law22234

Chapter 234

2022 -- H 8248 SUBSTITUTE A
Enacted 06/28/2022

A N A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

Introduced By: Representatives Blazejewski, and Filippi

Date Introduced: May 12, 2022

It is enacted by the General Assembly as follows:

ARTICLE I--STATUTORY REENACTMENT

SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

Title 28 of the General Laws of Rhode Island, including every chapter and section therein

and any chapters and sections of Title 28 not included in this act may be, and are hereby, reenacted

as if fully set forth herein.

SECTION 2. Section 28-2-9 of the general laws in Chapter 28-2 entitled “Duty to Work in

Time of War” is hereby amended to read as follows:

28-2-9. Employment of personnel -- Assistance by other agencies.

The director of labor and training is authorized to appoint or employ any employees that

may be necessary, and to use any agencies that may be available and appropriate, to aid him or her

in carrying out the provisions of this chapter, and the director may delegate any and all of his or

her powers and duties prescribed by the provisions of this chapter to the division of employment

service workforce development services division.

SECTION 3. Section 28-3-12 of the general Laws in Chapter 28-3 entitled “Employment

of Women and Children” is hereby amended to read as follows:

28-3-12. Posting of hours and wage rates.

Every employer shall post, in one or more places in his or her the employer’s establishment

where it may be easily seen and read by all employees employed by him or her the employer, a

printed or typewritten notice stating the minimum rates of pay, including hourly rates, or piece rate

or both, as the case may be, which the employees are receiving for the various types of work

performed in the establishment, and the number of hours' work required of the person on each day

of the week, and the hours of commencing and stopping work. The employment of any minor for

a longer time in a period of twenty-four (24) consecutive hours than so stated shall be deemed a

violation of § 28-3-11. The provisions of §§ 28-3-11 -- 28-3-12 28-3-11, 28-3-11.1[Repealed], and

28-3-12 this section shall not be construed to impair any restriction placed upon the employment

of any child by the provisions of chapter 19 of title 16.

SECTION 4. Section 28-5-37 of the general Laws in Chapter 28-5 entitled “Fair

Employment Practices” is hereby amended to read as follows:

28-5-37. Posting of statutory provisions.

Every employer, employment agency, and labor union subject to this chapter shall post in

a conspicuous place or places on his or her the employer’s, employment agency’s or labor

union’s premises a notice to be prepared or approved by the commission, which shall set forth

excerpts of this chapter and any other relevant information which the commission deems necessary

to explain the chapter. Any employer, employment agency, or labor union refusing to comply with

the provisions of this section shall be punished by a fine of not less than one hundred dollars ($100)

nor more than five hundred dollars ($500).

SECTION 5. Section 28-6.5-1 of the General Laws in Chapter 28-6.5 entitled “Labor and

Labor Relations” is hereby amended to read as follows:

28-6.5-1. Testing permitted only in accordance with this section.

(a) No employer or agent of any employer shall, either orally or in writing, request, require,

or subject any employee to submit a sample of his or her urine, blood, or other bodily fluid or tissue

for testing as a condition of continued employment unless that test is administered in accordance

with the provisions of this section. Employers may require that an employee submit to a drug test

if:

(1) The employer has reasonable grounds to believe based on specific aspects of the

employee's job performance and specific contemporaneous documented observations, concerning

the employee's appearance, behavior or speech that the employee may be under the influence of a

controlled substance, which may be impairing his or her ability to perform his or her job;

(2) The employee provides the test sample in private, outside the presence of any person;

(3) Employees testing positive are not terminated on that basis, but are instead referred to

a substance abuse professional (a licensed physician with knowledge and clinical experience in the

diagnosis and treatment of drug related disorders, a licensed or certified psychologist, social

worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the

National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in

Rhode Island)) for assistance; provided, that additional testing may be required by the employer in

accordance with this referral, and an employee whose testing indicates any continued use of

controlled substances despite treatment may be terminated;

(4) Positive tests of urine, blood or any other bodily fluid or tissue are confirmed by a

federally certified laboratory by means of gas chromatography/mass spectrometry or technology

recognized as being at least as scientifically accurate;

(5) The employer provides the test to the employee, at the employer's expense, the

opportunity to have the sample tested or evaluated by an independent testing facility and so advises

the employee;

(6) The employer provides the test to the employee with a reasonable opportunity to rebut

or explain the results;

(7) The employer has promulgated a drug abuse prevention policy which complies with

requirements of this chapter; and

(8) The employer keeps the results of any test confidential, except for disclosing the results

of a "positive" test only to other employees with a job-related need to know, and to defend against

any legal action brought by the employee against the employer.

(b) Any employer who subjects any person employed by him or her to this test, or causes,

directly or indirectly, any employee to take the test, except as provided for by this chapter, shall be

guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or not

more than one year in jail, or both.

(1) Award punitive damages to a prevailing employee in addition to any award of actual

damages;

(2) Award reasonable attorney's fees and costs to a prevailing employee; and

(3) Afford injunctive relief against any employer who commits or proposes to commit a

violation of this section.

(d) Nothing in this chapter shall be construed to impair or affect the rights of individuals

under chapter 5 of this title.

(e) Nothing in this chapter shall be construed to:

(1) Prohibit or apply to the testing of drivers regulated under 49 C.F.R. § 40.1 et seq and

49 C.F.R. part 382 if that testing is performed pursuant to a policy mandated by the federal

government; or

(2) Prohibit an employer in the public utility or mass transportation industry from requiring

testing otherwise barred by this chapter if that testing is explicitly mandated by federal regulation

or statute as a condition for the continued receipt of federal funds.

(3) Prohibit an employer in the highway maintenance industry, which shall include the

construction, upkeep, maintenance and repair of the state's highways, roads and bridges including

the repaving or resurfacing of the same, from requiring testing otherwise barred by this chapter,

provided the testing is performed as regulated under 49 C.F.R. part 40.

(f) Notwithstanding the foregoing, this chapter shall not apply to members of the

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers and its

signatory contractors jointly participating in the IMPACT National Substance Abuse Program for

purposes of pre-qualifying workers for employment on and ensuring the maintenance of designated

drug free work sites; provided, however, that:

(1) Participation by each worker is voluntary; and

(2) Workers who refuse to participate shall not be subjected to any adverse employment

action other than an inability to work on a designated drug free work site; and

(3) The penalty for a first "positive" test shall not exceed a thirty (30) day suspension from

work on designated drug free work sites.

SECTION 6. Section 28-7-48 of the general Laws in chapter 28-48 entitled “Labor

Relations Act” is hereby amended to read as follows:

28-7-48. Prohibition against economic benefit to an unfair employer.

Except for state payments to health care providers pursuant to the medical assistance

program in chapter 8 of title 40 and the Rite RIte Start program in § 23-13-18 chapter 12.3 of title

42, the state of Rhode Island or any subsidiary or agency of the state shall not enter into any new

contracts with, or provide any new subsidiary, payment, service or state revenue bond money to,

nor make any favorable administrative ruling which might reasonably lead to the financial gain of,

any employer who has been found guilty of any unfair labor practice by an administrative law judge

of the national labor relations board for the duration of any strike by the employer's employees

SECTION 7. Section 28-9.2-11 of the General Laws in Chapter 28-9.2 entitled ‘Municipal

Police Arbitration” is hereby amended to read as follows:

28-9.2-11. Fees and expenses of arbitration.

Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent

and the corporate authorities. Notwithstanding any other remedies which that a court appointed an

arbitrator appointed by the chief justice pursuant to § 28-9.2-8 may have, the arbitrator or a party

who has paid its share of the fees and necessary expenses of a court appointed an arbitrator may

petition the superior court for sanctions against the party failing to make timely payment of its share

of the arbitrator's fees and expenses, and the superior court is authorized to enforce the sanctions

against the nonpaying party, including, but not limited to, contempt powers pursuant to § 8-6-1.

SECTION 8. Section 28-9.5-2 of the general laws in Chapter 28-9.5 entitled “State Police

Arbitration” is hereby amended to read as follows:

28-9.5-2. Statement of policy.

(a) The protection of the public health, safety, and welfare demands that the full-time state

police officers of the state of Rhode Island not be accorded the right to strike or engage in any work

stoppage or slowdown. This necessary prohibition does not require the denial to such these state

employees of other well recognized rights of labor, such as the right to organize, to be represented

by an organization of their choice, and the right to bargain collectively concerning wages, rates of

pay, and other terms and conditions of employment.

(b) It is declared to be the public policy of this state to accord to the full-time police officers

of the state all of the rights of labor other than the right to strike or engage in any work stoppage or

slowdown. To provide for the exercise of these rights, a method of arbitration of disputes is

established.

recognition by the state of compulsory arbitration as a superior method of settling labor disputes

between employees who possess the right to strike and their employers, but rather is a recognition

solely of the necessity to provide some alternative mode of settling disputes where employees must

as a matter of public policy be denied the usual right to strike.

SECTION 9. Section 28-9.7-2 of the General Laws in Chapter 28-9.7 entitled” Correctional

Officers Arbitration” is hereby amended to read as follows:

28-9.7-2. Statement of policy.

(a) The protection of the public health, safety and welfare demands that the full-time

correctional officers of the state of Rhode Island not be accorded the right to strike or engage in

any work stoppage or slowdown. This necessary prohibition does not, however, require the denial

to such state employees of other well recognized rights of labor, such as the right to organize, to be

represented by an organization of their choice, and the right to bargain collectively concerning

wages, rates of pay, and other terms and conditions of employment.

(b) It is hereby declared to be the public policy of this state to accord to the full-time

correctional officers of the state all of the rights of labor other than the right to strike or engage in

any work stoppage or slowdown. To provide for the exercise of these rights, a method of arbitration

of disputes is hereby established.

whatsoever, be deemed to be recognized by the state of compulsory arbitration as a superior

method of settling labor disputes between employees who possess the right to strike and their

employers, but rather shall be deemed to be a recognition solely of the necessity to provide some

alternative mode of settling disputes where employees must as a matter of public policy be denied

the usual right to strike.

SECTION 10. Section 28-12-4.3 of the General Laws in Chapter 28-12 entitled “Minimum

Wages” is hereby amended to read as follows:

28-12-4.3. Exemptions.

(a) The provisions of §§ 28-12-4.1 and 28-12-4.2 do not apply to the following employees:

(1) Any employee of a summer camp when it is open no more than six (6) months of the

year.

(2) Police officers.

(3) Employees of the state or political subdivision of the state who may elect through a

collective bargaining agreement, memorandum of understanding, or any other agreement between

the employer and representatives of the employees, or if the employees are not represented by an

exclusive bargaining agent, through an agreement or understanding arrived at between the

employer and the employee prior to the performance of work, to receive compensatory time off for

hours worked in excess of forty (40) in a week. The compensatory hours shall at least equal one

and one-half (1 1/2) times the hours worked over forty (40) in a week. If compensation is paid to

an employee for accrued compensatory time, the compensation shall be paid at the regular rate

earned by the employee at the time of payment. At the time of termination, unused accrued

compensatory time shall be paid at a rate not less than:

(i) The average regular rate received by the employee during the last three (3) years of the

employee's employment; or

(ii) The final regular rate received by the employee, whichever is higher.

(4) Any employee employed in a bona fide executive, administrative, or professional

capacity, as defined by the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., compensated

for services on a salary basis of not less than two hundred dollars ($200) per week.

(5) Any employee as defined in subsection (a)(4) of this section unless the wages of the

employee, if computed on an hourly basis, would violate the applicable minimum wage law.

(6) Any salaried employee of a nonprofit national voluntary health agency who elects to

receive compensatory time off for hours worked in excess of forty (40) hours per week.

(7) Any employee, including drivers, driver's helpers, mechanics, and loaders of any motor

carrier, including private carriers, with respect to whom the U.S. Secretary of Transportation has

power to establish qualifications and maximum hours of service pursuant to the provisions of 49

U.S.C. § 31502.

(8) Any employee who is a salesperson, parts person, or mechanic primarily engaged in

the sale and/or servicing of automobiles, trucks, or farm implements, and is employed by a non-

manufacturing employer primarily engaged in the business of selling vehicles or farm implements

to ultimate purchasers, to the extent that the employers are exempt under the federal Wage-Hour

and Equal Pay Act, 29 U.S.C. § 201 et seq. and Fair Labor Standards Act of 1938, 29 U.S.C. §

213(b)(10); provided, that the employee's weekly, bi-weekly, or monthly actual earnings exceed an

amount equal to the employee's basic contractual hourly rate of pay times the number of hours

actually worked plus the employee's basic contractual hourly rate of pay times one-half (1/2) the

number of hours actually worked in excess of forty (40) hours per week.

(9) Any employee employed in agriculture; however, this exemption applies to all

agricultural enterprises that produce greenhouse crops, fruit and vegetable crops, herbaceous crops,

sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming,

aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey,

mushrooms, and nursery stock. This exemption also applies to nursery workers.

(10) Any employee of an air carrier subject to the provisions of 45 U.S.C. § 181 et seq., of

the Railway Labor Act when the hours worked by that employee in excess of forty (40) in a work

week are not required by the air carrier, but are arranged through a voluntary agreement among

employees to trade scheduled work hours.

(b) Nothing in this section exempts any employee who under applicable federal law is

entitled to overtime pay or benefits related to overtime pay.

SECTION 11. Section 28-14-23 of the General laws in Chapter 28-14 entitled ”Payment

of Wages” is hereby amended to read as follows:

28-14-23. Assignment of wage claims to director -- Prosecution of actions.

The director shall have the power and authority to:

(1) Take assignments of wage claims and rights of action for penalties as provided by §§

28-14-17 and 28-14-18 28-14-19 without being bound by any of the technical rules with reference

to the validity of the assignments;

(2) Prosecute actions for the collection of the claims of persons who, in the judgment of

the director, have claims which are valid and enforceable in the courts; and

(3) Join various claimants in one preferred claim or lien, and in case of suit to join them in

one cause of action.

SECTION 12. Section 28-16-1 of the General Laws in Chapter 28-6 entitled “Enforcement

of Wage and Hour Laws” is hereby amended to read as follows:

28-16-1. Power of department to assist in enforcement of federal law.

The Rhode Island department of labor and training is empowered to assist and cooperate

with the administrator of the wage and hour and public contracts division and the director of the

bureau of labor standards of the United States Department of Labor, in the administration and the

enforcement within this state of the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.

§ 201 et seq. The department is further authorized to accept payment and/or reimbursement for its

services as provided by that act. Assistance and cooperation may include the designation by the

director of the department of labor and training of state employees to investigate federal and state

violations of wage, hour, and child labor provisions and regulations and may provide for joint

inspection.

SECTION 13. Section 28-21-18 of the General Laws in Chapter 28-21 entitled “Hazardous

Substances Right-to-Know Act” is hereby amended to read as follows:

28-21-18. Labeling.

(a) The employer shall ensure that each container of designated substances in the workplace

as listed in § 28-21-3 is labeled, tagged, or marked with the following information:

(1) Identity of the designated substance; and

(2) Hazard warnings.

(b) When stationary containers in a work area have similar contents and hazards, the

employer may post signs or placards to convey the required information rather than affixing labels

to each individual container.

(c)(1) The employer shall ensure that each container of designated substance present or

leaving the workplace is labeled, tagged, or marked with the following information:

(i) Identity of the designated substance;

(ii) Hazard warnings; and

(iii) Name and address of the manufacturer or other responsible party who can provide

additional information on the designated substance and appropriate emergency procedures, if

necessary.

(2) There shall be no conflict with the requirements of the Hazardous Materials

Transportation Act, 18 U.S.C. § 1801 et seq. 49 U.S.C § 5101 et seq., and regulations issued under

that act by the department of transportation.

(d) The employer need not affix new labels to comply with this section if existing labels

already convey the necessary information.

(e) The employer is not required to label portable containers into which designated

substances are transferred from labeled containers, and which are intended only for the immediate

use of the employee who performs the transfer.

(f) The employer shall not remove or deface existing labels on incoming containers of

designated substances unless the container is immediately marked with the required information.

(g) "Container" as used in this chapter means any receptacle or formed flexible covering,

including but not limited to bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and

stationary or mobile storage tanks used solely for the storage of designated substances, but shall

not include containers used as equipment where the designated substances are formulated,

chemically reacted, or otherwise processed so long as records are available within the immediate

location of the piece of equipment to designate the activity taking place in the container.

SECTION 14. Section 28-27-24.1 of the General Laws in Chapter 28-27 entitled

“Mechanical Trades” are hereby amended to read as follows:

28-27-24.1. Compelling obedience to subpoenas.

In case of failure of any person to comply with any subpoena lawfully issued subpoena or

subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he

or she may be lawfully interrogated, it shall be the duty of the district court or any judge of the

district court, on application by the director, to compel obedience by proceedings in the nature of

those for contempt.

SECTION 15. Section 28-33-5 of the General laws in Chapter 28-33 entitled “Workers

Compensation – Benefits” is hereby amended to read as follows:

28-33-5. Medical services provided by employer.

The employer shall, subject to the choice of the employee as provided in § 28-33-8,

promptly provide for an injured employee any reasonable medical, surgical, dental, optical, or other

attendance or treatment, nurse and hospital service, medicines, crutches, and apparatus for such

period as is necessary, in order to cure, rehabilitate or relieve the employee from the effects of his

injury; provided, that no fee for major surgery shall be paid unless permission for it is first obtained

from the workers' compensation court, the employer, or the insurance carrier involved, except

where compliance with it may prove fatal or detrimental to the employee. Irrespective of the date

of injury, the liability of the employer for hospital service rendered under this section to the injured

employee shall be the cost to the hospital of rendering the service at the time the service is rendered.

The director, after consultations with representatives of hospitals, employers, and insurance

companies, shall establish administrative procedures regarding the furnishing and filing of data and

the time and method of billing and may accept as representing the costs for both routine and special

services to patients, costs as computed for the federal Medicare program. Each hospital licensed

under chapter 16 17 of title 23 which renders services to injured employees under the Workers'

Compensation Act, chapters 29 -- 38 of this title, shall submit and certify to the director, in

accordance with requirements of the administrative procedures established by him or her, its costs

for those services. The employer shall also provide all medical, optical, dental, and surgical

appliances and apparatus required to cure or relieve the employee from the effects of the injury,

including but not being limited to the following: ambulance and nursing service, eyeglasses,

dentures, braces and supports, artificial limbs, crutches, and other similar appliances; provided, that

the employer shall not be liable to pay for or provide hearing aids or other amplification devices.

SECTION 16. Sections 28-35-8 and 28-35-41 of the General Laws in Chapter 28-35

entitled “Workers Compensation – Procedure” are hereby amended to read as follows:

28-35-8. Filing of non-prejudicial memorandum of agreement.

