Chapter 415
2012 -- H 7496 SUBSTITUTE A
Enacted 06/22/12
A N A C T
RELATING TO
STATUTES AND STATUTORY CONSTRUCTION
Introduced By: Representatives Mattiello, and Newberry
Date Introduced: February 09, 2012
It is enacted by the
General Assembly as follows:
SECTION
1. Section 11-9-1.4 of the General Laws in Chapter 11-9 entitled
"Children" is
hereby amended to read as
follows:
11-9-1.4. Minor
electronically disseminating indecent material to another person --
"Sexting"
prohibited. -- (a) Definitions as
used in this section:
(1) "Minor"
means any person not having reached eighteen (18) years of age;
(2)
"Computer" has the meaning given to that term in section 11-52-1;
(3) "Telecommunication
device" means an analog or digital electronic device which
processes data, telephony, video, or sound
transmission as part of any system involved in the
sending and/or receiving at a distance of voice,
sound, data, and/or video transmissions;
(4) "Indecent
visual depiction" means any digital image or digital video of the minor
engaging in sexually explicit conduct, and includes
data stored or on any computer,
telecommunication device, or other electronic storage
media which is capable of conversion into
a visual image;
(5) "Sexually
explicit conduct" means actual masturbation or graphic focus on or
lascivious exhibition of the nude genitals or pubic
area of the minor.
(b) No minor shall
knowingly and voluntarily and without threat or coercion use a
computer or telecommunication device to transmit an
indecent visual depiction of himself or
herself to another person.
(c) A violation of this
section shall be a status offense and referred to the family court.
(d) Any minor
adjudicated under subsection (b) shall not be charged under section 11-9-
1.3 and, further, shall not be subject to sex offender
registration requirements set forth in section
11-37.1-1 et seq., entitled "Sexual Offender
Registration and Community Notification Act."
SECTION
2. Section 15-23.1-210 of the General Laws in Chapter 15-23.1 entitled
"Uniform Interstate
Family Support Act" is hereby amended to read as follows:
15-23.1-210.
Application of chapter to nonresident subject to personal jurisdiction.
[Contingent effective date; see note.] -- A tribunal of this state exercising personal
jurisdiction
over a nonresident in a proceeding under this chapter,
under other law of this state relating to a
support order, or recognizing a foreign support order
may receive evidence from outside this state
pursuant to section 15-23.1-316, communicate with a
tribunal outside this state pursuant to
section 15-23.1-317, and obtain discovery through a
tribunal outside this state pursuant to section
15-23.1-318. In all other respects, sections 301 --
616 of this chapter do not apply and the tribunal
shall apply the procedural and substantive law of this
state.
SECTION
3. Section 17-20-10 of the General Laws in Chapter 17-20 entitled "Mail
Ballots" is hereby
amended to read as follows:
17-20-10.
Certification of applications -- Issuance of ballots -- Marking of lists --
Mailing address. -- (a) Upon receipt of the application, the local board
shall immediately
examine it and determine whether it complies with each
of the requirements set forth by this
chapter and compare the signature on the ballot
application with the signature contained on the
original registration card, except as may be otherwise
provided by law, to satisfy itself that the
applicant is a qualified voter. Upon determining that
it does meet each requirement of this chapter
and that the signature appears to be the same, the
local board shall mark the application
"accepted" and record in the space provided
on the ballot application the senatorial,
representative, and voting district in which the
applicant should vote.
(b) The local board
shall also record the city or town code and district information in the
mailing label section of the mail ballot application.
The local board shall also print or type the
name of the elector and the complete mailing address
in that section. If the local board does not
accept the application, the local board shall return
the application to the elector, together with a
form prescribed by the secretary of state, specifying
the reason or reasons for the return of the
application.
(c) Not later than 4:00
p.m. on the eighteenth (18th) day before the day of any election
referred to in this chapter or within seven (7) days
of receipt by the local board, whichever occurs
first, the local board shall certify the applications
to the secretary of state through the CVRS
system as this procedure is prescribed by the
secretary of state. Upon the certification of a mail
ballot application to the secretary of state, the
local board shall enter on the voting list the fact
that a mail ballot application for the voter has been
certified and shall cause the delivery of the
certified mail ballot applications together with the
signed certified listing thereof in sealed
packages to the state board of elections.
(d) (1) Upon the
ballots becoming available, the secretary of state shall immediately,
issue and mail, by first class mail, postage prepaid,
a mail ballot to each eligible voter who has
been certified. With respect to voters who have
applied for these mail ballots under the provisions
of subdivision 17-20-2(3)(1), the
secretary of state shall include with the mail ballots a stamped
return envelope addressed: "Board of Elections,
02904-2790".
(2) The secretary of
state shall include on the mail ballot envelope a numerical or
alphabetical code designating the city or town where
the voter resides. The secretary of state shall
immediately thereafter indicate on the voter's record
that the secretary of state has sent mail
ballots provided, that this mark shall serve solely to
indicate that a mail ballot has been issued and
shall not be construed as voting in the election.
(e) Prior to each
election, the secretary of state shall also furnish to the chairperson of the
state committee of each political party a list of the
names and residence addresses of all persons
to whom mail ballots have been issued. The secretary
of state shall also furnish to a candidate for
political office upon request a list of the names and
residence addresses of all persons to whom
mail ballots have been issued within his or her
district.
(f) [Deleted by P.L.
2005, ch. 167, section 2.]
(g)(f) If
a ballot is returned to the secretary of state by the postal service as
undeliverable, the secretary of state shall consult
with the appropriate local board to determine the
accuracy of the mailing address, and the secretary of
state shall be required to remail the ballot to
the voter using the corrected address provided by the
local board. If the local board is unable to
provide a different address than that to which the
ballot was originally mailed, the ballot shall be
reissued by the secretary of state to the board of
canvassers in the city or town where the voter
resides utilizing the numerical or alphabetical code
established in subsection (d) of this section.
The board shall then attempt to notify the voter at
his or her place of residence that the ballot has
been returned as undeliverable. The ballot must be
voted and witnessed in accordance with the
provisions of this chapter.
(h)(g)
The acceptance of a mail ballot application by the board of canvassers and the
issuance of a mail ballot by the secretary of state
shall not create any presumption as to the
accuracy of the information provided by the applicant
or as to the applicant's compliance with the
provisions of this chapter. Any inaccuracy in the
provided information or irregularity in the
application may be raised as a challenge to the ballot
before the board of elections at the time of
certification. If the challenge raised at that time is
meritorious, the ballot shall be voided.
(i)(h)
Within two (2) business days of receipt by the local board, the board shall
certify
emergency mail ballot applications and shall cause the
delivery of the emergency mail ballot
applications, and certification sheet in sealed
packages to the state board of elections.
SECTION
4. Section 27-3-38 of the General Laws in Chapter 27-3 entitled "Surplus
Lines Insurance" is
hereby amended to read as follows:
27-3-38. Surplus line
brokers -- License -- Affidavit of inability to obtain insurance -
Reports and records - Premium tax - Notice to
purchasers. -- (a) The insurance
commissioner
may issue a surplus line broker's license to any
person authorizing the licensee to procure, subject
to the restrictions provided in this section, policies
of insurance, except life and health and
accident, from eligible surplus lines insurers.
Residents residents of this state must
hold a
property and casualty insurance producer license to qualify
for a surplus lines broker license. This
license may be denied, suspended or revoked by the
insurance commissioner whenever, in the
commissioner's judgment, any of the bases under
section 27-2.4-14 exist. Before any license is
issued by the insurance commissioner and before each
renewal of a license, there shall be filed in
his or her office a written application by the person
desiring the license in the form and
containing any information, that the insurance
commissioner may prescribe. For the purposes of
carrying out the provisions of the Nonadmitted
and Reinsurance Reform Act of 2010, the
commissioner is authorized to utilize the national
insurance producer database of the NAIC, or
any other equivalent uniform national database, for
the licensure of a person as a surplus lines
producer and for renewal of such license. For insureds whose home state is this state, a person
shall not procure a contract of surplus lines
insurance with a nonadmitted insurer unless the
person possesses a current surplus lines insurance
license issued by the commissioner.
(b) A
obtain a surplus line broker license. Application
shall be made using the uniform business entity
application. Prior to approving the application, the
commissioner shall find both of the following:
(1) The business entity
has paid the appropriate fees.
(2) The business entity
has designated a licensed surplus line broker responsible for the
business entity's compliance with the insurance laws
and rules of this state.
(c) When any policy of
insurance is procured under the authority of that license, there
shall be executed, both by the licensee and by the
insured, affidavits setting forth facts showing
that the insured or a licensed
from no less than three (3) admitted insurers the full
amount of insurance required to protect the
property owned or controlled by the insured or the
risks insured. Provided, however the
aforementioned affidavit shall not be required when
insuring the following interest: amusement
parks and devices, environmental improvement and/or
remediation sites, vacant property or
property under renovation, demolition operations,
event cancellation due to weather, railroad
liability, discontinued products, fireworks and
pyrotechnics, warehouseman's legal liability,
excess property coverage, and contingent liability. In
addition, no such affidavit is required for
exempt commercial purchasers as defined by the Nonadmitted and Reinsurance Reform Act of
2010. For purposes of this section, residual market
mechanisms shall not be considered
authorized insurers. Prior to renewing, continuing, or
extending any policy, the licensed surplus
line broker must confirm that the insurer is on the
insurance commissioner's list of approval
surplus line insurers in this state.
(d) The licensee shall
keep a complete and separate record of all policies procured from
approved surplus lines insurers under the license and
these records shall be open to the
examination of both the insurance commissioner and tax
administrator at all reasonable times,
and shall show the exact amount of each kind of
insurance permitted under this section which has
been procured for each insured, the gross premiums
charged by the insurers for each kind of
insurance permitted under this section which were
returned to each insured, the name of the
insurer or insurers which issued each of these
policies, the effective dates of these policies, and
the terms for which these policies were issued. The
licensee shall file a yearly report with the
insurance commissioner on a form prescribed by the insurance
commissioner showing the
business procured under the surplus line license for
the preceding calendar year, and the report
shall be due annually on or before April 1.
(e) Every person, firm,
or corporation licensed pursuant to the provisions of this section
shall file with the insurance commissioner, at the
time of the insurance producer license renewal,
sufficient information as determined by the insurance
commissioner whether a licensee or a
person acting on the licensee's behalf, has paid to
the tax administrator, for all policies procured
by the licensee pursuant to the license during the
next preceding calendar year, a tax, computed at
the rate of four percent (4%) on the gross premiums
charged the insured by the insurers, less the
amount of premiums returned to the insured.
(f) Every application
form for insurance from a surplus lines insurer, every affidavit
form executed by the insured, and every policy (on its
front and declaration pages) issued by the
surplus lines insurer, shall contain in ten (10) point
type the following notice:
NOTICE
THIS INSURANCE CONTRACT
HAS BEEN PLACED WITH AN INSURER NOT
LICENSED TO DO BUSINESS IN THE STATE OF
A SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER
OF THE RHODE
ISLAND INSURERS INSOLVENCY FUND. SHOULD THE INSURER
BECOME
INSOLVENT, THE PROTECTION AND BENEFITS OF THE RHODE
INSOLVENCY FUND ARE NOT AVAILABLE.
SECTION
5. Section 28-44-59 of the General Laws in Chapter 28-44 entitled
"Employment Security -
Benefits" is hereby amended to read as follows:
28-44-59.
Severance or dismissal pay allocation. -- For benefit years beginning
prior to
July 1, 2012, for the purpose of determining an
individual's benefit eligibility for any week of
unemployment, any remuneration received by an employee
from his or her employer in the nature
of severance or dismissal pay, whether or not the
employer is legally required to pay that
remuneration, shall be deemed to be wages paid on the
last day of employment for services
performed prior to that date. For benefit years
beginning on or after July 1, 2012, for the purpose
of determining an individual's benefit eligibility for
any week of unemployment, any
remuneration received by an employee from his or her
employer in the nature of severance or
dismissal pay, whether or not the employer is legally
required to pay that remuneration, shall be
allocated on a weekly basis from the individual's last
day of work for a period not to exceed
twenty- six (26) weeks, and the individual will not be
entitled to receive benefits for any such
week for which it has been determined that the
individual received severance or dismissal pay.
Such severance or dismissal pay, if the employer does
not specify a set number of weeks, such
shall be
allocated using the individual's weekly benefit rate.
SECTION
6. Section 36-9-48 of the General Laws in Chapter 36-9 entitled
"Retirement
System-Membership and
Service Credits" is hereby amended to read as follows:
36-9-48.
Underground storage tank financial review board - Transferred employees.
-- (a)
Definitions. - For the purposes of this section:
(i)(1)
"UST Board" means the Rhode Island Underground Storage Tank Financial
Review Board, a governmental agency and a public
instrumentality of the state of
(ii)(2)
"Transfer date" means July 1, 2006.
(iii)(3)
"Transferred employee" means any individual who was an employee of
the UST
Board of the state of
became an employee of the state of
the transfer date.
(b) Transferred
employees who return to employment with the state of
directly from uninterrupted employment with the Rhode
Island Underground Storage Tank
Financial Responsibility Review Board shall have their
length of service at the UST Board
deemed to be uninterrupted active state service for
the purposes of service credits in the state
retirement system.
(c) The period of
service of any transferred employee from December 29, 2002, to the
date of transfer shall be treated as service as an
employee of the state of
purposes of chapters 8, 9 and 10 of this title.
(d) The provisions of
subsection (b) of this section shall not apply unless within ninety
(90) days following the date of enactment of this
section [July 1, 2006] the UST Board transfers,
or causes to have transferred from a trustee or other
custodian, to the retirement system, an
amount equal to the sum of the employees contribution
accumulation and the employer
contribution accumulation. The amount of transfer
shall be determined by the retirement board at
full actuarial cost as defined by section 36-8.1-9
subdivision 36-8-1(10)
for the period of service December 29, 2002, to the
transfer date. This will be reduced by the
transfer to the retirement board of any and all
contributions made to the UST Board's Simple IRA
by and on behalf of the transferred employees.
(e) Transferred
employees who return to service with the state of
from uninterrupted employment with the Rhode Island Underground
Storage Tank Financial
Review Board, henceforth referred to as "UST
Board" shall have their length of service at the
UST Board deemed to be uninterrupted active state
service for purposes of service credits in the
state retirement system.
SECTION
7. Section 37-2.4-3 of the General Laws in Chapter 37-2.4 entitled
"Habilitation
Procurement Program" is hereby amended to read as follows:
37-2.4-3.
Purchasing. -- (a) This section shall not apply with respect to the
procurement
of any commodity which is available for procurement
from an entity established pursuant to
chapter 13-7 ("Prisoner Made Goods") or
chapter 40-9 ("Services for People who are Blind or
Visually Impaired") of the general laws and as
provided under subsection (e) of this section and
notwithstanding any provision in this chapter or the
general or public laws to the contrary, any
state agency shall purchase goods and services
produced by a habilitation facility using the
preferred procurement contract list approved pursuant
to subdivision 37-2.4-2(b)(3) providing
that:
(1) The goods or
services offered for sale by a habilitation facility reasonably conform to
the needs and specifications of the public procurement
unit;
(2) The habilitation
facility can supply the goods or services within a reasonable time;
and
(3) The price of the
goods or services is reasonably competitive with the cost of
procuring the goods or services from another source.
(b) If there is no
price agreement in place that a state agency plans to use, a price can be
negotiated between the habilitation facility that can
meet the specifications of the board. The
board will make a recommendation to the director of
administration.
(c) Existing multi-year
contracts can continue through their term. New multi-year
requirements for services must follow the process for
purchasing from the habilitation facility.
(d) Each habilitation
facility:
(1) May submit a price
for a product or service to the board at any time and not
necessarily in response to a request for bids; and
(2) Shall certify on
any bid it submits to the board or to a public procurement unit under
this section that is claiming a preference under this
section.
(e) During a fiscal
year, the requirement for a public procurement unit to purchase goods
and services produced by a habilitation facility under
the preferred procurement list under
subsections 37-2.4-4 37-2.4-3(a), (b)
and (c) does not apply if the division of purchasing and
general services determines that the total amount of
procurement contracts with habilitation
facilities has reached three million dollars
($3,000,000) for that fiscal year. The total amount of
procurement contracts can be changed with a
recommendation by the board and approval from
the director of administration.
(f) Any state agency
that has awarded a solicitation for goods and services to a certified
habilitation facility shall, before the expiration of
the term of the contract, renegotiate a fair and
reasonable price for the services with the certified
habilitation facility that has performed the
services for the state agency. The state agency is not
permitted to solicit new bids for the product
or service unless one of the following occurs:
(1) The certified
habilitation facility no longer wishes to perform the services for the
state agency;
(2) The state agency
decides to perform the services internally and hires employees who
will be employees of the state to perform the
services;
(3) The state agency no
longer needs the service that was provided by the habilitation
facility;
(4) The habilitation
facility has not met the requirements for the services offered; or
(5) The habilitation
facility and the state agency are unable to agree to fair and
reasonable terms of a new contract for the
habilitation facility's services during the negotiation
process.
