motor vehicle dealer shall be
allowed fair and reasonable compensation by
the manufacturer for the following:
(A) The new motor
vehicle dealer's cost, less allowances paid by the manufacturer, of
each new, undamaged, unsold and unaltered, except for
dealer installed manufacturer-authorized
accessories, motor vehicle, regardless of model year
purchased from the manufacturer or another
dealer of the same line-make in the ordinary course of
business within twenty-four (24) months of
termination, having five hundred (500) or fewer miles
recorded on the odometer that is in the new
motor vehicle dealer's inventory at the time of
termination, nonrenewal, or cancellation.
(B) The new motor
vehicle dealer's cost of each new, unused, undamaged, and unsold
part or accessory that is in the current parts
catalogue or is identical to a part or accessory in the
current parts catalogue except for the number assigned
to the part or accessory due to a change in
the number after the purchase of the part or
accessory, and that is still in the original, resalable
merchandising package and in an unbroken lot, except
that, in the case of sheet metal, a
comparable substitute for the original package may be
used.
(C) The fair market
value of each undamaged sign, normal wear and tear excepted,
owned by the dealer that bears a trademark or trade
name used or claimed by the manufacturer
that were purchased as a requirement of the
manufacturer.
(D) The fair market
value of all special tools, and automotive services equipment owned
by the dealer that: (I) Were recommended in writing
and designated as special tools and
equipment; (II) Were purchased as a requirement of the
manufacturer; and (III) Are in usable and
good condition except for reasonable wear and tear.
(E) The cost of
transporting, handling, packing, storing, and loading any property that is
subject to repurchase under this section.
(F) The payments above
are due within sixty (60) days from the date the dealer submits
an accounting to the manufacturer of the vehicle
inventory subject to repurchase, and for other
items within sixty (60) days from the date the dealer
submits an accounting of the other items
subject to repurchase, provided, the new motor vehicle
dealer has clear title (or will have clear
title upon using the repurchase funds to obtain clear
title) to the inventory and other items and is
in a position to convey that title to the
manufacturer. If the inventory or other items are subject to
a security interest, the manufacturer, wholesaler, or
franchisor may make payment jointly to the
dealer and the holder of the security interest. In no
event shall the payments be made later than
ninety (90) days of the effective date of the
termination, cancellation, or nonrenewal.
(iv) In the event the
termination, cancellation or nonrenewal is involuntary and not
pursuant to subsection (3)(i)(C)
of this section, and:
(A) The new motor vehicle
dealer is leasing the dealership facilities from a lessor
other
than the manufacturer, the manufacturer shall pay the
new motor vehicle dealer a sum equivalent
to the rent for the unexpired term of the lease or (2)
two year's rent, whichever is less; or
(B) If the new motor
vehicle dealer owns the facilities, the manufacturer shall pay the
new motor vehicle dealer a sum equivalent to the
reasonable rental value of the facilities for two
(2) years; if:
(I) The new motor
vehicle dealer is unable to reasonably utilize the facilities for another
purpose;
(II) The new motor
vehicle dealer, or the manufacturer acting as its agent, is unable to
make arrangements for the cancellation or assumption
of its lease obligations by another party in
the case of leased facilities, or is unable to sell
dealer owned facilities, and
(III) Only to the
extent those facilities were required as a condition of the franchise and
used to conduct sales and service operations related
to the franchise product.
(v) In addition to any
injunctive relief and any other damages allowable by this chapter,
if the manufacturer is discontinuing the product line
or fails to prove that there was good cause
for the termination, cancellation, or nonrenewal or if
the manufacturer fails to prove that the
manufacturer acted in good faith, then the
manufacturer shall pay the new motor vehicle dealer
fair and reasonable compensation for the value of the
dealership as an ongoing business.
In addition to the
other compensation described in paragraphs (iii) and (iv) above and in
this section, the manufacturer shall also reimburse
the dealer for any costs incurred for facility
upgrades or alterations required by the manufacturer
within two (2) years of the effective date of
the termination.
(vi) If a manufacturer
is discontinuing the product line and thus as a result a franchise for
the sale of motor vehicles is subject to termination,
cancellation, or nonrenewal, the manufacturer
shall:
(A) Authorize the
dealer at the dealer's option, that remains a franchised dealer of the
manufacturer regardless of the discontinuation of a
product line, to continue servicing and
supplying parts (without prejudice to the right of the
manufacturer to also authorize other
franchised dealers to provide service and parts for a
discontinued produce product line), including
services and parts pursuant to a warranty issued by
the manufacturer for any goods or services
marketed by the dealer pursuant to the motor vehicle
franchise for a period of not less than five
(5) years from the effective date of the termination,
cancellation, or nonrenewal;
(B) Continue to
reimburse the dealer that remains a franchised dealer of the
manufacturer regardless of the discontinuation of a
product line or another franchised dealer of
the manufacturer in the area for warranty parts and
service in an amount and on terms not less
favorable than those in effect prior to the
termination, cancellation, or nonrenewal;
(C) The manufacturer
shall continue to supply the dealer that remains a franchised dealer
of the manufacturer regardless of the discontinuation
of a product line or another franchised
dealer of the manufacturer in the area with replacement
parts for any goods or services marketed
by the dealer pursuant to the franchise agreement for
a period of not less than five (5) years from
the effective date of the termination, cancellation,
or nonrenewal, at a price and on terms not less
favorable than those in effect prior to the
termination, cancellation, or nonrenewal;
(vii) The requirement
of this section do not apply to a termination, cancellation or
nonrenewal due to the sale of the assets or stock of
the motor vehicle dealer.
(D) To be entitled to
facilities assistance from the manufacturer as described above, the
dealer shall have the obligation to mitigate damages
by listing the dealership facilities for lease or
sublease with a licensed real estate agent within
thirty (30) days after the effective date of the
termination of the franchise and thereafter be
reasonably cooperating with such real estate agent
in the performance of the agent's duties and
responsibilities. If the dealer is able to lease or
sublease the dealership facilities on terms that are
consistent with local zoning requirements to
preserve the right to sell motor vehicles from the
dealership facilities and the terms of the dealer's
lease, the dealer shall be obligated to pay the
manufacturer the net revenue received from such
mitigation, but only following receipt of facilities
assistance payments pursuant to this chapter,
and only up to the total amount of facilities
assistance payments that the dealer has received.
(e) It shall be deemed
a violation of this chapter for a motor vehicle dealer:
(1) To require a
purchaser of a new motor vehicle, as a condition of the sale and delivery
thereof, to also purchase special features, equipment,
parts, or accessories not desired or
requested by the purchaser. This prohibition shall not
apply as to special features, equipment,
parts, or accessories which are already installed on
the car before sale by the dealer.
(2) To represent and
sell as a new motor vehicle any motor vehicle which is a used motor
vehicle.
(3) To resort to or use
any false or misleading advertisement in connection with his or
her business as a motor vehicle dealer.
(4) To engage in any
deception or fraudulent practice in the repair of motor vehicles.
31-5.1-21.
Promotional activities. -- (a) Upon filing of a claim, a manufacturer
or
distributor shall compensate a dealer for any
incentive or reimbursement program sponsored by
the manufacturer or distributor, under the terms of
which the dealer is eligible for compensation.
(b) (1) A claim filed
under this section shall be:
(i)
In the manner and form prescribed by the manufacturer, factory branch,
or distributor;
and
(ii) Approved or
disapproved within thirty (30) days of receipt.
(2) A claim not
approved or disapproved within thirty (30) days of receipt shall be
deemed approved.
(3) Payment of a claim
filed under this section shall be made within thirty (30) days of
approval.
(c) (1) If a claim
filed under this section is shown by the manufacturer or distributor to
be false or unsubstantiated, the manufacturer or
distributor may charge back the claim within one
year from the date the claim was paid or credit issued
or one year from the end of a manufacturer
program that does not exceed one year in length,
whichever is later.
(2) This paragraph does
not limit the right of a manufacturer or distributor to charge back
for any claim that is proven fraudulent.
SECTION
5. Section 40-8.9-6 of the General Laws in Chapter 40-8.9 entitled
"Medical
Assistance - Long-Term Care
Service and Finance Reform" is hereby amended to read as
follows:
40-8.9-6.
Reporting. -- Annual reports showing progress in long-term care system
reform and rebalancing shall be submitted by April 1st
of each year by the department to the Joint
Legislative Committee on Health Care Oversight as well
as the finance committees of both the
senate and the house of representatives and shall
include: the number of persons aged sixty-five
(65) years and over and adults with disabilities
served in nursing facilities, the number of persons
transitioned from nursing homes to Medicaid supported
home and community based care, the
number of persons aged sixty-five (65) years and over
and adults with disabilities served in home
and community care to include home care, adult day
services, assisted living and shared living,
the dollar amounts and percent of expenditures spent
on nursing facility care and home and
community-based care, and estimates of the continued
investments necessary to provide stability
to the existing system and establish the
infrastructure and programs required to achieve system-
wide reform and the targeted goal of spending fifty
percent (50%) of Medicaid long-term care
dollars on nursing facility care and fifty percent
(50%) on home and community-based services.
SECTION
6. Section 42-14.5-3 of the General Laws in Chapter 42-14.5 entitled "The
Rhode Island Health Care
Reform Act of 2004 - Health Insurance Oversight" is hereby amended
to read as follows:
42-14.5-3. Powers
and duties. [Contingent effective date; see notes under section 42-
14.5-1] -- Powers
and duties. [Contingent effective date; see effective dates under this
section.] --The health insurance commissioner shall have the following powers and
duties:
(a) To conduct
quarterly public meetings throughout the state, separate and distinct from
rate hearings pursuant to section 42-62-13, regarding
the rates, services and operations of insurers
licensed to provide health insurance in the state the
effects of such rates, services and operations
on consumers, medical care providers, patients, and
the market environment in which such
insurers operate and efforts to bring new health
insurers into the
not less than ten (10) days of said hearing(s) shall
go to the general assembly, the governor, the
Rhode Island Medical Society, the Hospital Association
of Rhode Island, the director of health,
the attorney general and the chambers of commerce.
Public notice shall be posted on the
department's web site and given in the newspaper of
general circulation, and to any entity in
writing requesting notice.
(b) To make
recommendations to the governor and the house of representatives and
senate finance committees regarding health care
insurance and the regulations, rates, services,
administrative expenses, reserve requirements, and
operations of insurers providing health
insurance in the state, and to prepare or comment on,
upon the request of the governor, or
chairpersons of the house or senate finance
committees, draft legislation to improve the regulation
of health insurance. In making such recommendations,
the commissioner shall recognize that it is
the intent of the legislature that the maximum
disclosure be provided regarding the
reasonableness of individual administrative
expenditures as well as total administrative costs. The
commissioner shall also make recommendations on the
levels of reserves including consideration
of: targeted reserve levels; trends in the increase or
decrease of reserve levels; and insurer plans
for distributing excess reserves.
(c) To establish a
consumer/business/labor/medical advisory council to obtain
information and present concerns of consumers,
business and medical providers affected by
health insurance decisions. The council shall develop
proposals to allow the market for small
business health insurance to be affordable and fairer.
The council shall be involved in the
planning and conduct of the quarterly public meetings
in accordance with subsection (a) above.
The advisory council shall develop measures to inform
small businesses of an insurance
complaint process to ensure that small businesses that
experience rate increases in a given year
may request and receive a formal review by the
department. The advisory council shall assess
views of the health provider community relative to
insurance rates of reimbursement, billing and
reimbursement procedures, and the insurers' role in
promoting efficient and high quality health
care. The advisory council shall issue an annual
report of findings and recommendations to the
governor and the general assembly and present their
findings at hearings before the house and
senate finance committees. The advisory council is to
be diverse in interests and shall include
representatives of community consumer organizations;
small businesses, other than those
involved in the sale of insurance products; and
hospital, medical, and other health provider
organizations. Such representatives shall be nominated
by their respective organizations. The
advisory council shall be co-chaired by the health
insurance commissioner and a community
consumer organization or small business member to be
elected by the full advisory council.
(d) To establish and
provide guidance and assistance to a subcommittee ("The
Professional Provider-Health Plan Work Group") of
the advisory council created pursuant to
subsection (c) above, composed of health care
providers and Rhode
This subcommittee shall include in its annual report
and presentation before the house and senate
finance committees the following information:
(i)
A method whereby health plans shall disclose to contracted providers the fee
schedules used to provide payment to those providers
for services rendered to covered patients;
(ii) A standardized
provider application and credentials verification process, for the
purpose of verifying professional qualifications of
participating health care providers;
(iii) The uniform
health plan claim form utilized by participating providers;
(iv) Methods for health
maintenance organizations as defined by section 27-41-1, and
nonprofit hospital or medical service corporations as
defined by chapters 27-19 and 27-20, to
make facility-specific data and other medical
service-specific data available in reasonably
consistent formats to patients regarding quality and
costs. This information would help consumers
make informed choices regarding the facilities and/or
clinicians or physician practices at which to
seek care. Among the items considered would be the
unique health services and other public
goods provided by facilities and/or clinicians or
physician practices in establishing the most
appropriate cost comparisons.
(v) All activities
related to contractual disclosure to participating providers of the
mechanisms for resolving health plan/provider
disputes; and
(vi) The uniform
process being utilized for confirming in real time patient insurance
enrollment status, benefits coverage, including
co-pays and deductibles.
(vii) Information
related to temporary credentialing of providers seeking to participate in
the plan's network and the impact of said activity on
health plan accreditation;
(viii) The feasibility
of regular contract renegotiations between plans and the providers
in their networks.
(ix) Efforts conducted
related to reviewing impact of silent PPOs on
physician practices.
(e) To enforce the
provisions of Title 27 and Title 42 as set forth in section 42-14-5(d).
(f) To provide analysis
of the
The fund shall be used to effectuate the provisions of
sections 27-18.5-8 and 27-50-17.
(g) To analyze the
impact of changing the rating guidelines and/or merging the
individual health insurance market as defined in
chapter 27-18.5 and the small employer health
insurance market as defined in chapter 27-50 in
accordance with the following:
(i)
The analysis shall forecast the likely rate increases required to effect the
changes
recommended pursuant to the preceding subsection (g)
in the direct pay market and small
employer health insurance market over the next five
(5) years, based on the current rating
structure, and current products.
(ii) The analysis shall
include examining the impact of merging the individual and small
employer markets on premiums charged to individuals
and small employer groups.
(iii) The analysis
shall include examining the impact on rates in each of the individual
and small employer health insurance markets and the
number of insureds in the context of
possible changes to the rating guidelines used for
small employer groups, including: community
rating principles; expanding small employer rate bonds
beyond the current range; increasing the
employer group size in the small group market; and/or
adding rating factors for broker and/or
tobacco use.
(iv) The analysis shall
include examining the adequacy of current statutory and
regulatory oversight of the rating process and factors
employed by the participants in the
proposed new merged market.
(v) The analysis shall
include assessment of possible reinsurance mechanisms and/or
federal high-risk pool structures and funding to
support the health insurance market in Rhode
Island by reducing the risk of adverse selection and
the incremental insurance premiums charged
for this risk, and/or by making health insurance
affordable for a selected at-risk population.
(vi) The health
insurance commissioner shall work with an insurance market merger task
force to assist with the analysis. The task force
shall be chaired by the health insurance
commissioner and shall include, but not be limited to,
representatives of the general assembly, the
business community, small employer carriers as defined
in section 27-50-3, carriers offering
coverage in the individual market in
general public.
(vii) For the purposes
of conducting this analysis, the commissioner may contract with
an outside organization with expertise in fiscal
analysis of the private insurance market. In
conducting its study, the organization shall, to the
extent possible, obtain and use actual health
plan data. Said data shall be subject to state and
federal laws and regulations governing
confidentiality of health care and proprietary
information.
(viii) The task force
shall meet as necessary and include their findings in the annual
report and the commissioner shall include the
information in the annual presentation before the
house and senate finance committees.
SECTION
7. Section 42-64-20 of the General Laws in Chapter 42-64 entitled "Rhode
Island Economic Development
Corporation" is hereby amended to read as follows:
42-64-20.
Exemption from taxation. -- (a) The exercise of the powers granted by
this
chapter will be in all respects for the benefit of the
people of this state, the increase of their
commerce, welfare, and prosperity and for the
improvement of their health and living conditions
and will constitute the performance of an essential
governmental function and the corporation
shall not be required to pay any taxes or assessments
upon or in respect of any project or of any
property or moneys of the
municipality or political subdivision of the state;
provided, that the corporation shall make
payments in lieu of real property taxes and
assessments to municipalities and political
subdivisions with respect to projects of the
corporation located in the municipalities and political
subdivisions during those times that the corporation
derives revenue from the lease or operation
of the projects. Payments in lieu of taxes shall be in
amounts agreed upon by the corporation and
the affected municipalities and political
subdivisions. Failing the agreement, the amounts of
payments in lieu of taxes shall be determined by the
corporation using a formula that shall
reasonably ensure that the amounts approximate the
average amount of real property taxes due
throughout the state with respect to facilities of a
similar nature and size. Any municipality or
political subdivision is empowered to accept at its
option an amount of payments in lieu of taxes
less than that determined by the corporation. If,
pursuant to section 42-64-13(f), the corporation
shall have agreed with a municipality or political
subdivision that it shall not provide all of the
specified services, the payments in lieu of taxes
shall be reduced by the cost incurred by the
corporation or any other person in providing the
services not provided by the municipality or
political subdivision.