(a) Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but

specifically designates that agreement as a "non-prejudicial" or "without prejudice", the employer

may pay weekly compensation benefits not exceeding thirteen (13) weeks. In these cases, the

employer shall send a copy of the non-prejudicial memorandum and any amendments to it to the

employee and his or her attorney or the representative of the decedent and his or her attorney by

certified mail, return receipt requested, at the same time as it is filed with the department in the

same manner as if it were a memorandum of agreement. The non-prejudicial memorandum of

agreement shall contain all information as directed by § 28-35-1. Having done so, the non-

prejudicial memorandum of agreement and any action taken pursuant to it shall be without

prejudice to any party subsequently maintaining any position as to employer liability for payments

under chapters 29 -- 38 of this title, maintainable in the absence of an agreement. If at any time

within or at the close of the thirteen-week period after payments of compensation have commenced

the employer or insurer terminates weekly payments to the employee or to those entitled to

payments on account of death of an employee, the employer or insurer shall notify the employee

and his or her attorney or the representative of the decedent employee and his or her attorney within

ten (10) days on a form prescribed by the department that:

(1) Payments have terminated;

(2) The claim has not been formally accepted; and

(3) The employee has the right to file a petition, within the two (2) year limitation as set

forth in § 28-35-57, to formally establish liability of the employer or insurer.

(b) If the employer or insurer makes payments of weekly benefits to the employee or to

those entitled to payments on account of death of an employee for more than the thirteen (13) week

period, the payments shall constitute a conclusive admission of liability and ongoing incapacity as

to the injuries set forth in the non-prejudicial memorandum of agreement. The employer or insurer

shall within ten (10) days of making additional payments file a memorandum of agreement pursuant

to § 28-35-1.

28-35-41. Time for payment or notification to employee of controverted question.

For all injuries occurring on or before February 28, 1986, within twenty-one (21) days after

the employer has notice of an injury or death as provided in chapters 29 -- 38, of this title and has

received the initial medical report referred to in § 28-35-9 28-33-8, the employer or employer's

insurer shall either immediately begin the payment of compensation, or advise the director and the

employee or his or her representative that the right to benefits under those chapters is controverted.

In the event that the employer or his or her insurer does not immediately begin the payment of

compensation to the employee, or does not notify the director and the employee that the right to

benefits under those chapters is controverted, within the time prescribed by this section, the

employer or employer's insurer may be required to pay to an employee who successfully prosecutes

a petition for workers' compensation an additional fifty dollars ($50.00), which is to be awarded to

that employee by the workers' compensation court in its discretion and added to his or her first

week's compensation.

SECTION 17. Section 28-37-1 of the General Laws in chapter 28-37 entitled “Workers

Compensation Administrative Fund” is hereby amended to read as follows:

28-37-1. Establishment -- Sources -- Administration.

(a) There is established in the department of labor and training a special account to be

known as the workers' compensation administrative account, an account within the general fund.

This account, referred to as the "workers' compensation administrative account," shall consist of

payments made to it as provided in this chapter, or penalties paid pursuant to this chapter, and of

all other moneys paid into and received by the fund, of property and securities acquired by and

through the use of moneys belonging to the fund, and of interest earned upon the moneys belonging

to the fund. All moneys in the fund shall be mingled and undivided. The fund shall be administered

by the director of labor and training or his or her designee.

(b) The purposes for which this fund shall be used are as follows:

(1) To provide funds to the Chief Judge Robert F. Arrigan rehabilitation center for suitable

structures, personnel, and equipment necessary for the rendering of rehabilitative services,

including, but not limited to, physical therapy, psychotherapy, and occupational therapy to injured

workers coming within the purview of chapters 29 -- 38 of this title;

(2) To provide funds for all expenditures of the education unit created pursuant to § 42-16-

4 42-16.1-5 and all expenditures of the workers' compensation fraud prevention unit created

pursuant to § 42-16.1-12;

(3) To provide funds for all expenditures of the workers' compensation court. The

administrator of the fund shall on July 1st of each fiscal year transfer those funds that are reasonable

and necessary to fund all expenditures of the workers' compensation court for the fiscal year from

the administrative account, to a restricted receipt account to be established in the judicial

department. The administrator of the workers' compensation court is authorized to draw funds from

the restricted receipt account for all court expenditures;

(4) To provide funds to the department of labor and training for all expenditures incurred

in administering its responsibilities under chapters 29 -- 38 of this title;

(5) To provide funds to the department of labor and training for all expenditures incurred

in investigating and processing or otherwise administering its responsibilities regarding claims for

benefits or payments under §§ 28-35-20, 28-37-4 [Repealed], and 28-37-8;

(6) To provide funds to the department of labor and training for the maintenance and

operation of a system of data collection as provided for in § 28-37-31. The director shall be

authorized to purchase and/or lease equipment necessary to effectuate the purposes of § 28-37-31;

(7) To provide funds for loans to the state compensation insurance fund as provided in §§

27-7.2-19 and 27-7.2-20.1[Repealed]; and

(8) To provide funds for the payment or reimbursement of actual incremental costs of

COLA increases mandated by § 28-33-17 respecting injuries occurring prior to September 1, 1990,

in such amounts as the director, in his or her sole discretion, deems appropriate. These amounts

may be paid out of the fund by order of the director and shall be made by order drawn on the general

treasury to be charged against the fund.

(9) To provide funds to the workers' compensation advisory council created pursuant to the

provisions of § 28-29-30 for expenditures to carry out its responsibilities.

(10) To provide funds to the department of business regulation relating to the evaluation

of rate filings, reviews, and pricing procedures pursuant to the provisions of § 27-9-52.

SECTION 18. Sections 28-39-2 and 28-39-28 of the general laws in Chapter 28-39 entitled

“Temporary Disability Insurance – General Provisions” are hereby amended to read as follows:

28-39-2. Definitions.

The following words and phrases, as used in chapters 39 -- 41 of this title, have the

following meanings unless the context clearly requires otherwise:

(1) "Average weekly wage" means the amount determined by dividing the individual's total

wages earned for services performed in employment within his or her base period by the number

of that individual's credit weeks within the base period;

(2) "Base period" with respect to an individual's benefit year when the benefit year begins

on or after October 7, 1990, means the first four (4) of the most recently completed five (5) calendar

quarters immediately preceding the first day of an individual's benefit year; provided, that for any

individual's benefit year when the benefit year begins on or after October 4, 1992, and for any

individual deemed monetarily ineligible for benefits under the "base period" as defined in this

subdivision, the department shall make a re-determination of entitlement based upon an alternate

base period which consists of the last four (4) completed calendar quarters immediately preceding

the first day of the claimant's benefit year. Notwithstanding anything contained to the contrary in

this subdivision, the base period shall not include any calendar quarter previously used to establish

a valid claim for benefits; provided, however, that the "base period" with respect to members of the

United States military service, the Rhode Island National Guard, or a United States military reserve

force, and who served in a United States declared combat operation during their military service,

who file a claim for benefits following their release from their state or federal active military service

and who are deemed to be monetarily ineligible for benefits under this section, shall mean the first

four (4) of the most recently completed five (5) calendar quarters immediately preceding the first

day the individual was called into that state or federal active military service; provided, that for any

individual deemed monetarily ineligible for benefits under the "base period" as defined in this

section, the department shall make a re-determination of entitlement based upon an alternative base

period which consists of the last four (4) completed calendar quarters immediately preceding the

first day the claimant was called into that state or federal active military service. Notwithstanding

any provision of this section of the general or public laws to the contrary, the base period shall not

include any calendar quarter previously used to establish a valid claim for benefits;

(3) "Benefit" means the money payable, as provided in chapters 39 -- 41 of this title, to an

individual as compensation for his or her unemployment caused by sickness;

(4) "Benefit credits" means the total amount of money payable to an individual as benefits,

as provided in § 28-41-7;

(5) "Benefit rate" means the money payable to an individual as compensation, as provided

in chapters 39 -- 41 of this title, for his or her wage losses with respect to any week during which

his or her unemployment is caused by sickness;

(6) "Benefit year" with respect to any individual who does not already have a benefit year

in effect, and who files a valid claim for benefits as of November 16, 1958, or any later date, means

fifty-two (52) consecutive calendar weeks, the first of which shall be the week containing the day

as of which he or she first files that valid claim in accordance with regulations adopted as

subsequently prescribed; provided, that for any benefit year beginning on or after October 7, 1990,

the benefit year shall be fifty-three (53) consecutive calendar weeks if the subsequent filing of a

new valid claim immediately following the end of a previous benefit year would result in the

overlapping of any quarter of the base period of the prior new claim. In no event shall a new benefit

year begin prior to the Sunday next following the end of the old benefit year;

(i) For benefit years that begin on or after July 1, 2012, an individual's benefit year will

begin on the Sunday of the calendar week in which an individual first became unemployed due to

sickness and for which the individual has filed a valid claim for benefits;

(7) "Board" means the board of review as created under chapter 19 of title 42 16.1 of title

42;

(8) "Calendar quarter" has the same definition as contained in chapter 42 of this title;

(9) "Credit week" means any week within an individual's base period in which that

individual earns wages amounting to at least twenty (20) times the minimum hourly wage as

defined in chapter 12 of this title, for performing services in employment for one or more employers

subject to chapters 39 -- 41 of this title;

(10) "Director" means the director of the department of labor and training;

(11) "Employee" means any person who is or has been employed by an employer subject

to chapters 39 -- 41 of this title and in employment subject to those chapters;

(12) "Employer" means any employing unit that is an employer under chapters 42 -- 44 of

this title;

(13) "Employing unit" has the same definition as contained in chapter 42 of this title and

includes any governmental entity that elects to become subject to the provisions of chapters 39 --

41 of this title, in accordance with the provisions of §§ 28-39-3.1 and 28-39-3.2;

(14) "Employment" has the same definition as contained in chapter 42 of this title;

(15) "Employment office" has the same definition as contained in chapter 42 of this title;

(16) "Fund" means the Rhode Island temporary disability insurance fund established by

this chapter;

(17) "Partial unemployment due to sickness." For weeks beginning on or after January 1,

2006 an individual shall be deemed partially unemployed due to sickness in any week of less than

full-time work if he or she fails to earn in wages for services for that week an amount equal to the

weekly benefit rate for total unemployment due to sickness to which he or she would be entitled if

totally unemployed due to sickness and eligible.

(i) For the purposes of this subdivision and subdivision (22) of this section, "Wages"

includes only that part of remuneration for any work, which is in excess of one-fifth (1/5) of the

weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

week, and "services" includes only that part of any work for which remuneration in excess of one-

fifth (1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of

one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in

any one week is payable; provided, that nothing contained in this paragraph shall permit any

individual to whom remuneration is payable for any work performed in any week in an amount

equal to, or greater than, his or her weekly benefit rate to receive benefits under this subdivision

for that week.

(18) "Reserve fund" means the temporary disability insurance reserve fund established by

§ 28-39-7;

(19) "Services" means all endeavors undertaken by an individual that are paid for by

another or with respect to which the individual performing the services expects to receive wages or

profits;

(20) "Sickness." An individual shall be deemed to be sick in any week in which, because

of his or her physical or mental condition, including pregnancy, he or she is unemployed and unable

to perform his or her regular or customary work or services;

(21)(i) "Taxes" means the money payments required by chapters 39 -- 41 of this title, to be

made to the temporary disability insurance fund or to the temporary disability insurance reserve

fund.

(ii) Wherever and whenever in chapters 39 -- 41 of this title, the words "contribution"

and/or "contributions" appear, those words shall be construed to mean the "taxes," as defined in

this subdivision, which are the money payments required by those chapters to be made to the

temporary disability insurance fund or to the temporary disability insurance reserve fund;

(22) "Wages" has the same definition as contained in chapter 42 of this title; provided, that

no individual shall be denied benefits under chapters 39 -- 41 of this title because his or her

employer continues to pay to that individual his or her regular wages, or parts of them, while he or

she is unemployed due to sickness and unable to perform his or her regular or customary work or

services. The amount of any payments, whether or not under a plan or system, made to or on behalf

of an employee by his or her employer after the expiration of six (6) calendar months following the

last calendar month in which the employee performed actual bona fide personal services for his or

her employer, shall not be deemed to be wages either for the purpose of paying contributions

thereon under chapter 40 of this title, or for the purpose of being used as a basis for paying benefits

under chapter 41 of this title; and

(23) "Week" has the same definition as contained in chapter 42 of this title.

28-39-28. Disposition of fines.

All fines specified or provided for in §§ 28-39-23 -- 28-39-32 28-39-27 shall be paid to the

temporary disability insurance reserve fund.

SECTION 19. Sections 28-41-13 and 28-41-35 of the General Laws in Chapter 28-41

entitled “Temporary Disability Insurance – Benefits” are hereby amended to read as follows:

28-41-13. Disqualification by receipt of unemployment compensation benefits.

(a)(1) An individual shall be disqualified from receiving benefits during any week with

respect to which he or she will receive remuneration in the form of benefits under an unemployment

compensation law of any state or of the United States.

(2) Notwithstanding any provisions of chapters 39 -- 41 of this title to the contrary, an

individual receiving unemployment compensation and who is injured while unemployed and who

is then denied unemployment compensation as a result of those injuries, shall, if otherwise eligible,

be entitled to receive temporary disability insurance benefits without serving a waiting period as

required in § 28-41-12.[repealed]

(b) Notwithstanding any provisions of chapters 39 -- 41 of this title to the contrary, if an

individual has been determined to have been paid unemployment compensation benefits and/or

dependents' allowances under chapters 42 -- 44 of this title, for the same week or weeks with respect

to which the individual was entitled to receive temporary disability insurance benefits and/or

dependents' allowances under chapters 39 -- 41 of this title, that individual shall, at the discretion

of the director, be liable to have that sum deducted from any benefits payable to him or her under

chapters 39 -- 41 of this title for the same week or weeks, to reimburse the director for the

employment security fund.

28-41-35. Benefits.

(a) Subject to the conditions set forth in this chapter, an employee shall be eligible for

temporary caregiver benefits for any week in which he or she is unable to perform his or her regular

and customary work because he or she is:

(1) Bonding with a newborn child or a child newly placed for adoption or foster care with

the employee or domestic partner in accordance with the provisions of § 28-41-36(c)(1) 28-41-

36(c); or

(2) Caring for a child, parent, parent-in-law, grandparent, spouse, or domestic partner, who

has a serious health condition, subject to a waiting period in accordance with the provisions of §

28-41-12 [repealed]. Employees may use accrued sick time during the eligibility waiting period in

accordance with the policy of the individual's employer.

(b) Temporary caregiver benefits shall be available only to the employee exercising his or

her right to leave while covered by the temporary caregiver insurance program. An employee shall

file a written intent with his or her employer, in accordance with rules and regulations promulgated

by the department, with a minimum of thirty (30) days' notice prior to commencement of the family

leave. Failure by the employee to provide the written intent may result in delay or reduction in the

claimant's benefits, except in the event the time of the leave is unforeseeable or the time of the leave

changes for unforeseeable circumstances.

benefits for the same purpose, concurrently, in accordance with all provisions of this act and

chapters 39 -- 41 of this title.

(d) Temporary caregiver benefits may be available to any individual exercising his or her

right to leave while covered by the temporary caregiver insurance program, commencing on or

after January 1, 2014, which shall not exceed the individual's maximum benefits in accordance with

chapters 39 -- 41 of this title. The benefits for the temporary caregiver program shall be payable

with respect to the first day of leave taken after the waiting period and each subsequent day of leave

during that period of family temporary disability leave. Benefits shall be in accordance with the

following:

(1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum

of four (4) weeks in a benefit year;

(2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum

of five (5) weeks in a benefit year;

(3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum

of six (6) weeks in a benefit year.

(e) In addition, no individual shall be paid temporary caregiver benefits and temporary

disability benefits that together exceed thirty (30) times his or her weekly benefit rate in any benefit

year.

(f) Any employee who exercises his or her right to leave covered by temporary caregiver

insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by

the employer to the position held by the employee when the leave commenced, or to a position with

equivalent seniority, status, employment benefits, pay, and other terms and conditions of

employment including fringe benefits and service credits that the employee had been entitled to at

the commencement of leave.

(g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain

any existing health benefits of the employee in force for the duration of the leave as if the employee

had continued in employment continuously from the date he or she commenced the leave until the

date the caregiver benefits terminate; provided, however, that the employee shall continue to pay

any employee shares of the cost of health benefits as required prior to the commencement of the

caregiver benefits.

(h) No individual shall be entitled to waiting period credit or temporary caregiver benefits

under this section for any week beginning prior to January 1, 2014. An employer may require an

employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No.

103-3 and/or the Rhode Island Parental and Family Medical Leave Act, § 28-48-1 et seq., who

exercises his or her right to benefits under the temporary caregiver insurance program under this

chapter, to take any temporary caregiver benefits received, concurrently, with any leave taken

pursuant to the federal Family and Medical Leave Act and/or the Rhode Island Parental and Family

Medical Leave Act.

(i) Temporary caregiver benefits shall be in accordance with the federal Family and

Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island Parental and Family Medical

Leave Act in accordance with § 28-48-1 et seq. An employer may require an employee who is

entitled to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the

Rhode Island Parental and Family Medical Leave Act, § 28-48-1 et seq., who exercises his or her

right to benefits under the temporary caregiver insurance program under this chapter, to take any

temporary caregiver benefits received, concurrently, with any leave taken pursuant to the federal

Family and Medical Leave Act and/or the Rhode Island Parental and Family Medical Leave Act.

SECTION 20. Sections 28-42-3, 28-42-14.1, 28-42-38.1, 28-42-38.2, 28-42-67, 28-42-69

and 28-42-78 of the General Laws in chapter 28-42 entitled “Employment Security – General

Provisions” are hereby amended to read as follows:

28-42-3. Definitions.

The following words and phrases, as used in chapters 42 -- 44 of this title, have the

following meanings unless the context clearly requires otherwise:

(1) "Administration account" means the employment security administration account

established by this chapter.

(2) "Average weekly wage" means the amount determined by dividing the individual's total

wages earned for service performed in employment within the individual's base period by the

number of that individual's credit weeks within the individual's base period.

(3) "Base period," with respect to an individual's benefit year, means the first four (4), of

the most recently completed five (5) calendar quarters immediately preceding the first day of an

individual's benefit year. For any individual's benefit year, and for any individual deemed

monetarily ineligible for benefits for the "base period" as defined in this subdivision, the department

shall make a re-determination of entitlement based upon the alternate base period that consists of

the last four (4) completed calendar quarters immediately preceding the first day of the claimant's

benefit year. Notwithstanding anything contained to the contrary in this subdivision, the base period

shall not include any calendar quarter previously used to establish a valid claim for benefits;

provided, that notwithstanding any provision of chapters 42 -- 44 of this title to the contrary, for

the benefit years beginning on or after October 4, 1992, whenever an individual who has received

workers' compensation benefits is entitled to reinstatement under § 28-33-47, but the position to

which reinstatement is sought does not exist or is not available, the individual's base period shall

be determined as if the individual filed for benefits on the date of the injury.

(4) "Benefit" means the money payable to an individual as compensation for the

individual's wage losses due to unemployment as provided in these chapters.