(g) Any state agency
that has awarded a solicitation for services to a certified habilitation
facility shall report to the board regarding the
progress of the solicitation once a year.
SECTION
8. Section 44-7-11 of the General Laws in Chapter 44-7 entitled
"Collection of
Taxes Generally" is
hereby amended to read as follows:
44-7-11.
Collectors to furnish statements of liens. -- (a) Cities, towns or fire
districts. -
The collector of taxes for any city, town, or fire
district shall, on written application by any
person, and within five (5) days thereafter, excluding
Saturdays, Sundays, and holidays, furnish to
the applicant a single certificate of all taxes and
other assessments, including water rates and
charges, which at the time constitute liens on the
parcel of real estate specified in the application
and are payable on account of the real estate. The
certificate shall be itemized and shall show the
amounts payable on account of all taxes and
assessments, rates, fees and charges, so far as the
amounts are fixed and ascertained, and if the amounts
are not then ascertainable, it shall be
expressed in the certificate. In addition, the tax
certificate shall include: (1) a statement as to
whether there are any tax sales scheduled which would
affect the parcel of real estate noted in the
certificate; and (2) a statement as to whether any of
taxes or other assessments noted on the tax
certificate as being paid in full were paid as the
result of a sale held pursuant to the provisions of
chapter 9 of this title within the twelve (12) month
period immediately preceding issuance of the
certificate. Any city or town officer or board doing
any act toward establishing any tax
assessment, lien, fees or charge upon any real estate
in the city or town shall transmit a notice of
that act to the collector of taxes. The collector of
taxes shall charge not more than twenty-five
dollars ($25.00) for each certificate so issued, and
the money so received shall be paid into the
city or town treasury. A certificate issued on or
after October 1, 1966, under this section may be
filed or recorded with the land evidence records of
the city or town in which the real estate shall
be situated within sixty (60) days after its date, and
if filed or recorded shall operate to discharge
the parcel of real estate specified from the liens for
all taxes, assessments or portions, rates, fees
and charges which do not appear by the certificate to
constitute liens, except the taxes,
assessments or portions, rates, fees and charges which
have accrued within one year immediately
preceding the date of the certificate; provided, that
they are noted in the certificate, and the taxes,
assessments or portions, rates, and charges concerning
which a statement has been filed or
recorded in the land evidence records. A certificate
issued under this section shall not affect the
obligation of any person liable for the payment of any
tax, assessment, rate, fee, or charge.
(b) The fee to be paid
for filing the certificate with the registry of deeds is eight dollars
($8.00).
(c)
any municipal lien certificate, include and attach to
the certificate at no additional fee, a separate
motor vehicle excise tax certificate setting forth all
motor vehicle excise taxes which at the time
are due and payable to the town on account of any
owner of any real estate referenced in the
application. The closing agent presiding at the
closing on any transfer of the real estate shall
collect all sums due as set forth on the motor vehicle
excise tax certificate and transmit the sums
to the tax collector along with the forwarding address
of the owner transferring the real estate.
(d)
municipal lien certificate, include and attach to the
certificate at no additional fee, a separate
motor vehicle excise tax certificate setting forth all
motor vehicle excise taxes which at the time
are due and payable to the town on account of any
owner of any real estate referenced in the
application. The closing agent presiding at the
closing on any transfer of the real estate shall
collect all sums due as set forth on the motor vehicle
excise tax certificate and transmit the sums
to the tax collector along with the forwarding address
of the owner transferring the real estate.
(e)
any municipal lien certificate, include and attach to
the certificate at no additional fee, a separate
motor vehicle excise tax certificate setting forth all
motor vehicle excise taxes which at the time
are due and payable to the town on account of any
owner of any real estate referenced in the
application. The closing agent presiding at the
closing on any transfer of the real estate shall
collect the sums due as set forth on the motor vehicle
excise tax certificate and transmit the sums
to the tax collector along with the forwarding address
of the owner transferring any real estate.
This section does not apply to refinancing
transactions or to transfers of real estate within a
family without consideration.
(f) City, town or fire
district. - The collector of taxes for any city, town, or fire district
may, upon application for any municipal lien
certificate, include and attach to the certificate at no
additional fee, a separate motor vehicle excise tax
certificate setting forth all motor vehicle excise
taxes which at the time are due and payable to the
town on account of any owner of any real
estate referenced in the application. The closing
agent presiding at the closing on any transfer of
the real estate shall collect all sums due as set
forth on the motor vehicle excise tax certificate and
transmit the sums to the tax collector along with the
forwarding address of the owner transferring
any real estate. This section does not apply to
refinancing transactions or to transfers of real estate
within a family without consideration.
(g)
municipal lien certificate, include and attach to the
certificate at no additional fee, a separate
motor vehicle excise tax certificate setting forth all
motor vehicle excise taxes which at the time
are due and payable to the town on account of any
owner of any real estate referenced in the
application. The closing agent presiding at the
closing on any transfer of the real estate shall
collect all sums due as set forth on the motor vehicle
excise tax certificate and transmit the sums
to the tax collector along with the forwarding address
of the owner transferring the real estate.
(h)
municipal lien certificate, include and attach to the
certificate at no additional fee, a separate
motor vehicle excise tax certificate setting forth all
motor vehicle excise taxes which at the time
are due and payable to the town on account of any
owner of any real estate referenced in the
application. The closing agent presiding at the
closing on any transfer of the real estate shall
collect all sums due as set forth on the motor vehicle
excise tax certificate and transmit the sums
to the tax collector along with the forwarding address
of the owner transferring the real estate.
(i)
East
application for any municipal lien certificate,
include and attach to the certificate at no additional
fee, a separate motor vehicle excise tax certificate
setting forth all motor vehicle excise taxes
which at the time are due and payable to the town on
account of any owner of any real estate
referenced in the application. The closing agent
presiding at the closing on any transfer of the real
estate shall collect the sums due as set forth on the
motor vehicle excise tax certificate and
transmit the sums to the tax collector along with the
forwarding address of the owner transferring
any real estate. This section does apply to
refinancing transactions or to transfers of real estate
within a family without consideration.
SECTION
9. Section 8-2-39 of the General Laws in Chapter 8-2 entitled "
Court" is hereby
amended to read as follows:
8-2-39. General
magistrate -- Appointment, duties and powers. -- (a) There is hereby
created within the superior court the position of
general magistrate who shall be appointed by the
presiding justice of the superior court, with the
advice and consent of the senate, for a term of ten
(10) years and until a successor is appointed and
qualified. Nothing herein shall be construed to
prohibit the assignment of the general magistrate to
more than one such term, subject to the
advice and consent of the senate. The person appointed
to serve as general magistrate shall be a
member of the bar of Rhode Island. The powers and duties
of the general magistrate shall be
prescribed in the order appointing him or her.
(b) (1) The general
magistrate shall assist the court in:
(i)
The determination of, monitoring, collection, and payment of restitution and
court
ordered fines, fees, and costs or the ordering of
community service in lieu of or in addition to the
payment of restitution, fines, fees, and costs,
consistent with other provisions of the general laws;
(ii) The determination
and payment of claims under the violent crimes indemnity fund
for the Criminal Injuries Compensation Act of 1972,
chapter 25 of title 12;
(iii) The determination
and payment of claims from the Criminal Royalties Distribution
Act of 1983, chapter 25.1 of title 12; and
(iv) Such other matters
as the presiding justice of the superior court determines are
necessary.
(2) The chief justice
of the supreme court, with the consent of the presiding justice and,
if applicable, the chief judge of a particular court,
may assign the general magistrate to serve as a
magistrate in any court of the unified system. When
the general magistrate is so assigned he or
she shall be vested, authorized, and empowered with
all the powers belonging to the magistrate
position to which he or she is specially assigned.
(c) The general
magistrate will be empowered to hear all motions, pretrial conferences,
arraignments, probable cause hearings, bail hearings,
bail and probation revocation hearings, and
to review all such matters including, but not limited
to the above, and to modify the terms and
conditions of probation and other court-ordered
monetary payments including, but not limited to,
the extension of time for probation and court-ordered
monetary payments as provided by law.
The general magistrate shall have the power to take
testimony in connection with all matters set
forth herein.
(d) The general
magistrate may be authorized:
(1) To regulate all
proceedings before him or her;
(2) To do all acts and
take all measures necessary or proper for the efficient performance
of his or her duties;
(3) To require the
production before him or her of books, papers, vouchers, documents,
and writings;
(4) To rule upon the
admissibility of evidence;
(5) To issue subpoenas
for the appearance of witnesses, to put witnesses on oath, to
examine them, and to call parties to the proceeding
and examine them upon oath;
(6) To adjudicate a
person in contempt and to order him or her imprisoned for not more
than seventy-two (72) hours, pending review by a
justice of the relevant court, for failure to
appear in response to a summons or for refusal to
answer questions or produce evidence or for
behavior disrupting a proceeding;
(7) To adjudicate a party
in contempt and to order him or her imprisoned for not more
than seventy-two (72) hours, pending review by a
justice of the relevant court, for failure to
comply with a pending order to provide payment or to
perform any other act; and
(8) To issue a capias and/or body attachment upon the failure of a party
or witness to
appear after having been properly served and, should
the court not be in session, the person
apprehended may be detained at the adult correctional
institutions, if an adult, or at the Rhode
Island training school for youth, if a child, until
the next session of the court.
(e) A party aggrieved
by an order entered by the general magistrate shall be entitled to a
review of the order by a justice of the relevant court.
Unless otherwise provided in the rules of
procedure of the court, such review shall be on the
record and appellate in nature. The court shall,
by rules of procedure, establish procedures for review
of orders entered by a general magistrate,
and for enforcement of contempt adjudications of a
general magistrate.
(f) Final orders of the
superior or family court entered in a proceeding to review an order
of a general magistrate may be appealed to the supreme
court. Final orders of the district court
entered in a proceeding to review an order of the
general magistrate may be appealed to the
superior court.
(g) The general
magistrate shall:
(1) Receive all credits
and retirement allowances as afforded justices under chapter 3 of
this title and any other applicable law, including
without limitation, section 8-3-16;
(2) Receive a salary
equivalent to that of a district court judge;
(3) (Repealed);
(4)(3) Be
governed by the commission on judicial tenure and discipline, chapter 16, of
this title, in the same manner as justices and judges;
(5)(4) Be
subject to all provisions of the canons of judicial ethics or code of judicial
conduct;
(6)(5) Be
subject to all criminal laws relative to judges by virtue of sections 11-7-1
and
11-7-2.
(h) The provisions of
this section shall be afforded liberal construction.
(i)
The presiding justice of the superior court shall initially appoint such
support staff as
may be necessary, relating to preparation, investigation,
and implementation of the general
magistrate's functions. Effective November 15, 1993,
the support staff shall be placed under the
supervision and management of the superior court, and
new appointments or personnel changes in
the support staff shall be subject to the directions
and approval of the superior court, consistent
with any applicable collective bargaining agreements.
The general magistrate shall have the
power and authority to issue subpoenas and to compel
the attendance of witnesses at any place
within the state, to administer oaths and to require
testimony under oath. The general magistrate,
or his or her designee, may serve his or her process
or notices in a manner provided for the
service of process and notice in civil or criminal
actions in accordance with the rules of court.
SECTION
10. Sections 8-3-7 and 8-3-8 of the General Laws in Chapter 8-3 entitled
"Justices of Supreme,
8-3-7. Retirement
of justices on reduced pay -- Assignment as associate justices. --
(a) Whenever any person engaged as a judge:
(1) On or before [July
2, 1997] has served as a justice of the supreme court, the superior
court, the family court, the district court, or any
combination thereof for twenty (20) years, or has
so served for ten (10) years and has reached the age
of sixty-five (65) years, that justice may
retire from active service and thereafter the justice
shall receive annually during life a sum equal
to three-fourths (3/4) of the annual salary that the
justice was receiving at the time of retirement;
(2) Subsequent to July
2, 1997 and prior to January 1, 2009, has served as a justice of the
supreme court, the superior court, the family court,
the district court or any combination thereof,
for twenty (20) years, or has so served for ten (10)
years and has reached the age of sixty-five
(65) years, said justice may retire from active
service and thereafter said justice shall receive
annually during life a sum equal to three-fourths
(3/4) of his or her average highest three (3)
consecutive years of compensation;
(3) On or after January
1, 2009, has served as a justice of the supreme court, the superior
court, the family court, the district court or any
combination thereof, for twenty (20) years, or has
so served for ten (10) years and has reached the age
of sixty-five (65) years, said justice may
retire from active service and thereafter said justice
shall receive annually during life a sum equal
to seventy percent (70%) of his or her average highest
three (3) consecutive years of
compensation.
(4) On or after July 1,
2009, shall have served as a justice of the supreme court, the
superior court, the family court, the district court,
or any of them for twenty (20) years, or has
served for ten (10) years, and reached the age of
sixty-five (65) years, said justice may retire from
regular active service and thereafter said justice
shall receive annually during his or her life a sum
equal to sixty-five percent (65%) of his or her
average highest five (5) consecutive years of
compensation.
(b) Whenever a justice
or magistrate shall be granted a leave of absence without pay,
such absence shall not be credited towards active
service time for the purposes of retirement.
(c) Any justice in any
of the courts who shall retire in accordance with the provisions of
this section or section 36-9-5 may, at his or her own
request and at the direction of the chief
justice of the supreme court, subject to the retiree's
physical and mental competence, be assigned
to perform such services as an associate justice of
the superior court, or the family court, or the
district court as the presiding justice of the
superior court, or the chief judge of the family court,
or the district shall prescribe. When so assigned and
performing such service, the justice shall
have all the powers and authority of an associate
justice of the superior court, the family court, or
the district court but otherwise shall have no powers
nor be authorized to perform any judicial
duties. Such a retired justice shall not be counted in
the number of judges provided by law for the
superior court, the family court, or the district
court.
(d) Any justice of the
supreme court who shall retire in accordance with the provisions of
this section shall at the direction of the chief
justice of the supreme court, subject to the retiree's
physical and mental competence, be assigned to perform
such services as an associate justice of
the supreme court as the chief justice of the supreme
court shall prescribe. When so assigned and
performing such services, the retiree shall have all
the powers and authority of an associate justice
of the supreme court, but otherwise he or she shall
have no powers nor be authorized to perform
any judicial duties relating to the supreme court,
except as authorized under section 8-1-1. Such a
retired justice shall not be counted in the number of
justices provided by law for the supreme
court.
8-3-8. Retirement
of justices on full pay -- Assignment as associate justices. -- (a)
Whenever any person engaged as a judge:
(1) On or before [July
2, 1997] shall have served as a justice of the supreme court, the
superior court, the family court, the district court,
or any of them for twenty (20) years and has
reached the age of sixty-five (65) years, or has
served for fifteen (15) years, and reached the age
of seventy (70) years, that justice may retire from
regular active service and thereafter the justice
shall receive annually during his or her life a sum
equal to the annual salary the justice was
receiving at the time of his or her retirement;
(2) Subsequent to July
2, 1997 and prior to January 1, 2009, shall have served as a
justice of the supreme court, the superior court, the
family court, the district court, or any of them
for twenty (20) years and has reached the age of
sixty-five (65) years, or has served for fifteen
(15) years, and reached the age of seventy (70) years,
said justice may retire from regular active
service and thereafter said justice shall receive
annually during his or her life a sum equal to his
or her average highest three (3) consecutive years of
compensation.
(3) On or after January
1, 2009, shall have served as a justice of the supreme court, the
superior court, the family court, the district court,
or any of them for twenty (20) years and has
reached the age of sixty-five (65) years, or has
served for fifteen (15) years, and reached the age
of seventy (70) years, said justice may retire from
regular active service and thereafter said justice
shall receive annually during his or her life a sum
equal to ninety percent (90%) of his or her
average highest three consecutive years of
compensation.
(4) On or after July 1,
2009, shall have served as a justice of the supreme court, the
superior court, the family court, the district court,
or any of them for twenty (20) years and has
reached the age of sixty-five (65) years, or has
served for fifteen (15) years, and reached the age
of seventy (70) years, said justice may retire from
regular active service and thereafter said justice
shall receive annually during his or her life a sum
equal to eighty percent (80%) of his or her
average highest five (5) consecutive years of
compensation.
(b) Whenever a justice
or magistrate shall be granted a leave of absence without pay,
such absence shall not be credited towards active
service time for the purposes of retirement.