(b) The corporation
shall not be required to pay state taxes of any kind, and the
corporation, its projects, property, and moneys and,
except for estate, inheritance, and gift taxes,
any bonds or notes issued under the provisions of this
chapter and the income (including gain
from sale or exchange) from these shall at all times
be free from taxation of every kind by the
state and by the municipalities and all political
subdivisions of the state. The corporation shall not
be required to pay any transfer tax of any kind on
account of instruments recorded by it or on its
behalf.
(c) For purposes of the
exemption from taxes and assessments upon or in respect of any
project under subsections (a) or (b) of this section,
the corporation shall not be required to hold
legal title to any real or personal property,
including any fixtures, furnishings or equipment which
are acquired and used in the construction and
development of the project, but the legal title may
be held in the name of a lessee (including sublessees) from the corporation. This property, which
shall not include any goods or inventory used in the
project after completion of construction, shall
be exempt from taxation to the same extent as if legal
title of the property were in the name of the
corporation; provided that the board of directors of
the corporation adopts a resolution confirming
use of the tax exemption for the project by the
lessee. Such resolution shall not take effect until
thirty (30) days from passage. The resolution shall
include findings that: (1) the project is a
project of the corporation under section 42-64-3(20),
and (2) it is in the interest of the corporation
and of the project that legal title be held by the
lessee from the corporation. In adopting the
resolution, the board of directors may consider any
factors it deems relevant to the interests of the
corporation or the project including, for example, but
without limitation, reduction in potential
liability or costs to the corporation or designation
of the project as a "Project of Critical Economic
Concern" pursuant to Chapter 117 of this title.
(d) For purposes of the
exemption from taxes and assessments for any project of the
corporation held by a lessee of the corporation under
subsection (c) of this section, any such
project shall be subject to the following additional
requirements:
(1) The total sales tax
exemption benefit to the lessee will be implemented through a
reimbursement process as determined by the division of
taxation rather than an up-front purchase
exemption;
(2) The sales tax
benefits granted pursuant to RIGL 42-64-20(c) shall: (i)
only apply to
materials used in the construction, reconstruction or
rehabilitation of the project and to the
acquisition of furniture, fixtures and equipment,
except automobiles, trucks or other motor
vehicles, or materials that otherwise are depreciable
and have a useful life of one year or more,
for the project for a period not to exceed six (6)
months after receipt of a certificate of occupancy
for any given phase of the project for which sales tax
benefits are utilized; and (ii) not exceed an
amount equal to the income tax revenue received by the
state from the new full-time jobs with
benefits excluding project construction jobs,
generated by the project within a period of three (3)
years from after the receipt of a certificate of
occupancy for any given phase of the project. "Full-
time jobs with benefits" means jobs that require
working a minimum of thirty (30) hours per
week within the state, with a median wage that exceeds
by five percent (5%) the median annual
wage for the preceding year for full-time jobs in
labor and training with a benefit package that is
typical of companies within the lessee's industry.
(3) The corporation
shall transmit the analysis required by RIGL 42-64-10(a)(2) to the
house and senate fiscal committee chairs, the
department of labor and training and the division of
taxation promptly upon completion. Annually
thereafter, the department of labor and training
shall certify to the house and senate fiscal committee
chairs, the house and senate fiscal advisors,
the corporation and the division of taxation the
actual number of new full-time jobs with benefits
created by the project, in addition to construction jobs,
and whether such new jobs are on target to
meet or exceed the estimated number of new jobs
identified in the analysis above. This
certification shall no longer be required when the
total amount of new income tax revenue
received by the state exceeds the amount of the sales
tax exemption benefit granted above. For
purposes of this section.
(4) The department of
labor and training shall certify to the house and senate fiscal
committee chairs and the division of taxation that
jobs created by the project are "new jobs" in the
state of
reduction of, those employees of the lessee currently
employed in
from another facility of the lessee's in
the result of a merger or acquisition of a company
already located in
the corporation, with the assistance of the lessee,
the department of labor and training, the
department of human services and the division of
taxation shall provide annually an analysis of
whether any of the employees of the project qualify
for RIte Care or RIte Share
benefits and the
impact such benefits or assistance may have on the
state budget.
(5) Notwithstanding any
other provision of law, the division of taxation, the department
of labor and training and the department of human
services are authorized to present, review and
discuss lessee specific tax or employment information
or data with the corporation, the house and
senate fiscal committee chairs, and/or the house and
senate fiscal advisors for the purpose of
verification and compliance with this resolution; and
(6) The corporation and
the project lessee shall agree that, if at any time prior to the state
recouping the amount of the sales tax exemption
through new income tax collections from the
project, not including construction job income taxes,
the lessee will be unable to continue the
project, or otherwise defaults on its obligations to
the corporation, the lessee shall be liable to the
state for all the sales tax benefits granted to the
project plus interest, as determined in RIGL 44-1-
7, calculated from the date the lessee received the
sales tax benefits.
SECTION
8. Section 44-17-1 of the General Laws in Chapter 44-17 entitled "Taxation
of
Insurance Companies"
is hereby amended to read as follows:
44-17-1. Companies
required to file -- Payment of tax -- Retaliatory rates. -- (a)
Every domestic, foreign, or alien insurance company,
mutual association, organization, or other
insurer, including any health maintenance
organization, as defined in section 27-41-1, any
nonprofit dental service corporation as defined in
section 27-20.1-2 and any nonprofit hospital or
medical service corporation, as defined in chapters
27-19 and 27-20, except companies mentioned
in section 44-17-6, and organizations defined in
section 27-25-1, transacting business in this state,
shall, on or before March 1 in each year, file with
the tax administrator, in the form that he or she
may prescribe, a return under oath or affirmation
signed by a duly authorized officer or agent of
the company, containing information that may be deemed
necessary for the determination of the
tax imposed by this chapter, and shall at the same
time pay an annual tax to the tax administrator
of two percent (2%) of the gross premiums on contracts
of insurance, except: for Ocean ocean
marine insurance, as referred to in section 44-17-6,
covering property and risks within the state,
written during the calendar year ending December 31st
next preceding, but in the case of foreign
or alien companies, except as provided in section
27-2-17(d) the tax is not less in amount than is
imposed by the laws of the state or country under
which the companies are organized upon like
companies incorporated in this state or upon its
agents, if doing business to the same extent in the
state or country.
SECTION
9. Section 45-19-6 of the General Laws in Chapter 45-19 entitled "Relief
of
Injured and Deceased Fire
Fighters and Police Officers" is hereby amended to read as follows:
45-19-6.
Compensation of fund members. -- Members of the commission board
shall
not be compensated for their service on the commission
board.
SECTION
10. Section 45-39.1-5 of the General Laws in Chapter 45-39.1 entitled
"Municipal Water
Supplies" is hereby amended to read as follows:
45-39.1-5. Rates.
-- (a) Adequacy. The rates of municipal water supplies shall be
adequate to pay for all costs associated with the
municipal water supply including, but not limited
to, the costs of acquisition, treatment, transmission,
distribution, and availability of water, and of
system administration and overhead, including metering
and billing, programs for the
conservation and efficient use of water, including
costs of developing, implementing, enforcing
and evaluating such conservation programs and
including conservation pricing as described in
subsection (d), and the cost and/or value of any
services or facilities provided by the city or town
to the municipal water supply, testing, operation,
maintenance, replacement, repair, debt service,
and for sufficient operating reserves, revenue
stabilization funds, debt service reserves and capital
improvement/infrastructure replacement funds to
implement water supply system management
plans;
(b) Equitability.
Except for service charges and other fixed fees and charges, rates:
(1) Shall be based on
metered usage and fairly set among and within the classes and/or
types of users;
(2) Shall provide that
within any class of users the full costs of system capacity,
administration, operation, and water supply costs for
peak and/or seasonal use is borne by the
users that contribute to such peak and/or seasonal
use;
(3) May provide a basic
residential use rate for water use that is designed to make a basic
level of water use affordable, and
(4) May require
implementation of demand management practices, consistent with the
standards and guidelines of the water resources board,
established pursuant to subsection 46-
15.8(a) chapter
46-15.8, by wholesale and retail customers;
(c) Revenue stabilization.
Municipal water suppliers shall in the absence of other
sufficient funds available for similar purposes,
establish as part of their next rate adjustment a
revenue stabilization account to provide for adequacy
during periods when revenues decline as a
result of implementing water conservation programs, or
due to circumstances beyond the
reasonable control of the water supplier, including,
but not limited to, the weather and drought. A
revenue stabilization account shall accumulate a maximum
of ten percent (10%) of the annual
operating expenses of the supplier and shall be used
to supplement other revenues so that the
supplier's reasonable costs are compensated;
(d) Conservation.
Municipal water suppliers shall take effective action to reduce waste of
water and to reduce non-agricultural seasonal
increases in the use of water, and may adopt
conservation pricing as part of a demand management
program or otherwise revise their rates as a
means to achieve their goals. For the purpose of
encouraging conservation of water, suppliers are
authorized to adopt increased rates based on quantity
used either throughout the year or
seasonally. Conservation pricing shall be designed to
promote efficient water use, and to limit
seasonal non-agricultural outdoor water use, and to
the extent possible shall not increase prices
for water users with no significant seasonal increase
in water use. Revenues generated from the
adoption of conservation rates shall be used to fund
the revenue stabilization account established
pursuant to subsection (c) above, operating reserves,
debt service reserves or capital
improvement/infrastructure replacement funds; and
(e) Billing. Billing
shall be, at a minimum, quarterly by December 31, 2013.
SECTION
11. Section 17-20-5 of the General Laws in Chapter 17-20 entitled "Mail
Ballots" is hereby
amended to read as follows:
17-20-5. Residence
of person in service or employed outside of the
The "residence", as defined in section
17-1-3.1, of any person immediately prior to the
commencement of that person's active service as a
member of the armed forces or of the
merchant marine of the
the performance of "services intimately connected
with military operations" as defined in section
17-20-3(c) 17-20-3(d), or immediately prior to his or her employment
outside of the
as defined in section 17-20-3(e) 17-20-3(c),
shall, for the purposes of this chapter, continue to be
that person's residence during the time of his or her
service and for a period of two (2) years
thereafter, unless the person changes his or her
residence by registering or by taking other
appropriate action to qualify to vote in another city
or town within this state or in another state.
SECTION
12. Section 36-10.1-2 of the General Laws in Chapter 36-10.1 entitled
"Rhode
follows:
36-10.1-2.
Definitions. -- (a) "Crime related to public office or public
employment" shall
mean any of the following criminal offenses:
(1) The committing,
aiding, or abetting of an embezzlement of public funds;
(2) The committing,
aiding, or abetting of any felonious theft by a public officer or
employee from his or her employer;
(3) Bribery in
connection with employment of a public officer or employee; and
(4) The committing of
any felony by a public officer or employee who, wilfully
willfully
and with the intent to defraud, realizes or obtains,
or attempts to realize or obtain, a profit, gain,
or advantage for himself or herself or for some other
person through the use or attempted use of
the power, rights, privileges, duties, or position of
his or her public office or employment
position.
(b) "Public
official" or "public employee" shall mean any current or former
state or
municipal elected official as defined in section
36-14-2(10), state or municipal appointed official
as defined in section 36-14-2(4), and any employee of
state or local government, of boards,
commissions or agencies as defined in section
36-14-2(8)(i), (ii), who is otherwise entitled to
receive or who is receiving retirement benefits under
this title, under title 16, under title 45, under
title 8, under chapter 30 of title 28, under chapter
43 of title 31, or under chapter 28 of title 42,
whether that person is acting on a permanent or
temporary basis and whether or not compensated
on a full-time or part-time basis. For the purposes of
this chapter, all these persons are deemed to
be engaged in public employment.
(c) As used in this
chapter, the phrase "pleads guilty or nolo contendere" shall not
include any plea of nolo contendere which does not constitute a conviction by virtue
of section
12-10-12 or 12-18-3.
(d) For purposes of
this chapter, "domestic partner" shall be defined as a person who,
prior to the decedent's death, was in an exclusive,
intimate and committed relationship with the
decedent, and who certifies by affidavit that their
relationship met the following qualifications:
(1) Both partners were
at least eighteen (18) years of age and were mentally competent
to contract;
(2) Neither partner was
married to anyone else;
(3) Partners were not
related by blood to a degree which would prohibit marriage in the
state of
(4) Partners resided
together and had resided together for at least one year at the time of
death; and
(5) Partners were
financially interdependent as evidenced by at least two (2) of the
following:
(i)
Domestic partnership agreement or relationship contract;
(ii) Joint mortgage or
joint ownership of primary residence;
(iii) Two (2) of: (A)
joint ownership of motor vehicle; (B) joint checking account; (C)
joint credit account; (D) joint lease; and/or
(iv) The domestic
partner had been designated as a beneficiary for the decedent's will,
retirement contract or life insurance.
SECTION
13. Section 42-56-24 of the General Laws in Chapter 42-56 entitled
"Corrections
Department" is hereby amended to read as follows:
42-56-24. Earned
time for good behavior or program participation or completion. --
(a) The director, or his or her designee, shall keep a
record of the conduct of each prisoner, and
for each month that a prisoner who has been sentenced
to imprisonment for six (6) months or
more and not under sentence to imprisonment for life,
appears by the record to have faithfully
observed all the rules and requirements of the
institutions and not to have been subjected to
discipline, and is serving a sentence imposed for violation
of sexual offenses under sections 11-
37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1 and
11-37-8.3 or 11-9-1.3 there shall, with the
consent of the director of the department of
corrections, or his or her designee, upon
recommendation to him or her by the assistant director
of institutions/operations, be deducted
from the term or terms of sentence of that prisoner
the same number of days that there are years
in the term of his or her sentence; provided, that
when the sentence is for a longer term than ten
(10) years, only ten (10) days shall be deducted for
one month's good behavior; and provided,
further, that in the case of sentences of at least six
(6) months and less than one year, one day per
month shall be deducted.
For the purposes of
this subsection computing the number of days to be deducted for
good behavior, consecutive sentences shall be counted
as a whole sentence. This subsection
recognizes the serious nature of sex offenses;
promotes community safety and protection of the
public; and maintains the ability of the department of
corrections to oversee the rehabilitation and
supervision of sex offenders.
(b) For all prisoners
serving sentences of more than one month, and not serving a
sentence of imprisonment for life or a sentence
imposed for a violation of the sexual offenses
identified in subsection (a) the director, or his or
her designee, shall keep a record of the conduct
of each prisoner, and for each month that prisoner has
faithfully observed all the rules and
requirements of the institutions and has not been
subjected to discipline, there shall, with the
consent of the director of the department of
corrections or his or her designee and upon
recommendation by the assistant director of
institutions/operations, be deducted from the term or
terms of sentence of that prisoner ten (10) days for
each month's good behavior.
(c) For every day a
prisoner shall be shut up or otherwise disciplined for bad conduct, as
determined by the assistant director, institutions/operations,
subject to the authority of the
director, there shall be deducted one day from the
time he or she shall have gained for good
conduct.
(d) The assistant
director, or his or her designee, subject to the authority of the director,
shall have the power to restore lost good conduct time
in whole or in part upon a showing by the
prisoner of subsequent good behavior and disposition
to reform.
(e) For each month that
a prisoner who has been sentenced to imprisonment for more
than one month and not under sentence to imprisonment
for life who has faithfully engaged in
institutional industries there shall, with the consent
of the director, upon the recommendations to
him or her by the assistant director,
institutions/operations, be deducted from the term or terms of
the prisoner an additional two (2) days a month.
(f) Except those
prisoners serving a sentence imposed for violation of any sexual offense
committed under sections 11-37-2, 11-37-4, 11-37-6,
11-37-8, 11-37-8.1, 11-37-8.3 or 11-9-13
11-9-1.3,
for each month that a prisoner who has been sentenced to imprisonment for more
than
one month and not under sentence to imprisonment for
life has participated faithfully in programs
that have been determined by the director or his/her
designee to address that prisoner's individual
needs that are related to his/her criminal behavior,
there may, with the consent of the director and
upon the recommendation of the assistant director,
rehabilitative services, be deducted from the
term or terms of the prisoner up to an additional five
(5) days a month. Furthermore, whenever
the prisoner has successfully completed such program,
they may; with the consent of the director
and upon the recommendation by the assistant director,
rehabilitative services, be deducted from
the term or terms of the prisoner up to an additional
thirty (30) days.
SECTION
14. Section 5-37.7-12 of the General Laws in Chapter 5-37.7 entitled
"Rhode
Island Health Information
Exchange Act of 2008" is hereby amended to read as follows:
5-37.7-12.
Reconciliation with other authorities. -- (a) This chapter shall only
apply to
the HIE system, and does not apply to any other
private and/or public health information systems
utilized in
care facility or organization.