(5) "Benefit credits" means the total amount of money payable to an individual as benefits,

as determined by § 28-44-9.

(6) "Benefit rate" means the money payable to an individual as compensation, as provided

in chapters 42 -- 44 of this title, for the individual's wage losses with respect to any week of total

unemployment.

(7) "Benefit year," with respect to any individual who does not already have a benefit year

in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks,

the first of which shall be the week containing the day as of which he or she first files a valid claim

in accordance with regulations adopted as hereinafter prescribed; provided, that the benefit year

shall be fifty-three (53) weeks if the filing of a new, valid claim would result in overlapping any

quarter of the base period of a prior new claim previously filed by the individual. In no event shall

a new benefit year begin prior to the Sunday next following the end of the old benefit year.

(8) "Calendar quarter" means the period of three (3) consecutive calendar months ending

March 31, June 30, September 30, and December 31; or the equivalent thereof, in accordance with

regulations as subsequently prescribed.

(9) "Contributions" means the money payments to the state employment security fund

required by those chapters.

(10) "Credit amount," effective July 6, 2014, means earnings by the individual in an amount

equal to at least eight (8) times the individual's weekly benefit rate.

(11) "Credit week," prior to July 1, 2012, means any week within an individual's base

period in which that individual earned wages amounting to at least twenty (20) times the minimum

hourly wage as defined in chapter 12 of this title for performing services in employment for one or

more employers subject to chapters 42 -- 44 of this title, and for the period July 1, 2012, through

July 5, 2014, means any week within an individual's base period in which that individual earned

wages amounting to at least the individual's weekly benefit rate for performing services in

employment for one or more employers subject to chapters 42 -- 44 of this title.

(12) "Crew leader," for the purpose of subdivision (19) of this section, means an individual

who:

(i) Furnishes individuals to perform service in agricultural labor for any other person;

(ii) Pays (either on the crew leader's own behalf or on behalf of that other person) the

individuals so furnished by the crew leader for the service in agricultural labor performed by them;

and

(iii) Has not entered into a written agreement with that other person (farm operator) under

which that individual (crew leader) is designated as an employee of that other person (farm

operator).

(13) "Director" means the head of the department of labor and training or the director's

authorized representative.

(14) "Domestic service employment." "Employment" includes domestic service in a

private home performed for a person who paid cash remuneration of one thousand dollars ($1,000)

or more in any calendar quarter in the current calendar year, or the preceding calendar year, to

individuals employed in that domestic service.

(15) "Employee" means any person who is, or has been, employed by an employer subject

to those chapters and in employment subject to those chapters.

(16) "Employer" means:

(i) Any employing unit that was an employer as of December 31, 1955;

(ii) Any employing unit that for some portion of a day on and after January 1, 1956, has,

or had, in employment, within any calendar year, one or more individuals; except, however, for

"domestic service employment," as defined in subdivision (14) of this section;

(iii) For the effective period of its election pursuant to § 28-42-12, any other employing

unit that has elected to become subject to chapters 42 -- 44 of this title; or

(iv) Any employing unit not an employer by reason of any other paragraph of this

subdivision for which, within either the current or preceding calendar year, service is, or was,

performed with respect to which that employing unit is liable for any federal tax against which

credit may be taken for contributions required to be paid into this state's employment security fund;

or which, as a condition for approval of chapters 42 -- 44 of this title for full tax credit against the

tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., is required, pursuant

to that act, to be an "employer" under chapters 42 -- 44 of this title.

(17) "Employing unit" means any person, partnership, association, trust, estate, or

corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver,

or trustee, or the legal representative of a deceased person, that has, or had, in the unit's employ,

one or more individuals. For the purposes of subdivision (14) of this section, a private home shall

be considered an employing unit only if the person for whom the domestic service was performed

paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the

current calendar year, or the preceding calendar year, to individuals employed in that domestic

service in that private home.

(18)(i) "Employment," subject to §§ 28-42-4 -- 28-42-10, means service, including service

in interstate commerce, performed for wages, or under any contract of hire, written or oral, express

or implied; provided, that service performed shall also be deemed to constitute employment for all

the purposes of chapters 42 -- 44 of this title if performed by an individual in the employ of a

nonprofit organization as described in subdivision (25) of this section, except as provided in § 28-

42-8(7).

(ii) Notwithstanding any other provisions of this section, "Employment" also means service

with respect to which a tax is required to be paid under any federal law imposing a tax against

which credit may be taken for contributions required to be paid into this state's employment security

fund or which, as a condition for full tax credit against the tax imposed by the Federal

Unemployment Tax Act, is required to be covered under chapters 42 -- 44 of this title.

(iii) Employment not to include owners. Employment does not include services performed

by sole proprietors (owners), partners in a partnership, limited liability company -- single member

filing as a sole proprietor with the IRS, or members of a limited liability company filing as a

partnership with the IRS.

(19) "Employment -- Crew leader." For the purposes of subdivision (12) of this section:

(i) Any individual who is a member of a crew furnished by a crew leader to perform service

in agricultural labor for any other person shall be treated as an employee of that crew leader if:

(A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal

Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq., or substantially all members of that

crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other

mechanized equipment that is provided by that crew leader; and

(ii) That individual is not an employee of the other person within the meaning of

subdivision (15) of this section; and

(iii) In the case of any individual who is furnished by a crew leader to perform service in

agricultural labor for any other person and who is not treated as an employee of that crew leader:

(A) That other person, and not the crew leader, shall be treated as the employer of that

individual; and

(B) That other person shall be treated as having paid cash remuneration to that individual

in an amount equal to the amount of cash remuneration paid to that individual by the crew leader

(either on the crew leader's own behalf or on behalf of that other person) for the service in

agricultural labor performed for that other person.

(20) "Employment office" means a free, public-employment office, or its branch, operated

by the director or by this state as part of a system of free, public-employment offices, or any other

agency that the director may designate with the approval of the Social Security Administration.

(21) "Fund" means the employment security fund established by this chapter.

(22) "Governmental entity" means state and local governments in this state and includes

the following:

(i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of

the state, or any of its instrumentalities;

(ii) Any instrumentality of more than one of these entities; or

(iii) Any instrumentality of any of these entities and one or more other states or political

subdivisions.

(23) "Hospital" means an institution that has been licensed, certified, or approved by the

department of health as a hospital.

(24)(i) "Institution of higher education" means an educational institution in this state that:

(A) Admits, as regular students, only individuals having a certificate of graduation from a

high school, or the recognized equivalent of such certificate;

(B) Is legally authorized within this state to provide a program of education beyond high

school;

(I) An educational program for which it awards a bachelor's or higher degree, or a program

that is acceptable for full credit toward such a degree;

(II) A program of post-graduate or post-doctoral studies; or

(III) A program of training to prepare students for gainful employment in a recognized

occupation; and

(D) Is a public or other nonprofit institution.

(ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and

universities in this state are institutions of higher education for purposes of this section.

(25) "Nonprofit organization" means an organization, or group of organizations, as defined

in 26 U.S.C. § 501(c)(3), that is exempt from income tax under 26 U.S.C. § 501(a).

(26)(i) "Partial unemployment." An employee shall be deemed partially unemployed in any

week of less than full-time work if the employee fails to earn in wages for that week an amount

equal to the weekly benefit rate for total unemployment to which the employee would be entitled

if totally unemployed and eligible. For weeks beginning on or after May 23, 2021, through June

30, 2022, an employee shall be deemed partially unemployed in any week of less than full-time

work if the employee fails to earn wages for that week in an amount equal to or greater than one

hundred and fifty percent (150%) of the weekly benefit rate for total unemployment to which the

employee would be entitled if totally unemployed and eligible.

(ii) For the purposes of this subdivision and subdivision (28) of this section, "wages"

includes only that part of remuneration for any work that is in excess of one-fifth (1/5) of the weekly

benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to

which the individual would be entitled if totally unemployed and eligible in any one week, and

"services" includes only that part of any work for which remuneration in excess of one-fifth (1/5)

of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

week is payable; provided, that nothing contained in this paragraph shall permit any individual to

whom remuneration is payable for any work performed in any week in an amount equal to or greater

than his or her weekly benefit rate to receive benefits under this subdivision for that week.

(iii) Notwithstanding the foregoing, for weeks ending on or after May 23, 2021, through

June 30, 2022, "wages" includes only that part of remuneration for any work that is in excess of

fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the next lower

multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and

eligible in any one week, and "services" includes only that part of any work for which remuneration

in excess of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the

next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally

unemployed and eligible in any one week is payable. Provided, that, during the period defined in

this subdivision, nothing contained in this subdivision shall permit any individual to whom

remuneration is payable for any work performed in any week in an amount equal to or greater than

one hundred fifty percent (150%) of their weekly benefit rate to receive benefits under this

subdivision for that week.

(iv) Notwithstanding anything contained to the contrary in this subdivision, "services," as

used in this subdivision and in subdivision (28) of this section, does not include services rendered

by an individual under the exclusive supervision of any agency of this state, or any of its political

subdivisions, by which the services are required solely for the purpose of affording relief, support,

or assistance to needy individuals performing those services, or services performed by members of

the national guard and organized reserves in carrying out their duties in weekly drills as members

of those organizations. "Wages," as used in this subdivision and in subdivision (28) of this section,

does not include either remuneration received by needy individuals for rendering the

aforementioned services when that remuneration is paid exclusively from funds made available for

that purpose out of taxes collected by this state or any of its political subdivisions, or remuneration

received from the federal government by members of the national guard and organized reserves, as

drill pay, including longevity pay and allowances.

(27) "Payroll" means the total amount of all wages paid by the employer to the employer's

employees for employment.

(28) "Total unemployment." An individual shall be deemed totally unemployed in any

week in which the individual performs no services (as used in subdivision (26) of this section) and

for which the individual earns no wages (as used in subdivision (26) of this section), and in which

the individual cannot reasonably return to any self-employment in which the individual has

customarily been engaged.

(29) "Wages" means all remuneration paid for personal services on or after January 1, 1940,

including commissions and bonuses and the cash value of all remuneration paid in any medium

other than cash, and all other remuneration that is subject to a tax under a federal law imposing a

tax against which credit may be taken for contributions required to be paid into a state

unemployment fund. Gratuities customarily received by an individual in the course of the

individual's employment from persons other than the individual's employing unit shall be treated

as wages paid by the individual's employing unit. The reasonable cash value of remuneration paid

in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and

determined in accordance with rules prescribed by the director; except that for the purpose of this

subdivision and of §§ 28-43-1 -- 28-43-14 28-43-1 – 28-43-8.1, 28-43-8.2[Repealed], 28-43-8.3,

28-43-8.4[Repealed], 28-43-8.5 – 28-43-8.10, 28-43-11[Repealed] and 28-43-12 – 28-43-14, this

term does not include:

(i) That part of remuneration that is paid by an employer to an individual with respect to

employment during any calendar year, after remuneration equal to the amount of the taxable wage

base as determined in accordance with § 28-43-7 has been paid during that calendar year by the

employer or the employer's predecessor to that individual; provided, that if the definition of

"wages" as contained in the Federal Unemployment Tax Act is amended to include remuneration

in excess of the taxable wage base for that employment, then, for the purposes of §§ 28-43-1 -- 28-

43-14, "wages" includes the remuneration as previously set forth, up to an amount equal to the

dollar limitation specified in the federal act. For the purposes of this subdivision, "employment"

includes services constituting employment under any employment security law of another state or

of the federal government;

(ii) The amount of any payment made to, or on behalf of, an employee under a plan or

system established by an employer that makes provision for employees generally, or for a class or

classes of employees (including any amount paid by an employer or an employee for insurance or

annuities, or into a fund, to provide for any such payment), on account of:

(A) Retirement;

(B) Sickness or accident disability;

disability; or

(D) Death; provided, that the employee has not the:

(I) Option to receive, instead of provision for that death benefit, any part of that payment

or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by

the individual's employer; and

(II) Right, under the provisions of the plan or system or policy of insurance providing for

that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit

either upon the employee's withdrawal from the plan or system providing for that benefit or upon

termination of the plan or system or policy of insurance, or of the individual's employment with

that employer;

(E) The payment by an employer (without deduction from the remuneration of the

employee) of:

(I) The tax imposed upon an employee under 26 U.S.C. § 3101; or

(II) Any payment required from an employee under chapters 42 -- 44 of this title;

(iii) Any amount paid by an employee, or an amount paid by an employer, under a benefit

plan organized under the Internal Revenue Code [26 U.S.C. § 125].

(30) "Week" means the seven-day (7) calendar week beginning on Sunday at 12:01 A.M.

and ending on Saturday at 12:00 A.M. midnight.

28-42-14.1. Treatment of Indian tribes.

(a) "Employer" includes any Indian tribe for which service in employment as defined under

chapters 42 -- 44 of this title is performed.

(b) "Employment" includes service performed in the employ of an Indian tribe, as defined

in section 3306(u) of the Federal Unemployment Tax Act (FUTA), 26 U.S.C. § 3306(u), provided

the service is excluded from "employment" as defined in FUTA solely by reason of section

3306(c)(7), FUTA, 26 U.S.C. § 3306(c)(7), and is not otherwise excluded from "employment"

under chapters 42 -- 44 of this title. For the purposes of this section, the exclusions from

employment in § 28-42-14 shall be applicable to service performed in the employ of an Indian tribe.

same amount, on the same terms and subject to the same conditions as benefits payable on the basis

of other service required to be covered under chapters 42 -- 44 of this title.

(d)(1) Indian tribes or tribal units (subdivisions, subsidiaries or business enterprises wholly

owned by such Indian tribes) subject to the provisions of chapters 42 -- 44 of this title shall pay

contributions under the same terms and conditions as all other subject employers, unless they elect

to pay into the employment security fund amounts equal to the amount of benefits attributable to

service in the employ of the Indian tribe.

(2) Indian tribes electing to make payments in lieu of contributions must make that election

in the same manner and under the same conditions as provided in §§ 28-43-24 -- 28-43-31 and 28-

43-28 – 28-43- 31 pertaining to state and local governments and nonprofit organizations subject to

the provisions of chapters 42 -- 44 of this title. Indian tribes will determine if reimbursement for

benefits paid will be elected by the tribe as a whole, by individual tribal units, or by combinations

of individual tribal units.

(3) Indian tribes or tribal units will be billed for the full amount of benefits attributable to

service in the employ of the Indian tribe or tribal unit on the same schedule as other employing

units that have elected to make payments in lieu of contributions.

(4) At the discretion of the director, any Indian tribe or tribal unit that elects to become

liable for payments in lieu of contributions shall be required within thirty (30) days after the

effective date of its election, to:

(A) execute and file with the director a surety bond approved by the director; or

(B) deposit with the director money or securities on the same basis as other employers with

the same election option.

(e)(1)(i) Failure of the Indian tribe or tribal unit to make required payments, including

assessments of interest and penalty, within ninety (90) days of receipt of the bill will cause the

Indian tribe to lose the option to make payments in lieu of contributions, as described in subsection

(d), for the following tax year unless payment in full is received before contribution rates for next

tax year are computed.

(ii) Indian tribe that loses the option to make payments in lieu of contributions due to late

payment or nonpayment, as described in paragraph (i) of this subdivision, shall have that option

reinstated if, after a period of one year, all contributions have been made timely, provided no

contributions, payments in lieu of contributions for benefits paid, penalties or interest remain

outstanding.

(2)(i) Failure of the Indian tribe or any of its tribal units to make required payments,

including assessments of interest and penalty, after all collection activities deemed necessary by

the director have been exhausted, will cause services performed for that tribe to not be treated as

"employment" for purposes of subsection (b) of this section.

(ii) The director may determine that any Indian tribe that loses coverage under paragraph

(i) of this subdivision may have services performed for that tribe again included as "employment"

for purposes of subsection (b) of this section if all contributions, payments in lieu of contributions,

penalties and interest have been paid.

(iii) The director will notify the United States Internal Revenue Service and the United

States Department of Labor of any termination or reinstatement of coverage made under paragraphs

(i) and (ii) of this subdivision.

(f) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall

include information that failure to make full payment within the prescribed time frame:

(1) Will cause the Indian tribe to be liable for taxes under FUTA;

(2) Will cause the Indian tribe to lose the option to make payments in lieu of contributions;

(3) Could cause the Indian tribe to be excepted from the definition of "employer," as

provided in subsection (a) of this section, and services in the employ of the Indian tribe, as provided

in subsection (b) of this section, to be excepted from "employment."

(g) Extended benefits paid under the provisions of § 28-44-62 that are attributable to

service in the employ of an Indian tribe and not reimbursed by the federal government shall be

financed in their entirety by the Indian tribe.

28-42-38.1. Quarterly wage reports.

(a)(1) The department of labor and training is designated and constituted the agency within

this state charged with the responsibility of collecting quarterly wage information, as required by

42 U.S.C. § 1320b-7. Each employer shall be required to submit a detailed wage report to the

director, for all calendar quarters within thirty (30) days after the end of each quarter in a form and

manner prescribed by the director, listing each employee's name; social security account number;

the total amount of wages paid to each employee; and any other information that the director deems

necessary. All reports shall be in addition to those now required by the department.

(2) The department will utilize the quarterly wage information that it collects from

employers to establish an individual's eligibility for unemployment insurance benefits and to

determine the amount and duration of benefits for all new claims filed.

(3) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

department may utilize employee quarterly wage information submitted by employers to measure

the progress of the state in meeting the performance measures developed in response to United

States Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. § 2801 et seq.)

113-128, the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.),

further provided however, that the department may verify certain employee quarterly wage

information for the local workforce investment board and provide it with the verified data under

procedures established by rules and regulations promulgated by the director. The director shall also

make the quarterly wage information available, upon request, to the agencies of other states in the

performance of their public duties under the Workforce Investment Act of 1998 Workforce

Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.) in that state. This information

shall be made available only to the extent required by the Secretary of Labor and necessary for the

valid administrative needs of the authorized agencies, and all agencies requesting this data shall

protect it from unauthorized disclosure. The department shall be reimbursed by the agencies

requesting the information for the costs incurred in providing the information.

(4) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

department may provide quarterly wage information to the United States Census Bureau for the

purpose of participating in a joint local employment dynamics program with the United States

Census Bureau and the Bureau of Labor Statistics.

(5) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

department may provide employee quarterly wage information to the department's designated

research partners for the purpose of its workforce data quality and workforce innovation fund

initiatives. The provision of these records will be done in accordance with an approved data-sharing

agreement between the department and its designated research partners that protects the security

and confidentiality of these records and through procedures established by protocols, rules and/or

regulations as determined necessary by the director and appropriately established or promulgated.

(b) Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, an

employer who or that fails to file a detailed wage report in the manner and at the times required by

subsection (a) of this section for any calendar quarter shall pay a penalty of twenty-five dollars

($25.00) for each failure or refusal to file. An additional penalty of twenty-five dollars ($25.00)

shall be assessed for each month the report is delinquent; provided, that this penalty shall not exceed

two hundred dollars ($200.00) for any one report. This penalty shall be paid into the employment

security tardy account fund and if any employer fails to pay the penalty, when assessed, it shall be

collected by civil action as provided in § 28-43-18.

