| Chapter 395 |
| 2023 -- H 6371 Enacted 06/27/2023 |
| A N A C T |
| RELATING TO STATUTES AND STATUTORY CONSTRUCTION |
Introduced By: Representatives Blazejewski, and Chippendale |
| Date Introduced: May 05, 2023 |
| It is enacted by the General Assembly as follows: |
| ARTICLE 1 -- STATUTORY REENACTMENT |
| SECTION 1. It is the express intention of the General Assembly to reenact the entirety of |
| Title 7 and chapters 19 through the end of title 27 of the General Laws of R.I., including all |
| chapters and sections therein and any chapters and sections thereof not included in this act may be, |
| and are hereby, reenacted as if fully set forth herein. |
| SECTION 2. Sections 7-12.1-110, 7-12.1-903.1, 7-12.1-904, 7-12.1-912, 7-12.1-913, 7- |
| 12.1-1006, 7-12.1-1009, 7-12.1-1011, 7-12.1-1012, 7-12.1-1101 and 7-12.1-1125 of the General |
| Laws in Chapter 7-12.1 entitled "Uniform Partnership Act [Effective January 1, 2023.]" are hereby |
| amended to read as follows: |
| 7-12.1-110. Application to existing relationships. [Effective January 1, 2023.] |
| (a) This chapter governs only: |
| (1) A partnership formed on or after January 1, 2023; and |
| (2) Except as otherwise provided in subsection (c) of this section, a partnership formed |
| before January 1, 2023, which elects, in the manner provided in its partnership agreement or by law |
| for amending the partnership agreement, to be subject to this chapter. |
| (b) Except as otherwise provided in subsection (c) of this section, on and after January 1, |
| 2023 2024, this chapter governs all partnerships. |
| (c) With respect to a partnership that elects pursuant to subsection (a)(2) of this section to |
| be subject to this chapter, after the election takes effect the provisions of this chapter relating to the |
| liability of the partnership’s partners to third parties apply to: |
| (1) A third party that had not done business with the partnership in the year before the |
| election took effect; and |
| (2) A third party that had done business with the partnership in the year before the election |
| took effect only if the third party knows or has been notified of the election. |
| 7-12.1-903.1. Issuance of certificates of revocation. [Effective January 1, 2023.] |
| (a) Upon revoking any such certificate of a limited liability partnership, the secretary of |
| state shall: |
| (1) Issue a certificate of revocation in duplicate; |
| (2) File one of the certificates in the secretary of state’s office; |
| (3) Send to the limited liability partnership by regular mail a certificate of revocation, |
| addressed to the registered agent of the limited liability partnership in this state on file with the |
| secretary of state’s office; provided, however, that if a prior mailing addressed to the address of the |
| registered agent of the limited liability partnership in this state currently on file with the secretary |
| of state’s office has been returned to the secretary of state as undeliverable by the United States |
| Postal Service for any reason, or if the revocation certificate is returned as undeliverable to the |
| secretary of state’s office by the United States Postal Service for any reason, the secretary of state |
| shall give notice as follows: |
| (i) To the limited liability partnership at its principal office of record as shown in its most |
| recent annual report, and no further notice shall be required; or |
| (ii) In the case of a limited liability partnership that has not yet filed an annual report, then |
| to the domestic limited liability company limited liability partnership at the principal office in |
| the articles of organization statement of qualification of limited liability partnership or to the |
| authorized person listed on the articles of organization, and no further notice shall be required. |
| (b) An administrative revocation under this section affects only the partnership’s status as |
| a limited liability partnership and is not an event causing dissolution of the partnership. |
| (c) The revocation of a limited liability partnership does not terminate the authority of its |
| registered agent. |
| 7-12.1-904. Reinstatement. [Effective January 1, 2023.] |
| (a) A partnership whose statement of qualification has been revoked administratively under |
| § 7-12.1-903 may apply to the secretary of state for reinstatement of the statement of qualification |
| not later than two (2) years after the effective date of the revocation. The application must be |
| accompanied by a certificate of good standing from the Rhode Island division of taxation and state: |
| (1) The name of the partnership at the time of the administrative revocation of its statement |
| of qualification and, if needed, a different name that satisfies § 7-12.1-902; |
| (2) The address of the principal office of the partnership and the name and street and |
| mailing addresses of its registered agent; |
| (3) The effective date of administrative revocation of the partnership’s statement of |
| qualification; |
| (4) On the payment by the limited liability partnership of a penalty in the amount of fifty |
| dollars ($50.00) for each year or part of year that has elapsed since the issuance of the certificate |
| of revocation; and |
| (5) That the grounds for revocation did not exist or have been cured. |
| (b) To have its statement of qualification reinstated, a partnership must pay all fees, taxes, |
| interest, and penalties that were due to the secretary of state or tax administrator at the time of the |
| administrative revocation and all fees, taxes, interest, and penalties that would have been due to the |
| secretary of state or tax administrator while the partnership’s statement of qualification was revoked |
| administratively. |
| (c) If the secretary of state determines that an application under subsection (a) of this |
| section contains the required information, is satisfied that the information is correct, and determines |
| that all payments required to be made to the secretary of state or tax administrator by subsection |
| (b) of this section have been made, the secretary of state shall: |
| (1) Cancel the statement of revocation and prepare a statement of reinstatement that states |
| the secretary of state’s determination and the effective date of reinstatement; and |
| (2) File the statement of reinstatement and serve a copy on the partnership. |
| (d) When reinstatement under this section has become effective, the following rules apply: |
| (1) The reinstatement relates back to and takes effect as of the effective date of the |
| administrative revocation. |
| (2) The partnership’s status as a limited liability partnership continues as if the revocation |
| had not occurred. |
| (3) The rights of a person arising out of an act or omission in reliance on the revocation |
| before the person knew or had notice of the reinstatement are not affected. |
| 7-12.1-912. Service of process, notice, or demand. [Effective January 1, 2023.] |
| (a) A limited liability partnership or registered foreign limited liability partnership may be |
| served with any process, notice, or demand required or permitted by law by serving its registered |
| agent. |
| (b) If a limited liability partnership or registered foreign limited liability partnership fails |
| to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with |
| reasonable diligence be found at the registered office, then the secretary of state is an agent of the |
| corporation limited liability partnership upon whom any process, notice, or demand may be |
| served. Service on the secretary of state of any process, notice, or demand is made by delivering to |
| and leaving with him or her the secretary of state or with any clerk having charge of the |
| corporation department of his or her office, duplicate copies of the process, notice, or demand. In |
| the event any process, notice, or demand is served on the secretary of state, the secretary of state |
| shall immediately forward one of the copies by certified mail, addressed to the corporation limited |
| liability partnership at its registered office. Any service upon the secretary of state is returnable |
| in not less than thirty (30) days. |
| (c) The secretary of state shall maintain a record of any such service setting forth the name |
| of the plaintiff and defendant, the title, docket number and nature of the proceeding in which |
| process has been served upon the secretary of state, the fact that service has been effected pursuant |
| to this subsection, the return date thereof, and the day and hour when the service was made. The |
| secretary of state shall not be required to retain such information for a period longer than five (5) |
| years from receipt of the service of process. |
| (d) Service of process, notice, or demand on a registered agent must be in a written record. |
| (e) Service of process, notice, or demand may be made by other means under law other |
| than this chapter. |
| 7-12.1-913. Annual report for secretary of state. [Effective January 1, 2023.] |
| (a) A limited liability partnership or registered foreign limited liability partnership shall |
| deliver to the secretary of state for filing an annual report that states: |
| (1) The name of the partnership or registered foreign partnership; |
| (2) The street and mailing addresses of its principal office; |
| (3) The name of at least one partner; |
| (4) In the case of a foreign partnership, its jurisdiction of formation and any alternate name |
| adopted under § 7-12.1-1006; |
| (5) A brief statement of the character of the business in which the limited liability |
| partnership is actually engaged in this state; and |
| (6) Any additional information that is required by the secretary of state. |
| (b) The annual report must be made on forms prescribed and furnished by the secretary of |
| state, and the information in the annual report must be current as of the date the report is signed by |
| the limited liability partnership or registered foreign limited liability partnership. |
| (c) The first annual report must be filed with the secretary of state after February 1, and |
| before May 1, of the year following the calendar year in which the limited liability partnership’s |
| statement of qualification became effective or the registered foreign limited liability partnership |
| registered to do business in this state. Subsequent annual reports must be filed with the secretary of |
| state after February 1, and before May 1, of each calendar year thereafter. Proof to the satisfaction |
| of the secretary of state that prior to May 1 the report was deposited in the United States mail in a |
| sealed envelope, properly addressed, with postage prepaid, is deemed to be a compliance with this |
| requirement. |
| (d) If the secretary of state finds that the annual report conforms to the requirements of this |
| chapter, the secretary of state shall file the report. If an annual report does not contain the |
| information required by this section, the secretary of state promptly shall notify the reporting |
| limited liability partnership or registered foreign limited liability partnership in a record and return |
| the report for correction, in which event the penalties subsequently prescribed for failure to file the |
| report within the time previously provided do not apply if the report is corrected to conform to the |
| requirements of this chapter and returned to the secretary of state within thirty (30) days from the |
| date on which it was mailed to the corporation limited liability partnership by the secretary of |
| state. |
| (e) Each limited liability partnership, domestic or foreign, that fails or refuses to file its |
| annual report for any year within thirty (30) days after the time prescribed by this chapter is subject |
| to a penalty of twenty-five dollars ($25.00) per year. |
| 7-12.1-1006. Noncomplying name of foreign limited liability partnership. [Effective |
| January 1, 2023.] |
| (a) A foreign limited liability partnership whose name does not comply with § 7-12.1-902 |
| may not register to do business in this state until it adopts, for the purpose of doing business in this |
| state, an alternate name that complies with § 7-12.1-902. A partnership that registers under an |
| alternate name under this subsection need not comply with § 7-16-902 or 7-1.2-402. A |
| partnership that registers under an alternate name under this subsection need not comply with this |
| state’s fictitious name statute. After registering to do business in the state with an alternate name, |
| a partnership shall do business in this state under: |
| (1) The alternate name; |
| (2) The partnership’s name, with the addition of its jurisdiction of formation; or |
| (3) A name the partnership is authorized to use under the state’s fictitious name statute to |
| include, but not be limited to, § 7-16-902.1 or 7-1.2-402. |
| (b) If a registered foreign limited liability partnership changes its name to one that does not |
| comply with § 7-12.1-902, it may not do business in this state until it complies with subsection (a) |
| of this section by amending its registration to adopt an alternate name that complies with § 7-12.1- |
| 902. |
| 7-12.1-1009. Transfer of registration. [Effective January 1, 2023.] |
| (a) When a registered foreign limited liability partnership has merged into a foreign entity |
| that is not registered to do business in this state or has converted to a foreign entity required to |
| register with the secretary of state to do business in this state, the foreign entity shall deliver to the |
| secretary of state for filing an application for transfer of registration. The application must state: |
| (1) The name of the registered foreign limited liability partnership before the merger or |
| conversion; |
| (2) That before the merger or conversion the registration pertained to a foreign limited |
| liability partnership; |
| (3) The name of the applicant foreign entity into which the foreign limited liability |
| partnership has merged or to which it has been converted and, if the name does not comply with § |
| 7-12.1-902, an alternate name adopted pursuant to § 7-12.1-1006(a); and |
| (4) The type of entity of the applicant foreign entity and its jurisdiction of formation; |
| (b) An application for authority to transact business in the state of Rhode Island for the |
| resulting entity type and a certificate of legal existence or good standing issued by the proper officer |
| of the state or country under the laws of which the resulting entity has been formed must |
| accompany the application for transfer of registration. |
| (c) When an application for transfer of registration takes effect, the registration of the |
| foreign limited liability limited partnership to do business in this state is transferred without |
| interruption to the foreign entity into which the partnership has merged or to which it has been |
| converted. |
| 7-12.1-1011. Issuance of certificates of revocation. [Effective January 1, 2023.] |
| (a) Upon revoking any such certificate of registration of limited liability partnership, the |
| secretary of state shall: |
| (1) Issue a certificate of revocation in duplicate; |
| (2) File one of the certificates in the secretary of state’s office; |
| (3) Send to the limited liability partnership by regular mail a certificate of revocation, |
| addressed to the registered agent of the limited liability partnership in this state on file with the |
| secretary of state’s office; provided, however, that if a prior mailing addressed to the address of the |
| registered agent of the limited liability partnership in this state currently on file with the secretary |
| of state’s office has been returned to the secretary of state as undeliverable by the United States |
| Postal Service for any reason, or if the revocation certificate is returned as undeliverable to the |
| secretary of state’s office by the United States Postal Service for any reason, the secretary of state |
| shall give notice as follows: |
| (i) To the limited liability partnership at its principal office of record as shown in its most |
| recent annual report, and no further notice shall be required; or |
| (ii) In the case of a limited liability partnership that has not yet filed an annual report, then |
| to the principal office listed in the certificate of registration, and no further notice shall be required. |
| (b) The authority of the registered foreign limited liability partnership to do business in this |
| state ceases on the effective date of the certificate of revocation, or to apply for reinstatement |
| under § 7-12.1-1012 unless before that date the partnership cures each ground for revocation |
| stated in the notice. |
| (c) The revocation of a limited liability partnership does not terminate the authority of its |
| registered agent. |
| 7-12.1-1012. Reinstatement. [Effective January 1, 2023.] |
| (a) Within two (2) years after issuing a certificate of revocation as provided in § 7-12.1- |
| 1011, the secretary of state may withdraw the certificate of revocation and retroactively reinstate |
| the limited liability partnership in good standing as if its certificate of registration of limited liability |
| partnership had not been revoked except as subsequently provided: |
| (1) On the filing by the limited liability partnership of the documents it had previously |
| failed to file and payment of any fees it had previously failed to pay as set forth in §§ 7-12.1- |
| 1006(a)(3) through 7-12.1-1006(a)(7) 7-12.1-1010(a)(3) through (a)(7). |
| (2) On the payment by the limited liability partnership of a penalty in the amount of fifty |
| dollars ($50.00) for each year or part of year that has elapsed since the issuance of the certificate |
| of revocation. |
| (b) If, as permitted by the provisions of this chapter or chapter 1.2, 6, 12, or 13.1 of this |
| title, another limited liability company, business or nonprofit corporation, registered limited |
| liability partnership or a limited liability partnership, or in each case domestic or foreign, authorized |
| and qualified to transact business in this state, bears or has filed a fictitious business name statement |
| as to or reserved or registered a name that is the same as, the name of the limited liability partnership |
| with respect to which the certificate of revocation is proposed to be withdrawn, then the secretary |
| of state shall condition the withdrawal of the certificate of revocation on the reinstated limited |
| liability partnership amending its certificate of registration so as to designate a name that meets the |
| requirements of § 7-12.1-902 by adopting an alternate name pursuant to § 7-12.1-1006(a). |
| (c) When reinstatement under this section has become effective, the following rules apply: |
| (1) The reinstatement relates back to and takes effect as of the effective date of the |
| certificate of revocation. |
| (2) The limited liability partnership resumes carrying on its activities and affairs as if the |
| revocation had not occurred. |
| (3) The rights of a person arising out of an act or omission in reliance on the revocation |