(b) As this chapter
provides extensive protection with regard to access to and disclosure
of confidential health care information by the HIE, it
supplements, with respect to the HIE only,
any less stringent disclosure requirements, including,
but not limited to, those contained in
chapter 37.3 of this title, the health insurance
portability and accountability act (HIPAA) and
regulations promulgated thereunder,
and any other less stringent federal or state law.
(c) This chapter shall
not be construed to interfere with any other federal or state laws or
regulations which provide more extensive protection
than provided in this chapter for the
confidentiality of health care information.
Notwithstanding such provision, because of the
extensive protections with regard to access to and
disclosure of confidential health care
information by the HIE provided for in this chapter,
patient authorization obtained for access to or
disclosure of information to or from the HIE or a
provider participant shall be deemed the same
authorization required by other state or federal laws
including information regarding mental
health (the Rhode Island mental health law, Rhode
Island general laws section 40.1-5-1 et seq.);
HIV (23-6-17 23-6.3-7);
sexually transmitted disease (Rhode
Island general laws sections 23-6-17 23-6.3-7
and 23-11-9); alcohol and drug abuse (Rhode
Island general laws section 23-1.10-1 et seq., 42
U.S.C. section 290dd-2) or genetic information
(
SECTION
15. Sections 8-10-23.3 and 8-10-23.4 of the General Laws in Chapter 8-10
entitled "Family
Court" are hereby amended to read as follows:
8-10-23.3. Jamestown Juvenile hearing board
The town of
provisions of section 8-10-23.1, and the requirements
of the town's regulations, charter or
ordinances.
8-10-23.4. North
Providence Juvenile hearing board
hearing board. -- The town of
hearing board subject to the provisions of section
8-10-23.1, notwithstanding the requirements of
the town's regulations, charter or ordinances.
SECTION
16. Section 9-17-13 of the General Laws in Chapter 9-17 entitled
"Witnesses"
is hereby amended to read
as follows:
9-17-13. Spouses
of parties. -- In the trial of every civil cause, the husband or wife
of
either party shall be deemed a competent witness;
provided, that neither shall be permitted to give
any testimony tending to criminate the other or to
disclose any communication made to him or
her, by the other, during their marriage, except on
trials of petitions for divorce between them,
trials between them involving their respective
property rights, and under the provisions of section
11-34-3 11-34.1-9.
SECTION
17. Section 11-37-17 of the General Laws in Chapter 11-37 entitled "Sexual
Assault" is hereby
amended to read as follows:
11-37-17. Human
Immunodeficiency Virus (HIV) -- Mandatory testing. -- (a) Any
person who has admitted to or been convicted of or
adjudicated wayward or delinquent by reason
of having committed any sexual offense involving
sexual penetration, as defined in section 11-37-
1, whether or not sentence or fine is imposed or
probation granted, shall be ordered by the court
upon the petition of the victim, immediate family
members of the victim or legal guardian of the
victim, to submit to a blood test for the presence of
a sexually transmitted disease including, but
not limited to, the Human Immunodeficiency Virus (HIV)
which causes Acquired Immune
Deficiency Syndrome (AIDS) as provided for in chapter
23-6.3.
(b) Notwithstanding the
limitations imposed by sections 23-6-17 23-6.3-7 and 5-37.3-4,
the results of the HIV test shall be reported to the
court, which shall then disclose the results to
any victim of the sexual offense who requests
disclosure. Review and disclosure of blood test
results by the courts shall be closed and
confidential, and any transaction records relating to them
shall also be closed and confidential.
(c) [Deleted by P.L.
2009, ch. 196, section 3, and by P.L. 2009, ch. 289, section 3_.
(d) [Deleted by P.L. 2009,
ch. 196, section 3, and by P.L. 2009, ch. 289, section 3_.
(e) [Deleted by P.L.
2009, ch. 196, section 3, and by P.L. 2009, ch. 289, section 3_.
SECTION
18. Sections 23-6.3-1, 23-6.3-4 and 23-6.3-10 of the General Laws in Chapter
23-6.3 entitled
"Prevention and Suppression of Contagious Diseases - HIV/AIDS" are
hereby
amended to read as follows:
23-6.3-1. Purpose.
-- The purpose of this chapter is to reduce vulnerability to HIV/AIDS
transmission, protect persons who are infected with
HIV from discrimination, ensure informed
consent for testing, and to provide consistent terms
and standards within this title and as
applicable to chapters 11-34 11-34.1,
11-37, 21-28 and 40.1-24.
23-6.3-4.
Exceptions to consent requirements. -- (a) A health care provider may
test for
the presence of HIV without obtaining consent from the
individual to be tested under the
following conditions:
(1) When the individual
to be tested is under one year of age;
(2) When a child between
one and thirteen (13) years of age appears to be symptomatic
for HIV;
(3) When the individual
to be tested is a minor under the care and authority of the
department of children, youth and families, and the
director of that department certifies that an
HIV test is necessary to secure health or human
services for that individual;
(4) In a licensed
health care facility or health care setting, in the event that an
occupational health representative or physician,
registered nurse practitioner, physician assistant,
or nurse-midwife, not directly involved in the
exposure, determines that an employee or
emergency service worker, other than one in a
supervisory position to the person making the
determination, had a significant exposure to the blood
and/or body fluids of a patient and the
patient or the patient's guardian refuses to grant
consent for an HIV test to determine whether the
patient has HIV, then, if a sample of the patient's
blood is available, that blood shall be tested for
HIV.
(i)
If a sample of the patient's blood is not otherwise available and the patient
refuses to
grant consent to draw blood, the employee or emergency
service worker may petition the superior
court for a court order mandating that the test be performed.
(ii) Before a patient
or a sample of the patient's blood is required to undergo an HIV test,
the employee or emergency service worker must submit
to a baseline HIV test within seventy-two
(72) hours of the exposure.
(iii) No person who
determines that an employee or emergency service worker has
sustained a significant exposure and authorizes the
HIV testing of a patient, nor any person or
health care facility who acts in good faith and
recommends the test be performed, shall have any
liability as a result of their actions carried out
under this chapter, unless those persons are proven
to have acted in bad faith.
(iv) For the purposes
of this section, "emergency service worker" means a worker
responding on behalf of a licensed ambulance/rescue
service, or a fire department or a law
enforcement agency, who, in the course of his/her
professional duties, has been exposed to bodily
fluids in circumstances that present a significant
risk of transmission of HIV, and has completed a
pre-hospital exposure form in accordance with section
23-4.1-19.
(5) In an emergency,
where due to a grave medical or psychiatric condition, and it is
impossible to obtain consent from the patient or, if
applicable under state law, the patient's parent,
guardian, or agent.
(6) As permitted under
section 23-1-38 entitled "HIV Antibody Testing-Sperm
Collection or Donation".
(7) Any individual
convicted of a violation of any provisions of Chapter 11-34 11-34.1
entitled "Prostitution and Lewdness" "Commercial
Sexual Activity", shall be required to be tested
for HIV unless already documented HIV positive. All
individuals tested under this section shall
be informed of their test results. All individuals
tested under this section who are determined to
be injecting and/or intra-nasal drug users shall be
referred to appropriate substance abuse
treatment as outlined in subsection 23-6.3-3(e).
(8) Any individual
convicted of possession of any controlled substance as defined in
Chapter 21-28 entitled "Uniform Controlled
Substances Act", that has been administered with a
hypodermic instrument, retractable hypodermic syringe,
needle, intra-nasally, or any similar
instrument adapted for the administration of drugs shall
be required to be tested for HIV unless
already documented HIV positive.
(9) All individuals
tested under this section shall be informed of their test results.
(10) In accordance with
the provisions of Chapter 11-37, entitled, "Sexual Assault", any
individual who has admitted to or been convicted of or
adjudicated wayward or delinquent by
reason of having committed any sexual offense
involving penetration whether or not a sentence or
fine is imposed or probation granted, shall be ordered
by the court upon petition of the victim,
immediate family members of the victim or legal
guardian of the victim, to submit to a blood test
for the presence of a sexually transmitted disease
including, but not limited to, HIV. All
individuals tested under this section shall be
informed of their test results.
(11) In accordance with
the provisions or section 42-56-37, entitled "HIV Testing",
every individual who is committed to the adult
correctional institutions to any criminal offense,
after conviction, is required to be tested for HIV.
(b) It is unlawful for
any person to disclose to a third party the results of an individual's
HIV test without the prior written consent of that
individual, except in accordance with section
23-6.3-7.
23-6.3-10.
Notification of disclosure. -- (a) In all cases when an individual's
HIV test
results are disclosed to a third-party, other than a
person involved in the care and treatment of the
individual, and except as permitted by subsections
(1), (2)(i), (2)(ii), (2)(iv), or (4) of section 23-
6-21 section
23-6.3-7 (permitted disclosures re: confidentiality), and permitted by and
disclosed
in accordance with the Federal Health Insurance
Portability and Accountability Act of 1996
(Public law 104-191) enacted on August 21, 1996 and as
thereafter amended, the person so
disclosing shall make reasonable efforts to inform
that individual in advance of:
(1) The nature and
purpose of the disclosure;
(2) The date of
disclosure;
(3) The recipient of
the disclosed information.
(b) Health care
providers may inform third-parties with whom an HIV infected patient is
in close and continuous exposure related contact,
including, but not limited to a spouse and/or
partner, if the nature of the contact, in the health
care providers opinion, poses a clear and present
danger of HIV transmission to the third-party, and if
the physician has reason to believe that the
patient, despite the health care provider's strong encouragement,
has not and will not inform the
third-party that they may have been exposed to HIV.
SECTION
19. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled
"Licensing of Health
Care Facilities" is hereby amended to read as follows:
23-17-38.1.
Hospitals -- Licensing fee. -- (a) There is also imposed a hospital
licensing
fee at the rate of five and four hundred seventy-three
thousandths percent (5.473%) upon the net
patient services revenue of every hospital for the
hospital's first fiscal year ending on or after
January 1, 2007. This licensing fee shall be
administered and collected by the tax administrator,
division of taxation within the department of
administration, and all the administration, collection
and other provisions of chapters 50 and 51 of title 14
shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before
July 13, 2009 and payments shall be made by
electronic transfer of monies to the general treasurer
and deposited to the general fund in
accordance with section 44-50-11 [repealed].
Every hospital shall, on or before June 15, 2009,
make a return to the tax administrator containing the
correct computation of net patient services
revenue for the hospital fiscal year ending September
30, 2007, and the licensing fee due upon
that amount. All returns shall be signed by the
hospital's authorized representative, subject to the
pains and penalties of perjury.
(b) There is also
imposed a hospital licensing fee at the rate of five and two hundred
thirty-seven thousandths percent (5.237%) upon the net
patient services revenue of every hospital
for the hospital's first fiscal year ending on or
after January 1, 2008. This licensing fee shall be
administered and collected by the tax administrator,
division of taxation within the department of
administration, and all the administration, collection
and other provisions of chapters 50 and 51 of
title 14 shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before
July 12, 2010 and payments shall be made by electronic
transfer of monies to the general
treasurer and deposited to the general fund in
accordance with section 44-50-11 [repealed]. Every
hospital shall, on or before June 14, 2010, make a
return to the tax administrator containing the
correct computation of net patient services revenue
for the hospital fiscal year ending September
30, 2007, and the licensing fee due upon that amount.
All returns shall be signed by the hospital's
authorized representative, subject to the pains and
penalties of perjury.
(c) For purposes of
this section the following words and phrases have the following
meanings:
(1)
"Hospital" means a person or governmental unit duly licensed in
accordance with this
chapter to establish, maintain, and operate a
hospital, except a hospital whose primary service and
primary bed inventory are psychiatric.
(2) "Gross patient
services revenue" means the gross revenue related to patient care
services.
(3) "Net patient
services revenue" means the charges related to patient care services less
(i) charges attributable to
charity care, (ii) bad debt expenses, and (iii) contractual allowances.
(d) The tax
administrator shall make and promulgate any rules, regulations, and
procedures not inconsistent with state law and fiscal
procedures that he or she deems necessary
for the proper administration of this section and to
carry out the provisions, policy and purposes
of this section.
(e) The licensing fee
imposed by this section shall be in addition to the inspection fee
imposed by section 23-17-38 and to any licensing fees
previously imposed in accordance with
section 23-17-38.1.
SECTION
20. Section 40-11-2 of the General Laws in Chapter 40-11 entitled "Abused
and Neglected
Children" is hereby amended to read as follows:
40-11-2.
Definitions. -- When used in this chapter and unless the specific
context
indicates otherwise:
(1) "Abused and/or
neglected child" means a child whose physical or mental health or
welfare is harmed or threatened with harm when his or
her parent or other person responsible for
his or her welfare:
(i)
Inflicts or allows to be inflicted upon the child physical or mental injury,
including
excessive corporal punishment; or
(ii) Creates or allows
to be created a substantial risk of physical or mental injury to the
child, including excessive corporal punishment; or
(iii) Commits or allows
to be committed, against the child, an act of sexual abuse; or
(iv) Fails to supply
the child with adequate food, clothing, shelter, or medical care,
though financially able to do so or offered financial
or other reasonable means to do so; or
(v) Fails to provide
the child with a minimum degree of care or proper supervision or
guardianship because of his or her unwillingness or
inability to do so by situations or conditions
such as, but not limited to, social problems, mental
incompetency, or the use of a drug, drugs, or
alcohol to the extent that the parent or other person
responsible for the child's welfare loses his or
her ability or is unwilling to properly care for the
child; or
(vi) Abandons or
deserts the child; or
(vii) Sexually exploits
the child in that the person allows, permits or encourages the child
to engage in prostitution as defined by the provisions
in section 11-34-1 11-34.1-1 et seq., entitled
"Prostitution and Lewdness" "Commercial Sexual Activity"; or
(viii) Sexually
exploits the child in that the person allows, permits, encourages or
engages in the obscene or pornographic photographing,
filming or depiction of the child in a
setting which taken as a whole suggests to the average
person that the child is about to engage in
or has engaged in, any sexual act, or which depicts
any such child under eighteen (18) years of
age, performing sodomy, oral copulation, sexual
intercourse, masturbation, or bestiality; or
(ix) Commits or allows
to be committed any sexual offense against the child as such
sexual offenses are defined by the provisions of
chapter 37 of title 11, entitled "Sexual Assault",
as amended; or
(x) Commits or allows
to be committed against any child an act involving sexual
penetration or sexual contact if the child is under
fifteen (15) years of age; or if the child is fifteen
(15) years or older, and (1) force or coercion is used
by the perpetrator, or (2) the perpetrator
knows or has reason to know that the victim is a severely
impaired person as defined by the
provisions of section 11-5-11, or physically helpless
as defined by the provisions of section 11-
37-6.
(2) "Child"
means a person under the age of eighteen (18).
(3) "Child
protective investigator" means an employee of the department charged with
responsibility for investigating complaints and/or
referrals of child abuse and/or neglect and
institutional child abuse and/or neglect.
(4)
"Department" means department of children, youth, and families.
(5)
"Institution" means any private or public hospital or other facility
providing medical
and/or psychiatric diagnosis, treatment, and care.
(6) "Institutional
child abuse and neglect" means situations of known or suspected child
abuse or neglect where the person allegedly
responsible for the abuse or neglect is a foster parent
or the employee of a public or private residential
child care institution or agency; or any staff
person providing out-of-home care or situations where
the suspected abuse or neglect occurs as a
result of the institution's practices, policies, or
conditions.
(7) "Law
enforcement agency" means the police department in any city or town and/or
the state police.
(8) "Mental
injury" includes a state of substantially diminished psychological or
intellectual functioning in relation to, but not
limited to, such factors as: failure to thrive; ability
to think or reason; control of aggressive or
self-destructive impulses; acting-out or misbehavior,
including incorrigibility, ungovernability,
or habitual truancy; provided, however, that the injury
must be clearly attributable to the unwillingness or
inability of the parent or other person
responsible for the child's welfare to exercise a
minimum degree of care toward the child.
(9) "Person
responsible for child's welfare" means the child's parent, guardian, any
individual, eighteen (18) years of age or older, who
resides in the home of a parent or guardian
and has unsupervised access to a child, foster parent,
an employee of a public or private
residential home or facility, or any staff person
providing out-of-home care (out-of-home care
means child day care to include family day care, group
day care, and center-based day care).
Provided further that an individual, eighteen (18)
years of age or older, who resides in the home
of a parent or guardian and has unsupervised access to
the child, shall not have the right to
consent to the removal and examination of the child
for the purposes of section 40-11-6.
(10)
"Physician" means any licensed doctor of medicine, licensed
osteopathic physician,
and any physician, intern, or resident of an
institution as defined in subdivision (5).
(11) "Probable
cause" means facts and circumstances based upon as accurate and reliable
information as possible that would justify a
reasonable person to suspect that a child is abused or
neglected. The facts and circumstances may include
evidence of an injury or injuries, and the
statements of a person worthy of belief, even if there
is no present evidence of injury.
(12) "Shaken baby
syndrome" means a form of abusive head trauma, characterized by a
constellation of symptoms caused by other than
accidental traumatic injury resulting from the
violent shaking of and/or impact upon an infant or
young child's head.