28-42-38.2. Income and eligibility verification.

(a) The department of labor and training will participate in the income and eligibility

verification procedures as required by 42 U.S.C. § 1302b-7 42 U.S.C. § 1320(b)-7, which provides

for the exchange of information among agencies administering federally assisted programs for aid

to families with dependent children, Medicaid, food stamps, supplemental security income,

unemployment insurance, and any other state program under a plan approved under Title I, X, XIV,

or XVI of the Social Security Act, 42 U.S.C. § 301 et seq., 1201 et seq., 1351 et seq., or 1381 et

seq., respectively.

(b) Notwithstanding any other provisions of this chapter, the director will provide, upon

request: (1) quarterly wage information to all authorized agencies for income and eligibility

verification purposes and, further, to the appropriate state or local child support enforcement agency

operating pursuant to a plan described in 42 U.S.C. § 654 which has been approved by the Secretary

of Health and Human Services under Part D of Title IV of the Social Security Act, 42 U.S.C. § 651

et seq. (2) quarterly wage information for child support enforcement purposes to the Department

of Health and Human Services in accordance with United States P.L. 100-485, Family Support Act

of 1988; and (3) quarterly wage information to the Department of Housing and Urban Development

and to authorized representatives of public housing agencies in accordance with the Stewart B.

McKinney Homeless Assistance Act, 42 U.S.C. § 11301 et seq. This information shall be made

available only to the extent necessary for the valid administrative needs of the authorized agencies

and all agencies requesting this data shall protect it from unauthorized disclosures. The department

shall be reimbursed by the agencies requesting the information for the costs incurred in providing

the information.

28-42-67. Disposition of fines.

All fines specified or provided for in §§ 28-42-62 -- 28-42-66 28-42-62[Repealed], 28-42-

62.1, 28-42-63[Repealed], 28-42-64, and 28-42-65 – 28-42-66 shall be paid to the employment

security tardy account fund.

28-42-69. Complaints to invoke penalties.

The director shall be the party complainant to any complaint and warrant brought to invoke

the penalties provided for in §§ 28-42-62 -- 28-42-66 28-42-62[Repealed], 28-42-62.1, 28-42-

63[Repealed] and 28-42-63.1 – 28-42-67, and the director shall be exempt from giving surety for

costs in any action.

28-42-78. Establishment of employment security tardy account fund -- Sources.

(a)(1) There is created as a restricted receipt account within the general fund the

employment security tardy account fund, to be administered by the director without liability on the

part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of:

(i) All penalties received from employers and paid pursuant to §§ 28-42-62 -- 28-42-66 28-

42-62[Repealed] 28-42-62.1, 28-42-63[Repealed] 28-42-64, and 28-42-65 – 28-42-67,

(ii) All other moneys paid into and received by the fund;

(iii) Property and securities acquired by and through the use of moneys belonging to the

fund; and

(iv) Interest earned upon the moneys belonging to the fund.

(2) All moneys in the fund shall be mingled and undivided.

(b) All moneys received by the director for account of the employment security tardy

account fund shall, upon receipt, be deposited by the director in a clearance account in a bank in

this state and shall be exempt from the provisions of § 35-4-27.

SECTION 21. Sections 28-43-2 and 28-43-3 of the General laws in Chapter 28-43 entitled

“Employment Security – Contributions” are hereby amended to read as follows:

28-43-2. Balancing account -- Credits and charges.

Subsequent to the establishment of the balancing account as set forth in § 28-43-1(1), the

credits and charges to that account shall be determined by the director as follows:

(1) Credits to the balancing account:

(i) All interest earnings received by the fund;

(ii) All transfers to the credit of the account of this state in the unemployment trust fund

under 42 U.S.C. § 903(a) 42 U.S.C. § 1103;

(iii) Any plus balance remaining to the credit of an employer's account after he or she has

ceased to be subject to chapters 42 -- 44 of this title;

(iv) The entire amount credited to the balancing account under § 28-43-9 relating to the

balancing rate;

(v) An amount equal to the amount of any restitution by an employee of benefits, whether

that restitution is in cash or in the form of offset against benefits otherwise due, when that restitution

is made;

(vi) Any deposits made by employers in connection with an appeal under § 28-44-39,

which are not returnable;

(vii) The amount reimbursed or advanced to this state as the federal share of extended

benefits paid to individuals under the provisions of § 28-44-62; and

(viii) The amount reimbursed to this state in accordance with the provisions of § 121 of

United States P.L. 94-566 Pub. L. 94-566, Oct. 20, 1976, Title I, § 121, 90 STAT 2673.

(2) Charges to the balancing account:

(i) Any minus balance of an employer's account after he or she has ceased to be subject to

this title, together with an amount equal to benefits subsequently paid based on wages reported by

that employer;

(ii) Any disbursements from the fund that are not chargeable to employer accounts;

(iii) Any benefit payments paid to a claimant and charged to an employer's account after a

hearing in which the employer appeared and contested the award which is subsequently finally

disallowed on appeal, which charges to the employer's account shall be cancelled;

(iv) Any benefit payments based on determinations by the administrative agencies of other

states;

(v) Dependent's allowances not otherwise chargeable to an employer's account paid under

§ 28-44-6 for benefit years beginning subsequent to September 30, 1985;

(vi) Benefits not chargeable to any individual employer's account;

(vii) Any benefit payments paid to an individual who has left his or her employment for

reasons which have been determined not to have been connected with the employment; provided,

that the benefits paid to an individual who leaves work pursuant to a retirement plan, system, or

program in accordance with the provisions of § 28-44-17 of this title shall be charged in accordance

with the provisions of § 28-43-3(2)(ii);

(viii) Any benefits paid for benefit years beginning subsequent to September 30, 1985 to

an individual in accordance with the provisions of § 28-44-62, and not otherwise chargeable to an

employer's account;

(ix) The foregoing charges to the balancing account shall be limited to benefits paid based

on service with an employer required to pay contributions under the provisions of chapters 42 -- 44

of this title.

(x) Any benefits paid for benefit years beginning subsequent to July 7, 1996 to an

individual unemployed as a result of physical damage to the real property at the employer's usual

place of business caused by severe weather conditions, including, but not limited to, hurricanes,

snowstorms, ice storms or flooding, or fire except where caused by the employer.

SECTION 22. Sections 28-44-58.1, 28-44-62 and 28-44-69 of the General Laws in Chapter

28-44 entitled “Employment Security – Benefits” are hereby amended to read as follows:

28-44-58.1. Child support intercept of benefits.

(a) An individual filing a new claim for benefits shall, at the time of filing the claim,

disclose whether or not he or she owes child support obligations as defined under subsection (g) of

this section. If any individual discloses that he or she owes child support obligations, and is

determined to be eligible for benefits, the director shall notify the department of human services,

bureau of family support that the individual has been determined to be eligible for benefits.

(b) Notwithstanding any provision of this title to the contrary, the director shall deduct and

withhold from any compensation payable to an individual that owes child support obligations as

defined under subsection (g) of this section:

(1) The amount specified by the individual to the director to be deducted and withheld

under this subsection, if neither subdivision (2) nor (3) of this subsection is applicable; or

(2) The amount determined pursuant to an agreement submitted to the director under 42

U.S.C. § 454(20)(B)(i) 42 U.S.C. § 654 (19)(B)(i) by the department of human services, bureau of

family support, unless subdivision (3) of this subsection is applicable; or

(3) Any amount otherwise required to be deducted and withheld from the benefits pursuant

to legal process, as that term is defined in 42 U.S.C. § 462(e) 42 U.S.C. § 659 (i)(5), properly

served upon the director.

by the director to the department of human services, bureau of family support.

(d) Any amount deducted and withheld under subsection (b) of this section shall for all

purposes be treated as if it were paid to the individual as benefits under chapters 42 -- 44 of this

title and paid by that individual to the department of human services, bureau of family support in

satisfaction of the individual's child support obligations.

(e) For purposes of subsections (a) through (d) of this section, "benefits" means any

compensation payable under this chapter, including amounts payable by the director pursuant to an

agreement under any federal law providing for compensation, assistance, or allowances with

respect to unemployment.

(f) This section applies only if appropriate arrangements have been made for

reimbursement by the department of human services, bureau of family support for the

administrative costs incurred by the director under this section which are attributable to child

support obligations being enforced by the department of human services, bureau of family support.

(g) "Child support obligations" is defined for purposes of this section as including only

obligations which are being enforced pursuant to a plan described in 42 U.S.C. § 454 42 U.S.C. §

654 which has been approved by the Secretary of Health and Human Services under Part D of Title

IV of the Social Security Act, 42 U.S.C. § 651 et seq.

(h) Upon receipt of funds paid by the director under subsection (c) of this section, the

department of human services, bureau of family support shall deposit and hold those funds in an

escrow account until credit to the individual's child support obligation is made.

28-44-62. Extended benefits.

(a) Definitions. As used in this section, unless the context clearly requires otherwise:

(1) "Eligibility period" of an individual means the period consisting of the weeks in his or

her benefit year which begin in an extended period that is in effect in this state and, if his or her

benefit year ends within that extended benefit period, any weeks thereafter which begin in that

period.

(2) "Extended benefit period" means a period which:

(i) Begins with the third week after the first week for which there is a state "on" indicator;

and

(ii) Ends with either of the following weeks, whichever occurs later: (A) the third (3rd)

week after the first week for which there is a state "off" indicator; or (B) the thirteenth (13th)

consecutive week of that period; provided, that no extended benefit period may begin by reason of

a state "on" indicator before the fourteenth week following the end of a prior extended benefit

period which was in effect with respect to this state; and provided, further, that no extended benefit

period may become effective in this state prior to the sixty-first (61st) day following the date of

enactment of the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C.

§ 3304), and that, on and after January 1, 1972, either state or national indicators shall be applicable.

(iii) There is a "state 'on' indicator" for this state for a week, beginning after September 25,

1982 and prior to December 18, 2010, or beginning on or after January 1, 2012, if:

(A) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

rate of insured unemployment not seasonally adjusted under this chapter:

(I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates

for the corresponding thirteen (13) week period ending in each of the preceding two (2) calendar

years, and

(II) Equaled or exceeded five percent (5%), or

(B) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six

percent (6%), regardless of the insured unemployment rate in previous years, or

and prior to December 18, 2010, or beginning on or after January 1, 2012, the average rate of total

unemployment seasonally adjusted, as determined by the United States Secretary of Labor, for the

period consisting of the most recent three (3) months for which data for all states are published

before the close of that week:

(I) Equals or exceeds 6.5 percent (6.5%), and

(II) Equals or exceeds one hundred ten percent (110%) of such average for either or both

of the corresponding three (3) month periods ending in the two (2) preceding calendar years.

(D) Notwithstanding any provision of this subdivision, any week for which there would

otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to

be a week for which there is a state "off" indicator.

(iv) There is a "state 'on' indicator" for this state for a week, beginning on or after December

18, 2010, and ending on or before December 31, 2011, if:

(A) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

rate of insured unemployment not seasonally adjusted under this chapter:

(I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates

for the corresponding thirteen (13) week period ending in each of the preceding three (3) calendar

years; and

(II) Equaled or exceeded five percent (5%); or

(B) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six

percent (6%), regardless of the insured unemployment rate in previous years; or

18, 2010, and ending on or before December 31, 2011, the average rate of total unemployment

seasonally adjusted, as determined by the United States Secretary of Labor, for the period

consisting of the most recent three (3) months for which data for all states are published before the

close of that week:

(I) Equals or exceeds six and one-half percent (6.5%); and

(II) Equals or exceeds one hundred ten percent (110%) of such average for any or all of the

corresponding three (3) month periods ending in the three (3) preceding calendar years.

(D) Notwithstanding any provision of this subdivision, any week for which there would

otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to

be a week for which there is a state "off" indicator.

(v)(A) There is a state "off" indicator for this state for a week beginning after March 6,

1993 and prior to December 18, 2010, or beginning on or after January 1, 2012, if in the period

consisting of the week and the immediately preceding twelve (12) weeks, none of the options

specified in subparagraphs (iii)(A), (B), and (C) of this subdivision result in an "on" indicator; or

(B) There is a state "off" indicator for this state for a week beginning on or after December

18, 2010, and ending on or before December 31, 2011, if in the period consisting of the week and

the immediately preceding twelve (12) weeks, none of the options specified in subparagraphs

(iv)(A), (B), and (C) of this subdivision result in an "on" indicator.

(3) "Extended benefits" means benefits, including benefits payable to federal civilian

employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq., payable to an individual

under the provisions of this section for weeks of unemployment in his or her eligibility period.

(4)(i) "Rate of insured unemployment," for purposes of paragraph (2)(iii) of this

subsection, means the percentage derived by dividing:

(A) The average weekly number of individuals filing claims for regular benefits for weeks

of unemployment with respect to the most recent thirteen (13) consecutive week period, as

determined by the director on the basis of reports submitted to the Secretary of Labor, by

(B) The average monthly covered employment for the first four (4) of the most recent six

(6) completed calendar quarters ending before the end of the thirteen (13) week period.

(ii) Computations required by the provisions of this subdivision shall be made by the

director, in accordance with the regulations prescribed by the Secretary of Labor.

(5) "Regular benefits" means benefits, including dependents' allowances, payable to an

individual under chapters 42 -- 44 of this title, or under any other state law, including benefits

payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq.,

other than extended benefits.

(6) "State" includes any state of the United States of America, the District of Columbia, the

Commonwealth of Puerto Rico and the Virgin Islands.

(7) "State law" means the unemployment insurance law of any state, approved by the

Secretary of Labor under 26 U.S.C. § 3304.

(8) "Suitable work" means, with respect to any individual, any work that is within that

individual's capabilities; provided, however:

(i) That the gross average weekly remuneration payable for the work must exceed the sum

of the individual's weekly benefit amount as determined under subsection (g) of this section plus

the amount, if any, of supplemental unemployment benefits 26 U.S.C. § 50(C)(17)(D), as defined

in 26 U.S.C. § 501 (c)(17) (D), payable to that individual for that week, and

(ii) That wages for such work are not less than the higher of:

(A) The minimum wage provided by 29 U.S.C. § 206(a)(1) without regard to any

exemption, or

(B) The applicable state or local minimum wage.

(b) Effect of state law provisions relating to regular benefits on claims for, and the payment

of extended benefits. Except when the result would be inconsistent with the other provisions of this

section and as otherwise provided in the employment security rules, the provisions of chapters 42

-- 44 of this title which apply to claims for, or the payment of, regular benefits shall apply to claims

for, and the payment of, extended benefits provided under this section.

extended benefits with respect to any week of unemployment in his or her eligibility period only if

the director finds that:

(1) He or she has, prior to that week, exhausted all of his or her rights to regular benefits

provided under chapters 42 -- 44 of this title because either:

(i) He or she has received all of those benefits that were available to him or her in his or

her current benefit year, or

(ii) His or her benefit year has expired prior to that week, and he or she has insufficient

wages and/or insufficient weeks of employment on which to establish a new benefit year which

would include that week; and

(2) With respect to that week of unemployment:

(i) He or she has exhausted all his or her rights to regular benefits available to him or her

under any state law, including benefits payable to federal civilian employees and ex-servicepersons

under § 5 U.S.C. § 8501 et seq.;

(ii) He or she has no rights to allowances or unemployment benefits under any other federal

law, such as the Railroad Unemployment Insurance Act [45 U.S.C. § 351 et seq.];

(iii) He or she has not received unemployment benefits under the law of Canada; and

(iv) He or she is not disqualified or ineligible for benefits under any provisions of chapters

42 -- 44 of this title, to the extent that those provisions, pursuant to paragraph (ii) of this subdivision

or the regulations adopted pursuant to that paragraph, are applicable to the claims for, and the

payment of, extended benefits provided under this section; provided, that for purposes of

subdivision (1) of this subsection, an individual shall be deemed to have exhausted his or her regular

benefit rights with respect to any week of unemployment when he or she may become entitled to

regular benefits with respect to that week, or future weeks, but those benefits are not payable at the

time he or she claims extended benefits because final action has not yet been taken on a pending

appeal with respect to regular benefits based on wages and/or employment which were not

considered in the prior determination of his or her benefits.

(3) Notwithstanding the provisions of this subsection, an individual filing an initial claim

for extended benefits effective March 7, 1993, or after shall not be eligible for extended

compensation for any week of unemployment, unless in the base period with respect to which the

individual exhausted all rights to regular benefits provided under chapters 42 -- 44 of this title, the

individual:

(i) Had earnings in insured employment under chapters 42 -- 44 of this title which equaled

or exceeded forty (40) times the individual's weekly benefit amount, including dependent's

allowance, or

(ii) Had been paid wages for insured employment under chapters 42 -- 44 of this title which

equaled or exceeded one and one-half (1 1/2) times the individual's insured wages in the calendar

quarter of the base period in which the individual's insured wages were the highest, or

(iii) Had twenty (20) weeks of full-time work in insured employment under chapters 42 --

44 of this title.

(d)(1) Suitable work and work search requirements for extended benefits. Notwithstanding

the provisions of subsection (b) of this section, an individual shall be ineligible for payment of

extended benefits for any week of unemployment beginning on or after April 1, 1981, if the director

finds that during that period:

(i) He or she failed to accept an offer of suitable work as defined under subsection (a) of

this section or failed to apply for any suitable work to which he or she was referred by the director;

(ii) He or she failed to actively engage in seeking work as prescribed under subdivision (3)

of this subsection;

(2) Any individual who has been found ineligible for extended benefits by reason of the

provisions in subdivision (1) of this subsection shall also be denied benefits beginning the first day

of the week following the week in which that failure occurred and until he or she has been

employed, except in self-employment, in each of four (4) subsequent weeks, whether or not

consecutive, and has earned remuneration equal to not less than four (4) times the extended weekly

benefit amount. No individual shall be denied extended benefits for failure to accept an offer of or

to apply for any job which meets the definition of suitability as described in subsection (a) of this

section if:

(i) The position was not offered to that individual in writing or was not listed with the

employment service;

(ii) The failure would not result in a denial of benefits under the definition of suitable work

for regular benefit claimants in § 28-44-20 to the extent that the criteria of suitability in that section

are not inconsistent with the provisions of subsection (a) of this section; or

(iii) The individual furnishes satisfactory evidence to the director that his or her prospects

for obtaining work in his or her customary occupation within a reasonably short period are good.

If that evidence is deemed satisfactory for this purpose, the determination of whether any work is

suitable with respect to that individual shall be made in accordance with the definition of suitable

work for regular benefit claimants in § 28-44-20 without regard to the definition specified by

subsection (a) of this section.