| before the person knew or had notice of the reinstatement are not affected. |
| 7-12.1-1101. Definitions. [Effective January 1, 2023.] |
| As used in this chapter: |
| (1) “Acquired entity” means the entity, all of one or more classes or series of interests of |
| which are acquired in an interest exchange. |
| (2) “Acquiring entity” means the entity that acquires all of one or more classes or series of |
| interests of the acquired entity in an interest exchange. |
| (3) "Articles of merger" means a statement under § 7-12.1-1125. |
| (3)(4) “Conversion” means a transaction authorized by §§ 7-12.1-1141 through 7-12.1- |
| 1146. |
| (4)(5) “Converted entity” means the converting entity as it continues in existence after a |
| conversion. |
| (5)(6) “Converting entity” means the domestic entity that approves a plan of conversion |
| pursuant to § 7-12.1-1143 or the foreign entity that approves a conversion pursuant to the law of |
| its jurisdiction of formation. |
| (6)(7) “Distributional interest” means the right under an unincorporated entity’s organic |
| law and organic rules to receive distributions from the entity. |
| (7)(8) “Domestic”, with respect to an entity, means governed as to its internal affairs by |
| the law of this state. |
| (8)(9) “Domesticated limited liability partnership” means a domesticating limited liability |
| partnership as it continues in existence after a domestication. |
| (9)(10) “Domesticating limited liability partnership” means the domestic limited liability |
| partnership that approves a plan of domestication pursuant to § 7-12.1-1153 or the foreign limited |
| liability partnership that approves a domestication pursuant to the law of its jurisdiction of |
| formation. |
| (10)(11) “Domestication” means a transaction authorized by §§ 7-12.1-1151 through 7- |
| 12.1-1156. |
| (11)(12) “Entity”: |
| (i) Means: |
| (A) A business corporation; |
| (B) A nonprofit corporation; |
| (C) A general partnership, including a limited liability partnership; |
| (D) A limited partnership, including a limited liability limited partnership; |
| (E) A limited liability company; |
| (F) A general cooperative association; |
| (G) A limited cooperative association; |
| (H) An unincorporated nonprofit association; |
| (I) A statutory trust, business trust, or common-law business trust; or |
| (J) Any other person that has: |
| (I) A legal existence separate from any interest holder of that person; or |
| (II) The power to acquire an interest in real property in its own name; and |
| (ii) Does not include: |
| (A) An individual; |
| (B) A trust with a predominantly donative purpose or a charitable trust; |
| (C) An association or relationship that is not an entity listed in subsection (11)(i) of this |
| section and is not a partnership under the rules stated in § 7-12.1-202(c) or a similar provision of |
| the law of another jurisdiction; |
| (D) A decedent’s estate; or |
| (E) A government or a governmental subdivision, agency, or instrumentality. |
| (12)(13) “Filing entity” means an entity whose formation requires the filing of a public |
| organic record. The term does not include a limited liability partnership. |
| (13)(14) “Foreign”, with respect to an entity, means an entity governed as to its internal |
| affairs by the law of a jurisdiction other than this state. |
| (14)(15) “Governance interest” means a right under the organic law or organic rules of an |
| unincorporated entity, other than as a governor, agent, assignee, or proxy, to: |
| (i) Receive or demand access to information concerning, or the books and records of, the |
| entity; |
| (ii) Vote for or consent to the election of the governors of the entity; or |
| (iii) Receive notice of or vote on or consent to an issue involving the internal affairs of the |
| entity. |
| (15)(16) “Governor” means: |
| (i) A director of a business corporation; |
| (ii) A director or trustee of a nonprofit corporation; |
| (iii) A general partner of a general partnership; |
| (iv) A general partner of a limited partnership; |
| (v) A manager of a manager-managed limited liability company; |
| (vi) A member of a member-managed limited liability company; |
| (vii) A director of a general cooperative association; |
| (viii) A director of a limited cooperative association; |
| (ix) A manager of an unincorporated nonprofit association; |
| (x) A trustee of a statutory trust, business trust, or common-law business trust; or |
| (xi) Any other person under whose authority the powers of an entity are exercised and |
| under whose direction the activities and affairs of the entity are managed pursuant to the organic |
| law and organic rules of the entity. |
| (16)(17) “Interest” means: |
| (i) A share in a business corporation; |
| (ii) A membership in a nonprofit corporation; |
| (iii) A partnership interest in a general partnership; |
| (iv) A partnership interest in a limited partnership; |
| (v) A membership interest in a limited liability company; |
| (vi) A share in a general cooperative association; |
| (vii) A member’s interest in a limited cooperative association; |
| (viii) A membership in an unincorporated nonprofit association; |
| (ix) A beneficial interest in a statutory trust, business trust, or common-law business trust; |
| or |
| (x) A governance interest or distributional interest in any other type of unincorporated |
| entity. |
| (17)(18) “Interest exchange” means a transaction authorized by §§ 7-12.1-1131 through 7- |
| 12.1-1136. |
| (18)(19) “Interest holder” means: |
| (i) A shareholder of a business corporation; |
| (ii) A member of a nonprofit corporation; |
| (iii) A general partner of a general partnership; |
| (iv) A general partner of a limited partnership; |
| (v) A limited partner of a limited partnership; |
| (vi) A member of a limited liability company; |
| (vii) A shareholder of a general cooperative association; |
| (viii) A member of a limited cooperative association; |
| (ix) A member of an unincorporated nonprofit association; |
| (x) A beneficiary or beneficial owner of a statutory trust, business trust, or common-law |
| business trust; or |
| (xi) Any other direct holder of an interest. |
| (19)(20) “Interest holder liability” means: |
| (i) Personal liability for a liability of an entity which is imposed on a person: |
| (A) Solely by reason of the status of the person as an interest holder; or |
| (B) By the organic rules of the entity which make one or more specified interest holders or |
| categories of interest holders liable in their capacity as interest holders for all or specified liabilities |
| of the entity; or |
| (ii) An obligation of an interest holder under the organic rules of an entity to contribute to |
| the entity. |
| (20)(21) “Merger” means a transaction authorized by §§ 7-12.1-1121 through 7-12.1-1126. |
| (21)(22) “Merging entity” means an entity that is a party to a merger and exists immediately |
| before the merger becomes effective. |
| (22)(23) “Organic law” means the law of an entity’s jurisdiction of formation governing |
| the internal affairs of the entity. |
| (23)(24) “Organic rules” means the public organic record and private organic rules of an |
| entity. |
| (24)(25) “Plan” means a plan of merger, plan of interest exchange, plan of conversion, or |
| plan of domestication. |
| (25)(26) “Plan of conversion” means a plan under § 7-12.1-1142. |
| (26)(27) “Plan of domestication” means a plan under § 7-12.1-1152. |
| (27)(28) “Plan of interest exchange” means a plan under § 7-12.1-1132. |
| (28)(29) “Plan of merger” means a plan under § 7-12.1-1122. |
| (29)(30) “Private organic rules” means the rules, whether or not in a record, that govern |
| the internal affairs of an entity, are binding on all its interest holders, and are not part of its public |
| organic record, if any. The term includes: |
| (i) The bylaws of a business corporation; |
| (ii) The bylaws of a nonprofit corporation; |
| (iii) The partnership agreement of a general partnership; |
| (iv) The partnership agreement of a limited partnership; |
| (v) The operating agreement of a limited liability company; |
| (vi) The bylaws of a general cooperative association; |
| (vii) The bylaws of a limited cooperative association; |
| (viii) The governing principles of an unincorporated nonprofit association; and |
| (ix) The trust instrument of a statutory trust or similar rules of a business trust or common- |
| law business trust. |
| (30)(31) “Protected agreement” means: |
| (i) A record evidencing indebtedness and any related agreement in effect on January 1, |
| 2023; |
| (ii) An agreement that is binding on an entity on January 1, 2023; |
| (iii) The organic rules of an entity in effect on January 1, 2023; or |
| (iv) An agreement that is binding on any of the governors or interest holders of an entity |
| on January 1, 2023. |
| (31)(32) “Public organic record” means the record the filing of which by the secretary of |
| state is required to form an entity and any amendment to or restatement of that record. The term |
| includes: |
| (i) The articles of incorporation of a business corporation; |
| (ii) The articles of incorporation of a nonprofit corporation; |
| (iii) The certificate of limited partnership of a limited partnership; |
| (iv) The certificate of organization of a limited liability company; |
| (v) The articles of incorporation of a general cooperative association; |
| (vi) The articles of organization of a limited cooperative association; and |
| (vii) The certificate of trust of a statutory trust or similar record of a business trust. |
| (32)(33) “Registered foreign entity” means a foreign entity that is registered to do business |
| in this state pursuant to a record filed by the secretary of state. |
| (33)(34) “Statement of conversion” means a statement under § 7-12.1-1145. |
| (34)(35) “Statement of domestication” means a statement under § 7-12.1-1155. |
| (35)(36) “Statement of interest exchange” means a statement under § 7-12.1-1135. |
| (36) “Statement of merger” means a statement under § 7-12.1-1125. |
| (37) “Surviving entity” means the entity that continues in existence after or is created by a |
| merger. |
| (38) “Type of entity” means a generic form of entity: |
| (i) Recognized at common law; or |
| (ii) Formed under an organic law, whether or not some entities formed under that organic |
| law are subject to provisions of that law that create different categories of the form of entity. |
| 7-12.1-1125. Articles of merger — Effective date of merger. [Effective January 1, |
| 2023.] |
| (a) Articles of merger must be signed by each merging entity and filed with the secretary |
| of state. |
| (b) Articles of merger must contain: |
| (1) The name, jurisdiction of formation, and type of entity of each merging entity that is |
| not the surviving entity; |
| (2) The name, jurisdiction of formation, and type of entity of the surviving entity; |
| (3) A statement that the merger was approved by each domestic merging entity, if any, in |
| accordance with this part and by each foreign merging entity, if any, in accordance with the law of |
| its jurisdiction of formation; |
| (4) If the surviving entity exists before the merger and is a domestic filing entity, any |
| amendment to its public organic record approved as part of the plan of merger; |
| (5) If the surviving entity is created by the merger and is a domestic filing entity, its public |
| organic record, as an attachment; and |
| (6) If the surviving entity is created by the merger and is a domestic limited liability |
| partnership, its statement of qualification, as an attachment. |
| (c) In addition to the requirements of subsection (b) of this section, a statement of merger |
| may contain any other provision not prohibited by law. |
| (d) If the surviving entity is a domestic entity, its public organic record, if any, must satisfy |
| the requirements of the law of this state, except that the public organic record does not need to be |
| signed. |
| (e) If the surviving or resulting entity is not a domestic limited liability partnership or |
| another filing entity of record in the office of the secretary of state, the articles of merger must |
| contain a statement that the surviving or resulting other entity agrees that it may be served with |
| process in Rhode Island in any action, suit, or proceeding for the enforcement of any obligation of |
| any domestic limited liability partnership that is to merge, irrevocably appointing the secretary of |
| state as its agent to accept service of process in the action, suit, or proceeding and specifying the |
| address to which a copy of the process is to be mailed to it by the secretary of state. In the event of |
| service under this section on the secretary of state, the procedures set forth in § 7-12.1-912 are |
| applicable, except that the plaintiff in any action, suit, or proceeding shall furnish the secretary of |
| state with the address specified in the articles of merger provided for in this section and any other |
| address that the plaintiff elects to furnish, together with copies of the process as required by the |
| secretary of state, and the secretary of state shall notify the surviving or resulting other business |
| entity at all addresses furnished by the plaintiff in accordance with the procedures set forth in § 7- |
| 12.1-912. |
| (f) If the surviving entity is a domestic partnership, the merger becomes effective when the |
| articles of merger are effective. In all other cases, the merger becomes effective on the later of: |
| (1) The date and time provided by the organic law of the surviving entity; and |
| (2) When the articles of merger are effective. |
| SECTION 3. Sections 7-13.1-121, 7-13.1-123, 7-13.1-206, 7-13.1-212, 7-13.1-213, 7- |
| 13.1-812, 7-13.1-1011, 7-13.1-1012, 7-13.1-1101 and 7-13.1-1125 of the General Laws in Chapter |
| 7-13.1 entitled "Uniform Limited Partnership Act [Effective January 1, 2023.]" are hereby amended |
| to read as follows: |
| 7-13.1-121. Service of process, notice, or demand. [Effective January 1, 2023.] |
| (a) A limited partnership or registered foreign limited partnership may be served with any |
| process, notice, or demand required or permitted by law by serving its registered agent. |
| (b) If a limited partnership or registered foreign limited partnership fails to appoint or |
| maintain a registered agent in this state, or whenever its registered agent cannot with reasonable |
| diligence be found at the registered office, then the secretary of state is an agent of the corporation |
| limited partnership or registered foreign limited partnership upon whom any process, notice, |
| or demand may be served. Service on the secretary of state of any process, notice, or demand is |
| made by delivering to and leaving with the secretary of state or with any clerk having charge of the |
| corporation department of the office, duplicate copies of the process, notice, or demand. In the |
| event any process, notice, or demand is served on the secretary of state, the secretary of state shall |
| immediately forward one of the copies by certified mail, addressed to the corporation limited |
| partnership or registered foreign limited partnership at its registered office. Any service upon |
| the secretary of state is returnable in not less than thirty (30) days. |
| (c) The secretary of state shall maintain a record of any such service setting forth the name |
| of the plaintiff and defendant, the title, docket number and nature of the proceeding in which |
| process has been served upon the secretary of state, the fact that service has been effected pursuant |
| to this section, the return date thereof, and the day and hour when the service was made. The |
| secretary of state shall not be required to retain such information for a period longer than five (5) |
| years from receipt of the service of process. |
| (d) Service of process, notice, or demand on a registered agent must be in a written record. |
| (e) Service of process, notice, or demand may be made by other means under law other |
| than this chapter. |
| 7-13.1-123. Fees for filing documents and issuing certificates. [Effective January 1, |
| 2023.] |
| The secretary of state shall charge and collect for: |
| (1) Filing a certificate of limited partnership, one hundred dollars ($100); |
| (2) Filing a certificate of amendment to a certificate of limited partnership, fifty dollars |
| ($50.00); |
| (3) Filing a certificate of correction to a certificate of limited partnership, fifty dollars |
| ($50.00); |
| (3)(4) Filing a certificate of dissolution of a certificate of limited partnership, ten dollars |
| ($10.00); |
| (4)(5) Filing an application to reserve a limited partnership name, fifty dollars ($50.00); |
| (5)(6) Filing a notice of transfer of a reserved limited partnership name, fifty dollars |
| ($50.00); |
| (6)(7) Filing a statement of change of address of specified office or change of specified |
| agent, twenty dollars ($20.00); |
| (7)(8) Filing a statement of change of address only for a specified agent, without fee; |
| (8)(9) Filing an application of a foreign limited partnership to register as a foreign limited |
| partnership, one hundred dollars ($100); |
| (9)(10) Filing a certificate of withdrawal of registration as a foreign limited partnership, |
| twenty-five dollars ($25.00); |
| (10)(11) Filing any other document, statement, or report of a domestic or foreign limited |
| partnership, except an annual report, ten dollars ($10.00); |
| (11)(12) Filing a certificate of amendment of a foreign limited partnership, fifty dollars |
| ($50.00); |
| (12)(13) An annual report of a domestic or foreign limited partnership, fifty dollars |
| ($50.00); |
| (13)(14) To withdraw the certificate of revocation of a limited partnership, whether |
| domestic or foreign, a penalty in the amount of fifty dollars ($50.00) for each year or part of the |
| year that has elapsed since the issuance of the certificate of revocation; |
| (14)(15) For issuing a certificate of good standing/letter of status, twenty dollars ($20.00). |
| (15)(16) For issuing a certificate of fact, thirty dollars ($30.00); |
| (16)(17) For furnishing a certified copy of any document, instrument, or paper relating to |
| a domestic or foreign limited partnership, a fee of fifteen cents ($.15) per page and ten dollars |
| ($10.00) for the certificate and affirming the seal to it; and |
| (17)(18) Service of process on the secretary of state as registered agent of a limited |
| partnership, fifteen dollars ($15.00) which amount may be recovered as a taxable cost by the party |
| to the suit or action making the service if the party prevails in the suit or action. |
| 7-13.1-206. Filing requirements. [Effective January 1, 2023.] |
| (a) To be filed by the secretary of state pursuant to this chapter, a record must be received |
| by the secretary of state, must comply with this chapter, and satisfy the following: |
| (1) The filing of the record must be required or permitted by this chapter. |
| (2) The record must be physically delivered in written form unless and to the extent the |
| secretary of state permits electronic delivery of records. |