(c) Any justice of any
of the courts who shall retire in accordance with the provisions of
this section shall at the direction of the chief
justice of the supreme court, subject to the retiree's
physical and mental competence, be assigned to perform
such services as an associate justice of
the superior court, or the family court, or the
district court as the presiding justice of the superior
court, or the chief judge of the family court, or the
district court shall prescribe. When so assigned
and performing such service, the retiree shall have
all the powers and authority of an associate
justice of the superior court, the family court, or
the district court but otherwise he or she shall
have no powers nor be authorized to perform any
judicial duties. Such a retired justice shall not
be counted in the number of judges provided by law for
the superior court, the family court, or the
district court.
(d) Any justice of the
supreme court who shall retire in accordance with the provisions of
this section shall at the direction of the chief
justice of the supreme court, subject to the retiree's
physical and mental competence, be assigned to perform
such services as an associate justice of
the supreme court as the chief justice of the supreme
court shall prescribe. When so assigned and
performing such services, the retiree shall have all
the powers and authority of an associate justice
of the supreme court, but otherwise he or she shall
have no powers nor be authorized to perform
any judicial duties relating to the supreme court,
except as authorized under section 8-1-1. Such a
retired justice shall not be counted in the number of
justices provided by law for the supreme
court.
SECTION
11. Sections 8-8-8.1 and 8-8-12 of the General Laws in Chapter 8-8 entitled
"District Court"
are hereby amended to read as follows:
8-8-8.1.
Administrator/clerk -- Magistrate. -- (a) Administrator/clerk. - There
shall be a
district court administrator/clerk who shall be
appointed by the chief judge in his or her capacity
as administrative head of the court, and who shall
hold office at the pleasure of the administrative
judge. The administrator/clerk shall perform such
duties and attend to such matters as may be
assigned to the administrator/clerk by the
administrative judge, other than those duties assigned to
the chief clerk in section8-8-19. Said duties may be
assigned by the chief judge.
(b) Magistrate. - Any
person holding the position of district court administrator/clerk
who is a member of the bar of Rhode Island may be
appointed district court magistrate by the
chief judge in his or her capacity as administrative
head of the court, subject to the advice and
consent of the senate. The district court magistrate
shall hold said office for a term of ten (10)
years and until a successor is appointed and
qualified; and the magistrate shall retain whatever
right he or she may have to the position of district
court administrator/clerk pursuant to this
section. Nothing herein shall be construed to prohibit
the appointment of the magistrate for more
than one term, subject to the advice and consent of
the senate. Any person holding office of
district court magistrate on July 1, 1999 may continue
in full authority in said position until such
time as an appointment is made and the nominee
qualified pursuant to this subsection.
(c) The district court
magistrate shall have the power to hear and determine such matters
as may be assigned to the district court magistrate by
the chief judge all to the same effect as if
done by a judge of the district court, including but
not limited to:
(1) Matters relating to
the determination of, monitoring, collection, and payment of
restitution and court ordered fines, fees, and costs
or the ordering of community service in lieu of
or in addition to the payment of restitution, fines,
fees, and costs, consistent with other provisions
of the general laws;
(2) Arraignments and
pretrial motions in misdemeanor, petty misdemeanor, violation,
and ordinance cases and initial appearances and
probable cause hearings in felony cases;
(3) Bail hearings
pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters
pursuant to chapter 13 of title 12 and the rules of
criminal procedure, including but not limited to
motions to modify bail, bail revocation hearings, bail
forfeiture hearings, and bail source
hearings;
(4) All matters relating
to fugitives from justice pursuant to chapter 9 of title 12;
(5) Probation
revocation hearings;
(6) All matters
relating to small claims and consumer claims pursuant to chapter 16 of
title 10, including any pretrial motions including
motions relating to the special service of
process, the entry of defaults and default judgments,
the trial of such cases and the entry of
judgment after such trials, and all matters relating
to the enforcement of such judgments,
including but not limited to the ordering of
installment payments and trustee process; and
(7) Complaints for
judicial review of the decision of an administrative agency pursuant
to chapter 35 of title 42 by making proposed findings
of fact and recommendations for the
disposition of the complaints to a judge of the court.
Any party may object to any portion of the
magistrate's proposed findings and recommendations
within ten (10) days after receipt of a copy
thereof. That party shall file with the clerk of the
sixth division of the district court and serve on
all parties written objections which shall
specifically identify the portions of the proposed
findings and recommendations to which objection is
made and the basis for the objection. A
judge shall make a de novo determination of those
portions to which objection is made and may
accept, reject, or modify, in whole or in part, the
findings or recommendations made by the
magistrate. Absent a timely objection filed in
accordance with this subdivision, the proposed
prevailing party shall, upon expiration of the ten
(10) days following the service of the
magistrate's proposed findings and recommendations,
submit a proposed order for signature of
the judge to whom the case has been assigned.
(8) [Deleted by P.L.
2008, ch. 1, section 3_.
(d) The magistrate may
be authorized:
(1) To regulate all
proceedings before him or her;
(2) To do all acts
necessary or proper for the efficient performance of his or her duties;
(3) To require the
production before him or her of books, papers, vouchers, documents,
and writings;
(4) To rule upon the
admissibility of evidence;
(5) To issue subpoenas
for the appearance of witnesses, to put witnesses on oath, to
examine them, and to call parties to the proceeding
and examine them upon oath;
(6) To adjudicate a
person in contempt and to order him or her fined or to order him or
her imprisoned for not more than seventy-two (72)
hours, pending review by a judge of the court,
for failure to appear in response to a summons or for
refusal to answer questions or produce
evidence or for behavior disrupting a proceeding or
other contempt of his or her authority;
(7) To adjudicate a person
in contempt and to order him or her fined or to order him or
her imprisoned for not more than seventy-two (72)
hours, pending review by a judge of the court,
for failure to comply with a pending order to provide
payment or to perform any other act;
(8) To issue a capias and/or body attachment for the failure of a party or
witness to
appear after having been properly served or given
notice by the court and, should the court not be
in session, the person apprehended may be detained at
the adult correctional institution, if an
adult, or at the
court;
(9) To issue writs of
habeas corpus to bring before him or her or a judge of the court any
person in jail or in prison to be examined as a
witness in a suit or proceeding, civil or criminal,
pending before the court, or whose presence is
necessary as a party or otherwise necessary so that
the ends of justice may be attained, and for no other
purpose; and
(10) To issue warrants
of arrest and search warrants to the same extent as an associate
judge of the court.
(e) Except as otherwise
indicated, a party aggrieved by an order entered by the district
court magistrate shall be entitled to a review of the
order, whether by appeal or otherwise, by a
judge of the court. The court shall, by rules of
procedure, establish procedures for review of
contempt and adjudications of the magistrate.
(f) The magistrate
shall be:
(1) Governed by the commission
on judicial tenure and discipline, chapter 16 of this
title, in the same manner as justices and judges;
(2) Subject to all
provisions of the canons of judicial ethics;
(3) Subject to all
criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.
(g) The provisions of
this section shall be afforded liberal construction.
8-8-12. Duties of
chief judge. -- (a) The chief judge shall be the administrative head of
the district court and shall be responsible for its
operation and the efficient use of its manpower.
To this end he or she shall:
(1) Hold court in any
division when he or she deems it necessary;
(2) Assign judges to
hold court in the various divisions;
(3) Designate the place
or places for holding court in each division;
(4) Fix the time for
holding court in each division and supervise the calendars;
(5) Report annually to
the chief justice of the supreme court on the state of the business
of the district court;
(6) Supervise the
collection and publication of statistics pertaining to the court;
(7) Supervise the
management of the records of the court;
(8) Determine the time
of vacations to be taken by the district judges;
(9) Preside over the
district court conference and designate the time and place that it
shall be held;
(10) Promulgate rules
and regulations relating to:
(i)
The licensing of constables to serve certain district court civil process; and
(ii) The duties and conduct
of licensed constables;.
(11) [Deleted by
P.L. 2007, ch. 154, section 1 and P.L. 2007, ch. 160, section 1_.
(b) The chief judge of
the district court may designate an associate judge of the district
court as administrative judge of the district court.
The administrative judge may exercise such
administrative authority as may be delegated to him or
her by the chief judge. The administrative
judge shall receive an increase in compensation which
shall be set pursuant to section 8-15-4.
(c) The chief judge of
the district court shall appoint sufficient court recorders to enable
all proceedings to be recorded by electronic means and
who shall assist in such other clerical
duties subject to the labor laws of this state and
applicable collective bargaining agreement as
may be prescribed from time to time by the chief judge
of the district court.
SECTION
12. Section 8-8.1-1 of the General Laws in Chapter 8-8.1 entitled
"Domestic
Assault" is hereby
amended to read as follows:
8-8.1-1.
Definitions. -- The following words as used in this chapter shall have
the
following meanings:
(1)
"Cohabitants" means emancipated minors or persons eighteen (18) years
of age or
older, not related by blood or marriage, who together are
not the legal parents of one or more
children, and who have resided together within the
preceding three (3) years or who are residing
in the same living quarters.
(2) "Course of
conduct" means a pattern of conduct composed of a series of acts over a
period of time, evidencing a continuity of purpose.
Constitutionally protected activity is not
included within the meaning of "course of
conduct."
(2)(3)
"Courts" means the district court.
(4) "Cyberstalking" means transmitting any communication by
computer to any person or
causing any person to be contacted for the sole
purpose of harassing that person or his or her
family.
(3)(5)
"Domestic abuse" means the occurrence of one or more of the following
acts
between cohabitants or against the minor child of a
cohabitant, or the occurrence of one or more
of the following acts between persons who are or have
been in a substantive dating or
engagement relationship within the past one year or
against a minor child in the custody of the
plaintiff; "domestic abuse" shall be
determined by the court's consideration of the following
factors:
(i)
The length of time of the relationship;
(ii) The type of the
relationship;
(iii) The frequency of
the interaction between the parties;
(iv) Attempting to
cause or causing physical harm;
(v) Placing another in
fear of imminent serious physical harm;
(vi) Causing another to
engage involuntarily in sexual relations by force, threat of force,
or duress; or
(vii) Stalking or cyberstalking.
(6)
"Harassing" means following a knowing and willful course of conduct
directed at a
specific person with the intent to seriously alarm,
annoy, or bother the person, and which serves
no legitimate purpose. The course of conduct must be
such as would cause a reasonable person to
suffer substantial emotional distress, or be in fear
of bodily injury.
(4)(7)
"Sole legal interest" means defendant has an ownership interest in
the residence
and plaintiff does not; or defendant's name is on the
lease and plaintiff's is not.
(5)(8)
"Stalking" means harassing another person or willfully, maliciously
and
repeatedly following another person with the intent to
place that person in reasonable fear of
bodily injury;.
(6) "Cyberstalking" means transmitting any communication by
computer to any person
or causing any person to be contacted for the sole
purpose of harassing that person or his or her
family;
(7)
"Harassing" means following a knowing and willful course of conduct
directed at a
specific person with the intent to seriously alarm,
annoy, or bother the person, and which serves
no legitimate purpose. The course of conduct must be
such as would cause a reasonable person to
suffer substantial emotional distress, or be in fear
of bodily injury;
(8) "Course of
conduct" means a pattern of conduct composed of a series of acts over a
period of time, evidencing a continuity of purpose.
Constitutionally protected activity is not
included within the meaning of "course of
conduct."
SECTION
13. Sections 8-8.2-1, 8-8.2-11 and 8-8.2-15 of the General Laws in Chapter 8-
8.2 entitled "Traffic
tribunal" are hereby amended to read as follows:
8-8.2-1.
Establishment -- Rule-making authority -- Adjudication of violations. --
(a)
There is hereby established a traffic tribunal which
shall be charged with the administration and
adjudication of traffic violations within its
jurisdiction. The traffic tribunal shall be under the
supervision of the chief magistrate of the traffic
tribunal, who shall be the administrative head of
the traffic tribunal and shall have the power to make
rules for regulating practice, procedure and
business within the traffic tribunal. Pursuant to section
8-6-2, said rules shall be subject to the
approval of the supreme court. Such rules, when
effective, shall supersede any statutory
regulation in conflict therewith. Any person who has
been a member of the bar of Rhode Island
may be appointed chief magistrate of the traffic
tribunal. The chief magistrate of the traffic
tribunal shall be appointed by the chief justice of
the supreme court, with the advice and consent
of the senate, for a period of ten (10) years and until
a successor is appointed and qualified.
Nothing contained herein shall be construed to
prohibit the reappointment of the chief magistrate
for one or more ten (10) year terms subject to the
advice and consent of the senate. Compensation
for the chief magistrate shall be equal to that of an
associate judge of the district court.
(b) The judges and
magistrates of the traffic tribunal shall hear and determine cases as
provided by law. No district court judge appointed
pursuant to chapter 8 of this title shall be
assigned to perform duties of a judge or magistrate of
the traffic tribunal under this chapter. The
chief magistrate of the traffic tribunal may assign a
judge or magistrate who is authorized to hear
and decide cases in the traffic tribunal to serve as
administrative judge or magistrate of the traffic
tribunal and the administrative judge or magistrate
shall perform such administrative duties as
may be delegated to him or her by the chief
magistrate. Once assigned to the position, the
administrative judge or magistrate shall hold said
administrative position for the remainder of his
or her respective term as a judge or magistrate of the
traffic tribunal.
(c)(i)(1) Those judges of the administrative
adjudication court in active service on July 1,
1999 shall serve within the traffic tribunal. Whenever
the total number of judges and magistrates
in the traffic tribunal exclusive of the chief
magistrate shall be less than seven (7), the chief
justice of the supreme court, with the advice and
consent of the senate, may, as needed, assign a
duly qualified member of the bar of this state to act
as a magistrate to fill such vacancy and shall
submit his or her name to the senate for confirmation.
In the event of a vacancy in the position of
chief magistrate, the chief justice of the supreme
court shall appoint a successor in accordance
with subsection 8-8.2-1(a). Any magistrate assigned
under this section shall serve a term of ten
(10) years and until a successor is appointed and qualified,
and shall be in the unclassified service
of the state. Nothing herein shall be construed to
prohibit the assignment of a magistrate to more
than one such term, subject to the advice and consent
of the senate. Compensation for any such
magistrate shall be determined by the chief magistrate
of the traffic tribunal subject to
appropriation by the general assembly but in no event
shall the compensation be equal to or more
than that of an associate judge of the district court.
Magistrates of the traffic tribunal shall
participate in the state retirement system in the same
manner as all members of the unclassified
service.
(ii)(2)
If any judge of the traffic tribunal shall retire, or a vacancy becomes
available
through death, disability or any other reason, the
position shall be filled by a magistrate consistent
with the provisions of this section.
(d) Each judge and
magistrate of the traffic tribunal shall devote full time to his or her
judicial duties, except as may be otherwise provided
by law. He or she shall not practice law
while holding office, nor shall he or she be a partner
or associate of any person in the practice of
law.
(e) Judges and
magistrates of the traffic tribunal shall be subject to the provisions of R.I.
Const. Art. XI; to the code of judicial conduct or
successor code promulgated by the supreme
court of this state, to the jurisdiction of the
Commission on Judicial Tenure and Discipline in
accordance with chapter 16 of this title; and to the
administrative authority and control of the
chief justice of the supreme court in accordance with
chapter 15 of this title, except that sections
8-15-3 and 8-15-3.1 shall not apply to judges of the
traffic tribunal.
(f) The traffic
tribunal shall be a tribunal of record and shall have a seal with such words
and devices as it shall adopt.
(g) Judges and
magistrates of the traffic tribunal shall have the power to administer oaths
and affirmations.
(h) Administrative/supervisory
officials. - (1) There shall be an assistant to the
administrative magistrate of the traffic tribunal who
shall be appointed by and serve at the
pleasure of the chief magistrate and who shall perform
such clerical and administrative duties as
may be assigned to him or her by the chief magistrate
of the traffic tribunal and the administrative
judge or magistrate of the traffic tribunal. The
assistant to the administrative judge or magistrate
shall have the power to administer oaths and affirmations
within the state.
(2) There shall be a
clerk of the traffic tribunal who shall be appointed by and serve at
the pleasure of the chief magistrate of the traffic
tribunal; provided, however, that, effective July
1, 1999, the first clerk of the traffic tribunal shall
be that person holding the position of
administrator/clerk of the administrative adjudication
court as of May 1, 1998, and that person
shall hold office for the balance of a term of twelve
(12) years which began on September 1,
1992, without the necessity of appointment by the
governor or advice and consent of the senate.
The clerk of the traffic tribunal shall exercise his
or her functions under the direction and control
of the chief magistrate of the traffic tribunal and
the administrative judge or magistrate of the
traffic tribunal. The clerk of the traffic tribunal
shall have the power to administer oaths and
affirmations within the state.