(3) For the purpose of paragraph (1)(ii) of this subsection, an individual shall be treated as

actively engaged in seeking work during any week if:

(i) The individual has engaged in a systematic and sustained effort to obtain work during

that week;

(ii) The individual furnishes tangible evidence that he or she has engaged in that effort

during that week; and

(iii) The director shall give written notice of the minimum requirements necessary to satisfy

the requirements of this subsection prior to the individual's exhaustion of regular benefits provided

under chapters 42 -- 44 of this title.

(4) Notwithstanding the provisions of subdivision (a)(8) of this section to the contrary, no

work shall be deemed to be suitable work for an individual which does not accord with the labor

standard provisions required by 26 U.S.C. § 3304(a)(5) and set forth under § 28-44-20(a) and (b).

(e) Cessation of extended benefits when paid under interstate claim in a state where

extended benefit period is not in effect.

(1) Except as provided in subdivision (2) of this subsection, an individual shall not be

eligible for extended benefits for any week beginning on or after June 1, 1981, if:

(i) Extended benefits are payable for that week pursuant to an interstate claim filed in any

state under the interstate benefit payment plan; and

(ii) No extended benefit period is in effect for that week in that state.

(2) Subdivision (1) of this subsection shall not apply with respect to the first two (2) weeks

for which extended benefits are payable, determined without regard to this subsection, pursuant to

an interstate claim filed under the interstate benefit payment plan to the individual from the

extended benefit account established for the individual with respect to the benefit year.

(f) Suitable work. The employment service shall refer any claimant entitled to extended

benefits under chapters 42 -- 44 of this title to any suitable work which meets the criteria prescribed

in subsection (a) of this section.

(g) Weekly extended benefit amount. The weekly extended benefit amount payable to an

individual for a week of total unemployment in his or her eligibility period shall be an amount equal

to the weekly benefit amount, including dependent's allowances, payable to him or her for a week

of total unemployment during his or her benefit year.

(h) Maximum extended benefit amount.

(1) The maximum extended benefit amount payable to any eligible individual with respect

to the applicable benefit year shall be the least of the following amounts, determined on the basis

of the specified regular benefit amounts which were payable, or paid, whichever is applicable, to

the individual in the benefit year:

(i) Fifty percent (50%) of the maximum potential regular benefits, including dependents'

allowances, which were payable to the individual under chapters 42 -- 44 of this title in the benefit

year, or

(ii) Thirteen (13) times the individual's weekly benefit amount, including dependents'

allowances, which was payable to the individual under chapters 42 -- 44 of this title for a week of

total unemployment in the benefit year.

(2) Effective with respect to weeks beginning in a high unemployment period, the

maximum extended benefit amount payable to any eligible individual with respect to the applicable

benefit year shall be the least of the following amounts, determined on the basis of the specified

regular benefit amounts which were payable, or paid, whichever is applicable, to the individual in

the benefit year:

(i)(A) Eighty percent (80%) of the maximum potential regular benefits, including

dependents' allowances, which were payable to the individual under chapters 42 -- 44 of this title

in the benefit year, or

(B) Twenty (20) times the individual's weekly benefit amount, including dependents'

allowances, which was payable to the individual under chapters 42 -- 44 of this title in the benefit

year.

(ii) For the purposes of this subdivision, the term "high unemployment period" means any

period during which an extended benefit period would be in effect if item (a)(1)(iii)(C)(I) or item

(a)(1)(iv)(C)(I) of this section were applied by substituting "eight percent" ("8%") for "6.5 percent"

("6.5%").

(3) Notwithstanding any other provisions of this chapter, if the benefit year of any

individual ends within an extended benefit period, the remaining balance of extended benefits that

the individual would, but for this subsection, be entitled to receive in that extended benefit period,

with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced,

but not below zero (0), by the product of the number of weeks for which the individual received

any amounts as trade readjustment allowances within that benefit year, multiplied by the

individual's weekly benefit amount for extended benefits.

(i) Beginning and termination of extended benefit period. Whenever an extended benefit

period is to become effective in this state as a result of a state "on" indicator, or an extended benefit

period is to be terminated in this state as a result of a state "off " indicator, the director shall make

an appropriate public announcement.

(j) If the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C.

§ 3304) is amended so as to authorize this state to pay benefits for an extended benefit period in a

manner other than that currently provided by this section, then, and in that case, all the terms and

conditions contained in the amended provisions of that federal law shall become a part of this

section to the extent necessary to authorize the payment of benefits to eligible individuals as

permitted under that amended provision.

28-44-69. Work-sharing benefits.

(a) Definitions. As used in this section, unless the context clearly requires otherwise:

(1) "Affected unit" means a specified plant, department, shift, or other definable unit

consisting of two (2) or more employees to which an approved work-sharing plan applies.

(2) "Eligible employee" means an individual who usually works for the employer

submitting a work-sharing plan.

(3) "Eligible employer" means any employer who has had contributions credited to his or

her account and benefits have been chargeable to this account, or who has elected to reimburse the

fund in lieu of paying contributions, and who is not delinquent in the payment of contributions or

reimbursements as required by chapters 42 -- 44, inclusive of this title.

(4) "Fringe benefits" include, but are not limited to, health insurance, retirement benefits,

paid vacation and holidays, sick leave, and similar advantages that are incidents of employment.

(5) "Intermittent employment" means employment that is not continuous but may consist

of periodic intervals of weekly work and intervals of no weekly work.

(6) "Seasonal employment" means employment with an employer who displays a twenty

percent (20%) difference between its highest level of employment and its lowest level of

employment each year for the three (3) previous calendar years as reported to the department of

labor and training, or as shown in the information that is available and satisfactory to the director.

(7) "Temporary employment" means employment where an employee is expected to

remain in a position for only a limited period of time and/or is hired by a temporary agency to fill

a gap in an employer's workforce.

(8) "Usual weekly hours of work" means the normal hours of work each week for an

employee in an affected unit when that unit is operating on a full-time basis, not to exceed forty

(40) hours and not including overtime.

(9) "Work-sharing benefits" means benefits payable to employees in an affected unit under

an approved work-sharing plan.

(10) "Work-sharing employer" means an employer with an approved work-sharing plan in

effect.

(11) "Work-sharing plan" means a plan submitted by an employer under which there is a

reduction in the number of hours worked by the employees in the affected unit in lieu of layoffs of

some of the employees.

(b)(1) Criteria for approval of a work-sharing plan. An employer wishing to participate in

the work-sharing program shall submit a signed, written work-sharing plan to the director for

approval. The director shall approve a work-sharing plan only if the following requirements are

met:

(i) The plan identifies the affected unit, or units, and specifies the effective date of the plan;

(ii) The employees in the affected unit, or units, are identified by name; social security

number; the usual weekly hours of work; proposed wage and hour reduction; and any other

information that the director shall require;

(iii) The plan certifies that the reduction in the usual weekly hours of work is in lieu of

layoffs that would have affected at least 10 percent (10%) of the employees in the affected unit, or

units, to which the plan applies and that would have resulted in an equivalent reduction in work

hours;

(iv) The usual weekly hours of work for employees in the affected unit, or units, are reduced

by not less than 10 percent (10%) and not more than 50 percent (50%);

(v) If the employer provides health benefits and/or retirement benefits under a defined-

benefit plan as defined in 26 U.S.C. § 414(j) of the Internal Revenue Code or contributions under

a defined-contribution plan as defined in 26 U.S.C. § 414(i) of the Internal Revenue Code to any

employee whose workweek is reduced under the program, the employer certifies that such benefits

will continue to be provided to employees participating in the work-sharing program under the

same terms and conditions as though the workweek of such employee had not been reduced or to

the same extent as other employees not participating in the work-sharing program;

(vi) In the case of employees represented by a collective bargaining agent or union, the

plan is approved in writing by the collective bargaining agents or unions that cover the affected

employees. In the absence of any collective bargaining agent or union, the plan must contain a

certification by the employer that the proposed plan, or a summary of the plan, has been made

available to each employee in the affected unit;

(vii) The plan will not serve as a subsidy of seasonal employment during the off season,

nor as a subsidy for temporary or intermittent employment;

(viii) The employer agrees to furnish reports relating to the proper conduct of the plan and

agrees to allow the director, or his or her authorized representatives, access to all records necessary

to verify the plan prior to approval and, after approval, to monitor and evaluate application of the

plan;

(ix) The employer describes the manner in which the requirements of this section will be

implemented (including a plan for giving notice, where feasible, to an employee whose workweek

is to be reduced) together with an estimate of the number of layoffs that would have occurred absent

the ability to participate in the work-sharing program and such other information as the director of

the department of labor and training determines is appropriate;

(x) The employer attests that the terms of the employer's written plan and implementation

are consistent with the employer's obligations under applicable federal and state laws; and

(xi) In addition to the matters previously specified in this section, the director shall take

into account any other factors that may be pertinent to proper implementation of the plan.

The reasons for rejection shall be final and not subject to appeal. The employer shall be allowed to

submit another plan for consideration and that determination will be made based upon the new data

submitted by the interested employer.

(d) Effective date and duration of the plan. A work-sharing plan shall be effective on the

date that is mutually agreed upon by the employer and the director, which shall be specified in the

notice of approval sent to the employer. It shall expire at the end of the twelfth, full-calendar month

after its effective date, or on the date specified in the plan if that date is earlier; provided that the

plan is not previously revoked by the director. If a plan is revoked by the director, it shall terminate

on the date specified in the director's written order of revocation.

(e) Revocation of approval. The director may revoke approval of a work-sharing plan for

good cause. The revocation order shall be in writing and shall specify the date the revocation is

effective and the reasons for it. The revocation order shall be final and not subject to appeal.

(1) Good cause shall include, but not be limited to: (i) Failure to comply with assurances

given in the plan; (ii) Unreasonable revision of productivity standards for the affected unit; (iii)

Conduct or occurrences tending to defeat the intent and effective operation of the plan; and (iv)

Violation of any criteria on which approval of the plan was based.

(2) The action may be taken at any time by the director on his or her own motion; on the

motion of any of the affected unit's employees; or on the motion of the collective bargaining agent

or agents. The director shall review the operation of each qualified employer plan at least once

during the period the plan is in effect to assure its compliance with the work-sharing requirements.

(f) Modification of the plan. An operational approved, work-sharing plan may be modified

by the employer with the consent of the collective bargaining agent or agents, if any, if the

modification is not substantial and is in conformity with the plan approved by the director, provided

the modifications are reported promptly to the director by the employer. If the hours of work are

increased or decreased substantially beyond the level in the original plan, or any other conditions

are changed substantially, the director shall approve or disapprove the modifications without

changing the expiration date of the original plan. If the substantial modifications do not meet the

requirements for approval, the director shall disallow that portion of the plan in writing. The

decision of the director shall be final and not subject to appeal.

(g) Eligibility for work-sharing benefits. An individual is eligible to receive work-sharing

benefits, subsequent to serving a waiting period as prescribed by the director, with respect to any

week only if, in addition to meeting other conditions of eligibility for regular benefits under this

title that are not inconsistent with this section, the director finds that:

(1) During the week, the individual is employed as a member of an affected unit under an

approved work-sharing plan that was approved prior to that week, and the plan is in effect with

respect to the week for which work-sharing benefits are claimed.

(2) The individual is able to work and is available for the normal work week with the work-

sharing employer.

(3) Notwithstanding any other provisions of this chapter to the contrary, an individual is

deemed unemployed in any week for which remuneration is payable to him or her as an employee

in an affected unit for less than his or her normal weekly hours of work as specified under the

approved work-sharing plan in effect for the week.

(4) Notwithstanding any other provisions of this title to the contrary, an individual shall

not be denied work-sharing benefits for any week by reason of the application of provisions relating

to the availability for work and active search for work with an employer other than the work-sharing

employer.

(5) Notwithstanding any other provisions of this title to the contrary, eligible employees

may participate, as appropriate, in training (including employer-sponsored training or worker

training funded under the Workforce Investment Act of 1998 United States Public Law 113-128,

the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.) to enhance

job skills if such program has been approved by the state agency.

(h)(1) Work-sharing benefits. The work-sharing weekly benefit amount shall be the

product of the regular, weekly benefit rate, including any dependents' allowances, multiplied by the

percentage reduction in the individual's usual weekly hours of work as specified in the approved

plan. If the work-sharing, weekly benefit amount is not an exact multiple of one dollar ($1.00), then

the weekly benefit amount shall be rounded down to the next, lower multiple of one dollar ($1.00).

(2) An individual may be eligible for work-sharing benefits or regular unemployment

compensation, as appropriate, except that no individual shall be eligible for combined benefits in

any benefit year in an amount more than the maximum entitlement established for unemployment

compensation, nor shall an individual be paid work-sharing benefits for more than fifty-two (52)

weeks, whether or not consecutive, in any benefit year pursuant to an approved work-sharing plan.

(3) The work-sharing benefits paid shall be deducted from the maximum-entitlement

amount established for that individual's benefit year.

(4) If an employer approves time off and the worker has performed some work during the

week, the individual is eligible for work-sharing benefits based on the combined work and paid

leave hours for that week. If the employer does not grant time off, the question of availability must

be investigated.

(5) If an employee was sick and consequently did not work all the hours offered by the

work-sharing employer in a given week, the employee will be denied work-sharing benefits for that

week.

(6) Claims for work-sharing benefits shall be filed in the same manner as claims for

unemployment compensation or as prescribed in regulations by the director.

(7) Provisions applicable to unemployment compensation claimants shall apply to work-

sharing claimants to the extent that they are not inconsistent with the established work-sharing

provisions. An individual who files an initial claim for work-sharing benefits shall be provided, if

eligible for benefits, a monetary determination of entitlement to work-sharing benefits and shall

serve a waiting week.

(8) If an individual works in the same week for an employer other than the work-sharing

employer, the individual's work-sharing benefits shall be computed in the same manner as if the

individual worked solely with the work-sharing employer. If the individual is not able to work, or

is not available for the normal work week with the work-sharing employer, then no work-sharing

benefits shall be payable to that individual for that week.

(9) An individual who performs no services during a week for the work-sharing employer

and is otherwise eligible shall be paid the full, weekly unemployment compensation amount. That

week shall not be counted as a week with respect to which work-sharing benefits were received.

(10) An individual who does not work for the work-sharing employer during a week, but

works for another employer and is otherwise eligible, shall be paid benefits for that week under the

partial unemployment compensation provisions of this chapter. That week shall not be counted as

a week with respect to which work-sharing benefits were received.

(11) Nothing in the section shall preclude an otherwise eligible individual from receiving

total or partial unemployment benefits when the individual's work-sharing benefits have been

exhausted.

(i) Benefit charges. Work-sharing benefits shall be charged to employer accounts in the

same manner as regular benefits in accordance with the provisions of §§ 28-43-3 and 28-43-29.

Notwithstanding the above, any work-sharing benefits paid on or after July 1, 2013, that are eligible

for federal reimbursement, shall not be chargeable to employer accounts and employers liable for

payments in lieu of contributions shall not be responsible for reimbursing the employment security

fund for any benefits paid to their employees on or after July 1, 2013, that are reimbursed by the

federal government.

(j) Extended benefits. An individual who has received all of the unemployment

compensation or combined unemployment compensation and work-sharing benefits available in a

benefit year shall be considered an exhaustee for purposes of extended benefits, as provided under

the provisions of § 28-44-62, and, if otherwise eligible under those provisions, shall be eligible to

receive extended benefits.

(k) Severability. If any provision of this section, or its application to any person or

circumstance, is held invalid under federal law, the remainder of the section and the application of

that provision to other persons or circumstances shall not be affected by that invalidity.

SECTION 23. Sections 28-45-14 and 28-45-15 of the General laws in Chapter 28-45

entitled “Apprenticeship Programs in Trade and Industry” are hereby amended to read as follows:

28-45-14. State EEO plan.

The apprenticeship program shall operate in conformance with state law, including the

EEO equal employment opportunity standards and regulations.

28-45-15. Deregistration of program.

(a) Deregistration of a program may be effected upon the voluntary action of the sponsor

by a request for cancellation of the registration, or upon reasonable cause, by the department of

labor and training instituting formal deregistration proceedings in accordance with provisions of 29

C.F.R. 7 29 C.F.R. 29.8.

(b) The department of labor and training may cancel the registration of an apprenticeship

program by written acknowledgment of such request stating the following:

(1) The registration is canceled at sponsor's request, and effective date thereof;

(2) That, within fifteen (15) days of the date of the acknowledgment, the sponsor shall

notify all apprentices of such cancellation and the effective date; that such cancellation

automatically deprives the apprentice of his/her individual registration; and that the deregistration

of the program removes the apprentice from coverage for federal purposes which require the

secretary of the U.S. department of labor's approval of an apprenticeship program.

as follows:

(1) Deregistration proceedings may be undertaken when the apprenticeship program is not

conducted, operated, and administered in accordance with the registered provisions or the

requirements of this chapter, except that deregistration proceedings for violation of equal

opportunity requirements shall be processed in accordance with the provisions under 29 C.F.R. part

30, as amended;

(2) Where it appears the program is not being operated in accordance with the registered

standards or with the requirements of this chapter, the department of labor and training shall so

notify the program sponsor in writing;

(3) Notice to the sponsor must contain the following elements:

(i) Be sent by registered or certified mail, with return receipt requested;

(ii) State the shortcoming(s) and the remedy required; and

(iii) State that a determination of reasonable cause for deregistration will be made unless

corrective action is effected within thirty (30) days.

(d) Upon request by the sponsor for good cause, the thirty (30) day term may be extended

for another thirty (30) days. During the period for correction, the sponsor shall be assisted in every

reasonable way to achieve conformity;

(e) If the required correction is not effected within the allotted time, the department of labor

and training shall send a notice to the sponsor, by registered or certified mail, return receipt

requested, stating the following:

(1) The notice is sent pursuant to this subsection;

(2) Certain deficiencies (stating them) were called to the sponsor's attention and remedial

measures requested, with dates of such occasions and letters; and that the sponsor has failed or

refused to effect correction;

(3) Based upon the stated deficiencies and failure of remedy, a determination of reasonable

cause has been made and the program may be deregistered unless, within fifteen (15) days of the

receipt of this notice, the sponsor requests a hearing;

(4) If a request for a hearing is not made, the entire matter may be decided by the

department of labor and training.

(f) If the sponsor requests a hearing, the department of labor and training shall transmit to

the U.S. department of labor, administrator, OA office of apprenticeship, a report containing all

pertinent facts and circumstances concerning the nonconformity, including the findings and

recommendation for deregistration, and copies of all relevant documents and records. Statements

concerning interviews, meetings and conferences shall include the time, date, place, and persons

present. The administrator shall make a final order on the basis of the record before him. The

administrator will refer the matter to the office of administrative law judges. An administrative law

judge will convene a hearing in accordance with 29 C.F.R. § 29.10, and issue a decision as required

in 29 C.F.R. § 29.10(c).

(g) At his/her discretion, the secretary may allow the sponsor a reasonable time to achieve

voluntary corrective action. If the secretary's decision is that the apprenticeship program is not

operating in accordance with the registered provisions or requirements of this part, the

apprenticeship program shall be deregistered. In each case in which reregistration is ordered, the

secretary shall make public notice of the order and shall notify the sponsor.