| (3) The words in the record must be in English, and numbers must be in Arabic or Roman |
| numerals, but the name of an entity need not be in English if written in English letters or Arabic or |
| Roman numerals. |
| (4) The record must be signed under pains and penalties of perjury by a person authorized |
| or required under this chapter to sign the record. |
| (5) The record must state the name and capacity, if any, of each individual who signed it, |
| either on behalf of the individual or the person authorized or required to sign the record, but need |
| not contain a seal, attestation, acknowledgment, or verification. |
| (b) If law other than this chapter prohibits the disclosure by the secretary of state of |
| information contained in a record delivered to the secretary of state for filing, the secretary of state |
| shall file the record if the record otherwise complies with this chapter but may redact the |
| information. |
| (c) When a record is delivered to the secretary of state for filing, any fee required under |
| this chapter and any fee, tax, interest, or penalty required to be paid under this chapter or law other |
| than this chapter must be paid in a manner permitted by the secretary of state or by that law. |
| (d) The secretary of state may require that a record delivered in written form be |
| accompanied by an identical or conformed copy. |
| (e) The secretary of state may provide forms for filings required or permitted to be made |
| by this chapter, but, except as otherwise provided in subsection (f) of this section and § 7-13.1-22 |
| 7-13.1-212, their use is not required. |
| (f) The secretary of state may require that a cover sheet for a filing be on a form prescribed |
| by the secretary of state. |
| 7-13.1-212. Annual report for secretary of state. [Effective January 1, 2023.] |
| (a) A limited partnership or registered foreign limited partnership shall deliver to the |
| secretary of state for filing an annual report that states: |
| (1) The name of the partnership or foreign partnership; |
| (2) The addresses of its principal office; |
| (3) The name and address of each general partner; |
| (4) In the case of a foreign partnership, its jurisdiction of formation and any alternate name |
| adopted under § 7-13.1-1006(a); |
| (5) A brief statement of the character of the business in which the limited partnership is |
| actually engaged in this state; and |
| (6) Any additional information that is required by the secretary of state. |
| (b) The annual report must be made on forms prescribed and furnished by the secretary of |
| state, and the information in the annual report must be current as of the date the report is signed by |
| the limited partnership or registered foreign limited partnership. |
| (c) The first annual report must be delivered to the secretary of state for filing after February |
| 1 and before May 1 of the year following the calendar year in which the limited partnership’s |
| certificate of limited partnership became effective or the registered foreign limited partnership |
| registered to do business in this state. Subsequent annual reports must be delivered to the secretary |
| of state for filing after February 1 and before May 1 of each calendar year thereafter. Proof to the |
| satisfaction of the secretary of state that prior to May 1 the report was deposited in the United States |
| mail in a sealed envelope, properly addressed, with postage prepaid, is deemed to be a compliance |
| with this requirement. |
| (d) If the secretary of state finds that the annual report conforms to the requirements of this |
| chapter, the secretary of state shall file the report. If an annual report does not contain the |
| information required by this section, the secretary of state promptly shall notify the reporting |
| limited partnership or registered foreign limited partnership in a record and return the report for |
| correction, in which event the penalties subsequently prescribed for failure to file the report within |
| the time previously provided do not apply if the report is corrected to conform to the requirements |
| of this chapter and returned to the secretary of state within thirty (30) days from the date on which |
| it was mailed to the corporation limited partnership by the secretary of state. |
| (e) Each limited partnership, domestic or foreign, that fails or refuses to file its annual |
| report for any year within thirty (30) days after the time prescribed by this chapter is subject to a |
| penalty of twenty-five dollars ($25.00) per year. |
| 7-13.1-213. Filing of returns with the tax administrator — Annual charge. [Effective |
| January 1, 2023.] |
| (a) A limited partnership certified under this chapter shall file a return, in the form and |
| containing the information as prescribed by the tax administrator, as follows: |
| (1) If the fiscal year of the limited partnership is the calendar year, on or before the fifteenth |
| day of April in the year following the close of the fiscal year; and |
| (2) If the fiscal year of the limited partnership is not a calendar year, on or before the |
| fifteenth day of the fourth month following the close of the fiscal year. |
| (b) For tax years beginning after December 31, 2022 December 31, 2015, a limited |
| partnership certified under this chapter shall file a return, in the form and containing the information |
| as prescribed by the tax administrator, and shall be filed on or before the date a federal tax return |
| is due to be filed, without regard to extension. |
| (c) An annual charge, equal to the minimum tax imposed upon a corporation under § 44- |
| 11-2(e), shall be due on the filing of the limited partnership’s return filed with the tax administrator |
| and shall be paid to the division of taxation. |
| (d) The annual charge is delinquent if not paid by the due date for the filing of the return |
| and an addition of one hundred dollars ($100) to the charge is then due. |
| 7-13.1-812. Issuance of certificates of revocation. [Effective January 1, 2023.] |
| (a) Upon revoking any such certificate of limited partnership, the secretary of state shall: |
| (1) Issue a certificate of revocation in duplicate; |
| (2) File one of the certificates in the secretary of state’s office; |
| (3) Send to the limited partnership by regular mail a certificate of revocation, addressed to |
| the registered agent of the limited partnership in this state on file with the secretary of state’s office; |
| provided, however, that if a prior mailing addressed to the address of the registered agent of the |
| limited partnership in this state currently on file with the secretary of state’s office has been returned |
| to the secretary of state as undeliverable by the United States Postal Service for any reason, or if |
| the revocation certificate is returned as undeliverable to the secretary of state’s office by the United |
| States Postal Service for any reason, the secretary of state shall give notice as follows: |
| (i) To the limited partnership at its principal office of record as shown in its most recent |
| annual report, and no further notice shall be required; or |
| (ii) In the case of a limited partnership that has not yet filed an annual report, then to the |
| domestic limited liability company limited partnership at the principal office in the articles of |
| organization or to the authorized person listed on the articles of organization certificate of |
| registration, and no further notice shall be required. |
| (b) A limited partnership that is revoked continues in existence as an entity but may not |
| carry on any activities except as necessary to wind up its activities and affairs and liquidate its |
| assets under §§ 7-13.1-802, 7-13.1-806, 7-13.1-807, 7-13.1-808, and 7-13.1-810, or to apply for |
| reinstatement under § 7-13.1-813. |
| (c) The revocation of a limited partnership does not terminate the authority of its registered |
| agent. |
| 7-13.1-1011. Issuance of certificates of revocation. [Effective January 1, 2023.] |
| (a) Upon revoking any such certificate of registration of limited partnership, the secretary |
| of state shall: |
| (1) Issue a certificate of revocation in duplicate; |
| (2) File one of the certificates in the secretary of state’s office; |
| (3) Send to the limited partnership by regular mail a certificate of revocation, addressed to |
| the registered agent of the limited partnership in this state on file with the secretary of state’s office; |
| provided, however, that if a prior mailing addressed to the address of the registered agent of the |
| limited partnership in this state currently on file with the secretary of state’s office has been returned |
| to the secretary of state as undeliverable by the United States Postal Service for any reason, or if |
| the revocation certificate is returned as undeliverable to the secretary of state’s office by the United |
| States Postal Service for any reason, the secretary of state shall give notice as follows: |
| (i) To the limited partnership at its principal office of record as shown in its most recent |
| annual report, and no further notice shall be required; or |
| (ii) In the case of a limited partnership that has not yet filed an annual report, then to the |
| principal office listed in the certificate of registration, and no further notice shall be required. |
| (b) The authority of the registered foreign limited partnership to do business in this state |
| ceases on the effective date of the certificate of revocation, or to apply for reinstatement under |
| § 7-13.1-1012 unless before that date the partnership cures each ground for revocation stated |
| in the notice. |
| (c) The revocation of a limited partnership does not terminate the authority of its registered |
| agent. |
| 7-13.1-1012. Reinstatement. [Effective January 1, 2023.] |
| (a) Within ten (10) years after issuing a certificate of revocation as provided in § 7-13.1- |
| 1011, the secretary of state may withdraw the certificate of revocation and retroactively reinstate |
| the limited partnership in good standing as if its certificate of registration of limited partnership had |
| not been revoked except as subsequently provided: |
| (1) On the filing by the limited partnership of the documents it had previously failed to file |
| as set forth in § 7-13.1-1010(a)(3) through (6)(a)(8) and payment of any fees or taxes it had |
| previously failed to pay; |
| (2) On the payment by the limited partnership of a penalty in the amount of fifty dollars |
| ($50.00) for each year or part of year that has elapsed since the issuance of the certificate of |
| revocation; and |
| (3) Upon the filing by the limited partnership of a certificate of good standing from the |
| Rhode Island division of taxation. |
| (b) If, as permitted by the provisions of this chapter or chapter 1.2, 6, or 12.1 of this title, |
| another limited liability company, business or nonprofit corporation, registered limited liability |
| partnership or a limited partnership, or in each case domestic or foreign, authorized and qualified |
| to transact business in this state, bears or has filed a fictitious business name statement as to or |
| reserved or registered a name that is the same as, the name of the limited partnership with respect |
| to which the certificate of revocation is proposed to be withdrawn, then the secretary of state shall |
| condition the withdrawal of the certificate of revocation on the reinstated limited partnership |
| amending its certificate of registration so as to designate a name that meets the requirements of § |
| 7-13.1-114 by adopting an alternate name pursuant to § 7-13.1-1006(a). |
| (c) When reinstatement under this section has become effective, the following rules apply: |
| (1) The reinstatement relates back to and takes effect as of the effective date of the |
| certificate of revocation. |
| (2) The limited partnership resumes carrying on its activities and affairs as if the revocation |
| had not occurred. |
| (3) The rights of a person arising out of an act or omission in reliance on the revocation |
| before the person knew or had notice of the reinstatement are not affected. |
| 7-13.1-1101. Definitions. [Effective January 1, 2023.] |
| As used in this part: |
| (1) “Acquired entity” means the entity, all of one or more classes or series of interests of |
| which are acquired in an interest exchange. |
| (2) “Acquiring entity” means the entity that acquires all of one or more classes or series of |
| interests of the acquired entity in an interest exchange. |
| (3) "Articles of merger" means a statement under § 7-13.1-1125. |
| (3)(4) “Conversion” means a transaction authorized by subpart 4. |
| (4)(5) “Converted entity” means the converting entity as it continues in existence after a |
| conversion. |
| (5)(6) “Converting entity” means the domestic entity that approves a plan of conversion |
| pursuant to § 7-13.1-1143 or the foreign entity that approves a conversion pursuant to the law of |
| its jurisdiction of formation. |
| (6)(7) “Distributional interest” means the right under an unincorporated entity’s organic |
| law and organic rules to receive distributions from the entity. |
| (7)(8) “Domestic”, with respect to an entity, means governed as to its internal affairs by |
| the law of this state. |
| (8)(9) “Domesticated limited partnership” means the domesticating limited partnership as |
| it continues in existence after a domestication. |
| (9)(10) “Domesticating limited partnership” means the domestic limited partnership that |
| approves a plan of domestication pursuant to § 7-13.1-1153 or the foreign limited partnership that |
| approves a domestication pursuant to the law of its jurisdiction of formation. |
| (10)(11) “Domestication” means a transaction authorized by subpart 5. |
| (11)(12) “Entity”: |
| (i) Means: |
| (A) A business corporation; |
| (B) A nonprofit corporation; |
| (C) A general partnership, including a limited liability partnership; |
| (D) A limited partnership, including a limited liability limited partnership; |
| (E) A limited liability company; |
| (F) A general cooperative association; |
| (G) A limited cooperative association; |
| (H) An unincorporated nonprofit association; |
| (I) A statutory trust, business trust, or common-law business trust; or |
| (J) Any other person that has: |
| (I) A legal existence separate from any interest holder of that person; or |
| (II) The power to acquire an interest in real property in its own name; and |
| (ii) Does not include: |
| (A) An individual; |
| (B) A trust with a predominantly donative purpose or a charitable trust; |
| (C) An association or relationship that is not an entity listed in subsection (11)(i) of this |
| section and is not a partnership under the rules stated in § 7-12-18 [repealed] 7-12.1-202 or a |
| similar provision of the law of another jurisdiction; |
| (D) A decedent’s estate; or |
| (E) A government or a governmental subdivision, agency, or instrumentality. |
| (12)(13) “Filing entity” means an entity whose formation requires the filing of a public |
| organic record. The term does not include a limited liability partnership. |
| (13)(14) “Foreign”, with respect to an entity, means an entity governed as to its internal |
| affairs by the law of a jurisdiction other than this state. |
| (14)(15) “Governance interest” means a right under the organic law or organic rules of an |
| unincorporated entity, other than as a governor, agent, assignee, or proxy, to: |
| (i) Receive or demand access to information concerning, or the books and records of, the |
| entity; |
| (ii) Vote for or consent to the election of the governors of the entity; or |
| (iii) Receive notice of or vote on or consent to an issue involving the internal affairs of the |
| entity. |
| (15)(16) “Governor” means: |
| (i) A director of a business corporation or an officer of a business corporation that has no |
| board of directors; |
| (ii) A director or trustee of a nonprofit corporation; |
| (iii) A general partner of a general partnership; |
| (iv) A general partner of a limited partnership; |
| (v) A manager of a manager-managed limited liability company; |
| (vi) A member of a member-managed limited liability company; |
| (vii) A director of a general cooperative association; |
| (viii) A director of a limited cooperative association; |
| (ix) A manager of an unincorporated nonprofit association; |
| (x) A trustee of a statutory trust, business trust, or common-law business trust; or |
| (xi) Any other person under whose authority the powers of an entity are exercised and |
| under whose direction the activities and affairs of the entity are managed pursuant to the organic |
| law and organic rules of the entity. |
| (16)(17) “Interest” means: |
| (i) A share in a business corporation; |
| (ii) A membership in a nonprofit corporation; |
| (iii) A partnership interest in a general partnership; |
| (iv) A partnership interest in a limited partnership; |
| (v) A membership interest in a limited liability company; |
| (vi) A share in a general cooperative association; |
| (vii) A member’s interest in a limited cooperative association; |
| (viii) A membership in an unincorporated nonprofit association; |
| (ix) A beneficial interest in a statutory trust, business trust, or common-law business trust; |
| or |
| (x) A governance interest or distributional interest in any other type of unincorporated |
| entity. |
| (17)(18) “Interest exchange” means a transaction authorized by subpart 3. |
| (18)(19) “Interest holder” means: |
| (i) A shareholder of a business corporation; |
| (ii) A member of a nonprofit corporation; |
| (iii) A general partner of a general partnership; |
| (iv) A general partner of a limited partnership; |
| (v) A limited partner of a limited partnership; |
| (vi) A member of a limited liability company; |
| (vii) A shareholder of a general cooperative association; |
| (viii) A member of a limited cooperative association; |
| (ix) A member of an unincorporated nonprofit association; |
| (x) A beneficiary or beneficial owner of a statutory trust, business trust, or common-law |
| business trust; or |
| (xi) Any other direct holder of an interest. |
| (19)(20) “Interest holder liability” means: |
| (i) Personal liability for a liability of an entity which is imposed on a person: |
| (A) Solely by reason of the status of the person as an interest holder; or |
| (B) By the organic rules of the entity which make one or more specified interest holders or |
| categories of interest holders liable in their capacity as interest holders for all or specified liabilities |
| of the entity; or |
| (ii) An obligation of an interest holder under the organic rules of an entity to contribute to |
| the entity. |
| (20)(21) “Merger” means a transaction authorized by subpart 2. |
| (21)(22) “Merging entity” means an entity that is a party to a merger and exists immediately |
| before the merger becomes effective. |
| (22)(23) “Organic law” means the law of an entity’s jurisdiction of formation governing |
| the internal affairs of the entity. |
| (23)(24) “Organic rules” means the public organic record and private organic rules of an |