(i)
Clerical Personnel/Court Recorders. - (1) The chief magistrate of the traffic
tribunal
shall appoint deputy clerks and assistance clerks for
the traffic tribunal to serve at his or her
pleasure. All such clerks may administer oaths and
affirmations within the state.
(2) The chief
magistrate of the traffic tribunal shall appoint sufficient court recorders to
enable all proceedings to be recorded by electronic
means and who shall assist in such other
clerical duties as may be prescribed from time to time
by the chief magistrate of the traffic
tribunal.
(3) The chief
magistrate of the traffic tribunal shall employ such clerical assistants in
addition to deputy clerks as may be required in the
traffic tribunal to perform clerical duties.
8-8.2-11.
Allowance to surviving spouses or domestic partners of deceased judges. –
(a) Whenever
any judge of the administrative adjudication court or any judge of the
administrative adjudication court who is reassigned by
this chapter to the traffic tribunal dies after
retirement or during active service while eligible for
retirement, the judge's surviving spouse or
domestic partner shall receive annually thereafter
during his or her lifetime and so long as he or
she remains unmarried or not in a domestic
partnership, an amount equal to one third (1/3) of the
annual payment that the administrative judge was
receiving by way of salary or retirement pay at
the time of his or her death. Whenever a judge of the
administrative adjudication court or any
judge of the administrative adjudication court who is
reassigned by this act to the traffic tribunal
shall die without having become eligible to retire
under section 8-8.2-6 and has served ten (10)
years or more in office, his or her surviving spouse
or domestic partner shall receive annually
thereafter during the spouse's or domestic partner's
lifetime and so long as he or she remains
unmarried or not in a domestic partnership, one fourth
(1/4) of the annual salary that the judge
was receiving at the time of his or her death.
(b) Any judge who
retires under the provisions of section 8-8.2-6 may at his or her
option elect to receive three fourths (3/4) of his or
her retirement pay, and where the option is
exercised by giving the general treasurer notice in
writing thereof within two (2) years after the
date of his or her retirement, his or her surviving
spouse or domestic partner shall receive
annually one half (1/2) of his or her retirement pay
during the spouse's or domestic partner's
lifetime so long as he or she remains unmarried or not
in a domestic partnership.
8-8.2-15. Transfer
of employees. -- All employees of the administrative adjudication
court deemed by the chief judge of the district court,
with the approval of the chief justice of the
supreme court, and subject to the labor laws of this
state and any applicable collective bargaining
agreement, to be essential to the operation of the
traffic tribunal are hereby transferred to the said
traffic tribunal. The chief judge of the district
court shall, subject to the approval of the chief
justice of the supreme court, and subject to any
applicable collective bargaining agreement,
assign appropriate titles and duties to said employees
and shall promulgate a listing of said titles
and duties within six (6) months from the effective
date of this chapter [July 1, 1999].
SECTION
14. Section 8-18-4 of the General Laws in Chapter 8-18 entitled "State and
Municipal Court
Compact" is hereby amended to read as follows:
8-18-4.
Adjudication of summonses by municipal courts. -- (a) All summonses to
be
adjudicated by a municipal court shall be forwarded to
the municipal court.
(b) Summonses to be
adjudicated by a municipal court shall be adjudicated by a judge of
the municipal court pursuant to section 31-41.1-6 and
the rules established by the chief magistrate
of the traffic tribunal subject to the approval of the
supreme court pursuant to section 8-6-2.
Municipal courts shall have jurisdiction over matters
brought pursuant to section 31-41.1-7.
(c) If a motorist fails
to appear to answer a summons before a municipal court, the
municipal court may proceed pursuant to section
31-41.1-5 to enter a default judgment and
determine whether the charges have been established.
Where a determination is made that a
charge has been established, an appropriate order
shall be entered and the motorist's license and
registration privileges may be ordered by the
municipal court to be suspended by the division of
motor vehicles as provided by law.
(d) All summonses which
have been adjudicated by the municipal court and entered into
the data electronic system shall be returned to the
traffic tribunal for storage as required by
section 8-14-1.
(e) All municipal
courts shall be courts of record, shall tape record all sessions, maintain
dockets, and adjudicate all violations on the
summonses and shall be responsible for data entry
into an electronic data processing system of all
citations heard and decided by said municipal
courts pursuant to procedures and rules promulgated by
the chief magistrate of the
traffic tribunal subject to the approval of the
supreme court pursuant to section 8-6-2.
(f) Municipal court
judges may, in their discretion, order driver retraining courses in
appropriate cases.
(g) [Deleted by P.L.
1999, ch. 218, art. 5, section 1.]
(h)(g) A
thirty-five dollar ($35.00) hearing fee shall be assessed by both
municipal
courts and the traffic tribunal against each person
pleading guilty to or found guilty of a traffic
offense or violation, as provided in the general laws.
In no case shall any municipal court
exercising jurisdiction pursuant to this chapter
impose or assess any fees or costs except as
expressly authorized by state law.
(i)(h)
If a payment for any fine assessed in the municipal court for any violation is
attempted with a check written against insufficient
funds, then an additional penalty not to exceed
twenty-five dollars ($25.00) may be added to the
amount due.
SECTION
15. Sections 8-19-1 and 8-19-3 of the General Laws in Chapter 8-19 entitled
"Language Interpreters
- Use of Language Interpreters in Legal Proceedings" are hereby amended
to read as follows:
8-19-1.
Legislative declaration -- Intent. – (a) It is hereby declared to
be the policy of
the state of
speaking background, are unable to readily understand
or communicate in the English language,
and who consequently need the assistance of an interpreter
be fully protected in legal proceedings
in criminal matters before the Rhode Island superior
court, the Rhode Island district court, and in
juvenile matters in the
command of two (2) languages, but also a knowledge of
courtroom procedure, legal vocabulary,
the overall court and legal systems, and an
understanding that the role of an interpreter consists
not of abridging or editorializing, but of exactly
interpreting every word that is spoken without
emendation or amendment.
(b) It is the
intent of the legislature, by the enactment of this chapter, to provide
interpreters to non-English speaking persons in
criminal proceedings before the state courts in
8-19-3.
Appointment of state certified or qualified interpreters. -- (a) When a
non-
English speaking person is a party to a defined legal
proceeding, the appointing authority shall, in
the absence of written waiver by such person, appoint
a state certified interpreter to assist such
person during the legal proceeding. Pursuant to
section 8-19-5, the state department of higher
education and the state court administrator's office
shall maintain a list of
certified interpreters from which the appointing
authority shall make its appointments.
(b) The appointing
authority may appoint a qualified interpreter in place of a state
certified interpreter when:
(1) A good faith effort
has been made to locate and obtain the services of a state certified
interpreter and one is not available; and
(2) The appointing
authority makes a finding that the proposed qualified interpreter
appears to have adequate language skills, knowledge of
interpreting techniques, familiarity with
interpreting in a court or hearing, and that he/she
has read, understands, and will abide by an
established code of ethics for language interpreters
pursuant to this chapter; and
(3) The proceeding is
one of a preliminary nature and of a short duration. Proceedings of
a preliminary nature may include but not be limited
to:
(a)(i) Arraignments;
(b)(ii)
Costs, restitution, and/or fine reviews;
(c)(iii)
Probation reviews;
(d)(iv)
Preliminary hearings on pretrial motions;
(e)(v)
Appearances before the court on bench warrants or arrest warrants.
(c) If any relationship
between the interpreter and any of the parties, attorneys,
witnesses, victims or any other persons involved in
the proceeding exists, the nature of that
relationship shall be disclosed to the appointing
authority on the record and the appointing
authority may in its discretion excuse the interpreter
from said proceeding.
SECTION
16. Section 9-1-48 of the General Laws in Chapter 9-1 entitled "Causes of
Action" is hereby
amended to read as follows:
9-1-48. Immunity
from civil liability -- Sports teams. -- (a) Notwithstanding any
provisions of law to the contrary, except as otherwise
provided in subsection (c) of this section,
no person who, without compensation and as a
volunteer, renders services as a manager, coach,
instructor, umpire, referee, or official or who,
without compensation and as a volunteer, assists a
manager, coach, instructor, umpire, referee, or
official in a youth sports program organized and
conducted by or under the auspices of a nonprofit
corporation, and no director, trustee, officer, or
employee of a nonprofit corporation which organizes,
conducts, or sponsors a youth sports
program, shall be liable to any person for any civil
damages as a result of any acts or omissions in
the rendering of such services or assistance or in the
organization, conduct, or sponsorship of the
youth sports program unless the acts or omissions of
the person were committed in willful,
wanton, or reckless disregard for the safety of the
participants in the youth sports program. It shall
be insufficient to impose liability upon any such
person to establish only that the conduct of the
person fell below ordinary standards of care.
(b) Notwithstanding any
provisions of law to the contrary, except as otherwise provided
in subsection (c) of this section, no person who
renders services as a manager, coach, instructor,
umpire, referee, or official or who assists a manager,
coach, instructor, umpire, referee, or official
in an interscholastic or intramural sports program
organized and conducted in accordance with
and subject to the rules, regulations, and
jurisdiction of the
the committee on junior high school athletics, and/or
the board of regents for elementary and
secondary education shall be liable to any person for
any civil damages as a result of any acts or
omissions in the rendering of such services or
assistance unless the acts or omissions of the
person were committed in willful, wanton, or reckless
disregard for the safety of the participants
in the interscholastic or intramural sports program.
(c) Nothing in this
section shall be deemed to grant immunity to any person, corporation,
or other entity who or which causes injury or damage
as the result of the negligent operation of a
motor vehicle.
(d) For purposes of
this section:
(1)
"Compensation" shall not include reimbursement for reasonable
expenses actually
incurred or to be incurred or, solely in the case of
umpires, referees, or other game officials, a
modest honorarium.
(2) "Nonprofit
corporation" shall include any nonprofit corporation or nonprofit
association organized under the law of this state, or
of any other state, or of the
which is authorized to do business in this state.
(1)(3)
"Youth sports program" shall include any program organized for
recreational
athletic competition, and/or instruction and whose
participants are nineteen (19) years of age or
younger or physically or mentally disabled regardless
of age.
(2)
"Compensation" shall not include reimbursement for reasonable
expenses actually
incurred or to be incurred or, solely in the case of
umpires, referees, or other game officials, a
modest honorarium.
(3) "Nonprofit
corporation" shall include any nonprofit corporation or nonprofit
association organized under the law of this state, or
of any other state, or of the
which is authorized to do business in this state.
SECTION
17. Section 9-1.1-2 of the General Laws in Chapter 9-1.1 entitled "The
State
False Claim Act" is
hereby amended to read as follows:
9-1.1-2.
Definitions. -- As used in this chapter:
(1)
"Custodian" means the custodian, or any deputy custodian, designated
by the attorney
general under section 9-1.1-6 of the
(2) "Documentary
material" includes the original or any copy of any book, record, report,
memorandum, paper, communication, tabulation, chart,
or other document, or data compilations
stored in or accessible through computer or other
information retrieval systems, together with
instructions and all other materials necessary to use
or interpret such data compilations, and any
product of discovery.
(3) "Guard"
means the
(4)
"Investigation" means any inquiry conducted by any investigator for
the purpose of
ascertaining whether any person is or has been engaged
in any violation of this chapter.
(5)
"Investigator" means a person who is charged by the
or his or her designee with the duty of conducting any
investigation under this act, or any officer
or employee of the State acting under the direction
and supervision of the department of attorney
general.
(6) "Product of
discovery" includes:
(i)
The original or duplicate of any deposition, interrogatory, document, thing,
result of
the inspection of land or other property, examination,
or admission, which is obtained by any
method of discovery in any judicial or administrative
proceeding of an adversarial nature;
(ii) Any digest,
analysis, selection, compilation, or derivation of any item listed in
paragraph (i); and
(iii) Any index or
other manner of access to any item listed in paragraph (i).
(a)(8) "State"
means the state of
political subdivision meaning any city, town, county
or other governmental entity authorized or
created by state law, including public corporations
and authorities.
(b)
"Guard" means the Rhode Island National Guard.
(c)
"Investigation" means any inquiry conducted by any investigator for
the purpose of
ascertaining whether any person is or has been engaged
in any violation of this chapter.
(d)
"Investigator" means a person who is charged by the
or his or her designee with the duty of conducting any
investigation under this act, or any officer
or employee of the State acting under the direction
and supervision of the department of attorney
general.
(e) "Documentary
material" includes the original or any copy of any book, record, report,
memorandum, paper, communication, tabulation, chart,
or other document, or data compilations
stored in or accessible through computer or other
information retrieval systems, together with
instructions and all other materials necessary to use
or interpret such data compilations, and any
product of discovery.
(f)
"Custodian" means the custodian, or any deputy custodian, designated
by the attorney
general under section 9-1.1-6 of the
(g) "Product of
discovery" includes:
(1) The original or
duplicate of any deposition, interrogatory, document, thing, result of
the inspection of land or other property, examination,
or admission, which is obtained by any
method of discovery in any judicial or administrative
proceeding of an adversarial nature;
(2) Any digest,
analysis, selection, compilation, or derivation of any item listed in
paragraph (1); and
(3) Any index or
other manner of access to any item listed in paragraph (1).
SECTION
18. Section 9-31-2.1 of the General Laws in Chapter 9-31 entitled
"Governmental Tort
Liability" is hereby amended to read as follows:
9-31-2.1.
Limitation of damages -- State -- Commuter rail service. – (a)
Agreements
between the state and a railroad for the provision of
commuter rail service shall provide that the
state shall secure and maintain a liability insurance
policy covering the liability of the state and
the railroad for property damage, personal injury,
bodily injury and death arising out of such
commuter rail service. Such policy shall name the
state as named insured, and the railroad as an
additional insured, shall have policy limits of not
less than seventy-five million dollars
($75,000,000) per occurrence annually and seventy-five
million dollars ($75,000,000) in the
aggregate annually, and shall be subject to
self-insured retention in an amount not less than seven
million five hundred thousand dollars ($7,500,000). In
no event shall the state or the railroad be
liable in excess of the coverage limits of such
insurance policy for any and all claims for damage,
whether compensatory or punitive, for property damage,
personal injury, bodily injury and death
arising out of such commuter rail service.
(b) For the
purposes of this section, the term "railroad" shall include any
person, railroad
corporation or other legal entity in the business of
providing rail transportation which contracts
with the state for the provision of commuter rail
services and the term "commuter rail service",
shall include all services performed by a railroad
pursuant to a contract with the state in
connection with the transportation of rail passengers
including, but not limited to, the operation of
trains, trackage and
equipment, or the construction, reconstruction or maintenance of railroad
equipment, tracks and any appurtenant facilities or
the provision of trackage rights over lines
owned by any such railroad.
SECTION
19. Sections 23-27.3-100.1.5.1, 23-27.3-102, 23-27.3-106 and 23-27.3-120.3
of the General Laws in
Chapter 23-27.3 entitled "State Building Code" are hereby amended to
read as follows:
23-27.3-100.1.5.1.
Housing and maintenance code -- Powers and duties of the
building code standards committee. -- (a) The committee shall have the authority to adopt
and
promulgate a housing and maintenance code which shall
be reasonably consistent with
recognized and accepted standards and codes promoted
by national model code organizations.
The code shall be submitted to the legislature for
adoption and amendments as required. Once
adopted by the legislature, the law shall not be
amended by the cities and towns. The committee
shall have the singular authority to submit further
amendments to the legislature as required.
These new provisions shall replace, and/or amend the
existing provisions of the Minimum
Housing Standards, chapter 24.2 of title 45, and the
Housing, Maintenance and Occupancy Code,
chapter 24.3 of title 45. Once adopted by the
legislature, the laws shall not be amended by the
cities and towns without prior approval of the
committee and subsequently the legislature. The
state housing and property maintenance code
subcommittee shall carry out its responsibilities to
the building code standards committee by acting as an
entity of the committee in administering
the code, by recommending needed code amendments, by
promulgating the code, and by serving
as the board of standards and appeals for the code.
(b) The subcommittee
shall also have a recording secretary who shall attend all meetings
and direct the conduct of any investigation which may
be necessary in the preparation of any
hearing. The recording secretary shall be a member of
the classified service on the staff of the
state building commissioner and shall be compensated
as appropriate for the expertise required.
The administration and appeals procedures pertaining
to these laws shall remain in the
prerogatives of the local municipalities and the
legislature.