(h) Every order of deregistration shall contain a provision that the sponsor shall, within

fifteen (15) days of the effective date of the order, notify all registered apprentices of the

deregistration apprentice or his/her individual registration; and that the deregistration removes the

apprentice from coverage for federal purposes which require the secretary of labor's approval of an

apprenticeship program.

(i) Any apprenticeship program deregistered pursuant to this part may be reinstated upon

presentation of adequate evidence that the apprenticeship program is operating in accordance with

this part. Such evidence shall be presented to the administrator, OA office of apprenticeship, if

the sponsor had not requested a hearing, or to the secretary, if an order of deregistration was entered

pursuant to a hearing.

(j) Within ten (10) days of his/her receipt of a request for a hearing, the administrator of

apprenticeship must contact the department of labor's office of administrative law judges to request

a designation of an administrative law judge to preside over the hearing. The administrative law

judge shall give reasonable notice of such hearing by registered mail, return receipt requested, to

the appropriate sponsor. Such notice shall include:

(1) A reasonable time and place of hearing;

(2) A statement of the provisions of this part pursuant to which the hearing is to be held;

and

(3) A concise statement of the matters pursuant to which the action forming the basis of

the hearing is proposed to be taken.

(k) The administrative law judge shall regulate the course of the hearing. Hearings shall be

informally conducted. Every party shall have the right to counsel, and a fair opportunity to present

his/her case, including such cross-examination as may be appropriate in the circumstances.

Administrative law judges shall make their proposed findings and recommended decisions to the

secretary upon the basis of the record before him.

SECTION 24. Sections 28-50-4 and 28-50-9 of the General Laws in Chapter 28-50 entitled

“The Rhode Island Whistleblowers’ Protection Act” are hereby amended to read as follows:

28-50-4. Relief and damages.

(a) A person who alleges a violation of this act chapter may bring a civil action for

appropriate injunctive relief, or treble damages, or both within three (3) years after the occurrence

of the alleged violation of this chapter.

(b) An action commenced pursuant to subsection (a) may be brought in the superior court

for the county where the alleged violation occurred, the county where the complainant resides, or

the county where the person against whom the civil complaint is filed resides or has their principal

place of business.

caused by each violation of this chapter.

(d) [Deleted by P.L. 2012, ch. 306, § 5 and P.L. 2012, ch. 344, § 5.]

28-50-9. Severability.

If any provision of this chapter or its application to any person or circumstances is held

invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or

applications of this act chapter which can be given effect without the invalid or unconstitutional

provision or application, and to this end the provisions of this chapter are declared to be severable.

ARTICLE II--STATUTORY CONSTRUCTION

SECTION 1. Section 5-19.1-2 of the General Laws in chapter 5-19.1 entitled “Pharmacies”

is hereby amended to read as follows:

5-19.1-2. Definitions.

(a) "Biological product" means a "biological product" as defined in the "Public Health

Service Act," 42 U.S.C. § 262.

(b) "Board" means the Rhode Island board of pharmacy.

(1) In the case of a pharmacy, manufacturer, or wholesaler that is a partnership, any change

that results in a new partner acquiring a controlling interest in the partnership;

(2) In the case of a pharmacy, manufacturer, or wholesaler that is a sole proprietorship, the

transfer of the title and property to another person;

(3) In the case of a pharmacy, manufacturer, or wholesaler that is a corporation:

(i) A sale, lease exchange, or other disposition of all, or substantially all, of the property

and assets of the corporation; or

(ii) A merger of the corporation into another corporation; or

(iii) The consolidation of two (2) or more corporations resulting in the creation of a new

corporation; or

(iv) In the case of a pharmacy, manufacturer, or wholesaler that is a business corporation,

any transfer of corporate stock that results in a new person acquiring a controlling interest in the

corporation; or

(v) In the case of a pharmacy, manufacturer, or wholesaler that is a non-business

corporation, any change in membership that results in a new person acquiring a controlling vote in

the corporation.

(d) "Compounding" means the act of combining two (2) or more ingredients as a result of

a practitioner's prescription or medication order occurring in the course of professional practice

based upon the individual needs of a patient and a relationship between the practitioner, patient,

and pharmacist. Compounding does not mean the routine preparation, mixing, or assembling of

drug products that are essentially copies of a commercially available product. Compounding shall

only occur in the pharmacy where the drug or device is dispensed to the patient or caregiver and

includes the preparation of drugs or devices in anticipation of prescription orders based upon

routine, regularly observed prescribing patterns.

(e) "Controlled substance" means a drug or substance, or an immediate precursor of such

drug or substance, so designated under, or pursuant to, the provisions of chapter 28 of title 21.

(f) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one

person to another of a drug or device, whether or not there is an agency relationship.

(g) "Device" means instruments, apparatus, and contrivances, including their components,

parts, and accessories, intended:

(1) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans

or other animals; or

(2) To affect the structure or any function of the body of humans or other animals.

(h) "Director" means the director of the Rhode Island state department of health.

(i) "Dispense" means the interpretation of a prescription or order for a drug, biological

product, or device and, pursuant to that prescription or order, the proper selection, measuring,

compounding, labeling, or packaging necessary to prepare that prescription or order for delivery or

administration.

(j) "Distribute" means the delivery of a drug or device other than by administering or

dispensing.

(k) "Drug" means:

(1) Articles recognized in the official United States Pharmacopoeia or the Official

Homeopathic Pharmacopoeia of the U.S.;

(2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention

of disease in humans or other animals;

(3) Substances (other than food) intended to affect the structure, or any function, of the

body of humans or other animals; or

(4) Substances intended for use as a component of any substances specified in subsection

(k)(1), (k)(2), or (k)(3), but not including devices or their component parts or accessories.

(l) "Equivalent and interchangeable" means a drug, excluding a biological product, having

the same generic name, dosage form, and labeled potency, meeting standards of the United States

Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation

of the requirements of the United States Food and Drug Administration, or its successor agency, or

the Rhode Island department of health.

(m) "Interchangeable biological product" means a biological product that the United States

Food and Drug Administration has:

(1) Licensed and determined meets the standards for interchangeability pursuant to 42

U.S.C. § 262(k)(4) or lists of licensed, biological products with reference product exclusivity and

biosimilarity or interchangeability evaluations; or

(2) Determined is therapeutically equivalent as set forth in the latest edition of, or

supplement to, the United States Food and Drug Administration's Approved Drug Products with

Therapeutic Equivalence Evaluations.

(n) "Intern" means:

(1) A graduate of an American Council on Pharmaceutical Education (ACPE)-accredited

program of pharmacy;

(2) A student who is enrolled in at least the first year of a professional ACPE-accredited

program of pharmacy; or

(3) A graduate of a foreign college of pharmacy who has obtained full certification from

the FPGEC (Foreign Pharmacy Graduate Equivalency Commission) administered by the National

Association of Boards of Pharmacy.

(o) "Legend drugs" means any drugs that are required by any applicable federal or state

law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.

(p) "Limited-function test" means those tests listed in the federal register under the Clinical

Laboratory Improvement Amendments of 1988 (CLIA) as waived tests. For the purposes of this

chapter, limited-function test shall include only the following: blood glucose, hemoglobin A1c,

cholesterol tests, and/or other tests that are classified as waived under CLIA and are approved by

the United States Food and Drug Administration for sale to the public without a prescription in the

form of an over-the-counter test kit.

(q) "Manufacture" means the production, preparation, propagation, compounding, or

processing of a drug or other substance or device or the packaging or repackaging.

(r) "Non-legend" or "nonprescription drugs" means any drugs that may be lawfully sold

without a prescription.

(s) "Person" means an individual, corporation, government, subdivision, or agency,

business trust, estate, trust, partnership, or association, or any other legal entity.

(t) "Pharmaceutical care" is the provision of drugs and other pharmaceutical services

intended to achieve outcomes related to cure or prevention of a disease, elimination or reduction of

a patient's symptoms, or arresting or slowing of a disease process. "Pharmaceutical care" includes

the judgment of a pharmacist in dispensing an equivalent and interchangeable drug or device in

response to a prescription after appropriate communication with the prescriber and the patient.

(u) "Pharmacist in charge" means a pharmacist licensed in this state as designated by the

owner as the person responsible for the operation of a pharmacy in conformance with all laws and

regulations pertinent to the practice of pharmacy and who is personally in full and actual charge of

such pharmacy and personnel.

(v) "Pharmacy" means that portion or part of a premise where prescriptions are

compounded and dispensed, including that portion utilized for the storage of prescription or legend

drugs.

(w) "Pharmacy technician" means an individual who meets minimum qualifications

established by the board, that are less than those established by this chapter as necessary for

licensing as a pharmacist, and who works under the direction and supervision of a licensed

pharmacist.

(x) "Practice of pharmacy" means the interpretation, evaluation, and implementation of

medical orders; the dispensing of prescription drug orders; participation in drug and device

selection; the compounding of prescription drugs; drug regimen reviews and drug or drug-related

research; the administration of adult immunizations and, medications approved by the department

of health in consultation with the board of pharmacy for administration by a pharmacist except as

provided by § 5-25-7, pursuant to a valid prescription or physician-approved protocol and in

accordance with regulations, to include training requirements as promulgated by the department of

health; the administration of all forms of influenza immunizations to individuals between the ages

of nine (9) years and eighteen (18) years, inclusive, pursuant to a valid prescription or prescriber-

approved protocol, in accordance with the provisions of § 5-19.1-31 and in accordance with

regulations, to include necessary training requirements specific to the administration of influenza

immunizations to individuals between the ages of nine (9) years and eighteen (18) years, inclusive,

as promulgated by the department of health; provision of patient counseling and the provision of

those acts or services necessary to provide pharmaceutical care; the responsibility for the

supervision for compounding and labeling of drugs and devices (except labeling by a manufacturer,

repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and

devices), proper and safe storage of drugs and devices, and maintenance of proper records for them;

and the performance of clinical laboratory tests, provided such testing is limited to limited-function

tests as defined herein. Nothing in this definition shall be construed to limit or otherwise affect the

scope of practice of any other profession.

(y) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly

authorized by law in the state in which they practice to prescribe drugs.

(z) "Preceptor" means a pharmacist registered to engage in the practice of pharmacy in this

state who has the responsibility for training interns.

(aa) "Prescription" means an order for drugs or devices issued by the practitioner duly

authorized by law in the state in which he or she practices to prescribe drugs or devices in the course

of his or her professional practice for a legitimate medical purpose.

(bb) "Wholesaler" means a person who buys drugs or devices for resale and distribution to

corporations, individuals, or entities other than consumers.

SECTION 2. Section 5-37.7-3 of the general laws in chapter 5-37.7 entitled “Rhode Island

Health Information Exchange Act of 2008” is hereby amended to read as follows:

5-37.7-3. Definitions.

As used in this chapter:

(1) "Authorized representative" means:

(i) A person empowered by the patient to assert or to waive confidentiality, or to disclose

or authorize the disclosure of confidential information, as established by this chapter. That person

is not, except by explicit authorization, empowered to waive confidentiality or to disclose or

consent to the disclosure of confidential information; or

(ii) A person appointed by the patient to make healthcare decisions on his or her behalf

through a valid durable power of attorney for health care as set forth in § 23-4.10-2; or

(iii) A guardian or conservator, with authority to make healthcare decisions, if the patient

is decisionally impaired; or

(iv) Another legally appropriate medical decision maker temporarily if the patient is

decisionally impaired and no healthcare agent, guardian, or conservator is available; or

(v) If the patient is deceased, his or her personal representative or, in the absence of that

representative, his or her heirs-at-law; or

(vi) A parent with the authority to make healthcare decisions for the parent's child; or

(vii) A person authorized by the patient or his or her authorized representative to access

their confidential healthcare information from the HIE, including family members or other proxies

as designated by the patient, to assist the patient participant with the coordination of their care.

(2) "Business associate" means a business associate as defined by HIPAA.

(3) "Confidential healthcare information" means all information relating to a patient's

healthcare history, diagnosis, condition, treatment, or evaluation.

(4) "Coordination of care" means the process of coordinating, planning, monitoring, and/or

sharing information relating to, and assessing a care plan for, treatment of a patient.

(5) "Data-submitting partner" means an individual, organization, or entity who or that has

entered into a business associate agreement with the RHIO and submits a patient's confidential

healthcare information through the HIE.

(6) "Department of health" means the Rhode Island department of health.

(7) "Disclosure report" means a report generated by the HIE relating to the record of access

to, review of, and/or disclosure of a patient's confidential healthcare information received, accessed,

or held by the HIE.

(8) "Electronic mobilization" means the capability to move confidential health information

electronically between disparate healthcare information systems while maintaining the accuracy of

the information being exchanged.

(9) "Emergency" means the sudden onset of a medical, mental, or substance use, or other

condition manifesting itself by acute symptoms of severity (e.g., severe pain) where the absence of

medical attention could reasonably be expected, by a prudent layperson, to result in placing the

patient's health in serious jeopardy, serious impairment to bodily or mental functions, or serious

dysfunction of any bodily organ or part.

(10) "Healthcare provider" means any person or entity licensed by this state to provide or

lawfully providing healthcare services, including, but not limited to, a physician, hospital,

intermediate-care facility or other healthcare facility, dentist, nurse, optometrist, podiatrist,

physical therapist, psychiatric social worker, pharmacist, or psychologist, and any officer,

employee, or agent of that provider acting in the course and scope of his or her employment or

agency related to or supportive of healthcare services.

(11) "Healthcare services" means acts of diagnosis, treatment, medical evaluation, referral,

or counseling, or any other acts that may be permissible under the healthcare licensing statutes of

this state.

(12) "Health Information Exchange" or "HIE" means the technical system operated, or to

be operated, by the RHIO under state authority allowing for the statewide electronic mobilization

of confidential healthcare information, pursuant to this chapter.

(13) "Health plan" means an individual plan or a group plan that provides, or pays the cost

of, healthcare services for a patient.

(14) "HIE Advisory Commission" means the advisory body established by the department

of health in order to provide community input and policy recommendations regarding the use of

the confidential healthcare information of the HIE.

(15) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as

amended.

(16) "Opt out" means the ability of a patient to choose to not have their confidential

healthcare information disclosed from HIE in accordance with § 5-37.7-7.

(17) "Patient” means a person who receives healthcare services from a provider participant.

(18) "Provider participant" means a pharmacy, laboratory, healthcare provider, or health

plan who or that is providing healthcare services or pays for the cost of healthcare services for a

patient and/or is submitting and/or accessing healthcare information through the HIE and has

executed an electronic and/or written agreement regarding disclosure, access, receipt, retention, or

release of confidential healthcare information from the HIE.

(19) "Regional health information organization" or "RHIO" means the organization

designated as the RHIO by the state to provide administrative and operational support to the HIE.

SECTION 3. Section 8-6-2 of the general laws in Chapter 8-6 entitled “General Powers of

Supreme and Superior Courts” is hereby amended to read as follows:

8-6-2. Rules of practice and procedure.

(a) The supreme court, the superior court, the family court, the district court, and the

workers' compensation court, by a majority of their members, shall have the power to make rules

for regulating practice, procedure, and business therein. The chief magistrate of the traffic tribunal

shall have the power to make rules for regulating practice, procedure, and business in the traffic

tribunal. The rules of the superior, family, district court, workers' compensation court, and the

traffic tribunal shall be subject to the approval of the supreme court. Such rules, when effective,

shall supersede any statutory regulation in conflict therewith.

(b) In prescribing such rules, the court shall have regard to the simplification of the system

of pleading, practice, and procedure in the courts in which the rules shall apply in order to promote

the speedy determination of litigation on the merits; provided, however, that each respective court

shall not in the rules of procedure require a party to a civil action to produce either by discovery,

motion, to produce or interrogatory an income tax return, W-2 statement, or copies thereof. The

rules presently in effect in the courts of the judicial system shall remain and continue in force and

effect until revised, amended, repealed, or superseded by rules adopted in accordance with this

section.

SECTION 4. Section 12-1.3-5 of the General Laws in Chapter 12-1.3 entitled

"Expungement of Criminal Records" is hereby amended to read as follows:

12-1.3-5. Expungement of marijuana records.

(a) Any person with a prior civil violation, misdemeanor or felony conviction for

possession only of a marijuana offense that has been decriminalized subsequent to the date of

conviction shall be entitled to have the civil violation or criminal conviction automatically

expunged, notwithstanding the provisions of chapter 1.3 of title 12. For purposes of this section,

"conviction" means, in addition to judgments of conviction entered by a court subsequent to a

finding of guilty, or plea of guilty, those instances where the defendant has entered a plea of nolo

contendere and has received a jail sentence or a suspended jail sentence, or those instances wherein

the defendant has entered into a deferred sentence agreement with the Rhode Island attorney

general and the period of deferment has not been completed.

(b) Records shall be expunged pursuant to procedures and a timeline to be determined by

the presiding chief justice; provided however, that all eligible records shall be expunged before

July 1, 2024.

of a prior misdemeanor or felony conviction for possession only of a marijuana offense that has

been decriminalized subsequent to the date of conviction. Any such expedited procedure shall

require a written request by the person requesting expungement, and any expedited expungement

shall be granted in accordance with a timeline to be determined by the presiding chief justice.

(d) If the amount of marijuana is not stated in the record of conviction or any related record,

report or document, then the court shall presume the amount to have been two ounces (2 oz.) or

less.

(e) Any person who has been incarcerated for misdemeanor or felony possession of

marijuana shall have all court costs waived with respect to expungement of his or her criminal

record under this section.

(f) If the court determines a record is to be expunged in accordance with the provisions of

this section, it shall order all records and records of conviction or civil adjudication relating to the

conviction or civil adjudication expunged and all index and other references to it removed from

public inspection. Within a reasonable time, the court shall send a copy of the order to the

department of the attorney general, the police department that originally brought the charge against

the person, and any other agency known by the petitioner to have possession of the records of

conviction or adjudication.

(g) Eligible expungement of convictions and civil adjudications pursuant to this section

shall be granted notwithstanding the existence of:

(1) Prior arrests, convictions, or civil adjudications including convictions for crimes of

violence as defined by § 12-1.3-1;

(2) Pending criminal proceedings; and

(3) Outstanding court-imposed or court-related fees, fines, costs, assessments or charges.

Any outstanding fees, fines, costs, assessments or charges related to the eligible conviction or civil

adjudication shall be waived.

(h) Nothing in this section shall be construed to restrict or modify a person's right to have

their records expunged, except as otherwise may be provided in this chapter, or diminish or

abrogate any rights or remedies otherwise available to the individual.

(i) The existence of convictions in other counts within the same case that are not eligible

for expungement pursuant to this section or other applicable laws shall not prevent any conviction

otherwise eligible for expungement under this section from being expunged pursuant to this section.