| entity. |
| (24)(25) “Plan” means a plan of merger, plan of interest exchange, plan of conversion, or |
| plan of domestication. |
| (25)(26) “Plan of conversion” means a plan under § 7-13.1-1142. |
| (26)(27) “Plan of domestication” means a plan under § 7-13.1-1152. |
| (27)(28) “Plan of interest exchange” means a plan under § 7-13.1-1132. |
| (28)(29) “Plan of merger” means a plan under § 7-13.1-1122. |
| (29)(30) “Private organic rules” means the rules, whether or not in a record, that govern |
| the internal affairs of an entity, are binding on all its interest holders, and are not part of its public |
| organic record, if any. The term includes: |
| (i) The bylaws of a business corporation; |
| (ii) The bylaws of a nonprofit corporation; |
| (iii) The partnership agreement of a general partnership; |
| (iv) The partnership agreement of a limited partnership; |
| (v) The operating agreement of a limited liability company; |
| (vi) The bylaws of a general cooperative association; |
| (vii) The bylaws of a limited cooperative association; |
| (viii) The governing principles of an unincorporated nonprofit association; and |
| (ix) The trust instrument of a statutory trust or similar rules of a business trust or a common- |
| law business trust. |
| (30)(31) “Protected agreement” means: |
| (i) A record evidencing indebtedness and any related agreement in effect on January 1, |
| 2023; |
| (ii) An agreement that is binding on an entity on January 1, 2023; |
| (iii) The organic rules of an entity in effect on January 1, 2023; or |
| (iv) An agreement that is binding on any of the governors or interest holders of an entity |
| on January 1, 2023. |
| (31)(32) “Public organic record” means the record the filing of which by the secretary of |
| state is required to form an entity and any amendment to or restatement of that record. The term |
| includes: |
| (i) The articles of incorporation of a business corporation; |
| (ii) The articles of incorporation of a nonprofit corporation; |
| (iii) The certificate of limited partnership of a limited partnership; |
| (iv) The certificate of organization of a limited liability company; |
| (v) The articles of incorporation of a general cooperative association; |
| (vi) The articles of organization of a limited cooperative association; and |
| (vii) The certificate of trust of a statutory trust or similar record of a business trust. |
| (32)(33) “Registered foreign entity” means a foreign entity that is registered to do business |
| in this state pursuant to a record filed by the secretary of state. |
| (33)(34) “Statement of conversion” means a statement under § 7-13.1-1145. |
| (34)(35) “Statement of domestication” means a statement under § 7-13.1-1155. |
| (35)(36) “Statement of interest exchange” means a statement under § 7-13.1-1135. |
| (36) “Statement of merger” means a statement under § 7-13.1-1125. |
| (37) “Surviving entity” means the entity that continues in existence after or is created by a |
| merger. |
| (38) “Type of entity” means a generic form of entity: |
| (i) Recognized at common law; or |
| (ii) Formed under an organic law, whether or not some entities formed under that organic |
| law are subject to provisions of that law that create different categories of the form of entity. |
| 7-13.1-1125. Articles of merger — Effective date of merger. [Effective January 1, |
| 2023.] |
| (a) Articles of merger must be signed by each merging entity and delivered to the secretary |
| of state for filing. |
| (b) Articles of merger must contain: |
| (1) The name, jurisdiction of formation, and type of entity of each merging entity that is |
| not the surviving entity; |
| (2) The name, jurisdiction of formation, and type of entity of the surviving entity; |
| (3) A statement that the merger was approved by each domestic merging entity, if any, in |
| accordance with this subpart and by each foreign merging entity, if any, in accordance with the law |
| of its jurisdiction of formation; |
| (4) If the surviving entity exists before the merger and is a domestic filing entity, any |
| amendment to its public organic record approved as part of the plan of merger; |
| (5) If the surviving entity is created by the merger and is a domestic filing entity, its public |
| organic record, as an attachment; and |
| (6) If the surviving entity is created by the merger and is a domestic limited liability |
| partnership, its statement of qualification, as an attachment. |
| (c) In addition to the requirements of subsection (b) of this section, a statement of merger |
| may contain any other provision not prohibited by law. |
| (d) If the surviving entity is a domestic entity, its public organic record, if any, must satisfy |
| the requirements of the law of this state, except that the public organic record does not need to be |
| signed. |
| (e) If the surviving or resulting entity is not a domestic limited partnership or another filing |
| entity of record in the office of the secretary of state, the articles of merger must contain a |
| statement that the surviving or resulting other entity agrees that it may be served with process in |
| Rhode Island in any action, suit or proceeding for the enforcement of any obligation of any |
| domestic limited partnership that is to merge, irrevocably appointing the secretary of state as its |
| agent to accept service of process in the action, suit or proceeding and specifying the address to |
| which a copy of the process is to be mailed to it by the secretary of state. In the event of service |
| under this section on the secretary of state, the procedures set forth in § 7-13.1-121 are applicable, |
| except that the plaintiff in any action, suit or proceeding shall furnish the secretary of state with the |
| address specified in the articles of merger provided for in this section and any other address that |
| the plaintiff elects to furnish, together with copies of the process as required by the secretary of |
| state, and the secretary of state shall notify the surviving or resulting other business entity at all |
| addresses furnished by the plaintiff in accordance with the procedures set forth in § 7-13.1-121. |
| (f) A The articles of merger must contain a statement that the merging entity certifies |
| that it has no outstanding tax obligations. As required by §§ 7-13.1-213, 7-16-67 and 44-11-26.1, |
| the merging entity has paid all fees and taxes. |
| (g) If the surviving entity is a domestic limited partnership, the merger becomes effective |
| when the articles of merger are effective. In all other cases, the merger becomes effective on the |
| later of: |
| (1) The date and time provided by the organic law of the surviving entity; and |
| (2) When the articles of merger is effective. |
| SECTION 4. Section 27-19-55 of the General Laws in Chapter 27-19 entitled "Nonprofit |
| Hospital Service Corporations" is hereby amended to read as follows: |
| 27-19-55. Coverage for early intervention services. |
| (a) Every individual or group hospital or medical expense insurance policy or contract |
| providing coverage for dependent children, delivered or renewed in this state on or after July 1, |
| 2004, shall include coverage of early intervention services which coverage shall take effect no later |
| than January 1, 2005. Such coverage shall be limited to a benefit of five thousand dollars ($5,000) |
| per dependent child per policy or calendar year and shall not be subject to deductibles and |
| coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall |
| not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For |
| the purpose of this section, “early intervention services” means, but is not limited to, speech and |
| language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition, |
| service plan development and review, nursing services, and assistive technology services and |
| devices for dependents from birth to age three (3) who are certified by the department of human |
| services as eligible for services under part C of the Individuals with Disabilities Education Act (20 |
| U.S.C. § 1471 et seq.) (20 U.S.C. § 1431 et seq.). |
| (b) Subject to the annual limits provided in this section, insurers shall reimburse certified |
| early intervention providers, who are designated as such by the Department of Human Services, for |
| early intervention services as defined in this section at rates of reimbursement equal to or greater |
| than the prevailing integrated state/Medicaid rate for early intervention services as established by |
| the Department of Human Services. |
| (c) This section shall not apply to insurance coverage providing benefits for: (1) hospital |
| confinement indemnity; (2) disability income; (3) accident only; (4) long-term care; (5) Medicare |
| supplement; (6) limited benefit health; (7) specified disease indemnity; (8) sickness or bodily injury |
| or death by accident or both; and (9) other limited benefit policies. |
| SECTION 5. Section 27-20-50 of the General Laws in Chapter 27-20 entitled "Nonprofit |
| Medical Service Corporations" is hereby amended to read as follows: |
| 27-20-50. Coverage for early intervention services. |
| (a) Every individual or group hospital or medical expense insurance policy or contract |
| providing coverage for dependent children, delivered or renewed in this state on or after July 1, |
| 2004, shall include coverage of early intervention services which coverage shall take effect no later |
| than January 1, 2005. Such coverage shall be limited to a benefit of five thousand dollars ($5,000) |
| per dependent child per policy or calendar year and shall not be subject to deductibles and |
| coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall |
| not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For |
| the purpose of this section, “early intervention services” means, but is not limited to, speech and |
| language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition, |
| service plan development and review, nursing services, and assistive technology services and |
| devices for dependents from birth to age three (3) who are certified by the department of human |
| services as eligible for services under part C of the Individuals with Disabilities Education Act (20 |
| U.S.C. § 1471 et seq.) (20 U.S.C. § 1431 et seq.). |
| (b) Subject to the annual limits provided in this section, insurers shall reimburse certified |
| early intervention providers, who are designated as such by the Department of Human Services, for |
| early intervention services as defined in this section at rates of reimbursement equal to or greater |
| than the prevailing integrated state/Medicaid rate for early intervention services as established by |
| the Department of Human Services. |
| (c) This section shall not apply to insurance coverage providing benefits for: (1) hospital |
| confinement indemnity; (2) disability income; (3) accident only; (4) long-term care; (5) Medicare |
| supplement; (6) limited benefit health; (7) specified disease indemnity; (8) sickness or bodily injury |
| or death by accident or both; and (9) other limited benefit policies. |
| SECTION 6. Section 27-20.10-3 of the General Laws in Chapter 27-20.10 entitled "Rental |
| Network Contract Arrangements" is hereby amended to read as follows: |
| 27-20.10-3. Registration. |
| (a) Any person that commences business as a contracting entity shall register with the |
| department within thirty (30) days of commencing business in the state of Rhode Island unless such |
| person is licensed by the department as an insurer. Upon passage of this chapter, each person not |
| licensed by the department as a contracting entity shall register with the department within ninety |
| (90) days of the effective date of this chapter. |
| (1) Registration shall consist of the submission of the following information: |
| (i) The official name of the contracting entity, including and any d/b/a designations used |
| in this state; |
| (ii) The mailing address and main telephone number for the contracting entity’s main |
| headquarters; and |
| (iii) The name and telephone number of the contracting entity’s representative who shall |
| serve as the primary contact with the department. |
| (2) The information required by this section shall be submitted in written or electronic |
| format, as prescribed by the department. |
| (b) The department may collect a reasonable fee for the purpose of administering the |
| registration process. |
| SECTION 7. Section 27-29-13 of the General Laws in Chapter 27-29 entitled "Unfair |
| Competition and Practices" is hereby amended to read as follows: |
| 27-29-13. Payment of premium — Cancellation. |
| Notwithstanding the provisions of chapter 40 of this title 14.6 of title 19, private passenger |
| motor vehicle insurance policyholders on either six (6) month or twelve (12) month policies shall |
| have the option of paying any policy premiums in installment payments; provided that for a twelve |
| (12) month policy the insurer may require a payment of fifteen percent (15%) of the annual |
| premium at time of issuance with the balance to be paid thereafter in nine (9) subsequent and equal |
| monthly installments thereafter for a six (6) month policy, the insurer may require a payment of |
| thirty-five percent (35%) of the premium at time of issuance with the balance to be paid in three |
| (3) subsequent and equal monthly installments thereafter. The insurer may levy a service charge of |
| up to five dollars ($5.00) per installment period against those policyholders who choose the |
| installment option. An insurer may levy and collect a maximum fee or charge of ten dollars ($10.00) |
| for any late payment of premium by a policyholder. A late fee may not be imposed unless payment |
| is received more than five (5) business days following the date payment is due. Policyholders shall |
| be entitled to receive no less than thirty (30) days notice before a cancellation of an automobile |
| insurance policy for any reason except nonpayment of premium, in which instance policyholders |
| shall be entitled to receive no less than ten (10) days notice. |
| SECTION 8. Sections 27-29.1-1 and 27-29.1-6 of the General Laws in Chapter 27-29.1 |
| entitled "Pharmacy Freedom of Choice — Fair Competition and Practices" are hereby amended to |
| read as follows: |
| 27-29.1-1. Definitions. |
| For purposes of this chapter, the following terms shall mean: |
| (1) “Director” shall mean the director of the department of business regulation. |
| (2) “Eligible bidder” shall mean a retail pharmacy, community pharmacy or pharmacy |
| department registered pursuant to chapter 19 of title 5 19.1 of title 5, irrespective of corporate |
| structure or number of locations at which it conducts business, located within the geographical |
| service area of a carrier and willing to bid for participation in a restricted pharmacy network |
| contract. |
| (3) “Insurer” shall mean an insurance carrier as defined in chapters 18, 19, 20 and 41 of |
| title 27. |
| (4) “Insured” shall mean any person who is entitled to have pharmacy services paid by an |
| insurer pursuant to a policy, certificate, contract or agreement of insurance or coverage. |
| (5) “Non-restricted pharmacy network” shall mean a network that permits any pharmacy |
| to participate on substantially uniform terms and conditions established by an insurer or pharmacy |
| benefits manager. |
| (6) “Pharmacy benefits manager” shall mean any person or entity that is not licensed in |
| Rhode Island as an insurer and that develops or manages pharmacy benefits, pharmacy network |
| contracts, or the pharmacy benefit bid process. |
| (7) “Restricted pharmacy network” shall mean an arrangement for the provision of |
| pharmaceutical drug services to insureds which under the terms of an insurer’s policy, certificate, |
| contract or agreement of insurance or coverage requires an insured or creates a financial incentive |
| for an insured to obtain prescription drug services from one or more participating pharmacies that |
| have entered into a specific contractual relationship with the carrier. |
| 27-29.1-6. Applicability and allowances. |
| (a) Nothing in this section chapter shall preclude an insurer from entering into an |
| agreement to allow non-network providers, other than independent community pharmacies, the |
| ability to participate with the insurer’s plans under terms and conditions set forth by the insurer. |
| (b) The provisions of this chapter shall not apply to arrangements for the provision of |
| pharmaceutical drug benefits to insureds between an insurer or a pharmacy benefits manager, and |
| a mail order pharmacy, or a hospital-based pharmacy which is not a retail pharmacy. |
| (c) Nothing in this section chapter shall be construed to require the provision of pharmacy |
| benefits to insureds through a restricted pharmacy network nor any other arrangement for the |
| provision of prescription drug benefits. |
| SECTION 9. Sections 27-30-5 and 27-30-6 of the General Laws in Chapter 27-30 entitled |
| "Consumer Credit Insurance" are hereby amended to read as follows: |
| 27-30-5. Term of consumer credit insurance. |
| (a) Effective date of coverage. |
| (1) For consumer credit insurance made available to and elected by the debtor before or |
| contemporaneous with a credit transaction to which the insurance relates, the term of insurance |
| shall, subject to acceptance by the insurer, commence on the date when the debtor becomes |
| obligated to the creditor, except that, when evidence of individual insurability is required and such |
| evidence is furnished more than thirty (30) days after the date when the debtor becomes obligated |
| to the creditor, the term of the credit insurance may commence on the date on which the insurance |
| company determines the evidence to be satisfactory. |
| (2) For insurance coverage made available to and elected by the debtor on a date subsequent |
| to the date of the consumer credit transaction to which the insurance relates, the insurance shall, |
| subject to acceptance by the insurer, commence on a date not earlier that than the date the election |
| is made by the debtor nor later than thirty (30) days following the date on which the insurance |
| company accepts the risk for coverage, according to an objective method such as one related to a |
| particular date within the billing or repayment cycle or a calendar month. |
| (3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, when a |
| group policy provides coverage with respect to debts existing on the policy effective date, the |
| insurance relating to the debt shall not commence before the effective date of the group policy. |
| (4) In no event shall a charge for insurance be made to the debtor and retained by the |
| creditor or insurer for any time prior to commencement of the consumer credit insurance to which |
| the charge is related. |
| (b) Termination date of coverage. |
| (1) The term of any consumer credit insurance shall not extend beyond the termination date |
| specified in the policy. The termination date of insurance may precede, coincide with or follow the |