(c) Within ninety (90)
days after the end of each fiscal year, the committee shall approve
and submit an annual report to the governor, the
speaker of the house of representatives, the
president of the senate, and the secretary of state,
of its activities during that fiscal year. The
report shall provide: an operating statement
summarizing meetings or hearings held, including
meeting minutes, subjects addressed, decisions rendered,
applications considered and their
disposition, rules or regulations promulgated, studies
conducted, policies and plans developed,
approved, or modified, and programs administered or
initiated; a consolidated financial statement
of all funds received and expended including the
source of the funds, a listing of any staff
supported by these funds, and a summary of any
clerical, administrative or technical support
received; a summary of performance during the previous
fiscal year including accomplishments,
shortcomings and remedies; a synopsis of hearings,
complaints, suspensions, or other legal
matters related to the authority of the committee; a
summary of any training courses held
pursuant to this chapter; a briefing on anticipated
activities in the upcoming fiscal year, and
findings and recommendations for improvements. The
report shall be posted electronically on the
websites of the general assembly and the secretary of
state pursuant to the provisions of section
42-20-8.2. The director of the department of
administration shall be responsible for the
enforcement of the provisions of this section.
(d) To conduct a
training course for newly appointed and qualified members within six
(6) months of their qualification or designation. The
course shall be developed by the chair of the
committee, be approved by the committee, and be
conducted by the chair of the committee. The
committee may approve the use of any committee and/or
staff members and/or individuals to
assist with training. The training course shall
include instruction in the following areas: the
provisions of chapters 42-46, 36-14 and 38-2; and the
committee's rules and regulations. The
director of the department of administration shall,
within ninety (90) days of the effective date of
this act [June
16, 2006] prepare and disseminate training materials relating to the
provisions of
chapters 42-46, 36-14, and 38-2.
23-27.3-102.0
Ordinary repairs. – (a) Ordinary repairs to buildings and structures
may
be made without application or notice to the building
official, but the repairs shall not include:
(1) The installation of
any siding;
(2) The cutting away of
any wall, partition or portion of the wall;
(3) The removal or
cutting away of any structural beam or bearing support;
(4) The removal or
change of any required means of egress;
(5) Rearrangement of
parts of a structure affecting the exitway
requirements;
(6) Alteration of,
replacement or relocation of any standard pipe, water supply, sewer,
drainage, drain leader, gas, soil, waste, vent or
similar piping;
(7) Electric wiring;
(8) Mechanical or other
work which affects public health, safety or welfare.
(b) All work not
classified as ordinary repair shall comply with the rules and regulations
or ordinances of the municipality as to the
procurement of a permit for these repairs.
23-27.3-106.0.
Existing structures. -- (a) (1) Except as provided in this section,
existing
buildings or structures when altered, renovated,
reconstructed or repaired or a change of use
occurs as specified in this section shall be made to
conform to the requirements of the
rehabilitation building and fire code for existing
buildings and structures. See chapters 2 through
34 of regulation SBC-1 for new buildings.
(2) Except as provided
for in the rehabilitation building and fire code for existing
buildings and structures, the alternative procedures
of SBC-1, chapter 34, entitled Repair,
Alteration, Addition to, and Change of Use of Existing
Buildings, may be used in lieu of the
provisions of this section for all existing buildings
in which there is work involving repairs,
alterations, additions, or changes of use and occupancy.
(b) Flood resistant
construction for buildings or structures in flood hazard areas. - In
order to determine the percentage between the costs
for alterations, renovations, reconstruction
and repairs and the physical value of the building or
structure, to establish whether a substantial
improvement or a substantial damage occurs, the
building official shall exclude the alteration,
renovation, reconstruction and repair cost of the
following items item:
(1) All nonpermit items such as painting, decorating, landscaping,
fees, and the like.
(2) [Deleted by P.L.
2001, ch. 232, section 1.]
(c) [Deleted by P.L.
2001, ch. 232, section 1.]
(d) [Deleted by P.L.
2001, ch. 232, section 1.]
23-27.3-120.3.
Existing buildings. – (a) Upon written request from the owner of
an
existing building, the building official shall issue a
certificate of use and occupancy, provided
there are no violations of law or orders of the
building official or the fire official pending, and it is
established after inspection and investigation that
the alleged use of the building has heretofore
existed. Nothing in this code shall require the
removal, alteration, or abandonment of, or prevent
the continuance of the use and occupancy of, a
lawfully existing building, unless the use is
deemed to endanger public safety and welfare. In
addition, the written request from the owner of
any property serviced by a private well shall be
accompanied by documentation which
demonstrates compliance with the drinking water
testing requirements and the drinking water
standard for coliform
bacteria, fluoride, lead, nitrate and nitrite for private wells established by
the director of health. A city or town may require
additional testing and compliance with quality
standards established pursuant to section subdivision
23-1-5.3(6). Testing results which show that
a private well is not in compliance with one or more
of these drinking water quality standards
shall be sufficient to deem the private well as a
danger to public safety and welfare, and shall
require corrective action before the certificate of
use and occupancy can be issued.
(b) Corrective
action will be required within thirty (30) days. The property owner may
appeal to the Town Building Code Board of Appeals for
a ninety (90) day extension, or give other
just cause why the water well should remain in service
for an extended period of time.
(c) If a
registered engineer or otherwise qualified professional certifies no currently
available treatment system will adequately treat the
water to meet the potability requirement, the
property owner can appeal to the Town Building Code
Board of Appeals for an exemption from
the private well potability
requirement until such time a public water supply becomes available.
This exemption will expire after five (5) years,
renewable by appeal only.
SECTION
20. Sections 23-28.01-2 and 23-28.01-5 of the General Laws in Chapter 23-
28.01 entitled
"Comprehensive Fire Safety Act" are hereby amended to read as
follows:
23-28.01-2.
Legislative findings. -- The general assembly finds and declares that:
(a)(1)
Fires are a significant and preventable cause of the loss of life in the state;
(b)(2)
Catastrophic fires, while rare, have happened in the state with tragic loss of
life;
(c)(3)
Fire safety and building codes can provide standards that substantially reduce
the
risk of death, injury, and property damage caused by
fires;
(d)(4)
Compliance with codes is critical to their being an effective means for
achieving
the reduction of both risks and losses;
(e)(5)
Codes are more effective when they are comprehensive in their application,
up-to-
date, and integrated;
(f)(6)
as conditions in the state have changed and the means
and practice of fire safety have evolved;
and
(g)(7)
nightclub, in
23-28.01-5.
Planning and reporting. – (a) The system of fire safety codes,
compliance,
enforcement, and education, shall be regularly
reviewed in order to maintain the use of best
practices throughout
efficient and effective fire safety measures in the
state.
(a)(b)
The fire marshal shall, in conjunction with the fire safety code board of
appeal and
review, the building code commission, the department
of health, the economic development
corporation, the department of elementary and
secondary education, and representatives of local
fire departments, prepare and approve by February 20,
2004, a comprehensive plan setting forth
goals and implementation measures for improving fire
safety in
include recommendations regarding public, fire safety
education. The plan may be periodically
reviewed and amended and shall be updated at least
once every five (5) years. The plan, and any
amendments and updates, shall be submitted to the
governor, the speaker of the house and the
president of the senate. A copy of the plan shall be
provided to the secretary of state, and the
report shall be posted on the website of the fire
marshal.
(b)(c)
The fire marshal shall submit a report on or before February 1, 2005, and
annually
not later than February 1 in each year thereafter, to
the governor, the speaker of the house and the
president of the senate on fire safety in
meeting goals set forth in the five (5) year plan, and
recommending actions for improving fire
safety. A copy of the report shall be provided to the
secretary of state, and the report shall be
posted on the website of the fire marshal.
(c)(d) In
order to increase public information about fire risks in places of assembly,
the
fire marshal shall make public the repeat and/or
uncorrected fire safety code violations of all
places of assembly that are classified as nightclubs
and provide this information on a website,
effective February 20, 2004.
SECTION
21. Sections 23-28.2-20.1 and 23-28.2-23 of the General Laws in Chapter 23-
28.2 entitled
"Division of Fire Safety" are hereby amended to read as follows:
23-28.2-20.1.
Notices of violation. – (a) The fire marshal and persons
designated
specifically in writing by the fire marshal shall have
the power to issue notices of violation as
herein provided for, and the powers herein established
shall be in addition to other powers of
inspection and enforcement of the Fire Safety Code
provided for in this title. The fire marshal or
authorized designee of the fire marshal shall have the
power to give notice of an alleged violation
of law to the person responsible therefor
whenever the fire marshal or authorized designee
determines that there are reasonable grounds to
believe that there is a violation of any provision
of law within his or her jurisdiction or of any rule
or regulation adopted pursuant to authority
granted to him or her and/or the Fire Safety Code
Board of Appeal and Review, unless other
notice and hearing procedure is specifically provided
by that law. Nothing in this chapter shall
limit the authority of the attorney general to
prosecute offenders as required by law.
(a)(b)
The notice shall provide for the time the alleged violation shall be remedied,
and
shall inform the person to whom it is directed that a
written request for a hearing on the alleged
violation may be filed with the fire safety code board
of appeal and review within thirty (30) days
after service of the notice. The notice will be deemed
properly served upon a person if a copy
thereof is served him or her personally, by the
authority having jurisdiction or any other person
having authority to serve process, or sent by
registered or certified mail to his or her last known
address, or if he or she is served with notice by any
other method of service now or hereafter
authorized in a civil action under the laws of this
state. If no written request for a hearing is made
to the Fire Safety Code Board of Appeal and Review
within thirty (30) days of the service of
notice, the notice shall automatically become a
compliance order. The authority issuing the notice
of violation shall have the power to extend in writing
the time in which the alleged violation shall
be remedied if the authority shall find, to the
authority's satisfaction, that a good faith effort is
being made to remedy the violation, and that the
extension of time to remedy the violation will
not result in a significant threat to life safety.
(b) [Deleted by P.L.
2004, ch. 220, section 3 and by P.L. 2004, ch. 225, section 3_.
(c) If a person upon
whom a notice of violation has been served under the provisions of
this section or if a person aggrieved by any such
notice of violation requests a hearing before the
Fire Safety Code Board of Appeal and Review within
thirty (30) days of the service of notice of
violation, the Board shall set a time and place for
the hearing, and shall give the person requesting
that hearing notice as outlined in section 23-28.3-5
of this title. After the hearing, the Board may
make findings of fact and shall sustain, modify, or
withdraw the notice of violation. If the Board
sustains or modifies the notice, that decision shall
be deemed a compliance order and shall be
served upon the person responsible in any manner
provided for the service of the notice in this
section.
(d) The compliance
order shall state a time within which the violation shall be remedied,
and the original time specified in the notice of
violation shall be extended to the time set in the
order.
(e) Whenever a
compliance order has become effective, whether automatically where no
hearing has been requested, or upon decision following
a hearing, the fire marshal may institute
injunction proceedings in the district court of the
state for enforcement of the compliance order
and for appropriate temporary relief, and in that
proceeding the correctness of a compliance order
shall be presumed and the person attacking the order
shall bear the burden of proving error in the
compliance order. The remedy provided for in this
section shall be cumulative and not exclusive
and shall be in addition to remedies relating to the
removal or abatement of nuisances or any
other remedies provided by law. The district court
shall have full equity power to hear and
address these matters.
(f) Any party aggrieved
by a final judgment of the district court may, within thirty (30)
days from the date of entry of such judgment, petition
the supreme court for a writ of certiorari to
review any questions of law. The petition shall set
forth the errors claimed. Upon the filing of the
petition with the clerk of the supreme court, the
supreme court may, if it sees fit, issue its writ of
certiorari.
23-28.2-23. Fire
education and training coordinating board. -- (a) There is hereby
created within the division of fire safety a fire
education and training coordinating board
comprised of thirteen (13) members appointed by the
governor with the advice and consent of the
senate. In making said appointments, the governor
shall give due consideration to including in the
board's membership representatives of the following
groups:
(1) Chiefs of fire
departments with predominately fully paid personnel, defined as
departments in which the vast majority of members are
full-time, salaried personnel.
(2) Chiefs of fire
departments with part paid/combination personnel, defined as
departments in which members consist of both full-time
salaried personnel and a large percentage
of volunteer or call personnel.
(3) Chiefs of fire
departments with predominately volunteer personnel, defined as
departments in which the vast majority of members
respond voluntarily and receive little or no
compensation.
(4)
(5)
(6)
(7)
(8)
(9) Regional
firefighters leagues.
(b) The state fire
marshal and the chief of training and education shall serve as ex-officio
members.
(c) Members of the
board as of the effective date of this act [March 29, 2006] shall
continue to serve for the balance of their current
terms. Thereafter, members shall be appointed to
three (3) year terms. No person shall serve more than
two (2) consecutive terms, except that
service on the board for a term of less than two (2)
years resulting from an initial appointment or
an appointment for the remainder of an unexpired term
shall not constitute a full term.
(d) Members shall hold
office until a successor is appointed, and no member shall serve
beyond the time he or she ceases to hold office or
employment by reason of which he or she was
eligible for appointment.
(e) All gubernatorial
appointments made after the effective date of this act [March 29,
2006] shall be subject to the advice and
consent of the senate. No person shall be eligible for
appointment to the board after the effective date
of this act [March 29, 2006] unless he or she is a
resident of this state.
(f) Members shall serve
without compensation, but shall receive travel expenses in the
same amount per mile approved for state employees.
(g) The board shall
meet at the call of the chairperson or upon written petition of a
majority of the members, but not less than six (6)
times per year.
(h) Staff support to
the board will be provided by the state fire marshal.
(i)
The board shall:
(1) Establish bylaws to
govern operational procedures not addressed by legislation.
(2) Elect a chairperson
and vice-chairperson of the board in accordance with bylaws to
be established by the board.
(3) Develop and offer
training programs for fire fighters and fire officers based on
applicable NFPA standards used to produce training and
education courses.
(4) Develop and offer
state certification programs for instructors based on NFPA
standards.
(5) Monitor and
evaluate all programs to determine their effectiveness.
(6) Establish a fee
structure in an amount necessary to cover costs of implementing the
programs.
(7) Within ninety (90)
days after the end of each fiscal year, approve and submit an
annual report to the governor, the speaker of the
house of representatives, the president of the
senate, and the secretary of state of its activities
during that fiscal year. The report shall provide:
an operating statement summarizing meetings or hearing
held, including meeting minutes,
subjects addressed, decisions rendered, rules or
regulations promulgated, studies conducted,
policies and plans developed, approved or modified and
programs administered or initiated; a
consolidated financial statement of all funds received
and expended including the source of the
funds, a listing of any staff supported by these
funds, and a summary of any clerical,
administrative or technical support received; a
summary of performance during the previous
fiscal year including accomplishments, shortcomings
and remedies; a synopsis of hearings,
complaints, suspensions, or other legal matters
related to the authority of the council; a summary
of any training courses held pursuant to the
provisions of this section; a briefing on anticipated
activities in the upcoming fiscal year and findings
and recommendations for improvements. The
report shall be posted electronically on the general
assembly and secretary of state's websites as
prescribed in section 42-20-8.2. The director of the
department of administration shall be
responsible for the enforcement of the provisions of
this subsection.
(8) Conduct a training
course for newly appointed and qualified members within six (6)
months of their qualification or designation. The
course shall be developed by the chair of the
board, approved by the board, and conducted by the
chair of the board. The board may approve
the use of any board or staff members or other
individuals to assist with training. The training
course shall include instruction in the following
areas: the provisions of chapters 42-46, 36-14,
and 38-2; and the commission's rules and regulations.
The state fire marshal shall, within ninety
(90) days of March 29, 2006, prepare and disseminate
training materials relating to the provisions
of chapters 42-46, 36-14, and 38-2.
(j) In an effort to
prevent potential conflicts of interest, any fire education and training
coordinating board member shall not simultaneously
serve as a paid instructor and/or
administrator within the fire education and training
unit.
(k) A quorum for
conducting all business before the board, shall be at least seven (7)
members.
(l) Members of the
board shall be removable by the governor pursuant to the provisions
of section 36-1-7 of the general laws and for cause
only, and removal solely for partisan or
personal reasons unrelated to capacity or fitness for
the office shall be unlawful.
SECTION
22. Section 23-28.3-1 of the General Laws in Chapter 23-28.3 entitled
"Fire
Safety Code Board of Appeal
and Review" is hereby amended to read as follows:
23-28.3-1.