In such circumstances, the court shall make clear in its order what counts are expunged and what

counts are not expunged and/or remain convictions. In such circumstances, notwithstanding

subsection (e) of this section, any expungement pursuant to this subsection shall not affect the

records related to any count or conviction in the same case that are not eligible for expungement.

(j) Nothing in this section shall be construed to require the court or any other private or

public agency to reimburse any petitioner for fines, fees, and costs previously incurred, paid or

collected in association with the eligible conviction or civil adjudication.

(k) Any conviction or civil adjudication ordered expunged pursuant to this section shall not

be considered as a prior conviction or civil adjudication when determining the sentence to be

imposed for any subsequent crime or civil violation.

(l) In any application for employment, license, or other civil right or privilege, or any

appearance as a witness, a person whose conviction of a crime or civil adjudication has been

expunged pursuant to this chapter may state that he or she has never been convicted of the crime

or found to be a civil violator; provided, that, if the person is an applicant for a law enforcement

agency position, for admission to the bar of any court, an applicant for a teaching certificate, under

chapter 11 of title 16, a coaching certificate under § 16-11.1-1, or the operator or employee of an

early childhood education facility pursuant to chapter 48.1 of title 16, the person shall disclose the

fact of a conviction or civil adjudication.

(m) Whenever the records of any conviction or civil adjudication of an individual have

been expunged under the provisions of this section, any custodian of the records of conviction or

civil adjudication relating to that crime or violation shall not disclose the existence of the records

upon inquiry from any source, unless the inquiry is that of the individual whose record was

expunged, that of a bar admission, character and fitness, or disciplinary committee, board, or

agency, or court which is considering a bar admission, character and fitness, or disciplinary matter,

or that of the commissioner of elementary and secondary education, or that of any law enforcement

agency when the nature and character of the offense in which an individual is to be charged would

be affected by virtue of the person having been previously convicted or adjudicated of the same

offense. The custodian of any records which have been expunged pursuant to the provisions of this

section shall only release or allow access to those records for the purposes specified in this

subsection or by order of a court.

(n) The judiciary and its employees and agents are immune from any civil liability for any

act of commission or omission, taken in good faith, arising out of and in the course of participation

in, or assistance with the expungement procedures set forth in this section. This immunity shall be

in addition to and not in limitation of any other immunity provided by law.

SECTION 5. Section 12-19-9 of the General Laws in chapter 12-19 entitled “Sentence and

Execution” is hereby amended to read as follows:

12-19-9. Violation of terms of probation -- Notice to attorney general -- Revocation or

continuation of suspension.

(a) Whenever any person who has been placed on probation pursuant to § 12-9-8 12-19-8

violates the terms and conditions of his or her probation as fixed by the court, the police or the

probation authority shall inform the attorney general of the violation, and the attorney general shall

cause the defendant to appear before the court. The department of corrections division of

rehabilitative services shall promptly render a report relative to the conduct of the defendant, and

the information contained in any report under § 12-13-24.1. The division of rehabilitative services

may recommend that the time served up to that point is a sufficient response to a violation that is

not a new alleged crime. The court may order the defendant held without bail for a period not

exceeding ten (10) days, excluding Saturdays, Sundays, and holidays.

(b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by the

defendant to determine whether the defendant has violated the terms and conditions of his or her

probation, at which hearing the defendant shall have the opportunity to be present and to respond.

Upon a determination by a fair preponderance of the evidence that the defendant has violated the

terms and conditions of his or her probation, the court, in open court and in the presence of the

defendant, may:

(1) Remove the suspension and order the defendant committed on the sentence previously

imposed, or on a lesser sentence;

(2) Impose a sentence if one has not been previously imposed;

(3) Stay all or a portion of the sentence imposed after removal of the suspension;

(4) Continue the suspension of a sentence previously imposed; or

(5) Convert a sentence of probation without incarceration to a suspended sentence.

accordance with judicial sentencing benchmarks.

SECTION 6. Section 13-8.1-3 of the general laws in chapter 13-8.1 entitled “Medical and

Geriatric Parole” is hereby amended to read as follows:

13-8.1-3. Definitions.

As used in this chapter the following definitions shall apply:

(1) "Aging prisoner" means an individual who is sixty-five (65) years of age or older and

suffers from functional impairment, infirmity, or illness.

(2) "Cognitively incapacitated" means suffering from a cognitive condition, such as

dementia, that greatly impairs activities that are necessary for independence such as feeding,

toileting, dressing, and bathing and renders their incarceration non-punitive and non-rehabilitative.

(3) "Permanently physically incapacitated" means suffering from a physical condition

caused by injury, disease, illness, or persistent vegetative state, that, to a reasonable degree of

medical certainty, permanently and irreversibly physically incapacitates the individual to the extent

that the individual needs help with most of the activities that are necessary for independence, such

as feeding, toileting, dressing, and bathing and transferring, or no significant physical activity is

possible, or suffering from an incurable, progressive condition that substantially diminishes the

individual's capacity to function in a correctional setting.

(4) "Severely ill" means suffering from a significant and permanent or chronic physical

and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with little

to no possibility of recovery; and (2) Significantly impairs rehabilitation from further incarceration.

(5) "Terminally ill" means suffering from a condition caused by injury (except self-inflicted

injury), disease, or illness which, to a reasonable degree of medical certainty, is a life-limiting

diagnosis that will lead to profound functional, cognitive and/or physical decline, and likely will

result in death within eighteen (18) months.

SECTION 7. Section 14-1-6 of the general laws in chapter 14-1 entitled “Delinquent and

Dependent Children” is hereby amended to read as follows:

14-1-6. Retention of jurisdiction.

(a) When the court shall have obtained jurisdiction over any child prior to the child having

attained the age of eighteen (18) years by the filing of a petition alleging that the child is wayward

or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter,

continue under the jurisdiction of the court until he or she becomes nineteen (19) years of age,

unless discharged prior to turning nineteen (19).

(b) When the court shall have obtained jurisdiction over any child prior to the child's

eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the

child is dependent, neglected, or abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, the child

shall, except as specifically provided in this chapter, continue under the jurisdiction of the court

until he or she becomes eighteen (18) years of age; provided, that at least six (6) months prior to a

child turning eighteen (18) years of age, the court shall require the department of children, youth

and families to provide a description of the transition services including the child's housing, health

insurance, education and/or employment plan; available mentors and continuing support services,

including workforce supports and employment services afforded the child in placement; or a

detailed explanation as to the reason those services were not offered. As part of the transition

planning, the child shall be informed by the department of the opportunity to voluntarily agree to

extended care and placement by the department and legal supervision by the court until age twenty-

one (21). The details of a child's transition plan shall be developed in consultation with the child,

wherever possible, and approved by the court prior to the dismissal of an abuse, neglect,

dependency, or miscellaneous petition before the child's twenty-first birthday.

miscellaneous petition or a petition alleging that the child is dependent, neglected, or abused

pursuant to § 14-1-5, § 40-11-7, or § 42-72-14, may voluntarily elect to continue responsibility for

care and placement from DCYF and to remain under the legal supervision of the court as a young

adult until age twenty-one (21), provided:

(1) The young adult was in the legal custody of the department at age eighteen (18); and

(2) The young adult is participating in at least one of the following:

(i) Completing the requirements to receive a high school diploma or GED;

(ii) Completing a secondary education or a program leading to an equivalent credential;

enrolled in an institution that provides postsecondary or vocational education;

(iii) Participating in a job-training program or an activity designed to promote or remove

barriers to employment;

(iv) Be Is employed for at least eighty (80) hours per month; or

(v) Is Incapable incapable of doing any of the foregoing due to a medical condition that is

regularly updated and documented in the case plan.

(d) A former foster child who was adopted or placed in guardianship with an adoption

assistance agreement or a guardianship assistance agreement that was executed on or after his or

her sixteenth birthday and prior to his or her eighteenth birthday may voluntarily agree to extended

care and placement by the department and legal supervision by the court until age twenty-one (21)

if the young adult satisfies the requirements in subsection (c)(2). Provided, however, the department

retains the right to review the request and first attempt to address the issues through the adoption

assistance agreement by providing post adoptive or post guardianship support services to the young

adult and his or her adoptive or guardianship family.

(e) Upon the request of the young adult, who voluntarily agreed to the extension of care

and placement by the department and legal supervision by the court, pursuant to subsections (c)

and (d) of this section, the court's legal supervision and the department's responsibility for care and

placement may be terminated. Provided, however, the young adult may request reinstatement of

responsibility and resumption of the court's legal supervision at any time prior to his or her twenty-

first birthday if the young adult meets the requirements set forth in subsection (c)(2). If the

department wishes to terminate the court's legal supervision and its responsibility for care and

placement, it may file a motion for good cause. The court may exercise its discretion to terminate

legal supervision over the young adult at any time.

(f) With the consent of the person previously under the court's supervision, the court may

reopen, extend, or retain its jurisdiction beyond that person's twenty-first birthday until his or her

twenty-second birthday or until September 30, 2021, whichever date occurs first, under the

following circumstances:

(1) The person aged out of DCYF care or left foster care during the COVID-19 public

health emergency, defined as beginning on January 27, 2020, and is entitled to extended benefits

pursuant to the terms of the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260; and

(i) (2) The court has or had obtained jurisdiction over the person prior to his or her

eighteenth birthday by the filing of a miscellaneous petition or a petition alleging that the child is

dependent, abused, or neglected pursuant to § 14-1-5, § 40-11-7, or § 42-72-14 or after the person's

eighteenth birthday pursuant to a voluntary extension of care petition; and

(ii)(3) Court supervision is necessary for the department of children, youth and families to

access IV-E funding to support such benefits, in whole or in part; and

(iii)(4) Court supervision is required to continue transition planning and to ensure the

safety, permanency, and well-being of older youth who remain in or who age out of foster care and

re-enter foster care.

(g) The court may retain jurisdiction of any child who is seriously emotionally disturbed

or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age twenty-one

(21) when the court shall have obtained jurisdiction over any child prior to the child's eighteenth

birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent,

neglected, and/or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14.

(h) The department of children, youth and families shall work collaboratively with the

department of behavioral healthcare, developmental disabilities and hospitals, and other agencies,

in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals

who come under the court's jurisdiction pursuant to a petition alleging that the child is dependent,

neglected, and/or abused and who are seriously emotionally disturbed or developmentally delayed

pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan presented to the court by the

department of children, youth and families and the department of behavioral healthcare,

developmental disabilities and hospitals. The plan shall include the behavioral healthcare,

developmental disabilities and hospitals' community or residential service level, health insurance

option, education plan, available mentors, continuing support services, workforce supports and

employment services, and the plan shall be provided to the court at least twelve (12) months prior

to discharge. At least three (3) months prior to discharge, the plan shall identify the specific

placement for the child, if a residential placement is needed. The court shall monitor the transition

plan. In the instance where the department of behavioral healthcare, developmental disabilities and

hospitals has not made timely referrals to appropriate placements and services, the department of

children, youth and families may initiate referrals.

(i) The parent and/or guardian and/or guardian ad litem of a child who is seriously

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is

before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), § 40-11-7, or § 42-72-14, shall

be entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no

appropriate transition plan has been submitted to the court by the department of children, youth and

families and the department of behavioral healthcare, developmental disabilities and hospitals. The

family court shall require that the department of behavioral healthcare, developmental disabilities

and hospitals shall immediately identify a liaison to work with the department of children, youth

and families until the child reaches the age of twenty-one (21) and an immediate transition plan be

submitted if the following facts are found:

(1) No suitable transition plan has been presented to the court addressing the levels of

service appropriate to meet the needs of the child as identified by the department of behavioral

healthcare, developmental disabilities and hospitals; or

(2) No suitable housing options, health insurance, educational plan, available mentors,

continuing support services, workforce supports, and employment services have been identified for

the child.

(j) In any case where the court shall not have acquired jurisdiction over any person prior to

the person's eighteenth (18th) birthday by the filing of a petition alleging that the person had

committed an offense, but a petition alleging that the person had committed an offense that would

be punishable as a felony if committed by an adult has been filed before that person attains the age

of nineteen (19) years of age, that person shall, except as specifically provided in this chapter, be

subject to the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless

discharged prior to turning nineteen (19).

(k) In any case where the court shall not have acquired jurisdiction over any person prior

to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the

person had committed an offense prior to the person attaining the age of eighteen (18) years that

would be punishable as a felony if committed by an adult, that person shall be referred to the court

that had jurisdiction over the offense if it had been committed by an adult. The court shall have

jurisdiction to try that person for the offense committed prior to the person attaining the age of

eighteen (18) years and, upon conviction, may impose a sentence not exceeding the maximum

penalty provided for the conviction of that offense.

(l) In any case where the court has certified and adjudicated a child in accordance with the

provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power and

authority to sentence the child to a period in excess of the age of nineteen (19) years. However, in

no case shall the sentence be in excess of the maximum penalty provided by statute for the

conviction of the offense.

(m) Nothing in this section shall be construed to affect the jurisdiction of other courts over

offenses committed by any person after he or she reaches the age of eighteen (18) years.

SECTION 8. Section 15-7-7 of the general laws in chapter 15-7 entitled “Adoption of

Children” is hereby amended to read as follows:

15-7-7. Termination of parental rights.

(a) The court shall, upon a petition duly filed by a governmental child placement agency

or licensed child placement agency, or by the birthmother or guardian of a child born under

circumstances referenced in subsection (a)(2)(viii) of this section, after notice to the parent and a

hearing on the petition, terminate any and all legal rights of the parent to the child, including the

right to notice of any subsequent adoption proceedings involving the child, if the court finds as a

fact by clear and convincing evidence that:

(1) The parent has willfully neglected to provide proper care and maintenance for the child

for a period of at least one year where financially able to do so. In determining whether the parent

has willfully neglected to provide proper care and maintenance for the child, the court may

disregard contributions to support that are of an infrequent and insubstantial nature; or

(2) The parent is unfit by reason of conduct or conditions seriously detrimental to the child;

such as, but not limited to, the following:

(i) Institutionalization of the parent, including imprisonment, for a duration as to render it

improbable for the parent to care for the child for an extended period of time;

(ii) Conduct toward any child of a cruel or abusive nature;

(iii) The child has been placed in the legal custody or care of the department of children,

youth and families and the parent has a chronic substance abuse problem and the parent's prognosis

indicates that the child will not be able to return to the custody of the parent within a reasonable

period of time, considering the child's age and the need for a permanent home. The fact that a parent

has been unable to provide care for a child for a period of twelve (12) months due to substance

abuse shall constitute prima facie evidence of a chronic substance abuse problem;

(iv) The child has been placed with the department of children, youth and families and the

court has previously involuntarily terminated parental rights to another child of the parent and the

parent continues to lack the ability or willingness to respond to services that would rehabilitate the

parent and provided further that the court finds it is improbable that an additional period of services

would result in reunification within a reasonable period of time considering the child's age and the

need for a permanent home;

(v) The parent has subjected the child to aggravated circumstances, which circumstances

shall be abandonment, torture, chronic abuse, and sexual abuse;

(vi) The parent has committed murder or voluntary manslaughter on another of his or her

children or has committed a felony assault resulting in serious bodily injury on that child or another

of his or her children or has aided or abetted, attempted, conspired, or solicited to commit such a

murder or voluntary manslaughter;

(vii) The parent has exhibited behavior or conduct that is seriously detrimental to the child,

for a duration as to render it improbable for the parent to care for the child for an extended period

of time; or

(viii) The parent has been convicted of sexual assault upon the birthmother and parenthood

is a result of that sexual assault, which shall be established by proving that the child was conceived

as a result of a conviction for any offense set forth in § 11-37-2, § 11-37-6, or § 11-37-8.1.

Conception as a result of sexual assault may be proved by DNA tests and upon conviction of the

putative father, and after a fact-finding hearing establishing paternity, the father's parental rights

shall be terminated by order of the court. Termination of the parental rights of the father shall

include the loss of all parental rights without limitation, including the adoption of the child. The

father shall also have no right to any visitation with the minor child and shall have no right to any

inheritance from a child conceived as a result of sexual assault as specified;

(3) The child has been placed in the legal custody or care of the department of children,

youth and families for at least twelve (12) months, and the parents were offered or received services

to correct the situation that led to the child being placed; provided, that there is not a substantial

probability that the child will be able to return safely to the parents' care within a reasonable period

of time considering the child's age and the need for a permanent home; or

(4) The parent has abandoned or deserted the child. A lack of communication or contact

with the child for at least a six-month (6) period shall constitute prima facie evidence of

abandonment or desertion. In the event that parents of an infant have had no contact or

communication with the infant for a period of six (6) months the department shall file a petition

pursuant to this section and the family court shall conduct expedited hearings on the petition.

(b)(1) In the event that the petition is filed pursuant to subsection (a)(1), (a)(2)(i), (a)(2)(iii),

or (a)(2)(vii) of this section, the court shall find as a fact that, prior to the granting of the petition,

such parental conduct or conditions must have occurred or existed notwithstanding the reasonable

efforts that shall be made by the agency prior to the filing of the petition to encourage and strengthen

the parental relationship so that the child can safely return to the family. In the event that a petition

is filed pursuant to subsection (a)(2)(ii), (a)(2)(iv), (a)(2)(v), (a)(2)(vi), or (a)(4) of this section, the

department has no obligation to engage in reasonable efforts to preserve and reunify a family.

(2) Any duty or obligation on the part of a licensed or governmental child placing agency

to make reasonable efforts to strengthen the parental relationship shall cease upon the filing of a

petition under this section. This provision shall not be construed and is not intended to limit or

affect in any way the parents' right to see or visit with the child during the pendency of a petition

under this section.

(3) Upon the filing of a termination of parental rights petition, the agency has an affirmative

duty to identify, recruit, process, and approve a qualified family for adoption or other permanent

living arrangement for the child.

(c)(1) In considering the termination of rights as pursuant to subsection (a), the court shall

give primary consideration to the physical, psychological, mental, and intellectual needs of the

child insofar as that consideration is not inconsistent with other provisions of this chapter.

(2) The consideration shall include the following: If a child has been placed in foster family

care, voluntarily or involuntarily, the court shall determine whether the child has been integrated

into the foster family to the extent that the child's familial identity is with the foster family and

whether the foster family is able and willing to permanently integrate the child into the foster

family; provided, that in considering integrating into a foster family, the court should consider:

(i) The length of time the child has lived in a stable, satisfactory environment and the

desirability of maintaining that environment and continuity for the child; and

(ii) The reasonable preference of the child, if the court determines that the child has

sufficient capacity to express a reasonable preference.

(d) If the court finds that the parental rights of the parent should be terminated as specified

in subsection (a), it shall by decree duly entered, appoint some suitable person to give or withhold

consent in any subsequent adoption proceedings. In the case of petitions filed by licensed or

governmental child placement agencies, the court shall appoint the agency to be the sole party to

give or withhold consent to the adoption of the child and further vest the agency with all rights of

guardianship over the child.

(e) Nothing in this section shall be construed to prohibit the introduction of expert

testimony with respect to any illness, medical or psychological condition, trauma, incompetency,

addiction to drugs, or alcoholism of any parent who has exhibited behavior or conduct that is

seriously detrimental to a child, to assist the court in evaluating the reason for the conduct or its

probable duration.