| scheduled maturity date of the debt to which it relates, subject to any other requirements and |
| restrictions of this chapter. |
| (2) The term of any consumer credit insurance shall not extend more than fifteen (15) days |
| beyond the scheduled maturity date of the debt except when extended without additional cost to |
| the debtor or except when extended pursuant to a written agreement, signed by the debtor, in |
| connection with a variable interest rate credit transaction or a deferral, renewal, refinancing or |
| consolidation of debt. |
| (3) If the debt is discharged due to renewal, financing or consolidation prior to the |
| scheduled termination date of insurance, any insurance in force shall be terminated before any new |
| insurance may be written in connection with the renewed, refinanced or consolidated debt. |
| (4) In all cases of termination of insurance prior to the scheduled termination of the |
| insurance, an appropriate refund or credit to the debtor shall be made of any unearned insurance |
| charge paid by the debtor for a term of insurance after the date of the termination, except that no |
| refund is required of a charge made for insurance if the insurance is terminated by performance of |
| the insurer’s obligation with respect to insurance. |
| (5) An insured debtor may terminate consumer credit insurance at any time by providing |
| advance request to the insurer. The individual policy or group certificate may require that the |
| request be in writing or that the debtor surrender the individual policy or group certificate, or both. |
| The debtor’s right to terminate coverage may also be subject to the terms of the credit transaction |
| contract. |
| 27-30-6. Disclosure to debtors and provisions of policies and certificates of insurance. |
| (a) Pre-purchase disclosure. Before the debtor elects to purchase consumer credit insurance |
| in connection with a credit transaction, the following shall be disclosed to the debtor in writing: |
| (1) That the purchase of consumer credit insurance is optional and not a condition of |
| obtaining credit approval; |
| (2) If more than one kind of consumer credit insurance is being made available to the |
| debtor, whether the debtor can purchase each kind separately or the multiple coverages only as a |
| package; |
| (3) The conditions of eligibility; |
| (4) That, if the consumer has another insurance that covers the risk, he or she may not want |
| or need credit insurance; |
| (5) That within the first thirty (30) days after receiving the individual policy or group |
| certificate, the debtor may cancel the coverage and have all premium paid by the debtor refunded |
| or credited. Thereafter, the debtor may cancel the policy at any time during the term of the loan and |
| receive a refund of any unearned premium. However, only in those instances where insurance is a |
| requirement for the extension of credit, the debtor may be required to offer evidence of alternative |
| insurance acceptable to the creditor at the time of cancellation; |
| (6) A brief description of the coverage, including a description of the amount, the term, |
| any exception, limitations and exclusions, the insured event, any waiting or elimination period, any |
| deductible, any applicable waiver of premium provision, to whom the benefits would be paid and |
| the premium rate for each coverage or for all coverages in a package; |
| (7) That if the premium or insurance charge is financed, it will be subject to finance charges |
| at the rate applicable to the credit transaction. |
| (b) The disclosures required in subsection (a) above shall be provided in the following |
| manner: |
| (1) In connection with the consumer credit insurance offered contemporaneously with the |
| extension of credit or offered through direct mail advertisements, disclosure shall be made in |
| writing and presented to the consumer in a clear and conspicuous manner; |
| (2) In conjunction with the offer of credit insurance subsequent to the extension of credit |
| by other than direct mail advertisements, disclosure may be provided orally so long as written |
| disclosures are provided to the debtor no later than the earlier of: |
| (i) Ten (10) days after the offer; or |
| (ii) The date any other written material is provided to the debtor. |
| (c) All consumer credit insurance sold shall be evidenced by an individual policy, or a |
| group certificate of insurance which shall be delivered to the debtor. |
| (d) The individual policy or group certificate shall, in addition to other requirements of |
| law, set forth the following: |
| (1) The name and home office address of the insurer; |
| (2) The name or names of the debtor or debtors, or, in the case of a group certificate, the |
| identity by name or otherwise of the debtor or debtors; |
| (3) The premium or amount of payment by the debtor separately for each kind of coverage |
| or for all coverages in a package, except that for open-end loans, the premium rate and the basis of |
| premium calculation (e.g. average daily balance, prior monthly balance) shall be specified; |
| (4) A full description of the coverage or coverages, including the amount and term thereof, |
| and any exceptions, limitations and exclusions; |
| (5) A statement that the benefits shall be paid to the creditor to reduce or extinguish the |
| unpaid debt and, whenever the amount of insurance benefit exceeds the unpaid debt that any such |
| excess shall be payable to a beneficiary, other than the creditor, named by the debtor, or to the |
| debtor’s estate; and |
| (6) If the scheduled term of insurance is less than the scheduled term of the credit |
| transaction, a statement to that effect on the face of the individual policy or group certificate in not |
| less than ten (10) point bold face type. |
| (e) Unless the individual policy or group certificate of insurance is delivered to the debtor |
| at the time the debt is incurred, or at such other time that the debtor elects to purchase coverage, a |
| copy of the application for the policy or a notice of proposed insurance, signed by the debtor and |
| setting forth the name and home office address of the insurer, the name or names of the debtor, the |
| premium rate or amount of payment by the debtor for the insurance and the amount, term and a |
| brief description of the coverage provided, shall be delivered to the debtor at the time the debt is |
| incurred or the election to purchase coverage is made. The copy of the application for or notice of |
| proposed insurance shall also refer exclusively to insurance coverage, and shall be separate and |
| apart from the loan, sale or other credit statement of account, instrument or agreement, unless the |
| information required by this subsection is prominently set forth therein. Upon acceptance of the |
| insurance by the insurer and within thirty (30) days of the date upon which the debt is incurred or |
| the election to purchase coverage is made, the insurer shall cause the individual policy or group |
| certificate of insurance to be delivered to the debtor. The application or notice of proposed |
| insurance shall state that upon acceptance by the insurer, the insurance shall become effective as |
| provided in § 27-30-5. |
| (f) The application, notice of proposed insurance or certificate may be used to fulfill all of |
| the requirements of subsections (a) and (d) if it contains all the information required by those |
| subsections. |
| (g) The debtor has thirty (30) days from the date that he or she receives either the individual |
| policy or the group certificate to review the coverage purchased. At any time within the thirty (30) |
| day period, the debtor may contact the creditor or insurer issuing the policy or certificate and |
| request that the coverage be cancelled. The individual policy or group certificate may require the |
| request to be in writing or that the policy or certificate be returned to the insurer or both. The debtor |
| shall, within thirty (30) days of the request, receive a full refund or credit of all premiums or |
| insurance charges paid by the debtor. |
| (h) If the named insurer does not accept the risk, the debtor shall receive a policy or |
| certificate of insurance setting forth the name and home office address of the substituted insurer |
| and the amount of the premium to be charged, and, if the amount of premium is less than that set |
| forth in the notice of proposed insurance, an appropriate refund shall be made within thirty (30) |
| days. In If no insurer accepts the risk, then all premiums paid shall be refunded or credited within |
| thirty (30) days of application to the person entitled thereto. |
| (i) For the purpose of subsection (e) of this section, an individual policy or group certificate |
| delivered in conjunction with an open-end consumer credit agreement or any consumer credit |
| insurance requested by the debtor after the date of the debt shall be deemed to be delivered at the |
| time the debt is incurred or election to purchase coverage is made if the delivery occurs within |
| thirty (30) days of the date the insurance is effective. |
| (j) An individual policy or group certificate delivered in conjunction with an open-end |
| credit agreement shall continue from its effective date through the term of the agreement unless the |
| individual policy or group certificate is terminated in accordance with its terms at an earlier date. |
| SECTION 10. Section 27-34-5 of the General Laws in Chapter 27-34 entitled "Rhode |
| Island Property and Casualty Insurance Guaranty Association" is hereby amended to read as |
| follows: |
| 27-34-5. Definitions. |
| As used in this chapter: |
| (1) “Account” means any one of the three (3) accounts created by § 27-34-6; |
| (2) “Affiliate” means a person, who directly or indirectly, through one or more |
| intermediaries, controls, is controlled by, or is under common control with another on December |
| 31 of the year immediately preceding the date the insurer becomes an insolvent insurer; |
| (3) “Association” means the Rhode Island insurance guaranty association created under § |
| 27-34-6. |
| (4) “Association similar to the association” means any guaranty association, security fund |
| or other insolvency mechanism that affords protection similar to that of the association. The term |
| shall also include any property and casualty insolvency mechanism that obtains assessments or |
| other contributions from insurers on a pre-insolvency basis. |
| (5) “Assumed claims transaction” means the following: |
| (i) Policy obligations that have been assumed by the insolvent insurer, prior to the entry of |
| a final order of liquidation, through a merger between the insolvent insurer and another entity |
| obligated under the policies, and for which assumption consideration has been paid to the applicable |
| guaranty associations, if the merged entity is a non-member insurer; |
| (ii) Policy obligations that have been assumed by the insolvent insurer, prior to the entry |
| of a final order of liquidation, pursuant to a plan, approved by the domestic commissioner of the |
| assuming insurer, which: |
| (A) Transfers the direct policy obligations and future policy renewals from one insurer to |
| another insurer; and |
| (B) For which assumption consideration has been paid to the applicable guaranty |
| associations, if the assumption is from a non-member insurer. |
| (C) For purposes of this section the term non-member insurer also includes a self-insurer, |
| non-admitted insurer and risk retention group; or |
| (iii) An assumption reinsurance transaction in which all of the following has occurred: |
| (A) The insolvent insurer assumed, prior to the entry of a final order of liquidation, the |
| claim or policy obligations of another insurer or entity obligated under the claims or policies; |
| (B) The assumption of the claim or policy obligations has been approved, if such approval |
| is required, by the appropriate regulatory authorities; and |
| (C) As a result of the assumption, the claim or policy obligations became the direct |
| obligations of the insolvent insurer through a novation of the claims or policies. |
| (6) “Assumption consideration” shall mean the consideration received by a guaranty |
| association to extend coverage to the policies assumed by a member insurer from a non-member |
| insurer in any assumed claims transaction including liabilities that may have arisen prior to the date |
| of the transaction. The assumption consideration shall be in an amount equal to the amount that |
| would have been paid by the assuming insurer during the three (3) calendar years prior to the |
| effective date of the transaction to the applicable guaranty associations if the business had been |
| written directly by the assuming insurer. |
| (i) In the event that the amount of the premiums for the three (3) year period cannot be |
| determined, the assumption consideration will be determined by multiplying one hundred thirty |
| percent (130%) against the sum of the unpaid losses, loss adjustment expenses, and incurred but |
| not reported losses, as of the effective date of the assumed claims transaction, and then multiplying |
| such sum times the applicable guaranty association assessment percentage for the calendar year of |
| the transaction. |
| (ii) The funds paid to a guaranty association shall be allocated in the same manner as any |
| assessments made during the three (3) year period. The guaranty association receiving the |
| assumption consideration shall not be required to recalculate or adjust any assessments levied |
| during the prior three (3) calendar years as a result of receiving the assumption consideration. |
| Assumption consideration paid by an insurer may be recouped in the same manner as other |
| assessments made by a guaranty association. |
| (7) “Claimant” means any person instituting a covered claim; provided that no person who |
| is an affiliate of the insolvent insurer may be a claimant; |
| (8) “Commissioner” means the director of the department of business regulation or his or |
| her designee; |
| (9) “Control” means the possession, direct or indirect, of the power to direct or cause the |
| direction of the management and policies of a person, whether through the ownership of voting |
| securities, by contract other than a commercial contract for goods or nonmanagement services, or |
| otherwise, unless the power is the result of an official position with, or corporate office held by, the |
| person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds |
| with the power to vote, or holds proxies representing, ten percent (10%) or more of the voting |
| securities of any other person. This presumption may be rebutted by a showing that control does |
| not exist in fact; |
| (10) “Covered claim” means: |
| (i) An unpaid claim, including one for unearned premiums, submitted by a claimant, which |
| arises out of and is within the coverage and subject to the applicable limits of an insurance policy |
| to which this chapter applies if the insurer becomes an insolvent insurer after the effective date of |
| this chapter and the policy was either issued by the insurer or assumed by the insurer in an assumed |
| claims transaction, and: |
| (A) The claimant or insured is a resident of this state at the time of the insured event; |
| provided, that for entities other than an individual, the residence of a claimant, insured or |
| policyholder is the state in which its principal place of business is located at the time of the insured |
| event; or |
| (B) The claim is a first-party claim for damage to property with a permanent location in |
| this state. |
| (ii) Except as provided elsewhere in this section, “covered claim” shall not include: |
| (A) Any amount awarded as punitive or exemplary damages; |
| (B) Any amount sought as a return of premium under any retrospective rating plan; or |
| (C) Any amount due any reinsurer, insurer, insurance pool, or underwriting association, |
| health maintenance organization, hospital plan corporation, professional health service corporation |
| or self-insurer as subrogation recoveries, reinsurance recoveries, contribution, indemnification or |
| otherwise. No claim for any amount due any reinsurer, insurer, insurance pool, underwriting |
| association, health maintenance organization, hospital plan corporation, professional health service |
| corporation or self-insurer may be asserted against a person insured under a policy issued by an |
| insolvent insurer other than to the extent the claim exceeds the association obligation limitations |
| set forth in § 27-34-8; |
| (D) Any claims excluded pursuant to § 27-34-11.5 due to the high net worth of an insured; |
| (E) Any first party claims by an insured that is an affiliate of the insolvent insurer; |
| (F) Any fee or other amount relating to goods or services sought by or on behalf of any |
| attorney or other provider of goods or services retained by the insolvent insurer or an insured prior |
| to the date it was determined to be insolvent; |
| (G) Any fee or other amount sought by or on behalf of any attorney or other provider of |
| goods or services retained by any insured or claimant in connection with the assertion or |
| prosecution of any claim, covered or otherwise, against the association; |
| (H) Any claims for interest; or |
| (I) Any claim filed with the association or a liquidator for protection afforded under the |
| insured’s policy for incurred-but-not-reported losses. |
| (11) “Insolvent insurer” means an insurer licensed to transact insurance in this state either |
| at the time the policy was issued; when the obligation with respect to the covered claim was |
| assumed under an assumed claims transaction; or when the insured event occurred, and against |
| whom a final order of liquidation has been entered after the effective date of this chapter with a |
| finding of insolvency by a court of competent jurisdiction in the insurer’s state of domicile; |
| (12) “Insured” means any named insured, any additional insured, any vendor, lessor or any |
| other party identified as an insured under the policy. |
| (13) “Line of credit” means an irrevocable stand-by commitment whereby the association |
| or member insurer and a qualified financial institution or group of qualified financial institutions |
| enter into a formal and binding contract in which the qualified financial institution or group of |
| qualified financial institutions agree to lend a certain amount of money within a stated period of |
| time. |
| (14)(a)(i) “Member insurer” means any person who: |
| (i)(A) Writes any kind of insurance to which this chapter applies, under § 27-34-3, |
| including the exchange of reciprocal or interinsurance contracts; |
| (ii)(B) Is licensed to transact insurance in this state; and |
| (C) Is not otherwise excepted from membership by statute or regulation. |
| (b)(ii) An insurer shall cease to be a member insurer effective on the day following the |
| termination or expiration of its license to transact the kinds of insurance to which this chapter |