Definitions. -- When used in this chapter:
(1)
"Amendment" means any modification or change in the code that shall
be
formulated, adopted, and issued by the board;
(2) "Blanket
variance" means generalized relief from any provision of the fire safety
code, including, but not limited to, time deadlines,
when, in the opinion of the fire safety code
board, these provisions have been rendered obsolete and/or
impose an unanticipated,
unreasonable hardship upon the general public, and the
board finds that the decision to grant a
blanket variance will not conflict with the general
objectives of the code. All blanket variances
shall only be effective until the next code adoption
process by the board;
(2)(3)
"Board" means the fire safety code board created by this chapter;
(3)(4)
"Building" includes new and existing buildings and facilities, except
private
dwellings occupied by one, two (2), or three (3)
families, in the various cities and towns in this
state;
(4)(5)
"Code" means the minimum standard body of rules for fire safety known
as the
Fire Safety Code, chapters 28.1 -- 28.39 of this
title, or the rehabilitation building and fire code
for existing buildings and structures, chapter 29.1 of
this title;
(5)(6)
"Variation or variance " means a special limited modification or
change in the
code, including, but not limited to, time deadlines,
which is applicable only to a particular type of
building, structure, facility, regulated process or
hazardous activity upon the petition of the person
owning the building, structure, or facility, or
maintaining the regulated process or hazardous
activity. All variances shall be, to the extent
practicable, in keeping with recognized national
standards. ; and
(6) "Blanket
variance" means generalized relief from any provision of the fire safety
code, including, but not limited to, time deadlines,
when, in the opinion of the fire safety code
board, these provisions have been rendered obsolete
and/or impose an unanticipated,
unreasonable hardship upon the general public, and the
board finds that the decision to grant a
blanket variance will not conflict with the general
objectives of the code. All blanket variances
shall only be effective until the next code adoption
process by the board.
SECTION
23. Section 23-28.4-5.1 of the General Laws in Chapter 23-28.4 entitled
"Safety and Health
Programs for Fire Departments" is hereby amended to read as follows:
23-28.4-5.1. NFPA
1500 Implementation Plan Review Committee -- Creation and
membership. – (a) There is hereby created a NFPA 1500 Implementation Plan
Review
Committee consisting of three (3) members: one (1)
of whom shall be appointed by the Rhode
Island League of Cities and Towns, one (1) of
whom shall be appointed by the
Association of Fire Fighters, and one (1) of
whom shall be appointed by the Rhode Island Fire
Chiefs' Association. The terms of all members shall be
for four (4) years.
(b) The NFPA
Implementation Plan Review Committee shall meet at the call of the
chairperson, but not less than bi-monthly to review
the implementation plans as submitted by the
applicable fire departments pursuant to section
23-28.4-5. The Implementation Plan Review
Committee, after reviewing each fire department's
implementation plan, shall make a report
available as to the progress of each applicable
department's compliance or noncompliance with
NFPA 1500 by January 1, 2007.
SECTION
24. Sections 23-28.6-21, 23-28.6-22 and 23-28.6-24 of the General Laws in
Chapter 23-28.6 entitled
"Places of Assembly" are hereby amended to read as follows:
23-28.6-21.
Sprinklers required. -- (a) All new and existing places of assembly
shall be
completely protected by an approved system of
automatic sprinklers installed and maintained in
accordance with N.F.P.A. Standard 13, 2002 Edition and
its related standards pursuant to the
schedule outlined in subsection (d) of this section.
(b) The requirements of
subsection (a) of this section shall not apply to:
(i)(1)
Any place of assembly with an occupancy load of fifty (50) to three hundred
(300)
people of less concentrated use, exclusively calculated
at fifteen (15) square feet per person;
(ii)(2)
Any place of assembly with an occupancy load of fifty (50) to three hundred
(300)
people of concentrated use not classified as a
"nightclub";
(iii)(3)
Any place of assembly with an occupancy load of fifty (50) to three hundred
(300) people of concentrated use, classified as a
"nightclub" with a posted maximum occupancy
of less than one hundred fifty (150) people;
(iv)(4) Any
existing building used primarily as a place of worship that is in compliance
with the requirements for places of worship
established pursuant to section 23-28.6-24. ;
(v)(5) The
open assembly areas in existing unheated buildings used on a seasonal basis
provided the building is protected by a properly
maintained total (complete) fire alarm system
during all periods of occupancy. ; and
(vi)(6)
Student occupied assembly areas, such as auditorium(s), library(s),
cafeteria(s)
and gymnasium(s), within any existing building,
classified as either an educational occupancy, or
an institution of higher education such as a community
college, a college and/or university, that is
protected by a properly maintained total (complete)
fire alarm system. In the event the owner or
management of such a building plans to use one or more
of the above assembly areas, in a
manner inconsistent with the traditional educational
use, for example a community meeting, a
dance or a play, the owner or responsible management
must first consult with the state fire
marshal's designee, in the local fire department, and
develop a plan of action for such use. The
proposed event shall only be conducted pursuant to the
above plan of action. This exception shall
not apply to any such existing higher education
assembly area(s) used generally for commercial
purposes such as an arena, restaurant, bar or lounge.
(c) Alternatively
engineered sprinkler systems, approved by the Fire Safety Code Board
of Appeal and Review, shall be allowed in the
retrofitting of an existing place of assembly with
sprinklers.
(d) All places of
assembly with a maximum occupancy of more than three hundred (300)
people shall be fully sprinkled in accordance with the
above standards on or before July 1, 2005.
All "nightclubs" with a posted maximum
occupancy of one hundred fifty (150) or more people,
and up to three hundred (300) people shall be fully
sprinkled in accordance with the above
standards on or before July 1, 2006. For good cause
shown, the above deadlines may be extended
by the Fire Safety Code Board of Appeal & Review.
(e) The occupancy of
any place of assembly without a fire alarm system and/or sprinkler
system after July 1, 2004, shall have its maximum
occupancy adjusted by minus ten percent
(10%) for the absence of a fire alarm system and minus
twenty percent (20%) for the absence for
the sprinklers, when fire alarm systems and/or sprinklers
are required by law or regulation. Such
downward adjustment in occupancy shall be cumulative
and shall cease to apply when the
premises are in compliance with requirements for fire
alarms systems and sprinklers, and shall
not affect any other requirements of the Fire Safety
Code Board of Appeal and Review applicable
to the premises. The ten percent (10%) and twenty
percent (20%) reductions in maximum
occupancy, herein set forth, may be waived, in
writing, by the state fire marshal, assistant state
fire marshal, deputy state fire marshals, the local
fire chief of the jurisdiction in which the place
of assembly is located, or an assistant deputy state
fire marshal as designated by the local fire
chief. Provided, however, that the owner or management
responsible for the operation of the
facility shall be required to operate said facility
under an alternative plan of action for fire safety,
which plan shall require the approval of the state
fire marshal, the assistant state fire marshal,
deputy state fire marshals, the local fire chief of
the jurisdiction in which the place of assembly is
located, or an assistant deputy state fire marshal as
designated by the local fire chief, in order to
qualify for the waiver provided for herein.
(f) A place of assembly
with an occupancy of one hundred fifty (150) or greater and up
to three hundred (300) may avoid the above occupancy
adjustment by requiring a fire fighter to
be on duty during all hours of occupancy. In no event
shall the occupancy adjustment to the
firefighter requirement alter the July 1, 2006
deadline for the installation of sprinklers.
(g) All places of
assembly with an occupancy of less than one hundred fifty (150) shall
use fire retardant paints or other coverings, to a
standard acceptable to the Fire Safety Code Board
of Appeal and Review, unless the building has
sprinklers by July 1, 2006.
(h) The provisions of
this section, in its entirety, shall not apply to places of worship
except as may be required by the Fire Safety Code
Board of Appeal and Review pursuant to
section 23-28.6-24.
23-28.6-22.
Nightclubs. -- Every special amusement building concentrated occupancy
place of assembly nightclub as defined in section
23-28.1-5 shall comply with the following
requirements, consistent with requirements related
thereto established by the Fire Safety Code
Board of Appeal and Review and the state fire marshal.
All such buildings shall:
(a)(1) Have
fire alarms that are municipally connected for occupancies of one hundred
fifty (150) or greater and for all Class A and B
places of assembly by July 1, 2004. These fire
alarm systems shall be tested no less than quarterly.
(b)(2)
Have sprinklers in Class C places of assembly of one hundred fifty (150) or
greater with an occupancy load of one hundred fifty
(150) up to three hundred (300) people by
July 1, 2006 and in Class A and B places of assembly
with an occupancy load of greater than
three hundred (300) people by July 1, 2005; provided,
however, that this requirement shall not
apply to fully alarmed buildings used exclusively as
places of worship.
(c)(3)
Have alarm systems sound and upon the actuation of any smoke detector or fire
alarm, have emergency lighting or other appropriate
lighting activate, and require that any
conflicting sounds or visuals cease, by February 20,
2004.
(d)(4)
Have two (2) fire extinguishers, which shall be at least twenty (20)
pounds or such
other size as may be established as appropriate by the
Fire Safety Code Board of Appeal and
Review, in each stage area, by February 20, 2004.
(e)(5)
Have floor proximity exit signs for all occupancies greater than one hundred
fifty
(150) by February 20, 2005.
(f)(6) Shall
provide Provide an audible announcement of
the location of emergency exits
prior to each act or set.
(g)(7)
Have an emergency plan for the premises, approved by a fire marshal and
consistent with rules established by the Fire Safety
Code Board of Appeal a person on duty or a
crowd manager on duty, who has been trained by the
fire marshal with regard to the emergency
plan and basic crowd management techniques by October
1, 2004. This requirement shall be in
addition to the requirement for a detail fire fighter.
23-28.6-24. Places
of worship. – (a) The Fire Safety Code Board of Appeal and
Review
shall establish and maintain a subcategory of assembly
occupancies for places of worship and
shall, consistent with the provisions of this section,
specify code requirements applicable to the
subcategory. Every place of worship as defined in
section 23-28.1-5 shall comply with the
requirements for places of worship by the Fire Safety
Code Board of Appeal and Review and
administered by the state fire marshal. In
establishing and maintaining this subcategory, the board
shall give due consideration to the historic level of
use as well as to occupant load and shall
provide for separate calculation of occupant loads for
sanctuaries and gathering halls and for
distinct requirements for the different areas of the
place of worship.
(a)(b)
Newly constructed places of worship shall comply with the applicable
requirements for new occupancies.
(b)(c)
Existing places of worship shall comply with requirements established by the
Fire
Safety Code Board of Appeal and Review, pursuant to
this subsection.
(1) The Fire Safety
Code Board of Appeal and Review shall adopt reasonable
requirements for fire safety in existing places of
worship by July 1, 2007, which standards shall
allow for the continued occupancy and use of the place
of worship without undue hardship, with
due consideration for the historic use and operation
of the place of worship, unless such continued
use and occupancy would constitute a serious threat to
life. Such requirements shall provide that
the place of worship shall have:
(i)
Adequate egress, including exits, exit signs, and emergency lighting;
(ii) Adequate systems
for discovery of fire and smoke and for altering occupants
promptly and effectively; and
(iii) Adequate fire
extinguishers.
(2) Existing places of
worship shall not be subject to requirements for places of assembly
to install sprinklers in the sanctuary or in other
areas unless the state fire marshal, or official in
the office of the state fire marshal designated by the
state fire marshal in the capacity of the
authority having jurisdiction, shall determine: (i) that in the absence of sprinklers, there would be
a serious threat to life as a result of conditions
specific to those areas in the place of worship; or
(ii) that the kitchen of the place of worship is used
for cooking food for more than two (2) hours
per week as an annual average, in which case a
requirement may be imposed for automatic fire
suppression system in the kitchen. The code
requirements applicable to the place of worship shall
be deemed satisfactory purposes of the use of the
place of worship or areas thereof by community
members and groups and nonprofit organizations;
provided, however, that the use of the place of
worship or a portion thereof for an occupancy for a
commercial purpose or for the regular
conduct of an activity or function that requires licensure
by the state may be subject to code
requirements for that occupancy.
(c)(d)
The Fire Safety Code Board of Appeal and Review shall establish a timetable for
existing places of worship to comply with the
requirements adopted pursuant to subsection (b)(c)
of this section, which compliance timetable shall
commence not sooner than January 1, 2008 and
may extend beyond July 1, 2008.
(d)(e)
The Fire Safety Code Board of Appeal and Review and the state fire marshal
shall
in establishing, interpreting, administering and
enforcing code requirements pertaining to this
subcategory satisfy reasonable requirements for life
safety in a manner that does not cause
disproportionate effort or expense and that allows for
continued occupancy as places of worship
in buildings and structures where worship is a
historic use, provided that any condition that
represents a serious threat to life is mitigated by
application of appropriate safeguards, and in so
doing, shall give due consideration in applying the
provisions of this paragraph to occupancies
that normally are used by gatherings of less than
fifty (50) persons.
SECTION
25. Sections 23-34.1-2, 23-34.1-4 and 23-34.1-16 of the General Laws in
Chapter 23-34.1 entitled
"Amusement Ride Safety Act" are hereby amended to read as follows:
23-34.1-2.
Purpose. -- (1) The purpose of this chapter is to guard against
personal
injuries in the assembly, disassembly, and use of
amusement devices, amusement attractions, and
temporary structures at public fairs and expositions,
carnivals, festivals, celebrations, bazaars, and
permanent facilities. Such devices, attractions, and
structures shall be designed, constructed,
assembled or disassembled, maintained, and operated so
as to prevent such injuries.
23-34.1-4.
Inspection registration seal. -- No amusement ride or device shall be
placed
in service unless an inspection registration seal of
the commissioner is affixed to it by the
administrator or his or her agent. The inspection
registration seal shall contain:
(1) The name of the
owner of the ride;
(2) The serial number
of the ride;
(3) The year of
manufacture;
(4) The identification
number established by the commissioner or his or her designee;
(5) The name of the
manufacturer; and
(6) The current yearly
inspection sticker. ; and
(7) [Deleted by P.L.
2002, ch. 317, section 1.]
23-34.1-16.
Exemption -- Bazaars, fairs and circuses. -- (a) Bazaars, fairs,
and circuses
shall not be inspected under these regulations unless,
and only to the extent that such bazaars,
fairs and circuses have amusement rides or devices
associated with them. When a bazaar, fair or
circus contains any amusement ride or device, the
provisions of this chapter concerning carnivals
shall apply.
SECTION
26. Sections 23-60-2 and 23-60-5 of the General Laws in Chapter 23-60
entitled "Battery
Deposit and Control" are hereby amended to read as follows:
23-60-2.
Definitions. -- As used in this chapter:
(1)
"Consumer" means an individual who purchases a vehicle battery for
use,
consumption, or any use other than resale;
(2) "Dealer"
means every person in this state who engages in the sale of vehicle
batteries;
(3)
"Director" means the director of the department of environmental
management;
(4)
"Distributor" means every person who engages in the sale of vehicle
batteries to a
dealer in this state including any manufacturer who
engages in such sales;
(5)
"Manufacturer" means a person who manufactures vehicle batteries;
(6) "Person"
means any person, firm, partnership, association, corporation, or
organization of any kind whatsoever;
(7) [Deleted by P.L.
2000, ch. 179, section 1._;
(8)(7)"Vehicle"
means every vehicle which is self-propelled and designed for carrying
persons or property or which is used for the
transportation of persons, including, but not limited
to, buses, automobiles, truck, boats, motorcycles,
farm, lawn and garden equipment, and
snowmobiles;
(9)(8)
"Vehicle battery" means batteries used in any vehicle, or of a
capacity of six (6)
volts or more, and of one hundred fifty (150) pounds
or less in weight, and like batteries in
stationary uses.
23-60-5.
Distributor acceptance -- Reimbursement by distributor. -- (a) A
distributor
or manufacturer shall not refuse to accept from any
dealer any used vehicle battery in reasonably
clean and substantially unbroken condition of the kind,
size, and brand sold by the distributor or
manufacturer.
(b) [Deleted by P.L.
2000, ch. 179, section 1.]
(c)(b)
Whenever a dealer or group of dealers receives a shipment or consignment of, or
in any manner acquires, vehicle batteries outside
Island, the dealer or dealers shall comply with this
chapter as if they were distributors, as well as
dealers.
SECTION
27. Section 23-60.1-2 of the General Laws in Chapter 23-60.1 entitled "Dry
Cell Battery Control"
is hereby amended to read as follows:
23-60.1-2.
Definitions. -- As used in this chapter:
(1)
"Alkaline-manganese battery" means any dry cell battery containing
manganese
dioxide and zinc electrodes and an alkaline electrolyte.
(2) [Deleted by P.L.
2000, ch. 179, section 1.]
(3) [Deleted by P.L.
2000, ch. 179, section 1.]
(4) [Deleted by P.L.
2000, ch. 179, section 1.]
(5)(2)
"Dry cell battery" means all batteries in which the electrolyte is
absorbed, gelled,
or solidified such that the electrolyte is not a
free-standing body of liquid. Dry cell batteries do
not include vehicle batteries as defined by section
23-60-2.
(6)(3)
"Lead-acid dry cell battery" means a battery containing a lead-acid system,
generally used in rechargeable consumer products, and
weighing less than twenty-five (25)
pounds.
(7) [Deleted by P.L.
2000, ch. 179, section 1.]
(8)(4)
"Mercuric-oxide battery" means a dry cell battery containing zinc and
mercuric
oxide electrodes and used both in household and
non-household, often medical, applications.