SECTION
21. Sections 42-56-20.3 and 42-56-37 of the General Laws in Chapter 42-56
entitled "Corrections
Department" are hereby amended to read as follows:
42-56-20.3.
Community correctional program for women offenders. -- (a) Program
established. - In addition to the provisions of
section 42-56-20.2, there shall be established within
the department of corrections a community correctional
program for women offenders.
Notwithstanding any provision to the contrary, the
department of corrections may contract with
private agencies to carry out the provisions of this
section. The civil liability of these agencies
and their employees, acting within the scope of their
employment, and carrying out the provisions
of this section, shall be limited in the same manner
and dollar amount as if they were agencies or
employees of the state.
(b) Persons subject to
this section. - Every person who is either sentenced to
imprisonment in the women's division of the adult
correctional institutions for a term of two (2)
years or less or awaiting trial at the women's
division of the adult correctional institutions shall be
eligible to serve in the community confinement program
for women offenders under the
provisions of this section.
(c) Terms of community
correctional program.
(1) The director, or
his or her designee, shall refer persons eligible to serve in the
community correctional program to the program director
of the community correctional program.
The program director shall be responsible for
developing with each person an individualized plan,
which shall be designed toward providing her an
opportunity for rehabilitation and restitution.
Each plan shall assess the need for, and provide for,
employment, vocational or academic
education, housing, restitution, community service, or
any other social service or counseling need
appropriate to the particular woman. Each plan shall
be submitted to the director of the
department of corrections, or his or her designee, for
approval.
(2) Upon approval by
the director, or his or her designee, of the plan, the plan shall be
submitted to the sentencing judge for his or her
approval. Upon the court's approval, the person
shall be released from the adult correctional
institutions for participation in the community
correctional program. The supervision of persons so
released shall be conducted by the director,
or his or her designee. The director, or his or her
designee, shall have the full power and authority
set forth in section 42-56-20.2.
(d) Violations. - Any
person serving in the community correctional program who is
found to be a violator of any of the terms and
conditions imposed upon her according to her plan,
this section or any rules, regulations, or
restrictions issued pursuant hereto shall serve the balance
of her sentence in a classification deemed appropriate
by the director.
(e) Costs.
(1) Assessment of
additional penalty for prostitution related offenses. - There shall be
assessed as a penalty, in addition to those provided
by law, against all defendants charged under
sections 11-34-1, 11-34-5, 11-34-5.1, and 11-34-8.1 section 11-34.1-1 et seq., who plead nolo
contendere or guilty, or who are found guilty of the commission
of those crimes as follows:
(i)
Where the offense charged is a felony, the assessment shall be in the amount of
five
hundred dollars ($500), or ten percent (10%) of any
fine imposed on the defendant by the court,
whichever is greater;
(ii) Where the offense
charged is a misdemeanor, the assessment shall be in the amount
of three hundred and fifty dollars ($350), or ten percent
(10%) of any fine imposed on the
defendant by the court, whichever is greater;
(iii) Costs shall be
assessed whether or not the defendant is sentenced to prison.
(2) When there are
multiple counts or multiple charges to be disposed of simultaneously,
the judge may, in his or her discretion, suspend the
obligation of the defendant to pay on more
than three (3) counts or charges.
(3) The assessment
shall be deposited as general revenues.
42-56-37. Human
Immunodeficiency Virus (HIV) testing. -- (a) Every person who is
committed to the adult correctional institutions to
answer for any criminal offense, after
conviction, is required to be tested for human
immunodeficiency virus (HIV). No consent for this
test is required from the person being tested, nor is
this test subject to waiver. In addition,
periodic testing for HIV, including testing at the
time of release and when deemed appropriate by
a physician, is required. No consent on the part of
the person being tested is required.
(b) All inmates shall
be provided appropriate pretest and post-test counseling in
accordance with accepted medical standards. Inmates
who develop AIDS or AIDS related
complex are entitled to all reasonable medical
treatment available for their illness. No inmate
shall be punished, segregated, or denied recreation
privileges solely on the basis of a positive test
result. However, the health care services division of
the department of corrections shall, not later
than September 1, 1998, adopt and put into effect
reasonable rules and steps to protect the
confidentiality of the HIV test results, in accordance
with section 23-6-17 23-6.3-8 and to prevent
persons testing positive for HIV from infecting other
inmates and/or correctional staff. If any
person, including any member of the correctional staff
at the state department of corrections, is
assaulted or comes into contact with bodily fluid from
an inmate or detainee, a department of
corrections physician will incorporate accepted medical
standards and determine whether the
incident places the exposed person at risk for HIV or
any other blood borne disease. This may
involve drawing a serum sample on the source inmate or
detainee in accordance with section 23-
6-14 23-6.3-4
and performing tests to determine the presence of blood borne infections such
as
HIV or hepatitis virus. The physician will immediately
inform the exposed person of the medical
assessment of risk, which will take into account the serostatus of the source inmate or detainee,
and will provide for emergency medical care, according
to accepted medical standards.
(c) The department of
corrections shall institute a comprehensive HIV education and
drug treatment program for inmates and staff at all of
its facilities. The educational program for
correctional staff shall be in-service, fully
reimbursable to the employee, and mandatory and shall
be given periodically in collaboration with the
department of health. The department of
corrections shall make easily accessible personal
protective equipment for correctional personnel
to be used in the event of administering cardiac or
respiratory resuscitation.
SECTION
22. Section 44-54-1 of the General Laws in Chapter 44-54 entitled "Disabled
Access Credit For Small
Businesses" is hereby amended to read as follows:
44-54-1. Tax
credit. -- (a) A small business taxpayer that pays for or incurs
expenses to
provide access to persons with disabilities shall be
allowed a credit, to be computed against the
tax imposed by chapters 11 and 13 of this title. The
expenses must be paid or incurred to enable
the small business to comply with federal or state
laws protecting the rights of persons with
disabilities. The credit is equal to ten percent (10%)
of the total amount expended in the state of
($1,000) for:
(1) Removing
architectural, communication, physical, or transportation barriers;
(2) Providing qualified
interpreters or other effective methods of delivering aurally
delivered materials to persons with hearing
impairments;
(3) Providing readers,
tapes or other effective means of making visually delivered
materials available to persons with visual
impairments;
(4) Providing job
coaches or other effective methods of supporting workers with severe
impairments in competitive employment;
(5) Providing
specialized transportation services to employees or customers with
mobility impairments;
(6) Buying or modifying
equipment for persons with disabilities; and
(7) Providing similar
services, modifications, material or equipment for persons with
disabilities;
(b) As used in this chapter,
the following words have the following meanings:
(1) "Small
business" is one that for the preceding year had thirty (30) or fewer
full-time
employees, or had one million dollars ($1,000,000) or
less in gross receipts.
(2) "Full-time employee"
is one employed at least thirty (30) hours a week for twenty
(20) or more calendar weeks in the proceeding preceding
year.
(3) "Federal or
state laws protecting the rights of persons with disabilities" includes
but
is not limited to the: Americans with Disabilities Act
of 1990, 42 U.S.C. section 12101 et. seq.;
Title V of the Rehabilitation Act of 1973, 29 U.S.C.
section 794; Declaration of Certain
Constitutional Rights and Principles --
Discrimination, R.I. Const. art. 1, section 2; Civil Rights
of People with Disabilities, chapter 87 of title 42;
Open Meeting Handicapped Accessibility for
persons with disabilities, section 42-46-13; Access
for persons with disabilities, section 37-8-15;
and AIDS Discrimination Prohibited, section 23-6-22
23-6.3-11.
(4) "Amount
expended" means the actual sum of money spent.
SECTION
23. Section 46-15.3-20 of the General Laws in Chapter 46-15.3 entitled
"Public Drinking Water
Supply System Protection" is hereby amended to read as follows:
46-15.3-20.
Enforcement. -- (a) The water resources board shall forward any
determination of non-compliance made pursuant to
sections 46-15.3-7.5, and 46-15.3-7.6 and 46-
15.3-15 to
the division of public utilities and carriers. The division of public utilities
and carriers
shall consider such determinations of non-compliance
as a complaint under section 39-4-3.
(b) The order of the
division of public utilities and carriers may be appealed pursuant to
section 39-5-1.
SECTION
24. Section 14-1-42 of the General Laws in Chapter 14-1 entitled
"Proceedings in Family
Court" is hereby amended to read as follows:
14-1-42.
Modification of order of commitment -- Release, detention, or
recommitment of child. -- (a) An order of commitment made by the court in the
case of a child
shall be subject to modification or revocation from
time to time.
(b) A parent, guardian,
or next friend of a child or counsel for a child who has been
committed or assigned by the court to the custody of
the department of children, youth and
families may at any time file with the court a
verified petition, stating that the person or the
department has denied an application for the release
of the child or has failed to act upon the
application within a reasonable time. If the court is
of the opinion that an investigation should be
had, it may, upon due notice to all concerned, proceed
to hear and determine the question at issue.
If a petition is filed, it shall be the duty of the
court to determine by clear and convincing
evidence that there has been a change of
circumstances, and where the modification or revocation
of the order of commitment is in the best interest of
the child and the public, the court may:
(1) Order that the
child be restored to the custody of its parent or guardian or be detained
in the custody of the person or the department;
(2) Direct the person
or the department to make any other arrangements for the child's
care and welfare that the circumstances of the case
may require; or
(3) A further order of
commitment.
(c) In any case where a
child has been certified and adjudicated pursuant to sections 14-
1-7.2 and 14-1-7.3, and sentenced pursuant to section 14-17.3(a)(2)
14-1-7.3(a)(2), the court shall
schedule a review of the child's case thirty (30) days
prior to the child's eighteenth birthday or
thirty (30) days prior to the one-year anniversary of
the imposition of the sentence, whichever is
greater. It shall be the responsibility of the
attorney general or of the law enforcement agency
making the arrest to notify the victim or victims of
the crime for which the juvenile was certified
and adjudicated of the pendency of the hearing and
afford them the opportunity to be heard. The
court shall not hear or determine any other motion for
modification of the order of certification,
except as provided for in this section. At that time
and upon proof by clear and convincing
evidence that demonstrates that the person has made sufficient
efforts at rehabilitation and that
the modification of the order of certification would
not pose a threat to the safety of the public,
the court may suspend, but shall not vacate, the
balance of the sentence.
(d) In the event that
the court, after a hearing, determines that it has not been
demonstrated by clear and convincing evidence that the
person has made sufficient efforts at
rehabilitation and that the modification of the order
of certification entered pursuant to section 14-
1-7.3(a)(2) would pose a threat to the safety of the
public, the court shall order either:
(1) That the person be
remanded to the training school for youth until further hearing to
be held no later than one year thereafter in
accordance with subsection (c) of this section; or
(2) That the
jurisdiction of the sentence be transferred to the department of corrections
and that the balance of the sentence be served in
facilities under the control of the department.
(3) In any case where a
child has been certified and adjudicated pursuant to section 14-
17.3(a)(2) 14-1-7.3(a)(2),
upon motion by the attorney general and/or the department of children,
youth and families, the court shall conduct a hearing
to consider modification of the order of
certification if the family court determines that the
individual poses a serious threat to the safety
of the public, other residents at the training school
and/or training school staff. Upon that finding
the court may order that the jurisdiction of the sentence
be transferred to the department of
corrections and that the balance of the sentence be
served in facilities under the control of the
department.
SECTION
25. Sections 31-1-3 and 31-1-5 of the General Laws in Chapter 31-1 entitled
"Definitions and
General Code Provisions" are hereby amended to read as follows:
31-1-3. Types of
vehicles. -- (a) (1) "Antique motor car" means any motor
vehicle which
is more than twenty-five (25) years old. Unless fully
inspected and meeting inspection
requirements, the vehicle may be maintained solely for
use in exhibitions, club activities, parades,
and other functions of public interest and may not be
used primarily for the transportation of
passengers or goods over any public highway;
(2) After the vehicle
has met the requirements of state inspection, a registration plate
may be issued to it on payment of the standard fee.
The vehicle may be operated on the highways
of this and other states, and may in addition to the
registration plate retain the designation
"antique" and display an "antique
plate".
(b) (1) "Antique
motorcycle" means any motorcycle which is more than twenty-five (25)
years old. Unless fully inspected and meeting
inspection requirements, the vehicle shall be
maintained solely for use in exhibitions, club
activities, parades, and other functions of public
interest and may not be used primarily for the
transportation of passengers or goods over any
public highway;
(2) After the vehicle
has met the requirements of state inspection, a registration plate
may be issued to it on payment of the standard fee,
and the vehicle may be operated on the
highways of this and other states, and may in addition
to the registration plate retain the
designation "antique" and display an
"antique plate".
(c) "Authorized
emergency vehicle" means vehicles of the fire department (fire patrol),
police vehicles, vehicles used by
vehicles used by the state bomb squad within the
division of state fire marshal, vehicles of
municipal departments or public service corporations
designated or authorized by the
administrator as ambulances and emergency vehicles;
and privately owned motor vehicles of
volunteer firefighters or privately owned motor
vehicles of volunteer ambulance drivers or
attendants, as authorized by the department chief or
commander and permitted by the Rhode
Island association of fire chiefs and
volunteer warning light permits.
(d)
"Automobile" means, for registration purposes, every motor vehicle
carrying
passengers other than for hire.
(e) "Bicycle"
means every vehicle having two (2) tandem wheels, except scooters and
similar devices, propelled exclusively by human power,
and upon which a person may ride.
(f) "Camping
recreational vehicle" means a vehicular type camping unit, certified by
the
manufacturer as complying with ANSI A119.2 Standards
designed primarily as temporary living
quarters for recreation that has either its own motive
power or is mounted on or towed by another
vehicle. The basic units are tent trailers,
fifth-wheel trailers, motorized campers, travel trailers,
and pick-up campers.
(f) (g) "Electric
motorized bicycles" means a motorized bicycle which may be propelled
by human power or electric motor power, or by both,
with an electric motor rated not more than
two (2) (S.A.E.) horsepower, which is capable of a
maximum speed of not more than twenty-five
(25) miles per hour.
(g) (h)
"Electric personal assistive mobility device" ("EPAMD") is
a self-balancing two
(2) non-tandem wheeled device, designed to transport
only one person, with an electric
propulsion system which limits the maximum speed of
the device to fifteen (15) miles per hour.
(h) (i) "Hearse" means every motor vehicle used
for transporting human corpses. A
hearse shall be considered an automobile for
registration purposes.
(j) Fifth-wheel
trailer: A towable recreational vehicle, not exceeding four hundred (400)
square feet in area, designed to be towed by a
motorized vehicle that contains a towing
mechanism that is mounted above or forward of the tow
vehicle's rear axle and which is eligible
to be registered for highway use.
(h) (k)
"Hearse" means every motor vehicle used for transporting human
corpses. A
hearse shall be considered an automobile for
registration purposes.
(i)
(l) "Jitney or bus" means: (1) a "public bus" which includes
every motor vehicle,
trailer, semi-trailer, tractor trailer, or tractor
trailer combination, used for the transportation of
passengers for hire, and operated wholly or in part
upon any street or highway as a means of
transportation similar to that afforded by a street
railway company, by indiscriminately receiving
or discharging passengers, or running on a regular
route or over any portion of one, or between
fixed termini; or (2) a "private bus" which
includes every motor vehicle other than a public bus or
passenger van designed for carrying more than ten (10)
passengers and used for the transportation
of persons, and every motor vehicle other than a
taxicab designed and used for the transportation
of persons for compensation.
(j) (m) "Motorcycle"
means only those motor vehicles having not more than three (3)
wheels in contact with the ground and a saddle on
which the driver sits astride, except bicycles
with helper motors as defined in subsection ( l )
(o) of this section.
(k) (n)
"Motor-driven cycle" means every motorcycle, including every motor
scooter,
with a motor of no greater than five (5) horsepower,
except bicycles with helper motors as
defined in subsection ( l ) (o) of this
section.
(l) (o)
"Motorized bicycles" means two (2) wheel vehicles which may be
propelled by
human power or helper power, or by both, with a motor
rated not more than four and nine-tenths
(4.9) horsepower and not greater than fifty (50) cubic
centimeters, which are capable of a
maximum speed of not more than thirty (30) miles per
hour.
(p) Motorized camper:
A camping recreational vehicle, built on or permanently attached
to a self-propelled motor vehicle chassis cab or van
that is an integral part of the completed
vehicle.
(m) (q)
"Motorized tricycles" means tricycles which may be propelled by human
power
or helper motor, or by both, with a motor rated no
more than 1.5 brake horsepower which is
capable of a maximum speed of not more than thirty
(30) miles per hour.
(n) (r)
"Motorized wheelchair" means any self-propelled vehicle, designed for
and used
by a person with a disability, that is incapable of
speed in excess of eight (8) miles per hour.
(s) "Motor
scooter" means a motor-driven cycle with a motor rated not more than four
and nine-tenths (4.9) horsepower and not greater than
fifty (50) cubic centimeters, which is
capable of a maximum speed of not more than thirty
(30) miles per hour.