| applies, however, the insurer shall remain liable as a member insurer for any and all obligations, |
| including obligations for assessments levied prior to the termination or expiration of the insurer’s |
| license and assessment levied after the termination or expiration, which relate to any insurer that |
| became an insolvent insurer prior to the termination or expiration of the insurer’s license. |
| (iii) Is not otherwise excepted from membership by statute or regulation. |
| (15) “Net direct written premiums” means direct gross premiums written in this state on |
| insurance policies to which this chapter applies, including policy and membership fees, less the |
| following amounts: (i) Return premiums, (ii) Premiums on policies not taken and (iii) Dividends |
| paid or credited to policyholders on that direct business. “Net direct written premiums” does not |
| include premiums on contracts between insurers or reinsurers; |
| (16) “Novation” means that the assumed claim or policy obligations became the direct |
| obligations of the insolvent insurer through consent of the policyholder and that thereafter the |
| ceding insurer or entity initially obligated under the claims or policies is released by the |
| policyholder from performing its claim or policy obligations. Consent may be express or implied |
| based upon the circumstances, notice provided and conduct of the parties. |
| (17) “Ocean marine insurance” means any form of insurance, regardless of the name, label |
| or marketing designation of the insurance policy, which insures against maritime perils or risks and |
| other related perils or risks, which are usually insured against by traditional marine insurance, such |
| as hull and machinery, marine builders risk, and marine protection and indemnity. Perils and risk |
| insured against include without limitation loss, damage, expense or legal liability of the insured for |
| loss, damage or expense arising out of or incident to ownership, operation, chartering, maintenance, |
| use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways |
| for commercial purposes, including liability of the insured for personal injury, injury, illness or |
| death or for loss or damage to the property of the insured or another person. |
| (18) “Person” means any individual, aggregation of individuals, corporation, partnership, |
| or other entity; |
| (19) “Qualified financial institution” shall have the same meaning as the term in § 27-1.1- |
| 3. |
| (20) “Receiver” means liquidator, rehabilitator, conservator or ancillary receiver, as the |
| context requires. |
| (21) “Self-insurer” means a person that covers its liability through a qualified individual or |
| group self-insurance program or any other formal program created for the specific purpose of |
| covering liabilities typically covered by insurance. |
| (22) “Self-insured retention” means: |
| (i) Any fund or other arrangement to pay claims other than by an insurance company; or |
| (ii) Any arrangement under which an insurance company has no obligation to pay claims |
| on behalf of an insured if it is not reimbursed by the insured. |
| SECTION 11. Sections 27-34.2-2, 27-34.2-6 and 27-34.2-21 of the General Laws in |
| Chapter 27-34.2 entitled "Long Term Care Insurance" are hereby amended to read as follows: |
| 27-34.2-2. Scope. |
| Long term care insurance is deemed to be accident and health insurance and is classified |
| as such for the purposes of chapter 34.1 34.3 of this title, the Rhode Island Life and Health |
| Insurance Guaranty Association Act. The requirements of this chapter apply to policies delivered |
| or issued for delivery in this state, except as provided in § 27-34.2-5. This chapter is not intended |
| to supercede the obligations of entities subject to this chapter to comply with the substance of other |
| applicable insurance laws insofar as they do not conflict with this chapter. The benefits required |
| for long term care insurance shall only be the benefits specified in this chapter and in regulations |
| promulgated under § 27-34.2-16. |
| 27-34.2-6. Disclosure and performance standards for long-term-care insurance. |
| (a) The director may adopt regulations that establish: |
| (1) Standards for full and fair disclosure setting forth the manner, content, and required |
| disclosures for the sale of long-term-care insurance policies, terms of renewability, initial and |
| subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of |
| dependents, preexisting conditions, termination of insurance, continuation or conversion, |
| probationary periods, limitations, exceptions, reductions, elimination periods, requirements for |
| replacement, recurrent conditions, and definitions of terms; and |
| (2) Reasonable rules and regulations that are necessary, proper, or advisable to the |
| administration of this chapter including the procedure for the filing or submission of policies |
| subject to this chapter. This provision may not abridge any other authority granted the director by |
| law. |
| (b) No long-term-care insurance policy may: |
| (1) Be cancelled, nonrenewed, or terminated on the grounds of the age or the deterioration |
| of the mental or physical health of the insured individual or certificate holder; or |
| (2) Contain a provision establishing a new waiting period in the event existing coverage is |
| converted to or replaced by a new or other form within the same company, except with respect to |
| an increase in benefits voluntarily selected by the insured individual or group policyholder; or |
| (3) Provide coverage for skilled nursing care only or provide more coverage for skilled |
| care in a facility than coverage for lower levels of care. |
| (c) A long-term-care policy must provide: |
| (1) Home healthcare benefits that are at least fifty percent (50%) of those provided for care |
| in a nursing facility. The evaluation of the amount of coverage shall be based on aggregate days of |
| care covered for home health care when compared to days of care covered for nursing home care; |
| and |
| (2) Home healthcare benefits that meet the National Association of Insurance |
| Commissioners’ minimum standards for home healthcare benefits in long-term-care insurance |
| policies. |
| (d)(1) No long-term-care insurance policy or certificate other than a policy or certificate |
| issued to a group as defined in § 27-34.2-4(4)(i) shall use a definition of “preexisting condition” |
| which is more restrictive than the following: “preexisting condition” means a condition for which |
| medical advice or treatment was recommended by, or received from a provider of healthcare |
| services, within six (6) months preceding the effective date of coverage of an insured person; |
| (2) No long-term-care insurance policy or certificate other than a policy or certificate issued |
| to a group as defined in § 27-34.2-4(4)(i) may exclude coverage for a loss or confinement that is |
| the result of a preexisting condition, unless the loss or confinement begins within six (6) months |
| following the effective date of coverage of an insured person; |
| (3) The director may extend the limitation periods set forth in subsections (d)(1) and (d)(2) |
| of this section as to specific age group categories in specific policy forms upon findings that the |
| extension is in the best interest of the public; |
| (4) The definition of “preexisting condition” does not prohibit an insurer from using an |
| application form designed to elicit the complete health history of an applicant, and, on the basis of |
| the answers on that application, from underwriting in accordance with that insurer’s established |
| underwriting standards. Unless otherwise provided in the policy or certificate, a preexisting |
| condition, regardless of whether it is disclosed on the application, need not be covered until the |
| waiting period described in subsection (d)(2) of this section expires. No long-term-care insurance |
| policy or certificate may exclude or use waivers or riders of any kind to exclude, limit or reduce |
| coverage or benefits for specifically named or described preexisting diseases or physical conditions |
| beyond the waiting period described in subsection (d)(2) of this section, unless the waiver or rider |
| has been specifically approved by the director as set forth in § 27-34.2-8. This shall not permit |
| exclusion or limitation of benefits on the basis of Alzheimer’s disease, other dementias, or organic |
| brain disorders. |
| (e)(1) No long-term-care insurance policy may be delivered or issued for delivery in this |
| state if the policy: |
| (i) Conditions eligibility for any benefits on a prior hospitalization or institutionalization |
| requirement; |
| (ii) Conditions eligibility for benefits provided in an institutional care setting on the receipt |
| of a higher level of institutional care; or |
| (iii) Conditions eligibility for any benefits other than waiver of premium, post- |
| confinement, post-acute care, or recuperative benefits on a prior institutionalization requirement. |
| (2) A long-term-care insurance policy or rider shall not condition eligibility for non- |
| institutional benefits on the prior or continuing receipt of skilled care services. |
| (3) No long-term-care insurance policy or rider that provides benefits only following |
| institutionalization shall condition such benefits upon admission to a facility for the same or related |
| conditions within a period of less than thirty (30) days after discharge from the institution. |
| (f) The commissioner may adopt regulations establishing loss ratio standards for long-term- |
| care insurance policies provided that a specific reference to long-term-care insurance policies is |
| contained in the regulation. |
| (g)(1) Long-term-care insurance applicants shall have the right to return the policy, |
| certificate, or rider to the company or an agent/insurance producer of the company within thirty |
| (30) days of its receipt and to have the premium refunded if, after examination of the policy, |
| certificate, or rider, the applicant is not satisfied for any reason. |
| (2) Long-term-care insurance policies, certificates, and riders shall have a notice |
| prominently printed on the first page or attached thereto including specific instructions to |
| accomplish a return. This requirement shall not apply to certificates issued pursuant to a policy |
| issued to a group defined in § 27-34.2-4. The following free look statement or language |
| substantially similar shall be included: |
| “You have thirty (30) days from the day you receive this policy, certificate, or rider to |
| review it and return it to the company if you decide not to keep it. You do not have to tell the |
| company why you are returning it. If you decide not to keep it, simply return it to the company at |
| its administration office. Or you may return it to the agent/insurance producer that you bought it |
| from. You must return it within thirty (30) days of the day you first received it. The company will |
| refund the full amount of any premium paid within thirty (30) days after it receives the returned |
| policy, certificate, or rider. The premium refund will be sent directly to the person who paid it. The |
| returned policy, certificate, or rider will be void as if it had never been issued.” |
| (h)(1) An outline of coverage shall be delivered to a prospective applicant for long-term- |
| care insurance at the time of initial solicitation through means that prominently direct the attention |
| of the recipient to the document and its purpose; |
| (2) The commissioner shall prescribe a standard format, including style, arrangement, and |
| overall appearance, and the content of an outline of coverage; |
| (3) In the case of insurance producer solicitations, an insurance producer must deliver the |
| outline of coverage prior to the presentation of an application or enrollment form; |
| (4) In the case of direct response solicitations, the outline of coverage must be presented in |
| conjunction with any application or enrollment form; |
| (5) In the case of a policy issued to a group defined in § 27-34.2-4(4)(i), an outline of |
| coverage shall not be required to be delivered, provided that the information described in |
| subsections (h)(6)(i) — (h)(6)(vi) of this section is contained in other materials relating to |
| enrollment. Upon request, these other materials shall be made available to the commissioner; |
| (6) The outline of coverage shall include: |
| (i) A description of the principal benefits and coverage provided in the policy; |
| (ii) A description of the eligibility triggers for benefits and how those triggers are met; |
| (iii) A statement of the principal exclusions, reductions, and limitations contained in the |
| policy; |
| (iv) A statement of the terms under which the policy or certificate, or both, may be |
| continued in force or discontinued, including any reservation in the policy of a right to change |
| premiums. Continuation or conversion provisions of group coverage shall be specifically described; |
| (v) A statement that the outline of coverage is only a summary, not a contract of insurance, |
| and that the policy or group master policy contains governing contractual provisions; |
| (vi) A description of the terms under which the policy or certificate may be returned and |
| the premium refunded; |
| (vii) A brief description of the relationship of cost of care and benefits; and |
| (viii) A statement that discloses to the policyholder or certificate holder whether the policy |
| is intended to be a federally tax-qualified long-term-care insurance contract under § 7702B(b) of |
| the Internal Revenue Code of 1986, as amended, et seq. |
| (i) A certificate issued pursuant to a group long-term-care insurance policy which policy is |
| delivered or issued for delivery in this state shall include: |
| (1) A description of the principal benefits and coverage provided in the policy; |
| (2) A statement of the principal exclusions, reductions, and limitations contained in the |
| policy; and |
| (3) A statement that the group master policy determines governing contractual provisions. |
| (j) If an application for a long-term-care insurance contract or certificate is approved, the |
| issuer shall deliver the contract or certificate of insurance to the applicant no later than thirty (30) |
| days after the date of approval. |
| (k) At the time of policy delivery, a policy summary shall be delivered for an individual |
| life insurance or annuity policy that provides long-term-care benefits within the policy or by rider. |
| In the case of direct response solicitations, the insurer shall deliver the policy summary upon the |
| applicant’s request, but regardless of request shall make the delivery no later than at the time of |
| policy delivery. In addition to complying with all applicable requirements, the summary shall also |
| include: |
| (1) An explanation of how the long-term-care benefit interacts with other components of |
| the policy; |
| (2) An illustration of the amount of benefits, the length of benefits, and the guaranteed |
| lifetime benefits, including a statement that any long-term-care inflation projection option required |
| by § 27-34.2-13, is not available under the policy for each covered person; |
| (3) Any exclusions, reductions, and limitations on long-term-care benefits; |
| (4) A statement that any long-term-care inflation protection option required by 230-RICR- |
| 20-35-1 is not available under this policy. If inflation protection was not required to be offered, or |
| if inflation protection was required to be offered but was rejected, a statement that inflation |
| protection is not available under this policy that provides long-term-care benefits, and an |
| explanation of other options available under the policy, if any, to increase the funds available to |
| pay for the long-term-care benefits. |
| (5) If applicable to the policy type, the summary shall also include: |
| (i) A disclosure of the effects of exercising other rights under the policy; |
| (ii) A disclosure of guarantees, fees or other costs related to long-term-care costs of |
| insurance charges in the base policy and any riders; and |
| (iii) Current and projected periodic and maximum lifetime benefits. |
| (6) The provisions of the policy summary listed above may be incorporated into a basic |
| illustration or into the life insurance policy summary that is required to be delivered in accordance |
| with chapter 4 of this title and the rules and regulations promulgated under § 27-4-23. |
| (l) Any time a long-term benefit, funded through a life insurance vehicle by the acceleration |
| of the death benefit, is in benefit payment status, a monthly report shall be provided to the |
| policyholder. The report shall include: |
| (1) Any long-term-care benefits paid out during the month; |
| (2) Any costs or changes that apply or will apply to the policy or any riders; |
| (3) An explanation of any changes in the policy, e.g., death benefits or cash values, due to |
| long-term-care benefits being paid out; and |
| (4) The amount of long-term-care benefits existing or remaining. |
| (m) Any policy or rider advertised, marketed, or offered as long-term-care or nursing home |
| insurance shall comply with the provisions of this chapter. |
| (n) If a claim under a long-term-care insurance contract is denied, the issuer shall, within |
| sixty (60) days of the date of a written request by the policyholder or certificate holder, or a |
| representative thereof: |
| (1) Provide a written explanation of the reasons for the denial; and |
| (2) Make available all information directly related to the denial. |
| (o) Any policy, certificate, or rider advertised, marketed or offered as long-term care or |
| nursing home insurance, as defined in § 27-34.2-4, shall comply with the provisions of this chapter. |
| 27-34.2-21. Producer training requirements. |
| (a) On or after January 1, 2008, an individual may not sell, solicit or negotiate long-term- |
| care insurance unless the individual is licensed as an insurance producer for accident and health or |
| sickness or life and has completed a one-time training course. The training shall meet the |
| requirements set forth in this section. |
| (b) An individual already licensed and selling, soliciting or negotiating long-term care |
| insurance on July 3, 2007 may not continue to sell, solicit or negotiate long-term care insurance |
| unless the individual has completed a one-time training course as set forth in the section, within |
| one year from July 3, 2007. |
| (c) In addition to the one-time training course required in this section, an individual who |
| sells, solicits or negotiates long-term care insurance shall complete ongoing training as set forth in |
| this section. |
| (d) The training requirements of this section may be approved as continuing education |
| courses. |
| (e) The one-time training required by this section shall be no less than eight (8) hours and |
| the ongoing training required by this section shall be no less than four (4) hours every twenty-four |
| (24) months. |