(9)(5)
"Nickel-cadmium battery" means any dry cell battery containing
cadmium and
nickel electrodes and an alkaline electrolyte.
(10) [Deleted by
P.L. 2000, ch. 179, section 1.]
(11) [Deleted by
P.L. 2000, ch. 179, section 1.]
(12) [Deleted by
P.L. 2000, ch. 179, section 1.]
(13) [Deleted by
P.L. 2000, ch. 179, section 1.]
SECTION
28. Section 23-64.1-2 of the General Laws in Chapter 23-64.1 entitled
"Commission for Health
Advocacy and Equity" is hereby amended to read as follows:
23-64.1-2.
Definitions. -- As used in this chapter, the following words and
phrases have
the following meanings:
(1) “Commission”
means the commission of health advocacy and equity; formerly
entitled the minority health advisory committee.
(1)(2)
"Community-based health agency" means an organization that provides
health
services or health education, including a hospital, a
community health center, a community
mental health or substance abuse center, and other
health-related organizations.
(2)(3)
"Community-based health and wellness organization" means any
organization,
whether for-profit or not-for-profit that provides
services that support the health and well-being of
Rhode Islanders.
(3)"Disparities" means the preventable inequalities in health status,
including the
incidence, prevalence, mortality, and burden of
diseases and other adverse health conditions that
exist among population groups in
of health which include, but are not limited to,
access to services, quality of services, health
behaviors, and environmental exposures.
(4) "Community health
worker" means any individual who assists and coordinates
services between providers of health services,
community services, social agencies for vulnerable
populations. Community health workers provide support
and assist in navigating the health and
social services system.
(5)
"Commission" means the commission of health advocacy and equity;
formerly
entitled the minority health advisory committee.
(5) “Disparities”
means the preventable inequalities in health status, including the
incidence, prevalence, mortality, and burden of
diseases and other adverse health conditions that
exist among population groups in
of health which include, but are not limited to,
access to services, quality of services, health
behaviors, and environmental exposures.
SECTION
29. Section 23-65-1 of the General Laws in Chapter 23-65 entitled "Board
of
Certification of Operators
of Public Water Supply Facilities" is hereby amended to read as
follows:
23-65-1.
Definitions. -- As used in this chapter:
(1) "Assistant
superintendent" means the individual who is an operator who is
responsible for the management, operation, and
maintenance of a water supply treatment facility
or water transmission and distribution system in the
absence of the superintendent and who shall
have a certificate appropriate to the type and grade
of the water treatment facility or water
transmission and distribution system. Water system
officials not working at the water system
treatment facilities or transmission or distribution
system, as further defined through the
development and establishment of the board's rules and
regulations, are not covered by this
section.
(2) "Board" means
the board of certification established by section 23-65-2.
(3)
"Certificate" means a certificate of competency issued by the
director to an individual
to operate one or more specified classes of public
water supply facilities.
(4) "Community
water supply" means any public water supply which served at least
fifteen (15) service connections used by year-round
residents or regularly serves at least twenty-
five (25) year-round residents.
(5)
"Director" means the director of the department of health or a
subordinate to whom
the director has assigned his or her functions.
(6) "Groundwater
under the direct influence of surface water" means any water beneath
the surface of the ground with (i)
significant occurrence of insects or other microorganisms,
algae, or large diameter pathogens such as Giardia Iamblia, or (ii)
significant and relatively rapid
shifts in water characteristics such as turbidity,
temperature, conductivity, or PH which closely
correlate to climatological
or surface water conditions.
(7) “Non-community
non-transient water system” means a non-community water system
that regularly services at least twenty-five (25) of
the same persons over six (6) months per year.
(8) “Non-community
water system” means a public water system that is not a community
water system.
(7)(9)
"Operator" means an individual whose routine job duties involve
performing
operational activities or making decisions regarding
the daily operational activities of a public
water system, water treatment facility and/or
transmission and distribution system, that may
directly impact the quality and/or quantity of
drinking water. Operator does not apply to an
official exercising only general administrative
supervision or engineering design duties, such as
the city engineer or an elected water commissioner, or
clerical or administrative workers involved
only in activities such as customer relations,
billing, payroll, time keeping, etc.
(8)(10)
"Person" means any individual, partnership, firm, association, joint
venture,
public or private corporation, trust estate,
commission, board, public or private institution, utility,
cooperative, municipality or any other political
subdivision of this state, any interstate body, or
any other legal entity.
(9)(11)
"Public water supply" means a system for the provisions of the public
of piped
water for human consumption, if such system has at
least fifteen (15) service connections or
regularly serves at least twenty-five (25) individuals
daily at least sixty (60) days out of the year.
(10)(12)
"Superintendent" means the individual who is an operator who is
directly
responsible for the management, operation, and
maintenance of a water supply treatment facility
or water transmission and distribution system during
all working shifts and who shall hold a
certificate appropriate to the type and grade of the
water treatment facility or water transmission
and distribution system.
(11)(13)
"Transmission and distribution system" means a network of pipes that
transports, distributes, and delivers water from a
water treatment facility or well(s) to water
system customers.
(12)(14)
"Water supply treatment facility" means an arrangement of devices and
structures constructed and/or installed for the
purpose of treatment of water supply.
(13)"Non-community water system" means a public water system that is
not a
community water system.
(14)
"Non-community non-transient water system" means a non-community
water
system that regularly services at least twenty five
(25) of the same persons over six (6) months
per year.
SECTION
30. Section 23-82-3 of the General Laws in Chapter 23-82 entitled
"Implementation of the
Regional Greenhouse Gas Initiative Act" is hereby amended to read as
follows:
23-82-3.
Definitions. -- As used in this chapter:
(1)
"Allowance" means an authorization to emit a fixed amount of carbon
dioxide;
(2) “Council” means
the energy efficiency and resources management council;
(2)(3)
"Department" means department of environmental management;
(3) "Regional
greenhouse gas initiative" or "RGGI" means the memorandum of
understanding (MOU) dated December 20, 2005, as may be
amended, and corresponding model
rule, as may be amended, that establishes an electric
power sector carbon emissions cap and trade
program.
(4) "Office"
means the office of energy resources; and
(5) “Regional
greenhouse gas initiative” or “RGGI” means the memorandum of
understanding (MOU) dated December 20, 2005, as may be
amended, and corresponding model
rule, as may be amended, that establishes an electric
power sector carbon emissions cap and trade
program.
(5)
"Council" means the energy efficiency and resources management
council.
SECTION
31. Section 23-83-2 of the General Laws in Chapter 23-83 entitled "The
Umbilical Cord Blood
Donation Notification Act" is hereby amended to read as follows:
23-83-2.
Definitions. -- As used in this chapter, the following terms are
defined as
follows:
(1) "Umbilical
cord blood" is the blood that remains in the umbilical cord and placenta
after the birth of a newborn child.
(2) "Public
cord blood bank" is a bank that maintains a supply of unrelated cord blood
units that are philanthropically donated for
transplantation or research purposes. This bank may
also store a limited number of units for autologous or family use when a disease that is treatable
by cord blood transplantation is known to exist within
the donor's family.
(3) "Private
cord blood bank" is a bank that for a fee stores cord blood units for
autologous or family use.
(4)(1)
"Mixed bank" is a bank that maintains a supply of unrelated cord
blood units
philanthropically donated by transplantation or
research purposes to unrelated recipients and also
for a fee stores cord blood for autologous
use and use by family members.
(5)(2)
"Obstetrical professional or facility" is licensed health care
providers, including,
but not limited to, hospitals, birthing centers,
health clinics, midwives, obstetricians and other
physicians who provide obstetrical services.
(3) "Private
cord blood bank" is a bank that for a fee stores cord blood units for
autologous or family use.
(4) "Public cord
blood bank" is a bank that maintains a supply of unrelated cord blood
units that are philanthropically donated for
transplantation or research purposes. This bank may
also store a limited number of units for autologous or family use when a disease that is treatable
by cord blood transplantation is known to exist within
the donor's family.
(5) "Umbilical
cord blood" is the blood that remains in the umbilical cord and placenta
after the birth of a newborn child.
SECTION
32. Sections 24-8-15 and 24-8-26 of the General Laws in Chapter 24-8
entitled "Construction
and Maintenance of State Roads" are hereby amended to read as follows:
24-8-15. Snow and
ice removal -- Notice of defects. -- (a) Every town or city shall at
its
own expense keep state roads within its limits,
respectively, sufficiently clear of snow and ice so
the roads shall be reasonably safe for travel as now
required by law, and shall at once notify in
writing the director of transportation or his or her
employees of any defect or want of repair of
state roads within its limits.
(b) (1) [Deleted by
P.L. 2005, ch. 195, section 1 and P.L. 2005, ch. 200, section 1.]
(2)(1)
All storage piles or areas where road de-icing agents are stored within the
watershed shall be adequately covered and stored on an
impervious base to mitigate runoff
impacts to ground and surface waters. The director of
the department of transportation shall
ensure where funds allow, that all drivers, loaders
and handlers of de-icing agents within any
watershed participate in training sessions in the
proper application and control of road de-icing
agents; that de-icing vehicles, wherever feasible,
operating within the
equipped with sensor devices to control the spread
rate of de-icing materials in relation to the
speed of the vehicle.
(3)(2)
For purposes of this section the "
area into the Scituate Reservoir -- an area of some
92.8 square miles in the towns of
Johnston, Foster, Glocester,
and
drainage patterns acts as a collector of rain waters
which replenish or regorge existing public
drinking water supplies in the Scituate Reservoir.
24-8-26. Removal
of snow and ice from bridges -- Notice of defects. -- (a) Every town
or city in which any bridge is located, which shall be
maintained by the state under the provisions
of this chapter, shall at its own expense keep the
bridge within its limits sufficiently clear of snow
and ice so that the bridge shall be reasonably safe
for traveling, and shall at once notify in writing
the director of transportation or the director's
employees of any defect or want of repair in the
bridge. The director of transportation shall upon the
receipt of the information notify any public
utility using the bridge of the defect or want of repair.
(b) [Deleted by P.L.
2005, ch. 195, section 1 and P.L. 2005, ch. 200, section 1.]
(c)(b)
All storage piles or areas where road de-icing agents are stored within the
watershed shall be adequately covered and stored on an
impervious base to mitigate runoff
impacts to ground and surface waters. The director of
the department of transportation shall
ensure where funds allow, that all drivers, loaders,
and handlers of de-icing agents within any
watershed participate in training sessions in the
proper application and control of road de-icing
agents; that de-icing vehicles, wherever feasible,
operating within the
equipped with sensor devices to control the spread
rate of de-icing materials in relation to the
speed of the vehicle.
(d)(c)
For purposes of this section the "
area into the Scituate Reservoir -- an area of some
92.8 square miles in the towns of
Johnston, Foster, Glocester,
and
drainage patterns acts as a collector of rain waters
which replenish or regorge existing public
drinking water supplies in the Scituate Reservoir.
SECTION
33. Section 24-12-37 of the General Laws in Chapter 24-12 entitled "Rhode
24-12-37. Penalty
for nonpayment of toll -- Toll Violators. -- (a) Any person who fails
or refuses to pay or prepay the required toll shall be
required to pay the toll amount and an
administrative fee of six dollars ($6.00) within
thirty (30) days of issuance of the notice of
violation.
(b) Any person who
fails to pay the due toll amount and the administrative fee within
thirty (30) days of the issuance of the notice of the
violation shall be punished by a fine of eighty-
five dollars ($85.00) and may have his or her drivers
license suspended pursuant to section 31-
41.1-6 for a period not to exceed thirty (30) days for
the violation. Toll violators, who fail to pay
the due toll amount and the administrative fee within
thirty (30) days of the issuance of the notice
of the violation shall receive a traffic violation
summons which shall be subject to the jurisdiction
of the Traffic Tribunal. The toll amount, and
administrative fee due under this subsection shall be
remitted to the Rhode Island Turnpike and Bridge
Authority.
(c) "Toll
Violator" means, for the purposes of this section, any person who uses any
project and fails to pay the required toll and accepts
an Unpaid Toll Invoice from the Authority.
(2)(1)
The authority shall promulgate appropriate rules and regulations to ensure the
proper administration of the provisions of this
section.
(3)(2)
For the purposes of this section only, "person" means the registered
owner, driver,
rentee or lessee of a motor vehicle.
(4)(3) It
is unlawful for any person or business, other than an authorized representative
of the authority: (i) to
sell, offer for sale or attempt to sell tokens, tickets, passes or other
evidences of payment issued for passage on any project
of the authority, including but not limited
to, the
authority providing for a reduced rate of toll based
upon frequency of use of the project, volume
of tokens, passes or other evidences of payment
purchased, or method of payment for the toll; or
(ii) to sell, offer for sale, or attempt to sell
tokens, passes or other evidences of payment issued for
passage on any project of the authority, including but
not limited to, the
a profit. Any person or business who is found in violation
of this subsection shall be punished, for
each offense, by a fine of not more than five hundred
dollars ($500).
SECTION
34. Section 24-15-2 of the General Laws in Chapter 24-15 entitled "Scenic
Highways" is hereby
amended to read as follows:
24-15-2.
Definitions. -- As used in this chapter:
(1) "Board"
means the scenic roadways board.
(2) [Deleted by P.L.
2005, ch. 228, section 1 and P.L. 2005, ch. 315, section 1_.
(3)(2)
"Director" means the director of the department of transportation.
(4)(3)
"Municipality" means a city or town.
SECTION
35. Section 42-26-6 of the General Laws in Chapter 42-26 entitled "Rhode
42-26-6. Criminal
justice policy board -- Appointment of members. -- The criminal
justice policy board shall consist of:
(1) The attorney
general;
(2) The superintendent
of the state police and director of the department of public safety;
(3) The public defender;
(4) The director of the
department of corrections;
(5) The director of the
department of human services;
(6) The director of
the department of mental health, retardation, and hospitals; The
director of the department of behavioral healthcare,
developmental disabilities and hospitals;
(7) The chairperson
of the state board of governors for higher education; The chairperson
of the state board of regents;
(8) The director of the
department of children, youth, and families;
(9) The chief justice
of the family court;
(10) The president of
the Rhode Island Police Chiefs Association;
(11) One police chief
selected by the Rhode Island Police Chiefs Association;
(12) The chief justice of
the Rhode Island Supreme Court;
(13) The presiding
justice of the superior court;
(14) The chief judge of
the district court;
(15) Seven (7) members
of the general assembly; four (4) from the house of
representatives, at least one of whom shall be a
member of the minority, to be appointed by the
speaker, and three (3) from the senate, at least one
of whom shall be a member of the minority, to
be appointed by the president of the senate;
(16) The executive
director of the Rhode Island League of Cities and Towns;
(17) The director of
health;
(18) The director of
the division of fire safety;
(19) One university or
college faculty member with a research background in criminal
justice appointed by the governor;
(20) Four (4) citizens
appointed by the governor;
(21) Three (3)
representatives appointed by the governor from community service
organizations.
SECTION
36. Section 21-28-2.08 of the General Laws in Chapter 21-28 entitled
"Uniform Controlled
Substances Act" is hereby amended to read as follows:
21-28-2.08.
Contents of schedules. -- Schedule I
(a) Schedule I shall
consist of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name
designated, listed in this section.
(b) Opiates. - Unless
specifically excepted or unless listed in another schedule, any of
the following opiates, including its isomers, esters,
ethers, salts, and salts of isomers, esters, and
ethers whenever the existence of the isomers, esters,
ethers, and salts is possible within the
specific chemical designation:
(1) Acetylmethadol
(2) Allylprodine
(3) Alphacetylmethadol
(4) Alphameprodine
(5) Alphamethadol
(6) Benzethidine
(7) Betacetylmethadol
(8) Betameprodine
(9) Betamethadol
(10) Betaprodine
(11) Clonitazene
(12) Dextromoramide
(13) Difenoxin
(14) Diampromide
(15) Diethylthiambutene
(16) Dimenoxadol
(17) Dimepheptanol
(18) Dimethylthiambutene
(19) Dioxaphetyl butyrate
(20) Dipipanone
(21) Ethylmethylthiambutene
(22) Etonitazene
(23) Extoxerdine
(24) Furethidine
(25) Hydroxypethidine
(26) Ketobemidone
(27) Levomoramide
(28) Levophenacylmorphan
(29) Morpheridine
(30) Noracymethadol
(31) Norlevorphanol
(32) Normethadone
(33) Norpipanone
(34) Phenadoxone
(35) Phenampromide
(36) Phenomorphan
(37) Phenoperidine
(38) Piritramide
(39) Proheptazine
(40) Properidine
(41) Propiram
(42) Racemoramide
(43) Trimeperidone
(44) Tilidine
(45) Alpha-methylfentanyl
(46) Beta-hydroxy-3-methylfentanyl
other names:
N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl] Nphenylpropanamide
(c) Opium Derivatives.