(o) (t)
"Motor vehicle" means every vehicle which is self-propelled or
propelled by
electric power obtained from overhead trolley wires,
but not operated upon rails, except vehicles
moved exclusively by human power, an EPAMD and
electric motorized bicycles as defined in
subsection (f) (g) of this section, and
motorized wheelchairs.
(p) (u)
"Motor vehicle for hire" means every motor vehicle other than
jitneys, public
buses, hearses, and motor vehicles used chiefly in
connection with the conduct of funerals, to
transport persons for compensation in any form, or
motor vehicles rented for transporting persons
either with or without furnishing an operator.
(v) Park trailer: A
camping recreational vehicle that is eligible to be registered for
highway use and meets the following criteria: (1)
built on a single chassis mounted on wheels;
and (2) certified by the manufacturer as complying
with ANSI A119.5.
(q) (w)
"Passenger van" means every motor vehicle capable of carrying ten
(10) to
fourteen (14) passengers plus an operator and used for
personal use or on a not-for-hire basis.
Passenger vans may be used for vanpools, transporting
passengers to and from work locations,
provided that the operator receives no remuneration
other than free use of the vehicle.
(r) (x)
"Pedal carriages" (also known as "quadricycles")
means a nonmotorized bicycle
with four (4) or more wheels operated by one or more
persons for the purpose of, or capable of,
transporting additional passengers in seats or on a
platform made a part of or otherwise attached
to the pedal carriage. The term shall not include a
bicycle with trainer or beginner wheels affixed
to it, nor shall it include a wheelchair or other
vehicle with the purpose of operation by or for the
transportation of a handicapped person, nor shall it
include a tricycle built for a child or an adult
with a seat for only one operator and no passenger.
(y) Pick-up camper: A
camping recreational vehicle consisting of a roof, floor, and sides
designed to be loaded onto and unloaded from the back
of a pick-up truck.
(s) (z)
"Rickshaws" (also known as "pedi
cabs") means a nonmotorized bicycle with
three (3) wheels operated by one person for the
purpose of, or capable of, transporting additional
passengers in seats or on a platform made a part of or
otherwise attached to the rickshaw. This
definition shall not include a bicycle built for two
(2) where the operators are seated one behind
the other, nor shall it include the operation of a
bicycle with trainer or beginner wheels affixed
thereto, nor shall it include a wheelchair or other
vehicle with the purpose of operation by or for
the transportation of a handicapped person.
(t) (aa) "School bus" means every motor vehicle
owned by a public or governmental
agency, when operated for the transportation of
children to or from school; or privately owned,
when operated for compensation for the transportation
of children to or from school.
(u) (bb)
"Suburban vehicle" means every motor vehicle with a convertible or
interchangeable body or with removable seats, usable
for both passenger and delivery purposes,
and including motor vehicles commonly known as station
or depot wagons or any vehicle into
which access can be gained through the rear by means
of a hatch or trunk and where the rear seats
can be folded down to permit the carrying of articles
as well as passengers.
(cc) Tent trailer: A
towable recreational vehicle that is mounted on wheels and
constructed with collapsible partial side walls that fold
for towing by another vehicle and unfold
for use and which is eligible to be registered for
highway use.
(v) (dd) "Trackless trolley coach" means every
motor vehicle which is propelled by
electric power obtained from overhead trolley wires, but
not operated on rails.
(ee)
Travel trailer: A towable recreational vehicle, not exceeding three hundred
twenty
(320) square feet in area, designed to be towed by a
motorized vehicle containing a towing
mechanism that is mounted behind the tow vehicle's
bumper and which is eligible to be registered
for highway use.
(w) "Camping
recreational vehicle" means a vehicular type camping unit, certified by
the
manufacturer as complying with ANSI A119.2 Standards
designed primarily as temporary living
quarters for recreation that has either its own motive
power or is mounted on or towed by another
vehicle. The basic units are tent trailers, fifth
wheel trailers, motorized campers, travel trailers,
and pick-up campers.
(x) (ff)
"Vehicle" means every device in, upon, or by which any person or
property is or
may be transported or drawn upon a highway, except
devices used exclusively upon stationary
rails or tracks.
(y) Tent trailer: A
towable recreational vehicle that is mounted on wheels and
constructed with collapsible partial side walls that
fold for towing by another vehicle and unfold
for use and which is eligible to be registered for
highway use.
(z) Fifth wheel
trailer: A towable recreational vehicle, not exceeding four hundred (400)
square feet in area, designed to be towed by a
motorized vehicle that contains a towing
mechanism that is mounted above or forward of the tow
vehicle's rear axle and which is eligible
to be registered for highway use.
(aa)
Motorized camper: A camping recreational vehicle, built on or permanently
attached
to a self-propelled motor vehicle chassis cab or van
that is an integral part of the completed
vehicle.
(bb) Travel trailer:
A towable recreational vehicle, not exceeding three hundred twenty
(320) square feet in area, designed to be towed by a
motorized vehicle containing a towing
mechanism that is mounted behind the tow vehicle's
bumper and which is eligible to be registered
for highway use.
(cc) Pick-up camper:
A camping recreational vehicle consisting of a roof, floor, and
sides designed to be loaded onto and unloaded from the
back of a pick-up truck.
(dd)
Park trailer: A camping recreational vehicle that is eligible to be registered
for
highway use and meets the following criteria: (i) built on a single chassis mounted on wheels; and
(ii) certified by the manufacturer as complying with
ANSI A119.5.
(ee)
"Motor scooter" means a motor-driven cycle with a motor rated not
more than four
and nine-tenths (4.9) horsepower and not greater than
fifty (50) cubic centimeters, which is
capable of a maximum speed of not more than thirty
(30) miles per hour.
31-1-5. Trailers.
-- (a) "Pole trailer" means every vehicle without motive
power designed
to be drawn by another vehicle and attached to the
towing vehicle by means of a reach, or pole, or
by being boomed or secured to the towing vehicle, and
ordinarily used for transporting long or
irregularly shaped loads such as poles, pipes, or
structural members capable, generally, of
sustaining themselves as beams between the supporting
connections.
(b)
"Semi-trailer" means every vehicle with or without motive power,
other than a pole
trailer, designed for carrying persons or property and
for being drawn by a motor vehicle,
constructed so that some of its weight and that of its
load rests upon or is carried by another
vehicle.
(c)
"Trailer" means every vehicle without motive power, other than a pole
trailer,
designed for carrying persons or property and for
being drawn by a motor vehicle, constructed so
that none of its weight rests upon the towing vehicle.
(d) (c)
"Tractor-semi-trailer combination" means every combination of a
tractor and a
semi-trailer properly attached to the tractor to form
an articulated vehicle.
(e) (d)
"Tractor-trailer combination" means every combination of a tractor
and a trailer,
properly attached to the tractor to form an
articulated vehicle.
(e)
"Trailer" means every vehicle without motive power, other than a pole
trailer,
designed for carrying persons or property and for
being drawn by a motor vehicle, constructed so
that none of its weight rests upon the towing vehicle.
SECTION
26. Section 31-3-7 of the General Laws in Chapter 31-3 entitled
"Registration
of Vehicles" is hereby
amended to read as follows:
31-3-7.
Registration -- Indexing of records. -- The division of motor vehicles
shall file
each application received and when satisfied as to its
genuineness and regularity, and that the
applicant is entitled to register the vehicle, shall
register the vehicle and keep a record of it in
suitable books or on index cards as follows:
(a) (1)
Under a distinctive regulation number assigned to the vehicle;
(b) (2)
Alphabetically, under the name of the owner;
(c) (3)
Under the motor number if available, otherwise any other identifying number of
the vehicle; and
(d) (4)
In the discretion of the division of motor vehicles, in any other manner it may
deem desirable.
SECTION
27. Section 31-3.1-37 of the General Laws in Chapter 31-3.1 entitled
"Certificates of Title
and Security Interests" is hereby amended to read as follows:
31-3.1-37. Passage
of title upon death of owner. -- Unless otherwise provided in the
last will and testament of a decedent, any motor
vehicle(s) owned by the decedent shall belong,
and title to them shall pass, to the surviving spouse.
(a) (1)
The administrator of the division of motor vehicles shall register the motor
vehicle(s) in the name of the surviving spouse upon
presentation to the division of motor vehicles
of:
(1) (i) A certified copy of the death certificate of the
deceased spouse;
(2) (ii)
Registration(s) of the motor vehicle(s) of the deceased spouse.
(b) (2)
No fee shall be charged to the surviving spouse for issuance of a new
certificate
of title.
(c) (3) A
surviving spouse shall not be charged a registration fee during the year he or
she is registering the vehicle(s) in his or her name
and having a new certificate of title issued,
(1) (i) Where the deceased spouse registered that motor
vehicle(s) with the division of
motor vehicles; and
(2) (ii)
Paid the registration fees provided in section 31-6-1 for the motor vehicle(s)
for
the year.
(d) (4)
Where the deceased spouse did not register the motor vehicle(s) or failed to
pay a
registration fee pursuant to section 31-6-1 for the
year in which the surviving spouse appears to
register the motor vehicle(s) and have a new title
certificate issued in his or her name, then the
surviving spouse shall pay a pro rata amount of the
annual registration fee for the remaining
months of the year.
SECTION
28. Sections 31-10-6.2 and 31-10-34.5 of the General Laws in Chapter 31-10
entitled "Operators'
and Chauffeurs' Licenses" are hereby amended to read as follows:
31-10-6.2.
Out-of-state exceptions. -- (a) A nonresident who is at least
seventeen (17)
years old but less than eighteen (18) years old, who
has an unrestricted drivers license issued by
that state, and who becomes a resident of this state
may apply for and obtain within thirty (30)
days of establishing residency one of the following:
(1) Temporary permit. -
If the person has not completed a drivers education course that
meets the requirements of the department of education
but is currently enrolled in a drivers
education course that meets these requirements. A
temporary permit is valid for the period
specified in the permit and authorizes the holder of
the permit to drive a specified type or class of
motor vehicle when in possession of the permit,
subject to any restrictions imposed by the
division of motor vehicles concerning time of driving,
supervision, and passenger limitations. The
period must end within ten (10) days after the
expected completion date of the drivers education
course in which the applicant is enrolled.
(2) Full operator's
license. - If the person has completed a drivers education course that
meets the requirements of the department of elementary
and secondary education; has held the
license issued by the other state for at least twelve (12)
months; and has not been convicted
during the preceding six (6) months of a motor vehicle
moving violation, a seat belt infraction, or
an offense committed in another jurisdiction that
would be a motor vehicle moving violation or
seat belt infraction if committed in this state.
(3) Limited provisional
license. - If the person has completed a drivers education course
that meets the requirements of the department of
elementary and secondary education but either
did not hold the license issued by the other state for
at least twelve (12) months; or was convicted
during the preceding six (6) months of a motor vehicle
moving violation, a seat belt infraction or
an offense committed in another jurisdiction that
would be a motor vehicle moving violation or
seat belt infraction if committed in this state.
31-10-34.5.
Transfer of functions to administrator of division of motor vehicles. --
Upon the effective date of this act On [May 4, 2005] all functions,
services performed,
responsibilities and duties formerly of the drivers'
training school licensing board are hereby
transferred to the administrator of the division of
motor vehicles.
SECTION
29. Section 31-21.1-5 of the General Laws in Chapter 31-21.1 entitled
"Traffic
Stops Statistics" is
hereby amended to read as follows:
31-21.1-5.
Adoption of written policies. – (a) Not later than ninety (90)
days after
January 1, 2004, each police department and the state
police shall adopt written policies which
shall prohibit the use of racial profiling as the sole
reason for stopping or searching motorists for
routine traffic stops.
(b) Copies of
the policies adopted pursuant to this section shall be submitted to the
attorney general and the committee, and shall be
public records.
SECTION
30. Section 31-41.1-1 of the General Laws in Chapter 31-41.1 entitled
"Adjudication of
Traffic Offenses" is hereby amended to read as follows:
31-41.1-1. Form of
summons. -- (a) The summons and complaint to be issued to an
offending operator shall contain any information, and
be in any form that may be required by the
rules of procedure promulgated by the chief magistrate
of the traffic tribunal. Every summons
shall provide notice of:
(i)
(1) The charge or charges against the operator; and
(ii) (2)
A date to appear in the traffic tribunal and answer the charges against him or
her.
(b) The form for the
summons and complaint authorized by this section shall be used for
all violations specified in sections 8-8.2-2, 8-18-3
and 8-18-9. The summons may be the same as
the summons provided for in section 31-27-12. The
chief executive officer of each local police
force which is required to use the summons and
complaint provided for in this chapter shall
prepare or cause to be prepared any records and
reports that may be prescribed by the rules of the
traffic tribunal.
SECTION
31. Sections 31-41.2-3, 31-41.2-4 and 31-41.2-9 of the General Laws in
Chapter 31-41.2 entitled
"Automated Traffic Violation Monitoring Systems" are hereby amended
to read as follows:
31-41.2-3.
Automated traffic violation monitoring systems. -- (a) The state
department
of transportation and the municipalities of this state
are hereby authorized to install and operate
automated traffic violation detection systems. Such
systems shall be limited to systems which
monitor and detect violations of traffic control
signals. For purposes of this chapter an automated
traffic violation detection system means a system with
one or more motor vehicle sensors which
produces images of motor vehicles being operated in
violation of traffic signal laws.
(b) No automated
traffic violation detection system shall be installed pursuant to this
section which has not been approved for use by the
director of the state department of
transportation. The director of the state department
of transportation shall promulgate regulations
for the approval and operation of said systems
pursuant to the administrative procedures act,
chapter 35 of title 42. Systems shall be approved if
the director is satisfied they meet standards of
efficiency and accuracy. All systems installed for use
under this chapter must be able to record
the image of the vehicle and the license plates of the
vehicle.
(c) In the event that
the system is to be installed other than by the state department of
transportation on state-maintained streets or roads,
the director of the department of transportation
must approve such installation.
(d) The state
department of transportation and/or the municipalities may enter into an
agreement with a private corporation or other entity
to provide automated traffic violation
detection systems or equipment and to maintain such
systems.
(e) Compensation
to a private entity that provides traffic signal monitoring devices shall
be based on the value of such equipment and related
support services, and shall not be based on
the revenue generated by such systems.
31-41.2-4.
Procedure -- Notice. -- (a) Except as expressly provided in this
chapter, all
prosecutions based on evidence produced by an
automated traffic violation detection system shall
follow the procedures established in chapter 41.1 of
this title, chapter 8-18 of these general laws
and the rules promulgated by the chief magistrate of
the traffic tribunal for the hearing of civil
traffic violations. Citations may be issued by an
officer solely based on evidence obtained by use
of an automated traffic violation detection system.
All citations issued based on evidence
obtained from an automated traffic violation detection
system shall be issued within fourteen (14)
days of the violation.
(b) It shall be
sufficient to commence a prosecution based on evidence obtained from an
automated traffic violation detection system that a
copy of the citation and supporting
documentation be mailed to the address of the
registered owner kept on file by the registry of
motor vehicles pursuant to section 31-3-34 of these
general laws. For purposes of this section, the
date of issuance shall be the date of mailing.
(c) The officer issuing
the citation shall certify under penalties of perjury that the
evidence obtained from the automated traffic violation
detection system was sufficient to
demonstrate a violation of the motor vehicle code.
Such certification shall be sufficient in all
prosecutions pursuant to this chapter to justify the
entry of a default judgment upon sufficient
proof of actual notice in all cases where the citation
is not answered within the time period
permitted.
(d) The citation shall
contain all the information provided for on the uniform summons
as referred to in section 31-41.1-1 of the general
laws and the rules of procedure promulgated by
the chief magistrate of the traffic tribunal subject
to the approval of the supreme court pursuant to
section 8-6-2.
(e) In addition to the
information in the uniform summons, the following information
shall be attached to the citation:
(i)
(1) Copies of two (2) or more photographs, or microphotographs, or other
recorded
images taken as proof of the violation; and
(ii) (2)
A signed statement by a trained law enforcement officer that, based on
inspection
of recorded images, the motor vehicle was being
operated in violation of section 31-13-4 of this
subtitle; and
(iii) (3)
A statement that recorded images are evidence of a violation of this chapter;
and
(iv) (4)
A statement that the person who receives a summons under this chapter may
either pay the civil penalty in accordance with the
provisions of section 31-41.1-3, or elect to
stand trial for the alleged violation.
31-41.2-9.
Reports. -- (a) The agency or municipality authorizing the
installation of
automated traffic signal detection systems shall
prepare an annual report containing data on:
(1) the The number of citations issued at each particular
intersection;
(2) the The number of those violations paid by mail;
(3) the The number of those violations found after trial or
hearing;
(4) the The number of violations dismissed after trial or
hearing;
(5) the The number of accidents at each intersection;
(6) a A description as to the type of accident;
(7) an An indication regarding whether there were any
injuries involved in any accident
reported;
(8) the The cost to maintain the automated traffic signal
detection system; and
(9) the The amount of revenue obtained from the automated
traffic signal detection
system.
SECTION
32. Sections 31-47.3-2 and 31-47.3-3 of the General Laws in Chapter 31-47.3
entitled "The Diesel
Emissions Reduction Act" are hereby amended to read as follows:
31-47.3-2.