(f) The record of the testimony of the parties adduced in any proceeding terminating

parental rights to a child shall be entitled to the confidentiality provided for in § 8-10-21 and more

specifically shall not be admissible in any civil, criminal, or other proceeding in any court against

a person named a defendant or respondent for any purpose, except in subsequent proceedings

involving the same child or proceedings involving the same respondent.

(g) In the event any child, the parental rights to whom have been finally terminated, has

not been placed by the agency in the home of a person or persons with the intention of adopting the

child within thirty (30) days from the date of the final termination decree, the family court shall

review the status of the child and the agency shall file a report that documents the steps the agency

is taking to find an adoptive family or other permanent living arrangement for the child, to place

the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned

permanent living arrangement, and to finalize the adoption or legal guardianship. At a minimum,

this documentation shall include child specific recruitment efforts, such as the use of state, regional,

and national adoption exchanges, including the electronic exchange system.

SECTION 9. Sections 16-98-4 and 16-98-6 of the general laws in chapter 16-98 entitled

“Education Access to Advanced Placement Courses for All Students Act“ are hereby amended to

read as follows:

16-98-4. Powers and duties of department.

(a) Guidelines. The department shall promulgate rules, regulations, and procedures

necessary for the implementation of this chapter including, but not limited to, the following:

(1) In consultation with the College Board, certify those teacher-training entities that are

qualified to provide training of teachers to teach advanced placement courses in the four (4) core

academic areas;

(2) In certifying teacher-training entities for this program, the department shall ensure that

the training times and locations will be geographically accessible for teachers from eligible school

entities to attend;

(3) The department, in consultation with the College Board, shall ensure that training

provided by those teacher-training entities must provide teachers of advanced placement courses

with the necessary content knowledge and instructional skills to prepare students for success in

advanced placement courses and examinations;

(4) Starting at the end of the first year of the program, and every year thereafter, the

department shall issue a report to the general assembly on the advanced placement teacher-training

program that shall include, but not be limited to:

(i) The number of teachers receiving training in advanced placement instructions in school

entities, school districts and high schools in each of the four (4) core academic areas.

(ii) The number of students taking advanced placement courses at school entities in each

of the four (4) core academic areas.

(iii) The number of students scoring a three (3) or more on an advanced placement

examination at school entities in each of the four (4) core academic areas.

(iv) The remaining unmet need for trained teachers in school entities that do not offer

advanced placement courses.

(v) The number of students taking advanced placement courses who do not take the

advanced placement examination.

(vi) The number of students below the poverty level who take advanced placement courses.

(vii) The number of students below the poverty level who take advanced placement courses

and do not take the advanced placement examination; and

(5) In consultation with local education authorities, ensure that the opportunity to

participate in the advanced placement program and gain college credit is available to the greatest

amount number of students as practicable.

(b) Nothing in this chapter shall prohibit the board of education, through the department,

from expanding the program to include other nationally accepted courses of study that provide

students an opportunity to gain college credits from classes taken in high school.

16-98-6. Program funding.

(a) Funding shall be for the purpose of providing advanced placement examinations to

students at or below the poverty level at no cost to the student.

(b) Notwithstanding any general law, rule, or regulation to the contrary, the department

shall include as part of its annual budget the amount necessary to pay the exam costs for all students

below the poverty level who take advanced placement courses.

SECTION 10. Section 21-14-12 of the general laws in chapter 21-14 entitled “Shellfish

Packing Houses” is hereby amended to read as follows:

21-14-12. Inspection of business premises -- Dockside program established.

(a) The director shall make regular inspections of the business premises of licensees and

no person shall interfere with or obstruct the entrance of the director to any packing house or

structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary

conditions during reasonable business hours, and no person shall obstruct the conduct of this

inspection; provided, that inspections as to sanitary conditions shall be made only by the director

or employees of the department. These employees of the department shall not be construed to

include agents whom the director may appoint in other departments for the purpose of enforcing

other provisions of this chapter; and provided, that nothing in this section shall be construed as

having granted to the director or any duly authorized official of the department the right of search

and seizure without a warrant.

(b) The director shall be authorized to establish a dockside program, including the

promulgation of any rules and regulations deemed necessary or advisable in connection therewith,

pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model

Ordinance. Promulgating rules and regulations pursuant to the NSSP Model Ordinance shall assure

ensure that the marine shellfish processers, licensed by the department to land and process surf

clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary

fashion that comports with national standards. The rules and regulations shall also be consistent

with the landing permit requirements of the department of environmental management in § 20-2.1-

7. The dockside program shall not apply to aquaculture processers.

However, the amount of the revenues collected for the dockside program shall be appropriated to

the department of health for its administration of this program. The director shall have the authority

to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion.

SECTION 11. Section 31-22-11.6.1 of the general laws in chapter 31-22 entitled

“Miscellaneous Rules” is hereby amended to read as follows:

31-22-11.6.1. Childcare vehicles and school extracurricular vehicles - COVID-19.

(a) Notwithstanding § 31-31-11.6 31-22-11.6, or any general law, rule, or regulation to the

contrary, effective March 28, 2022, due to the public health crisis caused by COVID-19, the

requirement of using designated types of vehicles for specified routes as contained in § 31-22-

11.6(a)(2)(i) is hereby suspended, for student transportation providers ("Providers") retained by or

via the Rhode Island department of education ("RIDE") to provide student transportation services.

For such routes, retained providers may utilize:

(1) School buses, as defined in § 31-1-3(aa);

(2) Pupil transportation vehicles, as defined in § 31-22.1-1;

(3) School extracurricular vehicles, as defined in § 31-22-11.6(a)(2)(ii);

(4) Childcare vehicles, as defined in § 31-22-11.6(a)(2)(iii); and

(5) Family childcare home vehicles, as defined in § 31-22- 11.6(a)(2)(iv).

(b) Vehicles authorized pursuant to subsection (a) of this section to transport students shall

also be in compliance with the applicable laws, rules, and regulations related to student

transportation vehicles and shall:

(1) Carry a sign on the school bus visible from the front and back of the vehicle containing

the lettering required by § 31-20-11;

(2) Be equipped with Type I Class A turn signal lamps, which shall have a four way hazard

warning signal switch to cause simultaneous flashing of the turn signal lamps which may be

activated when the vehicle is approaching a stop to load or discharge school students and when

needed as a vehicular traffic hazard warning. Each vehicle shall also be equipped with front and

rear alternating flashing school bus red signal lamps, which shall remain flashing when school

pupils are entering or leaving the vehicle; and

(3) Be equipped with one pair of adequate chock blocks and three (3) flares in compliance

with United States Motor Vehicle D.O.T. Safety Standard No. 125.

flashing lights as contained in 280-RICR-30-15-8.5(B)(l) is hereby suspended.

(d) Retained providers may utilize student transportation vehicles currently registered in

Massachusetts or Connecticut to provide student transportation services in Rhode Island; provided

that:

(1) Each student transportation vehicle has current, valid Massachusetts or Connecticut

registration and inspection stickers;

(2) Each student transportation vehicle is covered by an insurance policy meeting the

requirements of § 31-22-10.1;

(3) The Rhode Island department of education has verified compliance of subsections

(d)(1) and (d)(2) of this section; and

(4) The retained provider complies with the registration requirement for each student

transportation vehicle pursuant to § 31-7-2 by the sunset date of this section.

(e) The license requirements contained in §§ 31-10-5, 31-22.1-3(10), and 31-22-

11.6(b)(10) are hereby suspended for drivers currently licensed in Massachusetts or Connecticut to

operate student transportation vehicles and employed by retained providers pursuant to subsection

(a) of this section and furthermore, the provider driver may operate student transportation

vehicles appropriate for their licensure; provided that:

(1) As applicable, the provider driver possesses a current, valid Massachusetts or

Connecticut commercial driver's license with a "P" and "S" endorsement and a current, valid

Massachusetts school bus certificate if licensed in Massachusetts.

(2) As applicable, the provider driver possesses a current, valid Massachusetts or

Connecticut driver's license that is the equivalent of a Rhode Island license with the appropriate

endorsement(s) allowing the transportation of school children.

(3) RIDE has verified compliance with subsections (e)(1) and (e)(2) of this section.

(4) As applicable, the provider driver obtains a school bus certificate governed by 280-

RICR-30-05-2 prior to the sunset of this section.

(5) As applicable, the provider driver obtains a pupil transportation certificate governed by

280-RICR-30-05-5 prior to the sunset of this section.

(6) The provider driver complies with license requirements under §§ 31-10-5, 31-22.1-

3(10), and 31-22-11.6(b)(10) prior to the date of sunset of this section.

(f) Unless extended by the general assembly, this section shall sunset upon the conclusion

of the 2021-2022 school year.

SECTION 12. Section 31-27-2.8 of the General laws in chapter 31-27 entitled “Motor

Vehicle Offenses” is hereby amended to read as follows:

31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part

of sentence -- Requirements.

(a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2)

or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31-

27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31-

27-2.1(b)(2), may be prohibited by the sentencing judge or magistrate from operating a motor

vehicle that is not equipped with an ignition interlock system, and/or blood and urine testing by a

licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-

related disorders, a licensed or certified psychologist, social worker, or EAP professional with like

knowledge, or a substance abuse counselor certified by the National Association of Alcohol and

Drug Abuse Counselors (all of whom shall be licensed in Rhode Island), pursuant to this section.

(1) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating

a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as

evidenced by the presence of controlled substances on or about the person or vehicle, or other

reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary

breath test, results from a breathalyzer that indicates no blood alcohol concentration or both, the

magistrate may exercise his or her discretion and eliminate the requirement of an ignition interlock

system; provided, that blood and/or urine testing is mandated as a condition to operating a motor

vehicle as provided in this section.

(2) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating

a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as

evidenced by the presence of controlled substances on or about the person or vehicle, or other

reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary

breath test, results from a breathalyzer that indicates blood alcohol concentration or both, the

magistrate may require an ignition interlock system in addition to blood and/or urine testing as a

condition to operating a motor vehicle as provided in this section.

(b) Notwithstanding any other provisions contained in this chapter, any mandatory period

of license suspension shall, upon request, be reduced by the imposition of an ignition interlock

system and/or blood and urine testing ordered by the court or traffic tribunal as follows:

(1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day

(30) license suspension and an imposition of an ignition interlock system and/or blood and urine

testing for three (3) months to one year.

(2) For a violation of § 31-27-2.1(c)(1), a person shall be subject to a minimum thirty-day

(30) license suspension and an imposition of an ignition interlock system and/or blood and urine

testing for a period of six (6) months to two (2) years.

(3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-

day (45) license suspension and an imposition of an ignition interlock system and/or blood and

urine testing for a period of six (6) months to two (2) years.

(4) For a violation of § 31-27-2.1(c)(2), a person shall be subject to a minimum sixty-day

(60) license suspension and an imposition of an ignition interlock system and/or blood and urine

testing for a period of one to four (4) years.

(5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day

(60) license suspension and imposition of an ignition interlock system and/or blood and urine

testing for a period of one to four (4) years.

(6) For a violation of § 31-27-2.1(c)(3), a person shall be subject to a minimum ninety-day

(90) license suspension and imposition of an ignition interlock system and/or blood and urine

testing for a period of two (2) to ten (10) years.

(7) No license suspension shall be subject to more than a thirty-day (30) license suspension

based solely upon the imposition of an ignition interlock system.

(i) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon

an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination

that the motorist was under the influence of intoxicating liquor only, the magistrate shall, upon

request, immediately grant a conditional hardship license after a finding of need pursuant to this

section and upon proof of the installation of an ignition interlock device.

(ii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or

upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or

determination that the motorist was under the influence of drugs, toluene, or a controlled substance,

but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a

conditional hardship license after a finding of need pursuant to this section and upon proof of blood

and urine testing pursuant to this section.

(iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or

upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or

determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled

substance, or any combination thereof, the magistrate shall, upon request immediately grant a

conditional hardship license after a finding of need pursuant to this section and upon proof of the

installation of an ignition interlock device, subject also to the following testing:

(A) The testing of either blood or urine is being performed by or monitored by a licensed

physician with knowledge and clinical experience in the diagnosis and treatment of drug-related

disorders, a licensed or certified psychologist, social worker, or EAP professional with like

knowledge, or a substance abuse counselor certified by the National Association of Alcohol and

Drug Abuse Counselors (all of whom shall be licensed in Rhode Island).

(B) The motorist is required to pay for the substance abuse professional, any testing,

retesting, monitoring, and reporting costs of the blood and urine testing.

means of gas chromatography/mass spectrometry or technology recognized as being at least as

scientifically accurate.

(D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance

with the recommendation of the substance abuse professional. The samples taken thereafter may

be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the

request. The substance abuse professional shall report to the department of the attorney general

within twenty-four (24) hours any failure by the motorist to comply with a request for a sample.

(E) A positive test of urine or blood that evidences any controlled substances shall be

reported by the substance abuse professional to the motorist and to the department of the attorney

general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own

expense, have an opportunity to have the sample retested or reevaluated by an independent testing

facility which shall provide the result directly to the substance abuse professional. The attorney

general may request, at any time, a copy of any or all test results from the substance abuse

professional, which who shall forward the requested results within forty-eight (48) hours.

(F) Upon completion of the license suspension, conditional hardship, ignition interlock and

substance abuse testing periods, a finalized report shall be presented to the department of motor

vehicles prior to any license reinstatement.

(G) If a judge or magistrate determines that a motorist either failed, without good cause, to

comply with a sample request or tested positive for any controlled substance, he or she may exercise

his or her discretion and revoke the conditional hardship license, extend the time period for the

ignition interlock system and/or substance abuse testing for an additional period of up to twelve

(12) months and/or impose an additional loss of license for up to twenty-four (24) months.

(H) A motorist who has failed, without good cause, to comply with a sample request or

tested positive for any controlled substance for a second time within twelve (12) months of the first

failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one

year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.

pursuant to the provisions of this chapter, the judge or magistrate may exercise his or her discretion

in the granting of the hardship license by imposing up to a ninety (90) day loss of license prior to

any imposition of the hardship license. The hardship license shall be valid for twelve (12)

continuous hours per day for any valid reason approved in advance by the sentencing judge or

magistrate, which shall include employment, medical appointments, job training, schooling, or

religious purposes. The hardship license shall not be for less than twelve (12) continuous hours per

day. A hardship license shall only be granted in conjunction with the installation of an ignition

interlock device and/or blood and urine testing. Any conditional driving privileges must be set by

the sentencing judge or magistrate after a hearing in which the motorist must provide proof of

employment status and hours of employment, or any other legitimate reasons justifying a hardship

license. These shall include, but not be limited to, any unemployment training, schooling, medical

appointments, therapy treatments, or any other valid requests set forth by sworn affidavit. Once

said hardship period has concluded, the motorist must still be subject to the conditions of the

ignition interlock system and/or blood and urine testing as set forth under this section for the period

of time as directed by the court. Any individual who violates the requirements of this subsection

shall be subject to the penalties enumerated in § 31-11-18.1.

(d) Any person convicted of an offense of driving under the influence of liquor or drugs

resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious

bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger

resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by

law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition

interlock system and/or blood and urine testing for one to five (5) years.

(e) Any person who operates a motor vehicle with a suspended license during the period

of suspension, and the reason for the suspension was due to a conviction of driving under the

influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical

test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing

for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1.

(f) When the court orders the use of an ignition interlock system, the judge or magistrate

shall cause an appropriate notation to be made on the person's record that clearly sets forth the

requirement for, and the period of the use of, the ignition interlock system.

(g) In addition to the requirements of subsection (f) of this section, the court or traffic

tribunal shall:

(1) Require proof of the installation of the ignition interlock system and periodic reporting

by the person for the purpose of verification of the proper operation of the ignition interlock system;

(2) Require the person to have the ignition interlock system monitored for the proper use

and accuracy by a person, firm, corporation, or other association to be approved by the division of

motor vehicles at least once every six (6) months, or more frequently as the circumstances may

require; and

(3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and

maintenance of the ignition interlock system.

(4) The requirements under subsection (g) of this section shall be the responsibility of the

probation department or justice assistance, if the individual is under their control, or the division of

motor vehicles if the individual is not monitored as a condition of the individual's plea or finding

of guilt.

(h) Any person granted a conditional hardship license upon proof of installation of an

ignition interlock device, may operate that motor vehicle during the entire twelve-hour (12) period

of operation granted by the sentencing judge or magistrate including during the scope of the

person's employment and/or any other valid reason approved by the sentencing judge or magistrate.

(i) If a person is required, in the course of the person's employment, to operate a motor

vehicle owned or provided by the person's employer, the person may operate that motor vehicle in

the course of the person's employment without installation of an ignition interlock system if the

court makes specific findings expressly permitting the person to operate, in the course of the

person's employment, a motor vehicle that is not equipped with an ignition interlock system.

(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who

violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment,

or a fine of up to one thousand dollars ($1,000), or both.

(2) For a second violation within six (6) months from entry of the order, the person

violating the order shall be imprisoned for a term of not less than ten (10) days and not more than

one year.

(k) For the purposes of this subsection, a violation of the interlock order, includes, but is

not limited to:

(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition

interlock system that has been installed in the motor vehicle of a person under this section;

(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or

(3) Soliciting or attempting to have another person start a motor vehicle equipped with an

ignition interlock system for the purpose of providing an operable motor vehicle to a person who

is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.

(l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition

interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition

interlock system that has been installed in the motor vehicle for the purpose of providing an

operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not

equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to

one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.

SECTION 13. Section 42-105-11 of the General laws in chapter 42-105 entitled “Newport

and Bristol County Convention and Visitors’ Bureau” is hereby amended to read as follows:

42-105-11. Annual report.

Within six (6) months after the close of its fiscal year the bureau shall approve and submit

an annual report to the governor, the speaker of the house of representatives, the president of the

senate, the secretary of state, and each of the following city and town councils: Jamestown,

Middletown, Newport, Portsmouth, Little Compton and Tiverton of its activities during that fiscal

year. The report shall provide: an operating statement summarizing meetings or hearings held,

meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations

promulgated, studies conducted, policies and plans developed, approved, or modified, and

programs administered or initiated; a consolidated financial statement of all funds received and

expended including the source of the funds, a listing of any staff supported by these finds, 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 bureau; 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 general assembly and the secretary of state's websites as prescribed in § 42-

20.8-2 42-20-8.2. The director of the department of administration shall be responsible for the

enforcement of this provision.

The bureau shall cause an audit of its books and accounts to be made at least once each

fiscal year by certified public accountants selected by it and its cost shall be paid by the bureau

from funds available to it pursuant to this chapter.

SECTION 14. Sections 1 through 24 of Article I of this act shall take effect on December

31, 2022 and sections 1 through 13 of Article II of this act shall take effect upon passage.

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