- Unless specifically excepted or unless listed in another
schedule, any of the following opium derivatives, its
salts, isomers, and salts of isomers whenever
the existence of the salts, isomers, and salts of
isomers is possible within the specific chemical
designation:
(1) Acetorphine
(2) Acetyldihydrocodeine
(3) Benzylmorphine
(4) Codeine methylbromide
(5) Codeine-N-Oxide
(6) Cyprenorphine
(7) Desomorphine
(8) Dihydromorphine
(9) Etorphine
(Except hydrochloride salt)
(10) Heroin
(11) Hydromorphinol
(12) Methyldesorphine
(13) Methylihydromorphine
(14) Morphine methylbromide
(15) Morphine methylsulfonate
(16) Morphine-N-Oxide
(17) Myrophine
(18) Nococodeine
(19) Nicomorphine
(20) Normorphine
(21) Pholcodine
(22) Thebacon
(23) Drotebanol
(d) Hallucinogenic
Substances. - Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or
preparation, which contains any quantity of the
following hallucinogenic substances, or which contains
any of its salts, isomers, and salts of
isomers whenever the existence of the salts, isomers,
and salts of isomers is possible within the
specific chemical designation (for purposes of this
subsection only, the term "isomer" includes
the optical, position, and geometric isomers):
(1) 3, 4-methylenedioxy
amphetamine
(2) 5-methoxy-3,
4-methylenedioxy amphetamine
(3) 3, 4, 5-trimethoxy
amphetamine
(4) Bufotenine
(5) Diethyltryptamine
(6) Dimethyltryptamine
(7) 4-methyl 2, 5-dimethoxyamphetamine
(8) Ibogaine
(9) Lysergic acid
diethylamide
(10) Marihuana
(11) Mescaline
(12) Peyote. Meaning
all parts of the plant presently classified botanically as
Lophophora Williamsii Lemair whether growing or not; the seeds of the plant; any
extract from
any part of the plant; and any compound, manufacture,
salt, derivative, mixture, or preparation of
the plant, its seeds or extracts.
(13)
N-ethyl-3-piperidyl benzilate
(14) N-methyl-3-piperidyl
benzilate
(15) Psilocybin
(16) Psilocyn
(17) Tetrahydrocannabinols. Synthetic equivalents of the
substances contained in the
plant, or in the resinous extractives of Cannabis, sp.
and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and
pharmacological activity such as the following:
delta 1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans
tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol
and
its optical isomer. (Since nomenclature of these
substances is not internationally standardized,
compounds of these structures, regardless of numerical
designation of atomic positions covered).
(18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2-
Thienyl analog of phencyclidine: TPCP
(19) 2,5 dimethoxyamphetamine
(20)
4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha-
methylphenethyamine: 4-bromo-2,5-DMA
(21)
4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine:
paramethoxyamphetamine: PMA
(22) Ethylamine analog
of phencyclidine. N-ethyl-1- phenylcyclohexylamine,
(1-
phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE
(23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)- pyrrolidine PCPy, PHP
(24) Parahexyl; some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-
6,6,9-trimethyl-6H-dibenz o (b,d)
pyran: Synhexyl.
(e) Depressants. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which
contains any quantity of the following
substances having a depressant effect on the central
nervous system, including its salts, isomers,
and salts of isomers whenever the existence of the
salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) 3-methyl fentanyl (n-( ethyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide.
(4)
3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional and
geometric isomers, salts, and salts of isomers.
(5)
1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts and
salts of isomers.
(6)
1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers,
salts
and salts of isomers.
(7)
N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide
(acetyl-alpha-
methylfentanyl), its optical isomers, salts and salts of isomers.
(8)
N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami
de (alpha-
methylthiofentanyl), its optical isomers, salts and salts of isomers.
(9)
N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers,
salts and salts of isomers.
(10)
N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid
e (beta-
hydroxyfentanyl), its optical isomers, salts and salts of isomers.
(11)
N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro
panamide (beta-
hydroxy-3-methylfentanyl), its optical and geometric
isomers, salts and salts of isomers.
(12)
N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro-
panamide (3-
methylthiofentanyl), its optical and geometric isomers, salts and salts
of isomers.
(13)
N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide
(thenylfentanyl), its
optical isomers, salts and salts of isomers.
(14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide
(thiofentanyl), its optical
isomers, salts and salts of isomers.
(15)
N-[1-(2-phenylethyl)-4-piperidyl]N-(4-fluorophenyl)-propanamid
e (para-
fluorofentanyl), its optical isomers, salts and salts of isomers.
(16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position,
or
geometric isomers, salts and salts of isomers.
(f) Stimulants. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which
contains any quantity of the following
substances having a stimulant effect on the central
nervous system, including its salts, isomers,
and salts of isomers:
(1) Fenethylline
(2) N-ethylamphetamine
(3) 4-methyl-N-methylcathinone
(Other name: mephedrone)
(4)
3,4-methylenedioxy-N-methlycathinone (Other name: methylone)
(5)
3,4-methylenedioxypyrovalerone (Other name: MDPV)
(g) Any material,
compound, mixture or preparation which contains any quantity of the
following substances:
(1)
5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497)
(2)
5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol
and CP-47,497 c8 homologue)
(3)1-Butyl-3-(1 naphthoyl)indole, (JWH-073)
(4)
1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200)
(5)
1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678)
Schedule II
(a) Schedule II shall
consist of the drugs and other substances, by whatever official
name, common or usual name, chemical name, or brand
name designated, listed in this section.
(b) Substances,
vegetable origin or chemical synthesis. - Unless specifically excepted or
unless listed in another schedule, any of the
following substances whether produced directly or
indirectly by extraction from substances of vegetable
origin, or independently by means of
chemical synthesis, or by a combination of extraction
and chemical synthesis:
(1) Opium and opiate, and
any salt, compound, derivative, or preparation of opium or
opiate excluding naloxone
and its salts, and excluding naltrexone and its
salts, but including the
following:
(i)
Raw opium
(ii) Opium extracts
(iii) Opium fluid
extracts
(iv) Powdered opium
(v) Granulated opium
(vi) Tincture of opium
(vii) Etorphine hydrochloride
(viii) Codeine
(ix) Ethylmorphine
(x) Hydrocodone
(xi) Hydromorphone
(xii) Metopon
(xiii) Morphine
(xiv) Oxycodone
(xv) Oxymorphone
(xvi) Thebaine
(2) Any salt, compound,
derivative, or preparation which is chemically equivalent or
identical with any of the substances referred to in
subdivision (1) of this subsection, except that
these substances shall not include the isoquinoline alkaloids of opium.
(3) Opium poppy and
poppy straw.
(4) Coca leaves and any
salt, compound, derivative, or preparation of coca leaves, and
any salt, compound, derivative, or preparation which is
chemically equivalent or identical with
any of these substances, except that the substances
shall not include decocainized coca leaves or
extraction of coca leaves, which extractions do not
contain cocaine or ecgonine.
(5) Concentrate of poppy
straw (the crude extract of poppy straw in liquid, solid, or
powder form which contains the phenanthrine
alkaloids of the opium poppy).
(c) Opiates. - Unless
specifically excepted or unless listed in another schedule any of the
following opiates, including its isomers, esters,
ethers, salts; and salts of isomers, esters and,
ethers whenever the existence of the isomers, esters,
ethers, and salts is possible within the
specific chemical designation:
(1) Alphaprodine
(2) Anileridine
(3) Bezitramide
(4) Dihydrocodeine
(5) Diphenoxylate
(6) Fentanyl
(7) Isomethadone
(8) Levomethorphan
(9) Levorphanol
(10) Metazocine
(11) Methadone
(12)
Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane
(13) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic
acid
(14) Pethidine
(15) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine
(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate
(17) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid
(18) Phenaxocine
(19) Piminodine
(20) Racemethorphan
(21) Racemorphan
(22) Bulk Dextropropoxyphene (non-dosage forms)
(23) Suffentanil
(24) Alfentanil
(25) Levoalphacetylmethadol
(d) Stimulants. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains
any quantity of the following
substances having a stimulant effect on the central
nervous system:
(1) Amphetamine, its
salts, optical isomers, and salts of its optical isomers.
(2) Methamphetamine,
its salts and salts of its isomers.
(3) Phenmetrazine
and its salts.
(4) Methylphenidate.
(e) Depressants. -
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which
contains any quantity of the following
substances having a depressant effect on the central
nervous system, including its salts, isomers,
and salts of isomers whenever the existence of the
salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Amobarbital
(2) Glutethimide
(3) Methyprylon
(4) Pentobarbital
(5) Phencyclidine
(6) Secobarbital
(7) Phencyclidine
immediate precursors:
(i)
1-phencyclohexylamine
(ii)
1-piperidinocyclohexane-carbonitrile (PCC)
(8) Immediate precursor
to amphetamine and methamphetamine: Phenylacetone.
Some
other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone.
Schedule III
(a) Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any
quantity of the following substances
having a depressant effect on the central nervous
system:
(1) Any substance which
contains any quantity of a derivative of barbituric acid,
or any
salt of a derivative of barbituric
acid.
(2) Chlorhexadol
(3) Lysergic acid
(4) Lysergic acid amide
(5) Sulfondiethylmethane
(6) Sulfonethylmethane
(7) Sylfonmethane
(8) Any compound,
mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of them and one or more
other active medicinal ingredients which are
not listed in any schedule.
(9) Any suppository
dosage form containing amobarbital, secobarbital, pentobarbital or
any salt of any of these drugs and approved by the
Food and Drug Administration for marketing
only as a suppository.
(10) Ketamine, its salts, isomers and salts of isomers. (Some
other names for ketamine:
(+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).
(b) Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited
quantities of any of the following narcotic
drugs, or any salts of them:
(1) Not more than one
and eight tenths grams (1.8 gms.) of codeine per one
hundred
milliliters (100 mls.) or
not more than ninety milligrams (90 mgs.) per dosage unit, with an equal
or greater quantity of an isoquinoline
alkaloid of opium.
(2) Not more than one
and eight tenths grams (1.8 gms.) of codeine per one
hundred
milliliters (100 mls.) or
not more than ninety milligrams (90 mgs.) per dosage unit, with one or
more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(3) Not more than three
hundred milligrams (300 mgs.) of dihydrocodeinone per
one
hundred milliliters (100 mls.)
or not more than fifteen milligrams (15 mgs.) per dosage unit, with
a fourfold or greater quantity of an isoquinoline alkaloid of opium.
(4) Not more than three
hundred milligrams (300 mgs.) of dihydrocodeinone per
one
hundred milliliters (100 mls.)
or not more than fifteen milligrams (15 mgs.) per dosage unit, with
one or more active nonnarcotic
ingredients in recognized therapeutic amounts.
(5) Not more than one
and eight tenths grams (1.8 gms.) of dihydrocodeine per one
hundred milliliters (100 mls.)
or not more than ninety milligrams (90 mgs.) per dosage unit, with
one or more active nonnarcotic
ingredients in recognized therapeutic amounts.
(6) Not more than three
hundred milligrams (300 mgs.) of ethylmorphine per
one
hundred milliliters (100 mls.)
or not more than fifteen milligrams (15 mgs.) per dosage unit, with
one or more active nonnarcotic
ingredients in recognized therapeutic amounts.
(7) Not more than five
hundred milligrams (500 mgs.) of opium per one hundred
milliliters (100 mls.) or
per one hundred grams (100 gms.) or not more than
twenty-five
milligrams (25 mgs.) per dosage unit, with one or more
active nonnarcotic ingredients in
recognized therapeutic amounts.
(8) Not more than fifty
milligrams (50 mgs.) of morphine per one hundred milliliters
(100 mls.) per one hundred
grams (100 gms.) with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
(c) Stimulants. -
Unless specifically excepted or listed in another schedule, any material,
compound, mixture, or preparation which contains any
quantity of the following substances
having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of
the isomers whenever the existence of the salts of
isomers is possible within the specific chemical
designation:
(1) Benzphetamine
(2) Chlorphentermine
(3) Clortermine
(4) Mazindol
(5) Phendimetrazine
(d) Steroids and
hormones. - Anabolic steroids (AS) or human growth hormone (HGH),
excluding those compounds, mixtures, or preparations
containing an anabolic steroid that because
of its concentration, preparation, mixture or delivery
system, has no significant potential for
abuse, as published in 21 CFR 1308.34, including, but
not limited to, the following:
(1) Chlorionic
gonadotropin
(2) Clostebol
(3) Dehydrochlormethyltestosterone
(4) Ethylestrenol
(5) Fluoxymesterone
(6) Mesterolone
(7) Metenolone
(8) Methandienone
(9) Methandrostenolone
(10) Methyltestosterone
(11) Nandrolone decanoate
(12) Nandrolone phenpropionate
(13) Norethandrolone
(14) Oxandrolone
(15) Oxymesterone
(16) Oxymetholone
(17) Stanozolol
(18) Testosterone
propionate
(19) Testosterone-like
related compounds
(20) Human Growth
Hormone (HGH)
(e) Hallucinogenic
substances.
(1) Dronabinol
(synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
U.S. Food and Drug Administration approved drug
product. (Some other names for dronabinol:
(6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9-
trimethyl-3-pentyl-6H- dibenzo[b,d]yra n-1-ol,or(-)-
delta-9(trans)-tetrahydrocannabinol.)
Schedule IV
(1) Barbital.
(2) Chloral betaine
(3) Chloral hydrate
(4) Ethchrovynol
(5) Ethinamate
(6) Methohexital
(7) Meprobamate
(8) Methylphenobarbital
(9) Paraldehyde
(10) Petrichloral
(11) Phenobarbital
(12) Fenfluramine
(13) Diethylpropion
(14) Phentermine
(15) Pemoline (including organometallic
complexes and chelates thereof).
(16) Chlordiazepoxide
(17) Clonazepam
(18) Clorazepate
(19) Diazepam
(20) Flurazepam
(21) Mebutamate
(22) Oxazepam
(23) Unless
specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any
quantity of the following substances,
including its salts:
Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-
methyl-2-
propronoxybutane).
(24) Prazepam
(25) Lorazepam
(26) Not more than one
milligram (1 mg.) of difenoxin and not less than
twenty-five (25)
micrograms of atropine sulfate per dosage unit.
(27) Pentazocine
(28) Pipradrol
(29) SPA
(-)-1-dimethylamino-1, 2-diphenylethane
(30) Temazepam
(31) Halazepam
(32) Alprazolam
(33) Bromazepam
(34) Camazepam
(35) Clobazam
(36) Clotiazepam
(37) Cloxazolam
(38) Delorazepam
(39) Estazolam
(40) Ethyl Ioflazepate
(41) Fludizaepam
(42) Flunitrazepam
(43) Haloxazolam
(44) Ketazolam
(45) Loprazolam
(46) Lormetazepam
(47) Medazepam
(48) Nimetazepam
(49) Nitrazepam
(50) Nordiazepam
(51) Oxazolam
(52) Pinazepam
(53) Tetrazepam
(54) Mazindol
(55) Triazolam
(56) Midazolam
(57) Quazepam
(58) Butorphanol
(59) Sibutramine
Schedule V
(a) Any compound,
mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one
or more non-narcotic active medicinal
ingredients in sufficient proportion to confer upon
the compound, mixture, or preparation
valuable medicinal qualities other than those
possessed by the narcotic drug alone:
(1) Not more than two
hundred milligrams (200 mgs.) of codeine per 100 milliliters (100
mls.) or per one hundred grams (100 gms.).
(2) Not more than one
hundred milligrams (100 mgs.) of dihydrocodeine per
100
milliliters (100 mls.) or
per one hundred grams (100 gms.).
(3) Not more than one
hundred milligrams (100 mgs.) of ethylmorphine per
100
milliliters (100 mls.) or
per one hundred grams (100 gms.).
(4) Not more than two
and five tenths milligrams (2.5 mgs.) of diphenixylate
and not less
than twenty-five (25) micrograms of atropine sulfate
per dosage unit.
(5) Not more than one
hundred milligrams (100 mgs.) of opium per one hundred
milliliters (100 mls.) or
per one hundred grams (100 gms.).
(b) Not more than five
tenths milligrams (0.5 mgs.) of difenoxin and not
less than
twenty-five (25) micrograms of atropine sulfate per
dosage unit.
(c) Buprenorphine
(d) Unless specifically
exempted or excluded or unless listed in another schedule, any
material, compound, mixture, or preparation which
contains any quantity of the following
substances having a stimulant effect on the central
nervous system, including its salts, isomers
and salts of isomers:
(1) Propylhexedrine
(except as benzedrex inhaler)
(2) Pyrovalerone.
SECTION
37. This act shall take effect upon passage.
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LC01317/SUB A/4
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