Definitions. -- When used in this chapter:
(1) "Best available
retrofit technology" means technology, verified by the
Environmental Protection Agency or California Air
Resources Board (CARB) for achieving
reductions in particulate matter emissions at the
highest classification level for diesel emission
control strategies that is applicable to the
particular engine and application. Such technology shall
not result in a net increase in nitrogen oxides.
(2) "Closed
crankcase ventilation system (CCV)" means a system that separates oil and
other contaminant from the blow-by gases and routes
the blow-by gases into a diesel engine's
intake system downstream of air filter.
(2) "Heavy duty
vehicle" or "vehicle" means any on-road or nonroad
vehicle powered by
diesel fuel and having a gross vehicle weight of
greater than fourteen thousand (14,000) pounds.
(3)
"Director" refers to the director of the department of environmental
management
(DEM).
(4) "Full-sized
school bus" means a school bus, as defined in
section 31-1-3, which is a type 1 diesel school bus,
including spare buses operated by or under
contract to a school district, but not including
emergency contingency vehicles or low usage
vehicles.
(5) "Heavy duty
vehicle" or "vehicle" means any on-road or nonroad
vehicle powered by
diesel fuel and having a gross vehicle weight of
greater than fourteen thousand (14,000) pounds.
(4) (6)
"Level 1 control" means a verified diesel emission control device
that achieves a
particulate matter (PM) reduction of twenty-five
percent (25%) or more compared to uncontrolled
engine emissions levels.
(5) (7)
"Level 2 control" means a verified diesel emission control device
that achieves a
particulate matter (PM) emission reduction of fifty
percent (50%) or more compared to
uncontrolled engine emission levels.
(6) (8)
"Level 3 control" means a verified diesel emission control device
that achieves a
particulate matter (PM) emission reduction of eighty-five
percent (85%) or more compared to
uncontrolled engine emission levels, or that reduces
emissions to less than or equal to one one-
hundredth (0.01) grams of (PM) per brake
horsepower-hour. Level 3 control includes repowering
or replacing the existing diesel engine with an engine
meeting US EPA's 2007 Heavy-duty
Highway Diesel Standards, or in the case of a nonroad engine, an engine meeting the US EPA's
Tier 4 Nonroad Diesel
Standards.
(7) "Closed
crankcase ventilation system (CCV)" means a system that separates oil and
other contaminant from the blow-by gases and routes
the blow-by gases into a diesel engine's
intake system downstream of air filter.
(8) "Full-sized
school bus" means a school bus, as defined in (
section (31-1-3), which is a type 1 diesel school bus,
including spare buses operated by or under
contract to a school district, but not including
emergency contingency vehicles or low usage
vehicles.
(9) "Model year
2007 emission standards" means engine standards promulgated by the
federal Environmental Protection Agency in 40 CFR
Parts 69, 80 and 86.
(10) "Verified
emissions control device" means a device that has been verified by the
federal Environmental Protection Agency or the
California Air Resources Board to reduce
particulate matter emissions by a given amount.
31-47.3-3.
Reducing emissions from school buses. -- (a) Purpose. - To reduce
health
risks from diesel particulate matter (DPM) to
reducing tailpipe emissions from school buses, and
preventing engine emissions from entering the
passenger cabin of the buses.
(b) Requirements for
(i)
(1) By September 1, 2010, no full-size school bus with an engine model
year 1993 or
older may be used to transport school children in
(ii) (2)
Providing there is sufficient federal or state monies, by September 1, 2010,
all
full-sized school buses transporting children in
crankcase ventilation system and either: (A) (i) be equipped with a level 1, level 2, or level 3
device verified by the US Environmental Protection
Agency or the California Air Resources
Board; or (B) (ii) be equipped with an
engine of model year 2007 or newer; or (C) (iii) achieve
the same or higher diesel PM reductions through the
use of an alternative fuel such as compressed
natural gas verified by CARB/EPA to reduce DPM
emissions at a level equivalent to or higher
than subsection (B) (ii) above.
(c) Financial
assistance to defray costs of pollution reductions called for in (b)(ii)(2):
(i)
(1) DEM shall work with the Rhode Island department of transportation or
other
authorized transit agencies to maximize the allocation
of federal congestion mitigation and air
quality (CMAQ) money for Rhode Island for diesel
emissions reductions in federal FY 2008 and
thereafter until the retrofit goals in this act are
met. The (CMAQ) program is jointly administered
by the federal highway administration (FHWA) and the
federal transit administration (FTA), and
was reauthorized by congress in 2005 under the safe,
accountable, flexible, and efficient
transportation equity act: A legacy for users
(SAFETEA-LU). The (SAFETEA-LU) requires
states and MPOs to give
priority in distributing CMAQ funds to diesel engine retrofits, and other
cost-effective emission reduction and congestion
mitigation activities that benefit air quality.
(ii) (2)
Drawing upon any available federal or state monies, the director shall
establish
and implement a system of providing incentives
consistent with this section to municipalities,
vendors, or school bus owners for the purchase and installation
of any CARB/EPA-verified
emission control retrofit device together with the
purchase and installation of closed crankcase
ventilation system (CCV) retrofit device. In 2007, the
per-unit incentive shall not exceed one
thousand two hundred fifty dollars ($1,250) for a
level 1 device plus a CCV, or two thousand five
hundred dollars ($2,500) for a level 2 device plus a
CCV, or for model years 2003-2006 five
thousand dollars ($5,000) for a level 3 device plus a
CCV. Incentive levels may be reevaluated
annually, with the goal of maintaining competition in
the market for retrofit devices. To the
extent practicable, in kind services will also be
utilized to offset some of the costs. Incentive
recipients must also certify that newly purchased or retrofitted
buses with a level 3 technology
will operate in the state of Rhode Island for a
minimum of four (4) years.
(d) Priority community
provision:
(i)
(1) When penalty funds, state SEP funds, federal funds, or funds from
other state or
non- state sources become available, these should
first be allocated toward further offsetting costs
of achieving "best available" emissions
control in "priority communities";
(ii) (2)
The "best available" standard is attained by all new buses (MY2007
and newer)
and by diesel buses model year 2003 to 2006, inclusive
that has been retrofitted with level 3-
verified diesel particulate filters and closed
crankcase ventilation systems, by diesel buses model
year 1994 to 2002, inclusive that has been retrofitted
with at least level 2-verified diesel
particulate filters and closed crankcase ventilation
systems or could be achieved with a natural
gas bus that achieves the same or better standards of
cleanliness as a 2007 diesel bus standard;
and
(iii) (3)
"Priority communities" (to be identified by the Rhode Island DEM) are
Rhode
Island communities that have high levels of ambient
air pollution and high incidence of childhood
respiratory impacts.
(e) To achieve the
pressing public health and environmental goals of this act, DEM shall
identify opportunities to achieve maximize PM
reductions from diesel powered heavy duty
vehicle or equipment that is owned by, operated by, or
on behalf of, or leased by, or operating
under a contact to a state agency or state or regional
public authority (except vehicles that are
specifically equipped for emergency response) and
diesel powered waste collection and recycling
vehicles that are owned, leased, or contracted to
perform the removal or transfer or municipal,
commercial or residential waste, or recycling
services. No later than January 1, 2008, DEM shall
present a report to the general assembly, governor,
house committee on environment and natural
resources, and the senate committee on environment and
agriculture on such opportunities to
maximum PM reductions from the aforementioned fleets
including legislative changes, regulatory
changes, funding sources, contract requirements,
procurement requirements, and other
mechanisms that will bring about maximum PM reductions
from these two priority fleets. This
report shall explore funding sources beyond CMAQ,
including but not limited to Diesel
Reductions Emissions Reduction Act (DERA) funds under
the Federal Energy Act.
(f) Severability. - If
any clause, sentence, paragraph, section or part of this act shall be
adjudged by any court of competent jurisdiction to be
invalid and after exhaustion of all further
judicial review, the judgment shall not affect, impair
or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly
involved in the controversy in which the judgment
shall have been rendered.
SECTION
33. Sections 31-51-3 and 31-51-9 of the General Laws in Chapter 31-51
entitled "School Bus
Safety Enforcement" are hereby amended to read as follows:
31-51-3. Procedure
-- Notice. -- (a) Except as expressly provided in this chapter, all
prosecutions based on evidence produced by a live
digital video school bus violation detection
monitoring system shall follow the procedures
established in chapter 41.1 of this title, chapter 8-
18 of the general laws and the rules promulgated by
the chief magistrate of the traffic tribunal for
the hearing of civil traffic violations in the traffic
tribunal. Citations may be issued by an officer
solely based on evidence obtained by use of a live
digital video school bus violation detection
monitoring system. All citations issued based on
evidence obtained from a live digital video
school bus violation detection monitoring system shall
be issued within seven (7) days of the
violation. Notwithstanding any provisions of the
general laws to the contrary, exclusive
jurisdiction to hear and decide any violation under
this chapter shall be with the traffic tribunal.
(b) It shall be
sufficient to commence a prosecution based on evidence obtained from a
live digital video school bus violation detection
monitoring system. A copy of the citation and
supporting documentation shall be mailed to the
address of the registered owner kept on file by
the registry of motor vehicles pursuant to section
31-3-34 of the general laws. For purposes of
this section, the date of issuance shall be the date
of mailing.
(c) The officer issuing
the citation shall certify under penalties of perjury that the
evidence obtained from the live digital video school
bus violation detection monitoring system
was sufficient to demonstrate a violation of the motor
vehicle code. Such certification shall be
sufficient in all prosecutions pursuant to this
chapter to justify the entry of a default judgment
upon sufficient proof of actual notice in all cases
where the citation is not answered within the
time period permitted.
(d) The citation shall
contain all the information provided for on the uniform summons
as referred to in section 31-41.1-1 of the general
laws and the rules of procedure promulgated by
the chief magistrate of the traffic tribunal for the
traffic tribunal, as well as the date, time and
location of the violation.
(e) In addition to the
information in the uniform summons, the following information
shall be attached to the citation as evidence:
(i)
(1) Copies of two (2) or more photographs, or microphotographs, videos,
or other
recorded images taken as proof of the violation;
(ii) (2)
A signed statement by a trained law enforcement officer that, based on
inspection
of recorded images and video, the motor vehicle was
being operated in violation of section 31-20-
12;
(iii) (3)
A statement that recorded images are evidence of a violation of this chapter;
and
(iv) (4)
A statement that the person who receives a summons under this chapter may
either pay the civil penalty in accordance with the
provisions of section 31-20-12, or elect to
stand trial for the alleged violation; and
(v) (5) A
signed affidavit by a person who witnessed live the motor vehicle being
operated in violation of section 31-20-12.
31-51-9. Reports.
-- (a) The school department authorizing the installation of a
live
digital video school bus violation detection
monitoring system shall prepare an annual report
containing data on:
(1) The number of
citations issued;
(2) The number of those
violations paid;
(3) The number of those
violations found after trial or hearing;
(4) The number of
violations dismissed after trial or hearing;
(5) The amount of revenue
obtained from the live digital video school bus violation
detection monitoring system.
SECTION
34. Sections 31-52-1, 31-52-3, 31-52-4 and 31-52-5 of the General Laws in
Chapter 31-52 entitled
"Funeral Procession Act" are hereby amended to read as follows:
31-52-1.
Definitions. -- (a) "Funeral director" and "funeral
establishment" shall have the
same meanings set forth in chapter 5-33.2-1 of the
general laws.
(b) "Funeral
escort" means a person or entity that provides escort services for funeral
processions, including, but not limited to, law
enforcement personnel and agencies.
(c) "Funeral
escort vehicle" means any motor vehicle properly equipped pursuant to this
chapter and which escorts a funeral procession.
(d) "Funeral
lead vehicle" means any motor vehicle, including a funeral hearse,
properly
equipped pursuant to this chapter, leading and
facilitating the movement of a funeral procession.
(b) (e)
"Funeral procession" means two (2) or more vehicles accompanying the
body or
the cremated remains of a deceased person, in the
daylight hours, including a funeral lead vehicle
or a funeral escort vehicle.
(c) "Funeral
lead vehicle" means any motor vehicle, including a funeral hearse,
properly
equipped pursuant to this chapter, leading and
facilitating the movement of a funeral procession.
(d) "Funeral
escort" means a person or entity that provides escort services for funeral
processions, including, but not limited to, law
enforcement personnel and agencies.
(e) "Funeral
escort vehicle" means any motor vehicle properly equipped pursuant to this
chapter and which escorts a funeral procession.
31-52-3. Driving
in funeral procession. -- (a) Operators of vehicles in a funeral
procession must exercise due care when participating
in a funeral procession.
(b) A vehicle in a
funeral procession shall follow the preceding vehicle in the funeral
procession as closely as is practicable and safe. Any
ordinance, law, or regulation requiring that
motor vehicles be operated to allow sufficient space
between them to enable another vehicle to
enter and occupy that space without danger shall not
be applicable to vehicles in a funeral
procession.
(c) The operator of a
motor vehicle in a funeral procession may not drive the vehicle at a
speed greater than:
(i)
(1) Fifty-five (55) miles per hour on a highway where the posted speed
limit is fifty-
five (55) miles per hour or more; or
(ii) (2)
Five (5) miles per hour below the posted speed limit on other streets or roads.
(d) A vehicle being
operated in any funeral procession must have its headlights and tail
lights illuminated.
(e) The turn signals
must be flashing simultaneously as warning lights on a vehicle that
is the first vehicle in a funeral procession and which
the operator has reason to believe is the last
vehicle in the funeral procession.
31-52-4. Funeral
procession right-of-way. -- (a) Except as provided in subsection (d) of
this section, pedestrians and operators of all
vehicles shall yield the right-of-way to any vehicle
which is part of a funeral procession being led by a
funeral escort vehicle or a funeral lead
vehicle.
(b) Whenever the
funeral escort vehicle or funeral lead vehicle in a funeral procession
lawfully enters an intersection, either by reason of a
traffic control device or at the direction of
law enforcement personnel, the remaining vehicles in
the funeral procession may continue to
follow the funeral lead vehicle through the
intersection despite any traffic control devices or
right-of-way provisions of state or local ordinances,
provided the operator of each vehicle
exercises reasonable care toward any other vehicle or
pedestrian on the roadway.
(c) Except as provided
in subsection (d) of this section, an operator of a funeral escort
vehicle may direct the operators of other vehicles in
a funeral procession to proceed through an
intersection or to make turns or other movements
despite any traffic control device. The operator
of a funeral escort vehicle may direct and control the
operators of vehicles not in a funeral
procession, including those in or approaching an intersection,
to stop, proceed, or make turns or
other movements without regard to a traffic control
device. Funeral escort vehicles may exceed
the speed limit by fifteen (15) miles per hour when
overtaking the funeral procession to direct
traffic at the next intersection.
(d) Funeral processions
shall have the right-of-way at intersections regardless of traffic
control devices, subject to the following conditions
and exceptions:
(i)
(1) Operators of vehicles in a funeral procession shall yield the
right-of-way to an
approaching emergency vehicle giving an audible or
visible signal;
(ii) (2)
Operators of vehicles in a funeral procession shall yield the right-of-way when
directed to do so by law enforcement personnel; and
(iii) (3)
Operators of vehicles in a funeral procession must exercise due care when
participating in a funeral procession.
31-52-5. Vehicles
not in funeral procession. -- The operator of a vehicle that is not
part
of a funeral procession may not:
(a) (1)
Drive between the vehicles forming a funeral procession while they are in
motion
except when authorized to do so by law enforcement
personnel or when driving an authorized
emergency vehicle emitting an audible or visible
signal.
(b) (2)
Join a funeral procession to secure the right-of-way as granted by this
chapter.
(c) (3)
Pass a funeral procession on a multiple lane highway on the funeral
procession's
right side unless the funeral procession is in the
farthest left lane.
(d) (4)
Enter an intersection, even if the operator is facing a green traffic control
signal,
when a funeral procession is proceeding through a red
traffic control signal at the intersection as
permitted under this chapter, unless the operator can
do so without crossing the path of the
funeral procession. If the red signal changes to green
while the funeral procession is within the
intersection, the operator of the vehicle facing a
green signal may proceed subject to the right-of-
way of a vehicle participating in a funeral
procession.
(e) (5)
Any person who willfully violates this section shall be guilty of a civil
violation.
SECTION
35. Section 44-5-2 of the General Laws in Chapter 44-5 entitled "Levy and
Assessment of Local
Taxes" is hereby amended to read as follows:
44-5-2. Maximum
levy. -- (a) Through and including its fiscal year 2007, a city or town
may levy a tax in an amount not more than five and
one-half percent (5.5%) in excess of the
amount levied and certified by that city or town for
the prior year. Through and including its
fiscal year 2007, but in no fiscal year thereafter,
the amount levied by a city or town is deemed to
be consistent with the five and one-half percent
(5.5%) levy growth cap if the tax rate is not more
than one hundred and five and one-half percent
(105.5%) of the prior year's tax rate and the
budget resolution or ordinance, as applicable,
specifies that the tax rate is not increasing by more
than five and one-half percent (5.5%) except as
specified in subsection (c) of this section. In all
years when a revaluation or update is not being
implemented, a tax rate is deemed to be one
hundred five and one-half percent (105.5%) or less of
the prior year's tax rate if the tax on a
parcel of real property, the value of which is
unchanged for purpose of taxation, is no more than
one hundred five and one-half percent (105.5%) of the
prior year's tax on the same parcel of real
property. In any year through and including fiscal
year 2007 when a revaluation or update is
being implemented, the tax rate is deemed to be one
hundred five and one-half percent (105.5%)
of the prior year's tax rate as certified by the
division of property valuation and municipal finance
in the department of revenue.