| (f) The training required under paragraph (a) shall consist of topics related to long-term |
| care insurance, long-term care services and, if applicable, qualified state long-term care insurance. |
| Partnership partnership programs, including, but not limited to: |
| (1) State and federal regulations and requirements and the relationship between qualified |
| state long-term care insurance partnership programs and other public and private coverage of long- |
| term services, including Medicaid; |
| (2) Available long-term care services and providers; |
| (3) Changes or improvements in long-term care services or providers; |
| (4) Alternatives to the purchase of private long-term care insurance; |
| (5) The effect of inflation on benefits and the importance of inflation protection; and |
| (6) Consumer suitability standards and guidelines. |
| (g) The training required by this section shall not include training that is insurer or company |
| product specific or that includes any sales or marketing information, materials, or training, other |
| than those required by state or federal law. |
| (h) Insurers subject to this act shall obtain verification that a producer receives training |
| required by this section before a producer is permitted to sell, solicit or negotiate the insurer’s long- |
| term-care insurance products, maintain records subject to the state’s record retention requirements, |
| and make that verification available to the commissioner upon request. |
| (i) Insurers subject to this act shall maintain records with respect to the training of its |
| producers concerning the distribution of its partnership policies that will allow the state insurance |
| department to provide assurance to the state Medicaid agency that producers have received the |
| training contained in this section and that producers have demonstrated an understanding of the |
| partnership policies and their relationship to public and private coverage of long-term care, |
| including Medicaid, in this state. These records shall be maintained in accordance with the state’s |
| record retention requirements and shall be made available to the commissioner upon request. |
| (j) The satisfaction of these training requirements in any state shall be deemed to satisfy |
| the training requirements in this state. |
| SECTION 12. Sections 27-35-1, 27-35-3, 27-35-4 and 27-35-8 of the General Laws in |
| Chapter 27-35 entitled "Insurance Holding Company Systems" are hereby amended to read as |
| follows: |
| 27-35-1. Definitions. |
| As used in this chapter: |
| (a) “Affiliate.” An “affiliate” of, or person “affiliated” with, a specific person, is a person |
| who directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is |
| under common control with, the person specified. An “affiliate” does not include a protected cell |
| of a protected cell company organized under the protected cell companies act, chapter 64 of this |
| title. |
| (b) “Commissioner” means the definition prescribed by § 42-14-5. |
| (c) “Control.” The term “control” (including the terms “controlling,” “controlled by,” and |
| “under common control with”), means the possession, direct or indirect, of the power to direct or |
| cause the direction of the management and policies of a person, whether through the ownership of |
| voting securities, by contract other than a commercial contract for goods or management services, |
| or otherwise, unless the power is the result of an official position with or corporate office held by |
| the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, |
| holds with the power to vote, or holds proxies representing, ten percent (10%) or more of the voting |
| securities of any other person. This presumption may be rebutted by a showing made in the manner |
| provided by § 27-35-3(k) that control does not exist in fact. The commissioner may determine, after |
| furnishing all persons in interest notice and opportunity to be heard and making specific findings |
| of fact to support the determination, that control exists in fact, notwithstanding the absence of a |
| presumption to that effect. |
| (d) “Group capital calculation instructions” means the group capital calculation |
| instructions, as adopted by the NAIC and as amended by the NAIC from time to time, in accordance |
| with the procedures adopted by the NAIC. |
| (e) “Group-wide supervisor” means the regulatory official authorized to engage in |
| conducting and coordinating group-wide supervision activities who is determined or acknowledged |
| by the commissioner under § 27-35-5.5(d) to have sufficient significant contacts with the |
| internationally active insurance group. |
| (f) “Insurance holding company system.” An “insurance holding company system” |
| consists of two (2) or more affiliated persons, one or more of which is an insurer. |
| (g) “Insurer.” The term “insurer” means any person or persons or corporation, partnership, |
| or company authorized by the laws of this state to transact the business of insurance in this state, |
| including entities organized or authorized to transact business in this state pursuant to chapters 19, |
| 20, 20.1, 20.2, 20.3, and 41 of this title, except that it shall not include agencies, authorities, or |
| instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto |
| Rico, the District of Columbia, or a state or political subdivision of a state. |
| (h) “Internationally active insurance group” means an insurance holding company system |
| that: |
| (1) Includes an insurer registered under § 27-35-3; and |
| (2) Meets the following criteria: |
| (i) Premiums written in at least three (3) countries; |
| (ii) The percentage of gross premiums written outside the United States is at least ten |
| percent (10%) of the insurance holding company system’s total gross written premiums; and |
| (iii) Based on a three-year (3) rolling average, the total assets of the insurance holding |
| company system are at least fifty billion dollars ($50,000,000,000) or the total gross written |
| premiums of the insurance holding company system are at least ten billion dollars |
| ($10,000,000,000). |
| (i) “Enterprise Risk.” “Enterprise Risk” means any activity, circumstance, event or series |
| of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to |
| have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance |
| holding company system as a whole, including, but not limited to, anything that would cause the |
| insurer’s risk-based capital to fall into company action level as set forth in chapters 4.6 and 4.7 of |
| this title or would cause the insurer to be in a hazardous financial condition as set forth in chapter |
| 14.2 of this title. |
| (j) “NAIC” means the National Association of Insurance Commissioners. |
| (k) “NAIC liquidity stress test framework.” The “NAIC liquidity stress test framework” is |
| a separate NAIC publication that includes a history of the NAIC’s development of regulatory |
| liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress |
| test instructions and reporting templates for a specific data year, such scope criteria, instructions |
| and reporting template being as adopted by the NAIC and as amended by the NAIC from time to |
| time, in accordance with the procedures adopted by the NAIC. |
| (l) “Person.” A “person” is an individual, a corporation, a limited liability company, a |
| partnership, an association, a joint stock company, a trust, an unincorporated organization, or any |
| similar entity or any combination of the foregoing acting in concert, but shall not include any joint |
| venture partnership exclusively engaged in owning, managing, leasing or developing real or |
| tangible personal property. |
| (m) “Scope criteria.” The “scope criteria,” as detailed in the NAIC liquidity stress test |
| framework, are the designated exposure bases along with minimum magnitudes thereof for the |
| specified data year, used to establish a preliminary list of insurers considered scoped into the NAIC |
| liquidity stress test framework for that data year. |
| (n) “Securityholder.” A “securityholder” of a specified person is one who owns any |
| security of such person, including common stock, preferred stock, debt obligations, and any other |
| security convertible into or evidencing the right to acquire any of the foregoing. |
| (o) “Subsidiary.” A “subsidiary” of a specified person is an affiliate controlled by such |
| person directly, or indirectly, through one or more intermediaries. |
| (p) “Voting security.” The term “voting security” shall include any security convertible |
| into or evidencing a right to acquire a voting security. |
| 27-35-3. Registration of insurers. |
| (a) Registration. Every insurer authorized to do business in this state and that is a member |
| of an insurance holding company system shall register with the commissioner, except a foreign |
| insurer subject to registration requirements and standards adopted by statute or regulation in the |
| jurisdiction of its domicile that are substantially similar to those contained in: |
| (1) This section; |
| (2) Section 27-35-4(a)(1), (b), and (d); and |
| (3) Either § 27-35-4(a)(2) or a provision such as the following: Each registered insurer |
| shall keep current the information required to be disclosed in its registration statement by reporting |
| all material changes or additions within fifteen (15) days after the end of the month in which it |
| learns of each change or addition. |
| Any insurer subject to registration under this section shall register within fifteen (15) days |
| after it becomes subject to registration, and annually thereafter by May 1 of each year for the |
| previous calendar year, unless the commissioner for good cause shown extends the time for |
| registration, and then within the extended time. The commissioner may require any insurer |
| authorized to do business in the state that is a member of an insurance holding company system |
| and that is not subject to registration under this section to furnish a copy of the registration |
| statement, the summary specified in subsection (c) of this section, or other information filed by the |
| insurance company with the insurance regulatory authority of its domiciliary jurisdiction. |
| (b) Information and form required. Every insurer subject to registration shall file a |
| registration statement with the commissioner on a form and in a format prescribed by the NAIC |
| that shall contain the following current information: |
| (1) The capital structure, general financial condition, ownership, and management of the |
| insurer and any person controlling the insurer; |
| (2) The identity and relationship of every member of the insurance holding company |
| system; |
| (3) The following agreements in force and transactions currently outstanding or that have |
| occurred during the last calendar year between the insurer and its affiliates: |
| (i) Loans, other investments or purchases, sales or exchanges of securities of the affiliates |
| by the insurer or of the insurer by its affiliates; |
| (ii) Purchases, sales, or exchanges of assets; |
| (iii) Transactions not in the ordinary course of business; |
| (iv) Guarantees or undertakings for the benefit of an affiliate that result in an actual |
| contingent exposure of the insurer’s assets to liability, other than insurance contracts entered into |
| in the ordinary course of the insurer’s business; |
| (v) All management service contracts, service contracts, and all cost sharing arrangements; |
| (vi) Reinsurance agreements; |
| (vii) Dividends and other distributions to shareholders; and |
| (viii) Consolidated tax allocation agreements; |
| (4) Any pledge of the insurer’s stock, including stock of any subsidiary or controlling |
| affiliate, for a loan made to any member of the insurance holding company system; |
| (5) If requested by the commissioner, the insurer shall include financial statements of or |
| within an insurance holding company system, including all affiliates. Financial statements may |
| include, but are not limited to, annual audited financial statements filed with the U.S. Securities |
| and Exchange Commission (SEC) pursuant to the Securities Act of 1933, as amended, or the |
| Securities Exchange Act of 1934, as amended. An insurer required to file financial statements |
| pursuant to this paragraph may satisfy the request by providing the commissioner with the most |
| recently filed parent corporation financial statements that have been filed with the SEC; |
| (6) Other matters concerning transactions between registered insurers and any affiliates as |
| may be included from time to time in any registration forms adopted or approved by the |
| commissioner; |
| (7) Statements that the insurer’s board of directors oversees corporate governance and |
| internal controls and that the insurer’s officers or senior management have approved, implemented, |
| and continue to maintain and monitor corporate governance and internal control procedures; and |
| (8) Any other information required by the commissioner by rule or regulation. |
| (c) Summary of changes to registration statement. All registration statements shall |
| contain a summary outlining all items in the current registration statement representing changes |
| from the prior registration statement. |
| (d) Materiality. No information need be disclosed on the registration statement filed |
| pursuant to subsection (b) of this section if that information is not material for the purposes of this |
| section. Unless the commissioner by rule, regulation, or order provides otherwise, sales, purchases, |
| exchanges, loans, or extensions of credit, investments, or guarantees involving one-half of one |
| percent (.5%) or less of an insurer’s admitted assets as of the 31st day of December next preceding |
| shall not be deemed material for purposes of this section. The definition of materiality provided in |
| this subsection shall not apply for purposes of the group capital calculation or the liquidity stress |
| test framework. |
| (e) Reporting of dividends to shareholders. Subject to § 27-35-4(b), each registered |
| insurer shall report to the commissioner all dividends and other distributions to shareholders within |
| fifteen (15) business days following the declaration thereof. |
| (f) Information of insurers. Any person within an insurance holding company system |
| subject to registration shall be required to provide complete and accurate information to an insurer, |
| where the information is reasonably necessary to enable the insurer to comply with the provisions |
| of this act chapter. |
| (g) Termination of registration. The commissioner shall terminate the registration of any |
| insurer that demonstrates that it no longer is a member of an insurance holding company system. |
| (h) Consolidated filing. The commissioner may require or allow two (2) or more affiliated |
| insurers subject to registration to file a consolidated registration statement. |
| (i) Alternative registration. The commissioner may allow an insurer that is authorized to |
| do business in this state and which is part of an insurance holding company system to register on |
| behalf of any affiliated insurer which is required to register under subsection (a) and to file all |
| information and material required to be filed under this section. |
| (j) Exemptions. The provisions of this section shall not apply to any insurer, information, |
| or transaction if and to the extent that the commissioner by rule, regulation, or order shall exempt |
| from the provisions of this section. |
| (k) Disclaimer. Any person may file with commissioner a disclaimer of affiliation with |
| any authorized insurer or a disclaimer may be filed by the insurer or any member of an insurance |
| holding company system. The disclaimer shall fully disclose all material relationships and bases |
| for affiliation between the person and the insurer as well as the basis for disclaiming the affiliation. |
| A disclaimer of affiliation shall be deemed to have been granted unless the commissioner, |
| within thirty (30) days following receipt of a complete disclaimer, notifies the filing party that the |
| disclaimer is disallowed. In the event of disallowance, the disclaiming party may request an |
| administrative hearing, which shall be granted. The disclaiming party shall be relieved of its duty |
| to register under this section if approval of the disclaimer has been granted by the commissioner, |
| or if the disclaimer is deemed to have been approved. |
| (l) Enterprise riskfilings. |
| (1) The ultimate controlling person of every insurer subject to registration shall also file an |
| annual enterprise risk report. The report shall, to the best of the ultimate controlling person’s |
| knowledge and belief, identify the material risks within the insurance holding company system that |
| could pose enterprise risk to the insurer. The report shall be filed with the lead state commissioner |
| of the insurance holding company system as determined by the procedures within the Financial |
| Analysis Handbook adopted by the National Association of Insurance Commissioners (NAIC). |
| (2) Group capital calculation. Except as provided below, the ultimate controlling person |
| of every insurer subject to registration shall concurrently file with the registration an annual group |
| capital calculation, as directed by the lead state commissioner. The report shall be completed in |
| accordance with the NAIC group capital calculation instructions, which may permit the lead state |
| commissioner to allow a controlling person, that is not the ultimate controlling person, to file the |
| group capital calculation. The report shall be filed with the lead state commissioner of the insurance |
| holding company system, as determined by the commissioner, in accordance with the procedures |
| within the Financial Analysis Handbook adopted by the NAIC. Insurance holding company systems |
| described below are exempt from filing the group capital calculation: |
| (i) An insurance holding company system that has only one insurer within its holding |
| company structure, that only writes business in its domestic state, and assumes no business from |
| any other insurer; |
| (ii) An insurance holding company system that is required to perform a group capital |
| calculation, specified by the United States Federal Reserve Board. The lead state commissioner |
| shall request the calculation from the Federal Reserve Board, under the terms of information |
| sharing agreements in effect. If the Federal Reserve Board cannot share the calculation with the |
| lead state commissioner, the insurance holding company system is not exempt from the group |
| capital calculation filing; |
| (iii) An insurance holding company system whose non-United States group-wide |
| supervisor is located within a reciprocal jurisdiction, as described in § 27-1.1-1(g) that recognizes |
| the United States state regulatory approach to group supervision and group capital; |
| (iv) An insurance holding company system: |
| (A) That provides information to the lead state that meets the requirements for accreditation |