(b) In its fiscal year
2008, a city or town may levy a tax in an amount not more than five
and one-quarter percent (5.25%) in excess of the total
amount levied and certified by that city or
town for its fiscal year 2007. In its fiscal year
2009, a city or town may levy a tax in an amount
not more than five percent (5%) in excess of the total
amount levied and certified by that city or
town for its fiscal year 2008. In its fiscal year
2010, a city or town may levy a tax in an amount
not more than four and three-quarters percent (4.75%)
in excess of the total amount levied and
certified by that city or town in its fiscal year
2009. In its fiscal year 2011, a city or town may
levy a tax in an amount not more than four and
one-half percent (4.5%) in excess of the total
amount levied and certified by that city or town in
its fiscal year 2010. In its fiscal year 2012, a
city or town may levy a tax in an amount not more than
four and one-quarter percent (4.25%) in
excess of the total amount levied and certified by
that city or town in its fiscal year 2011. In its
fiscal year 2013 and in each fiscal year thereafter, a
city or town may levy a tax in an amount not
more than four percent (4%) in excess of the total amount
levied and certified by that city or town
for its previous fiscal year.
(c) The division of
property valuation in the department of revenue shall monitor city
and town compliance with this levy cap, issue periodic
reports to the general assembly on
compliance, and make recommendations on the
continuation or modification of the levy cap on or
before December 31, 1987, December 31, 1990, and
December 31, every third year thereafter.
The chief elected official in each city and town shall
provide to the division of property and
municipal finance within thirty (30) days of final
action, in the form required, the adopted tax
levy and rate and other pertinent information.
(d) The amount levied
by a city or town may exceed the percentage increase as specified
in subsection (a) or (b) of this section if the city
or town qualifies under one or more of the
following provisions:
(1) The city or town
forecasts or experiences a loss in total non-property tax revenues
and the loss is certified by the department of
revenue.
(2) The city or town
experiences or anticipates an emergency situation, which causes or
will cause the levy to exceed the percentage increase
as specified in subsection (a) or (b) of this
section. In the event of an emergency or an
anticipated emergency, the city or town shall notify
the auditor general who shall certify the existence or
anticipated existence of the emergency.
Without limiting the generality of the foregoing, an
emergency shall be deemed to exist when the
city or town experiences or anticipates health
insurance costs, retirement contributions or utility
expenditures which exceed the prior fiscal year's
health insurance costs, retirement contributions
or utility expenditures by a percentage greater than
three (3) times the percentage increase as
specified in subsection (a) or (b) of this section.
(3) A city or town
forecasts or experiences debt services expenditures which exceed the
prior year's debt service expenditures by an amount
greater than the percentage increase as
specified in subsection (a) or (b) of this section and
which are the result of bonded debt issued in
a manner consistent with general law or a special act.
In the event of the debt service increase, the
city or town shall notify the department of revenue
which shall certify the debt service increase
above the percentage increase as specified in
subsection (a) or (b) of this section the prior year's
debt service. No action approving or disapproving
exceeding a levy cap under the provisions of
this section affects the requirement to pay
obligations as described in subsection (d) of this
section.
(4) The city or town
experiences substantial growth in its tax base as the result of major
new construction which necessitates either significant
infrastructure or school housing
expenditures by the city or town or a significant
increase in the need for essential municipal
services and such increase in expenditures or demand
for services is certified by the department
of revenue.
(e) Any levy pursuant
to subsection (d) of this section in excess of the percentage
increase specified in subsection (a) or (b) of
this section shall be approved by the affirmative vote
of at least four-fifths (4/5) of the full membership
of the governing body of the city or town or in
the case of a city or town having a financial town
meeting, the majority of the electors present
and voting at the town financial meeting shall also
approve the excess levy.
(f) Nothing contained
in this section constrains the payment of present or future
obligations as prescribed by section 45-12-1, and all
taxable property in each city or town is
subject to taxation without limitation as to rate or
amount to pay general obligation bonds or notes
of the city or town except as otherwise specifically
provided by law or charter.
SECTION
36. Section 43-2-5 of the General Laws in Chapter 43-2 entitled
"Publication
and Distribution of
Acts" is hereby amended to read as follows:
43-2-5.
Distribution of copies of proceedings. -- The joint committee on
legislative
services shall, as soon as possible after publication
of the public laws, acts of a local and private
nature, and resolutions as provided in section
22-11-3.3, transmit bound copies to each of the
following officers, libraries, or societies. The
copies shall be transmitted by the recipients to their
successors in office:
(a) (1)
One copy each to the governor, lieutenant governor, justices of the supreme,
superior, family and district courts, general
treasurer, state controller, the director of each state
department, administrator of the division of public
utilities and carriers, tax administrator,
director of business regulation, the several town and
city clerks, the several boards of canvassers
and registration, the several probate courts where the
clerk of the court is other than the city or
town clerk, the several clerks or administrators of
the supreme, superior, family and district
courts, reporter of opinions of the supreme court, the
several sheriffs, adjutant general, state judge
advocate general, the division of occupational safety,
the library of any accredited institution of
higher education in the state of Rhode Island, Redwood
Library and Athenaeum, the People's
Library, Newport, Providence Athenaeum, Providence
Public Library, Pawtucket Free Public
Library, any other incorporated library in the state
or any library in the state receiving state aid
that may apply for a copy, the social law library at
Boston, Massachusetts, the New York Public
Library, in New York, the library of the Worcester
County Bar Association, Massachusetts, the
library of the Johns Hopkins University, Maryland, the
library at Cornell University, New York,
the law schools at Cambridge and Boston in
Massachusetts, at New York and at Albany in New
York, at New Haven in Connecticut, the library of the
University of West Virginia, in West
University in
judiciary, finance and commerce, housing and municipal
government, the house of
representatives committees on judiciary, finance and
corporations, the legislative council and the
house of representatives finance committee advisory
staff, each member of the general assembly,
the associate justice of the Supreme Court of the
district judge of the
attorney for the District of Rhode Island, the United
States Marshal, the referee in bankruptcy for
the District of Rhode Island, and the clerk of the
United States District Court;tes assigned
to the
First Circuit, each district judge of the
States district attorney for the District of Rhode
Island, the United States Marshal, the referee in
bankruptcy for the District of Rhode Island, and the
clerk of the United States District Court;
(b) (2)
Four (4) copies to the Secretary of State of the
(c) (3) Two
(2) copies each to the state library, the state law library, the secretary of
state, the attorney general, the public defender, the
Legal Aid Society of Rhode Island, the Rhode
Island Historical Society, the
Shoreham.
(d) (4)
The secretary of state shall keep two (2) copies for the use of his or her
office.
SECTION
37. Sections 44-3-39 and 44-3-58 of the General Laws in Chapter 44-3
entitled "Property
Subject to Taxation" are hereby amended to read as follows:
44-3-39.
Notwithstanding any other provisions of a general or
special law to the contrary, the town council
of the town of
exemptions with respect to the assessed value from
local taxation on taxable real property situated
in the town, owned and occupied by any person over the
age of sixty-five (65) years, whether the
real property is income-producing or not.
(b) The
exemption shall be in an amount established by the town council, including a
complete exemption, and under conditions specified by
the town council including income and/or
property value limitations.
44-3-58. Tax
deferment of elderly persons in the town of
town council of the town of
portion of the property taxes on a single family
dwelling, owned by and occupied as the principal
residence of persons who are sixty-five (65) years or
older may be partially deferred until the
property is disposed of by reason of death of all the
qualified owners, or by reason of transfer or
conveyance, provided, that any deferred taxes and
interest constitute a lien against the real estate.
(b) This act
shall be voted upon by the qualified electors of the town of
entitled to vote upon a proposition to impose a tax or
for the expenditure of money at any special
or regular election held after the passage of this
act. The town clerk will then certify the results to
the secretary of state. Any ordinance passed by the
town council of Narragansett to provide tax
deferment pursuant to the terms of this act shall become
effective upon the approval of a majority
of the electors voting on the question, vote to accept
this section.
SECTION
38. Sections 44-5-11.9, 44-5-29 and 44-5-43 of the General Laws in Chapter
44-5 entitled "Levy
and Assessment of Local Taxes" are hereby amended to read as follows:
44-5-11.9.
Notwithstanding any limitation, condition or any other
provision to the contrary contained within
section 44-5-11.8, the town of
classification tax-rates for each of the following
classification:
(a) (b)
Classes of Property.:
(1) Single-family
homes, condominiums, residential real estate consisting of no more
than two (2) dwelling units (one of which is owner
occupied), land classified as open space, and
dwellings on leased land including mobile homes;
(2) Residential real
estate containing between two (2), three (3), four (4), and five (5)
dwelling units, except for two (2) dwelling units, one
of which is owner occupied;
(3) Residential real
estate containing six (6) or more dwelling units, and properties
containing partial commercial or business uses with
six (6) or more dwelling units;
(4) Commercial and
industrial real estate, and residential properties containing partial
commercial or business uses, with five (5) or less
dwelling units; and
(5) Two (2) separate
and distinct tax classification tax-rates for personal property
described as Class 3 and Class 4 in subsection
44-5-11.8(b)(3) and (b)(4), respectively.
44-5-20.29.
Property tax classification --
assessor and finance director shall provide to the
town council a list containing the full and fair
valuation of each property class, and with the
approval of the town council, annually determine
the percentage of the tax levy to be apportioned each
class of property and shall annually apply
tax rates sufficient to produce the proportion of the
total tax levy.
(b) Classes of
Property.
(1) Class 1. -
Residential real estate consisting of no more than five (5) dwelling units
including dwellings on leased land including mobile
homes. The existing homestead exemption
authorized for residential properties shall continue
in full force and effect.
(2) Class 2. -
Commercial and industrial real estate, and residential real estate of more
than five (5) dwelling units.
(3) Class 3. - All
ratable tangible personal property excluding motor vehicles and trailers.
(Notwithstanding any provisions of the contrary, the
tax rates applicable to wholesale and retail
inventory within Class 3 are governed by section
44-3-29.1).
(4) [Repealed by P.L.
2004, ch. 439, section 1; P.L. 2004, ch. 527, section 1, effective
July 1, 2005.
44-5-43.
Definitions. – (a) As used in this chapter, the following terms
are defined as
follows:
(1) "Assessment
ratio study" means the process of comparing, on a sampling basis, the
current market values of properties to their assessed
valuations, and of applying statistical
procedures to determine assessment levels and to
measure the nonuniformity of assessments.
(2)
"Department" means the department of revenue.
(3) "Russell index
of inequality" is that percentage obtained from the relation between
the average absolute deviation of assessment ratios
and the average ratio of assessment, and
formulated as follows:
(b) Average absolute
deviation of assessment ratios divided by the average assessment
ratio = Russell index of inequality.
SECTION
39. Section 44-5.1-2 of the General Laws in Chapter 44-5.1 entitled "Real
Estate Nonutilization
Tax" is hereby amended to read as follows:
44-5.1-2.
Definitions. -- The following words, terms, and phrases, when used in
this
chapter, have the meanings ascribed to them in this
section, except in those instances where the
context clearly indicates a different meaning:
(1) "Abutter"
means a neighbor whose property touches the property in question.
(2) "Actively
marketed" means good faith efforts by the owner of the property to obtain
one or more occupants of the property. These good
faith efforts may include, without limitation,
one or more of the following:(i)
making substantial financial expenditures in comparison with the
value of the property; or (ii) listing the property
for sale or lease, or both, with one or more real
estate brokers, for a price and on terms, or for a
rental that is realistic considering the fair market
or fair market rental value of the property; or (iii)
advertising, using one or more signs on the
property and at least one other medium, the
availability of the property for sale or rental for a
price and on terms, or at a rental that is realistic
considering the fair market value or fair rental
value of the property. Sporadic attempts to sell or
lease the property during the privilege year may
be viewed as not constituting a good faith marketing
effort.
(3) "Continuously
unoccupied" means any property, which is listed during the entire
privilege year as vacant in the records of a city or
town's department of minimum housing.
(4) "Development
plan" means a plan to rehabilitate a vacant and abandoned property
within a set time frame for a use in conformance with
the city or town's comprehensive plan.
(5) "Nonprofit
housing organization" means any organization exempt from taxation
pursuant to section 501(c)(3) of the Internal Revenue
Code, 26 U.S.C. section 501(c)(3), whose
exempt purposes include the provision of affordable
housing to low and moderate income
households.
(5) (6)
"Privilege year" means the twelve (12) month period corresponding to
the
calendar year.
(6) "Nonprofit
housing organization" means any organization exempt from taxation
pursuant to section 501(c)(3) of the Internal Revenue
Code, 26 U.S.C. section 501(c)(3), whose
exempt purposes include the provision of affordable
housing to low and moderate income
households.
(7) "Reviewing
entity" means the municipal entity designated by the city or town
pursuant to section 44-5.1-3.
(8) "Vacant and
abandoned property" means any property, which is:
(i)
A building that has remained continuously unoccupied during the privilege year
or a
lot, with no existing structure that is littered with
trash and obviously abandoned;
(ii) (A) In the case of
property containing one or more buildings used in whole or in part
for one or more dwelling units immediately prior to
the time the property became vacant, been
under continuous designation as vacant by a city's or
town's department of minimum housing
during the privilege year; or
(B) In the case of property
containing one or more buildings none of which were used in
whole or in part for one or more dwelling units
immediately prior to the time the property became
vacant, been under continuous citation by an agency of
a city or town for violation of minimum
housing code provisions relating to the health or
safety of citizens during the privilege year.
SECTION
40. Section 44-9-12 of the General Laws in Chapter 44-9 entitled "Tax
Sales"
is hereby amended to read
as follows:
44-9-12. Collector's
deed -- Rights conveyed to purchaser -- Recording. -- (a) The
collector shall execute and deliver to the purchaser a
deed of the land, stating the cause of sale,
the price for which the land was sold, the places
where the notices were posted, the name of the
newspaper in which the advertisement of the sale was
published, the residence of the grantee, and
if notice of the sale was given to the Rhode Island
Housing and Mortgage Finance Corporation
and or to the department of elderly affairs under the
provisions of section 44-9-10, the collector
shall include an affirmative certification as to which
entity/entities received notice and the date(s)
on which each such notice was given which shall set
forth in the collector's deed. The deed shall
convey the land to the purchaser, subject to the right
of redemption. The conveyed title shall, until
redemption or until the right of redemption is
foreclosed, be held as security for the repayment of
the purchase price, with all intervening costs, terms imposed
for redemption, and charges, with
interest, and the premises conveyed, both before and
after either redemption or foreclosure, shall
also be subject to and have the benefit of all
easements and restrictions lawfully existing in, upon,
or over the land or appurtenant to the land. The deed
is not valid unless recorded within sixty (60)
days after the sale. If the deed is recorded it is
prima facie evidence of all facts essential to the
validity of the title conveyed by the deed. It shall
be the duty of the collector to record the deed
within sixty (60) days of the sale and to forward said
deed promptly to the tax sale purchaser. The
applicable recording fee shall be paid by the
redeeming party. Except as provided, no sale shall
give to the purchaser any right to either the
possession, or the rents, or profits of the land until the
expiration of one year after the date of the sale, nor
shall any sale obviate or transfer any
responsibility of an owner of property to comply with
any statute of this state or ordinance of any
municipality governing the use, occupancy, or
maintenance or conveyance of property until the
right of redemption is foreclosed.
(b) The rents to
which the purchaser shall be entitled after the expiration of one year and
prior to redemption shall be those net rents actually
collected by the former fee holder or a
mortgagee under an assignment of rents. Rents shall
not include mere rental value of the land, nor
shall the purchaser be entitled to any rent for
owner-occupied single-unit residential property. For
purposes of redemption, net rents shall be computed by
deducting from gross rents actually
collected any sums expended directly or on behalf of
the tenant from whom the rent was
collected. Such expenditure shall include utilities
furnished, repairs made to the tenanted unit, and
services provided for the benefit of the tenant.
However, mortgagee payments, taxes and sums
expended for general repair and renovation (i.e.
capital improvements) shall not be deductible
expenses in the computation of the rent.
(b) (c)
This tax title purchaser shall not be liable for any enforcement or penalties
arising
from violations of environmental or minimum housing
standards prior to the expiration of one
year from the date of the tax sale, except for
violations which are the result of intentional acts by
the tax sale purchaser or his or her agents.
(c) (d)
Upon the expiration of one year after the date of the sale, the tax title
holder shall
be jointly and severally liable with the owner for all
responsibility and liability for the property
and shall be responsible to comply with any statute of
this state or ordinance of any municipality
governing the use, occupancy, or maintenance or conveyance
of the property even prior to the
right of redemption being foreclosed. Nothing in this
section shall be construed to confer any
liability upon a city or town, which receives tax
title as a result of any bids being made for the
land offered for sale at an amount equal to the tax
and charges.
(d) (e)
In the event that the tax lien is acquired by the Rhode Island Housing and
Mortgage Finance Corporation, and said corporation has
paid the taxes due, title shall remain
with the owner of the property, subject to the right
of the corporation to take the property in its
own name, pursuant to applicable statutes and any
regulations duly adopted by the corporation.
Upon such notice by the corporation, the collector
shall execute and deliver a deed to the
corporation as herein provided.
SECTION
41. Section 44-19-10 of the General Laws in Chapter 44-19 entitled "Sales
and Use Taxes - Enforcement
and Collection" is hereby amended to read as follows:
44-19-10. Monthly
returns and payments -- Monthly reports by show promoters. –
(a) Except
as provided in the Streamlined Sales and Use Tax Agreement contained in Chapter
44-
18.1 the taxes imposed by chapter 18 of this title are
due and payable to the tax administrator
monthly on or before the twentieth (20th) day of the
month next succeeding the month for which
return is required to be made. On or before the
twentieth (20th) day of each month, a return for
the previous month shall be filed with the tax
administrator in a form that the tax administrator
may prescribe. For purposes of the sales tax, a return
shall be filed by every person engaged in the
business of making retail sales, the gross receipts
from which are required to be included in the
measure of the sales tax. The tax administrator may
require the filing of a return by any person
holding a permit as provided in section 44-19-2 or
44-19-3. For purposes of the use tax, a return
shall be filed by every retailer maintaining a place
of business in the state and by every person
purchasing tangible personal property, the storage,
use, or other consumption of which is subject
to the use tax, who has not paid the use tax due to a
retailer required to collect the tax. The return
shall be in a form, include information, and bear any
signatures that the tax administrator may
require. At the time of the filing of any return
required under this chapter, the taxpayer shall pay
to the tax administrator the tax due for the month
covered by that return. For the purposes of the
sales tax, gross receipts from rentals, or leases of
tangible personal property are reported and the
tax paid in the manner required by the tax
administrator. The tax administrator for good cause
may extend, for not to exceed one month, the time for
making any return or paying any amount
required to be paid under this chapter. Any person to
whom an extension is granted shall pay, in
addition to the tax, interest at the annual rate
prescribed by section 44-1-7 or fraction of it, from
the date on which the tax would have been due without
the extension until the date of payment.
Where a taxpayer's sales and use tax liability for six
(6) consecutive months has averaged less
than two hundred dollars ($200) per month, a quarterly
return and remittances in lieu of a
monthly return may be made on or before the last day
of July, October, January, and April of
each year for the preceding three (3) months' period
when specially authorized, in writing, by the
tax administrator under those rules and regulations as
may be prescribed by the administrator. In
the event that a taxpayer filing his or her return on
a quarterly basis, as provided in this section,
becomes delinquent in either the filing of his or her
return or the payment of the taxes due, or in
the event that the liability of a taxpayer, who has
been authorized to file his or her return and to
make payments on a quarterly basis, exceeds six
hundred dollars ($600) in sales and use taxes for
any subsequent quarter, or in the event that the tax
administrator determines that any quarterly
filing of return and payment of tax due thereon would
unduly jeopardize the proper
administration of the provisions of this chapter or of
chapter 18 of this title, the tax administrator
may, at any time, revoke the authorization, in which
case the taxpayer will then be required to file
his or her return and to pay the tax due in the manner
provided for in this section.
(b) Every promoter
shall file a report monthly, within twenty (20) days after the end of
the prior month, for each show which the promoter
operates, listing the date and place of each
show and the name, address, and permit number, by
show, of every person whom the promoter
permitted to display or sell tangible personal
property, services, or food and drink. Every person
shall furnish the promoter of any show at which the
person displays or sells tangible personal
property, services, or food and drink, information for
the promoter's use in filing the report
required by this subsection.
SECTION
42. Section 44-20-51.3 of the General Laws in Chapter 44-20 entitled
"Cigarette Tax"
is hereby amended to read as follows:
44-20-51.3. Counterfeit
cigarettes. – (a) Notwithstanding any other provision of law,
the sale or possession for sale of counterfeit
cigarettes by a manufacturer, importer, distributor, or
dealer shall result in the seizure of the product and
related machinery by the administrator or any
law enforcement agency and shall be punishable as
follows:
(a) (1) A
knowing violation involving a total quantity of less than two (2) cartons of
cigarettes shall be punishable by a fine of one
thousand dollars ($1,000) or five (5) times the retail
value of the cigarettes involved, whichever is
greater, or imprisonment not to exceed five (5)
years, or both.
(b) (2) A
subsequent knowing violation involving a total quantity of less than two (2)
cartons of cigarettes shall be punishable by a fine of
five thousand dollars ($5,000) or five (5)
times the retail value of the cigarettes involved,
whichever is greater, or imprisonment not to
exceed five (5) years, or both, and shall also result
in the revocation by the administrator of the
manufacturer, importer, distributor, or dealer
license.
(c) (3) A
first knowing violation involving a total quantity of two (2) cartons of
cigarettes or more shall be punishable by a fine of
two thousand dollars ($2,000) or five (5) times
the retail value of the cigarettes involved, whichever
is greater, or imprisonment not to exceed
five (5) years, or both.
(d) (4) A
subsequent knowing violation involving a quantity of two (2) cartons of
cigarettes or more shall be punishable by a fine of
fifty thousand dollars ($50,000) or five (5)
times the retail value of the cigarettes involved,
whichever is greater, or imprisonment not to
exceed five (5) years, or both, and shall also result
in the revocation by the administrator of the
manufacturer, importer, distributor, or dealer
license.
(b) For purposes
of this section, counterfeit cigarettes includes cigarettes that have false
manufacturing labels or packages of cigarettes bearing
counterfeit tax stamps. Any counterfeit
cigarettes seized by the administrator shall be
destroyed.
SECTION
43. Section 44-20.1-1 of the General Laws in Chapter 44-20.1 entitled
"Delivery Sales of
Cigarettes" is hereby amended to read as follows:
44-20.1-1.
Definitions. -- For purposes of this chapter:
(1)
"Administrator" means the tax administrator.
(1) (2)
"Adult" means a person who is at least the legal minimum purchase
age.
(2) (3)
"Consumer" means an individual who is not licensed as a wholesaler or
retailer
pursuant to the provisions of section 44-20-2.
(3) (4)
"Delivery sale" means any sale of cigarettes to a consumer in the
state where
either:
(i)
The purchaser submits the order for such sale by means of a telephonic or other
method of voice transmission, the mail or any other
delivery service, or the Internet or other
online service; or
(ii) The cigarettes are
delivered by use of the mails or other delivery service. A sale of
cigarettes shall be a delivery sale regardless of
whether the seller is located within or without the
state. A sale of cigarettes not for personal
consumption to a person who is a wholesale dealer or a
retail dealer shall not be a delivery sale.
(4) (5)
"Delivery service" means any person who is engaged in the commercial
delivery
of letters, packages, or other containers.
(5)
"Administrator" means the tax administrator.
(6) "Legal minimum
purchase age" means the minimum age at which an individual may
legally purchase cigarettes in the state.
(7) "Mail" or
"mailing" means the shipment of cigarettes through the
Postal Service.
(8) "Person"
means the same as that term is defined in section 44-20-1.
(9) "Shipping
container" means bills of lading, airbills, or any
other documents used to
evidence the undertaking by a delivery service to
deliver letters, packages, or other containers.
SECTION
44. Section 44-20.2-1 of the General Laws in Chapter 44-20.2 entitled
"Little
Cigar Tax" is hereby
amended to read as follows:
44-20.2-1.
Definitions. -- Whenever used in this chapter, unless the context
requires
otherwise:
(1)
"Administrator" means the tax administrator;
(2) "Little
cigars" means and includes any roll, made wholly or in part of tobacco,
irrespective of size or shape and irrespective of
whether the tobacco is flavored, adulterated or
mixed with any other ingredient, where such roll has a
wrapper or cover made of tobacco
wrapped in leaf tobacco or any substance containing
tobacco paper or any other material, except
where such wrapper is wholly or in greater part made
of tobacco and such roll weighs over three
(3) pounds per thousand (1,000);
(3) (2)
"Dealer" means any person whether located within or outside of this
state, who
sells or distributes little cigars to a consumer in
this state;
(4) (3)
"Distributor" means any person:
(A) (i) Whether located within or outside of this state,
other than a dealer, who sells or
distributes little cigars within or into this state.
Such term shall not include any little cigar
manufacturer, export warehouse proprietor, or importer
with a valid permit under 26 U.S.C.
section 5712, if such person sells or distributes
little cigars in this state only to licensed
distributors, or to an export warehouse proprietor or
another manufacturer with a valid permit
under 26 U.S.C. section 5712;
(B) (ii)
Selling little cigars directly to consumers in this state by means of at least
twenty-five (25) little cigar vending machines.
(5) (4)
"Importer" means any person who imports into the United States,
either directly
or indirectly, a finished little cigar for sale or
distribution;
(6) (5)
"Licensed" when used with reference to a manufacturer, importer,
distributor or
dealer, means only those persons who hold a valid and
current license issued under section 44-20-
2 for the type of business being engaged in. When the
term "licensed" is used before a list of
entities, such as "licensed manufacturer,
importer, wholesale dealer, or retailer dealer," such term
shall be deemed to apply to each entity in such list;
(6) "Little
cigars" means and includes any roll, made wholly or in part of tobacco,
irrespective of size or shape and irrespective of
whether the tobacco is flavored, adulterated or
mixed with any other ingredient, where such roll has a
wrapper or cover made of tobacco
wrapped in leaf tobacco or any substance containing
tobacco paper or any other material, except
where such wrapper is wholly or in greater part made
of tobacco and such roll weighs over three
(3) pounds per thousand (1,000);
(7)
"Manufacturer" means any person who manufactures, fabricates,
assembles,
processes, or labels a finished little cigar;
(8) "Person"
means any individual, firm, fiduciary, partnership, corporation, trust, or
association, however formed;
(9) "Place of
business" means and includes any place where little cigars are sold or
where little cigars are stored or kept for the purpose
of sale or consumption, including any vessel,
vehicle, airplane, train, or vending machine;
(10) "
(11) "Snuff"
means any finely cut, ground, or powdered tobacco that is not intended to
be smoked;
(12) "Stamp"
means the impression, device, stamp, label, or print manufactured, printed,
or made as prescribed by the administrator to be
affixed to packages of little cigars, as evidence
of the payment of the tax provided by this chapter or
to indicate that the little cigars are intended
for a sale or distribution in this state that is
exempt from state tax under the provisions of state
law and also includes impressions made by metering
machines authorized to be used under the
provisions of this chapter.
SECTION
45. Section 44-33.3-3 of the General Laws in Chapter 44-33.3 entitled
"Newport Senior
Resident Property Tax Services Credit Program" is hereby amended to read
as
follows:
44-33.3-3.
Ownership. – (a) The taxpayer or taxpayers applying for the
senior resident
property tax service credit program must be the owner
of the respective real estate to which the
credit will apply.
(b) If the
property is held in trust, the beneficiary or beneficiaries of the trust must
be the
taxpayer or taxpayers applying for the senior resident
property tax service credit program.
SECTION
46. Section 44-62-2 of the General Laws in Chapter 44-62 entitled "Tax
Credits for Contributions
to Scholarship Organizations" is hereby amended to read as follows:
44-62-2.
Qualification of scholarship organization. -- A scholarship
organization must
certify annually by December 31st to the division of
taxation that the organization is eligible to
participate in the program in accordance with criteria
as defined below:
(a)
"Scholarship organization" means a charitable organization in this
state that is exempt
from federal taxation under section 501(c)(3) of the
internal revenue code, and that allocates at
least ninety percent (90%) of its annual revenue
through a scholarship program for tuition
assistance grants to eligible students to allow them
to attend any qualified school of their parents'
choice represented by the scholarship organization.
(b)
"Scholarship program" means a program to provide tuition assistance
grants to
eligible students to attend a nonpublic school located
in this state. A scholarship program must
include an application and review process for the
purpose of making these grants only to eligible
students. The award of scholarships to eligible
students shall be made without limiting
availability to only students of one school.
(c) (1)
"Eligible student" means a school-age student who is registered in a
qualified
school and is a member of a household with an annual
household income of not more than two
hundred fifty percent (250%) of the federal poverty
guidelines as published in the federal register
by the United States department of health and human services.
(d) (2)
"Household" means one or more persons occupying a dwelling unit and
living as
a single nonprofit housekeeping unit. Household does
not mean bona fide lessees, tenants, or
roomers and borders on contract.
(e) (3)
"Household income" means all income received by all persons of a
household in a
calendar year while members of the household.
(f) (4)
"Income" means the sum of federal adjusted gross income as defined in
the
internal revenue code of the United States, 26 U.S.C.
section 1 et seq., and all nontaxable income
including, but not limited to, the amount of capital
gains excluded from adjusted gross income,
alimony, support money, nontaxable strike benefits,
cash public assistance and relief (not
including relief granted under this chapter), the
gross amount of any pension or annuity
(including Railroad Retirement Act (see 45 U.S.C.
section 231 et seq.) benefits, all payments
received under the federal Social Security Act, 42
U.S.C. section 301 et seq., state unemployment
insurance laws, and veterans' disability pensions (see
38 U.S.C. section 301 et seq.), nontaxable
interest received from the federal government or any
of its instrumentalities, workers'
compensation, and the gross amount of "loss of
time" insurance. It does not include gifts from
nongovernmental sources, or surplus foods or other
relief in kind supplied by a public or private
agency.
(g) (5)
"Qualified school" means a nonpublic elementary or secondary school
that is
located in this state and that satisfies the
requirements prescribed by law for nonpublic schools in
this state.
(6) "Scholarship
organization" means a charitable organization in this state that is exempt
from federal taxation under section 501(c)(3) of the
internal revenue code, and that allocates at
least ninety percent (90%) of its annual revenue
through a scholarship program for tuition
assistance grants to eligible students to allow them
to attend any qualified school of their parents'
choice represented by the scholarship organization.
(7) "Scholarship
program" means a program to provide tuition assistance grants to
eligible students to attend a nonpublic school located
in this state. A scholarship program must
include an application and review process for the
purpose of making these grants only to eligible
students. The award of scholarships to eligible
students shall be made without limiting
availability to only students of one school.
(h) (8)
"School-age student" means a child at the earliest admission age to a
qualified
school's kindergarten program or, when no kindergarten
program is provided, the school's earliest
admission age for beginners, until the end of the
school year, the student attains twenty-one (21)
years of age or graduation from high school whichever
occurs first.
(i)
(9) Designation. - A donation to a scholarship organization, for which
the donor
receives a tax credit under this provision, may not be
designated to any specific school or student
by the donor.
(j) (10)
Nontaxable income. - A scholarship received by an eligible student shall not be
considered to be taxable income.
SECTION
47. Section 44-65-2 of the General Laws in Chapter 44-65 entitled "Imaging
Services Surcharge" is
hereby amended to read as follows:
44-65-2.
Definitions. -- The following words and phrases as used in this chapter
have the
following meaning:
(1)
"Administrator" means the tax administrator within the department of
administration.
(2) "Gross patient
revenue" means the gross amount received on a cash basis by a
provider from all income derived from the provision of
imaging services to patients. Charitable
contributions, fundraising proceeds, and endowment
support shall not be considered as "gross
patient revenue."
(3) "Imaging
services" means and includes all the professional and technical components
of x-ray, ultrasound (including echocardiography),
computed tomography (CT), magnetic
resonance imaging (MRI), positron emission tomography
(PET), positron emission
tomography/computed tomography (PET/CT), general
nuclear medicine, and bone densitometry
procedures.
(3) (4)
"Net patient services revenue" means the charges related to patient
care services
less (i) charges
attributable to charity care, (ii) bad debt expenses, and (iii) contractual
allowances.
(4) "Imaging
services" means and includes all the professional and technical components
of x-ray, ultrasound (including echocardiography),
computed tomography (CT), magnetic
resonance imaging (MRI), positron emission tomography
(PET), positron emission
tomography/computed tomography (PET/CT), general
nuclear medicine, and bone densitometry
procedures.
(5) "Person"
means any individual, corporation, company, association, partnership, joint
stock association, and the legal successor thereof.
(6)
"Provider" means any person who furnishes imaging services for the
purposes of
patient diagnosis, assessment or treatment, excluding
any person licensed as a hospital or a
rehabilitation hospital center or a not-for-profit
organization ambulatory care facility, pursuant to
the provisions of chapter 17 of title 23 of the
performing more than two hundred (200) radiological
procedures per month. Further, the term
"provider" shall not apply to any person
subject to the provisions of chapter 64 of title 44 or to
any person licensed in the state of
(7)
"Surcharge" means the assessment imposed upon net patient revenue
pursuant to this
chapter.
SECTION
48. This act shall take effect upon passage.
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LC01752/SUB A/2
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