| under the NAIC financial standards and accreditation program, either directly or indirectly through |
| the group-wide supervisor, who has determined the information is satisfactory to allow the lead |
| state to comply with the NAIC group supervision approach, as detailed in the NAIC Financial |
| Analysis Handbook; and |
| (B) Whose non-United States group-wide supervisor that is not in a reciprocal jurisdiction |
| recognizes and accepts, as specified by the commissioner in regulation, the group capital |
| calculation as the world-wide group capital assessment for United States insurance groups who |
| operate in that jurisdiction; |
| (v) Notwithstanding the provisions of subsections (l)(2)(iii) and (iv) of this section, a lead |
| state commissioner shall require the group capital calculation for United States operations of any |
| non-United States based insurance holding company system where, after any necessary |
| consultation with other supervisors or officials, it is deemed appropriate by the lead state |
| commissioner for prudential oversight and solvency monitoring purposes or for ensuring the |
| competitiveness of the insurance marketplace. |
| (vi) Notwithstanding the exemptions from filing the group capital calculation stated in |
| subsections (l)(2)(iii) and (l)(2)(iv) of this section, the lead state commissioner has the discretion |
| to exempt the ultimate controlling person from filing the annual group capital calculation or to |
| accept a limited group capital filing or report, in accordance with criteria as specified by the |
| commissioner in regulation. |
| (vii) If the lead state commissioner determines that an insurance holding company system |
| no longer meets one or more of the requirements for an exemption from filing the group capital |
| calculation under this section, the insurance holding company system shall file the group capital |
| calculation at the next annual filing date unless given an extension by the lead state commissioner |
| based on reasonable grounds shown. |
| (3) Liquidity stress test. The ultimate controlling person of every insurer subject to |
| registration and also scoped into the NAIC liquidity stress test framework shall file the results of a |
| specific year’s liquidity stress test. The filing shall be made to the lead state insurance |
| commissioner of the insurance holding company system as determined by the procedures within |
| the Financial Analysis Handbook adopted by the National Association of Insurance |
| Commissioners: |
| (i) The NAIC liquidity stress test framework includes scope criteria applicable to a specific |
| data year. These scope criteria are reviewed at least annually by the financial stability task force or |
| its successor. Any change to the NAIC liquidity stress test framework or to the data year for which |
| the scope criteria are to be measured, shall be effective on January 1 of the year following the |
| calendar year when such changes are adopted. Insurers meeting at least one threshold of the scope |
| criteria are considered scoped into the NAIC liquidity stress test framework for the specified data |
| year, unless the lead state insurance commissioner, in consultation with the NAIC financial stability |
| task force or its successor, determines the insurer should not be scoped into the framework for that |
| data year. Similarly, insurers that do not trigger at least one threshold of the scope criteria are |
| considered scoped out of the NAIC liquidity stress test framework for the specified data year, unless |
| the lead state insurance commissioner, in consultation with the NAIC financial stability task force |
| or its successor, determines the insurer should be scoped into the framework for that data year. |
| (A) Regulators wish to avoid having insurers scoped in and out of the NAIC liquidity stress |
| test framework on a frequent basis. The lead state insurance commissioner, in consultation with the |
| financial stability task force or its successor, will assess this concern as part of the determination |
| for an insurer. |
| (ii) The performance of, and filing of the results from, a specific year’s liquidity stress test |
| shall comply with the NAIC liquidity stress test framework’s instructions and reporting templates |
| for that year and any lead state insurance commissioner determinations, in conjunction with the |
| financial stability task force or its successor, provided within the framework. |
| (m) Violations. The failure to file a registration statement or any summary of the |
| registration statement or enterprise risk filing required by this section within the time specified for |
| the filing shall be a violation of this section. |
| 27-35-4. Standards and management of an insurer within a holding company system. |
| (a) Transactions within an insurance holding company system. |
| (1) Transactions within an insurance holding company system to which an insurer subject |
| to registration is a party shall be subject to the following standards: |
| (i) The terms shall be fair and reasonable; |
| (ii) Agreements for cost sharing and management services shall include such provisions as |
| required by rule and regulation issued by the commissioner; |
| (iii) Charges or fees for services performed shall be reasonable; |
| (iv) Expenses incurred and payment received shall be allocated to the insurer in conformity |
| with customary insurance accounting practices consistently applied; |
| (v) The books, accounts, and records of each party to all such transactions shall be so |
| maintained as to clearly and accurately disclose the nature and details of the transactions including |
| such accounting information as is necessary to support the reasonableness of the charges or fees to |
| the respective parties; and |
| (vi) The insurer’s surplus as regards policyholders following any dividends or distributions |
| to shareholder affiliates shall be reasonable in relation to the insurer’s outstanding liabilities and |
| adequate to its financial needs;. |
| (vii) The charges or fees for services performed shall be reasonable; and |
| (2) The following transactions involving a domestic insurer and any person in its insurance |
| holding company system, including amendments or modifications of affiliate agreements |
| previously filed pursuant to this section, which are subject to any materiality standards contained |
| in subparagraphs (A) through (G) of this subsection, may not be entered into unless the insurer has |
| notified the commissioner in. writing of its intention to enter into the transaction at least thirty (30) |
| days prior, or such shorter period as the commissioner may permit, and the commissioner has not |
| disapproved it within that period. The notice for amendments or modifications shall include the |
| reasons for the change and the financial impact on the domestic insurer. Informal notice shall be |
| reported, within thirty (30) days after a termination of a previously filed agreement, to the |
| commissioner for determination of the type of filing required, if any. |
| (A) Sales, purchases, exchanges, loans, extensions of credit, or investments, provided the |
| transactions are equal to or exceed: |
| (i) With respect to nonlife insurers, the lesser of three percent (3%) of the insurer’s admitted |
| assets or twenty-five percent (25%) of surplus as regards policyholders as of the 31st day of |
| December next preceding; or |
| (ii) With respect to life insurers, three percent (3%) of the insurer’s admitted assets; as of |
| the 31st day of December next preceding; |
| (B) Loans or extensions of credit to any person who is not an affiliate, where the insurer |
| makes the loans or extensions of credit with the agreement or understanding that the proceeds of |
| the transactions, in whole or in substantial part, are to be used to make loans or extensions of credit |
| to, to purchase assets of, or to make investments in, any affiliate of the insurer making the loans of |
| or extensions of credit, provided the transactions are equal to or exceed: |
| (i) With respect to nonlife insurers, the lesser of three percent (3%) of the insurer’s admitted |
| assets or twenty-five percent (25%) of surplus as regards policyholders as of the 31st day of |
| December next preceding; |
| (ii) With respect to life insurers, three percent (3%) of the insurer’s admitted assets; as of |
| the 31st day of December next preceding; |
| (C) Reinsurance agreements or modifications thereto, including: |
| (I) All reinsurance pooling agreements; |
| (II) Agreements in which the reinsurance premium or a change in the insurer’s liabilities, |
| or the projected reinsurance premiums or a change in the insurer’s liabilities in any of the next three |
| (3) years, equals or exceeds five percent (5%) of the insurer’s surplus as regards policyholders as |
| of the 31st day of December next preceding, including those agreements which may require as |
| consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or |
| understanding exists between the insurer and nonaffiliate that any portion of those assets will be |
| transferred to one or more affiliates of the insurer; |
| (D) All management agreements, service contracts, tax allocation agreements, guarantees |
| and all cost sharing arrangements; |
| (E) Guarantees when made by a domestic insurer; provided, however, that a guarantee |
| which is quantifiable as to amount is not subject to the notice requirements of this subsection unless |
| it exceeds the lesser of one-half of one percent (.5%) of the insurer’s admitted assets or ten percent |
| (10%) of surplus as regards policyholders as of the 31st day of December next preceding. Further, |
| all guarantees which are not quantifiable as to amount are subject to the notice requirements of this |
| subsection; |
| (F) Direct or indirect acquisitions or investments in a person that controls the insurer or in |
| an affiliate of the insurer in an amount which, together with its present holdings in such investments, |
| exceeds two and one-half percent (2.5%) of the insurer’s surplus to policyholders. Direct or indirect |
| acquisitions or investments in subsidiaries acquired pursuant to § 27-35-1.5 (or authorized under |
| any other section of this chapter), or in non-subsidiary insurance affiliates that are subject to the |
| provisions of this act chapter, are exempt from this requirements requirement; and |
| (G) Any material transactions, specified by regulation, which the commissioner determines |
| may adversely affect the interests of the insurer’s policyholders; |
| Nothing contained in this paragraph shall be deemed to authorize or permit any transactions |
| which, in the case of an insurer not a member of the same insurance holding company system, |
| would be otherwise contrary to law. |
| (3) A domestic insurer may not enter into transactions which are part of a plan or series of |
| like transactions with persons within the insurance holding company system if the purpose of those |
| separate transactions is to avoid the statutory threshold amount and thus avoid the review that would |
| occur otherwise. If the commissioner determines that the separate transactions were entered into |
| over any twelve (12) month period for that purpose, he or she may exercise his or her authority |
| under § 27-35-9. |
| (4) The commissioner, in reviewing transactions pursuant to subdivision (a)(2) of this |
| section, shall consider whether the transactions comply with the standards set forth in subdivision |
| (a)(1) of this section and whether they may adversely affect the interests of policyholders. |
| (5) The commissioner shall be notified within thirty (30) days of any investment of the |
| domestic insurer in any one corporation if the total investment in the corporation by the insurance |
| holding company system exceeds ten percent (10%) of the corporation’s voting securities. |
| (b) Adequacy of surplus. For the purposes of this chapter, in determining whether an |
| insurer’s surplus as regards policyholders is reasonable in relation to the insurer’s outstanding |
| liabilities and adequate to its financial needs, the following factors, among others, shall be |
| considered: |
| (1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium |
| writings, insurance in force, and other appropriate criteria; |
| (2) The extent to which the insurer’s business is diversified among the several lines of |
| insurance; |
| (3) The number and size of risks insured in each line of business; |
| (4) The extent of the geographical dispersion of the insurer’s insured risks; |
| (5) The nature and extent of the insurer’s reinsurance program; |
| (6) The quality, diversification, and liquidity of the insurer’s investment portfolio; |
| (7) The recent past and projected future trend in the size of the insurer’s investment |
| portfolio; |
| (8) The surplus as regards policyholders maintained by other comparable insurers; |
| (9) The adequacy of the insurer’s reserves; and |
| (10) The quality and liquidity of investment in affiliates. The commissioner may treat this |
| investment as a disallowed asset for the purposes of determining the adequacy of surplus as regards |
| policyholders whenever in his or her judgment the investment warrants. |
| (c) Dividends and other distributions. |
| (1) No domestic insurer shall pay any extraordinary dividend or make any other |
| extraordinary distribution to its shareholders until thirty (30) days after the commissioner has |
| received notice of the declaration thereof and has not within that period disapproved the payment, |
| or until the commissioner has approved the payment within the thirty (30) day period; |
| (2) For purposes of this section, an “extraordinary dividend or distribution” includes any |
| dividend or distribution of cash or other property, whose fair market value together with that of |
| other dividends or distributions made within the preceding twelve (12) months exceeds the lesser |
| of: |
| (i) ten percent (10%) of the insurer’s surplus as regards policyholders as of the 31st day of |
| December next preceding; or |
| (ii) the net gain from operations of the insurer, if the insurer is a life insurer, or the net |
| income, if the insurer is not a life insurer, not including realized capital gains, for the twelve (12) |
| month period ending the 31st day of December next preceding, but shall not include pro rata |
| distributions of any class of the insurer’s own securities. |
| In determining whether a dividend or distribution is extraordinary, an insurer other than a |
| life insurer may carry forward net income from the previous two (2) calendar years that has not |
| already been paid out as dividends. This carry forward shall be computed by taking the net income |
| from the second and third preceding calendar years, not including realized capital gains, less |
| dividends paid in the second and immediate preceding calendar years; |
| (3) Notwithstanding any other provision of law, an insurer may declare an extraordinary |
| dividend or distribution which is conditional upon the commissioner’s approval, and the declaration |
| shall confer no rights upon shareholders until: (i) the commissioner has approved the payment of |
| the dividend or distribution or (ii) the commissioner has not disapproved the payment within the |
| thirty (30) day period referred to in subdivision (1) of this subsection. |
| (d) Management of domestic insurers subject to registration. All domestic insurers shall |
| become in compliance and maintain compliance with the provisions of this title addressing good |
| corporate governance standards § 27-1-2.1, unless otherwise exempted in § 27-1-2.1. |
| 27-35-8. Injunctions — Prohibitions against voting securities — Sequestration of |
| voting securities. |
| (a) Injunctions. Whenever it appears to the commissioner that any insurer or any director, |
| officer, employee, or agent thereof has committed or is about to commit a violation of this chapter |
| or of any rule, regulation, or order issued by the commissioner under this chapter, the commissioner |
| may apply to the superior court of Providence County for an order enjoining the insurer or director, |
| officer, employee, or agent thereof from violating or continuing to violate this chapter or any rule, |
| regulation or order, and for such other equitable relief as the nature of the case and the interests of |
| the insurer’s policyholders, creditors, and shareholders or the public may require. |
| (b) Voting of securities; when prohibited. No security which is the subject of any agreement |
| or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of |
| the provisions of this chapter or of any rule, regulation, or order issued by the commissioner under |
| this chapter may be voted at any shareholders’ meeting, or may be counted for quorum purposes, |
| and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken |
| as though the securities were not issued and outstanding; but no action taken at the meeting shall |
| be invalidated by the voting of the securities, unless the action would materially affect control of |
| the insurer or unless the courts of this state have so ordered. If an insurer or the commissioner has |
| reason to believe that any security of the insurer has been or is about to be acquired in contravention |
| of the provisions of this chapter or of any rule, regulation, or order issued by the commissioner |
| under this chapter the insurer or the commissioner may apply to the superior court for Providence |
| County to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of |
| § 27-35-4 27-35-2 or any rule, regulation, or order issued by the commissioner under that section |
| to enjoin the voting of any security so acquired, to void any vote of the security already cast at any |
| meeting of shareholders, and for such other equitable relief as the nature of the case and the interests |
| of the insurer’s policyholders, creditors, and shareholders or the public may require. |
| (c) Sequestration of voting securities. In any case where a person has acquired or is |
| proposing to acquire any voting securities in violation of this chapter or any rule, regulation, or |
| order issued by the commissioner under this chapter, the superior court for Providence County may, |
| on such notice that the court deems appropriate, upon the application of the insurer or the |
| commissioner seize or sequester any voting securities of the insurer owned directly or indirectly by |
| the person, and issue such orders as may be appropriate to effectuate the provisions of this chapter. |
| Notwithstanding any other provisions of law, for the purposes of this chapter, the situs of the |
| ownership of the securities of domestic insurers shall be deemed to be in this state. |
| SECTION 13. Section 27-36-1 of the General Laws in Chapter 27-36 entitled "Consumer |
| Representation at Rate Hearings" is hereby amended to read as follows: |
| 27-36-1. Representation. |
| All hearings conducted in accordance with the provisions of this title and chapter 62 of title |
| 42 shall be attended by the attorney general or his or her designee and he or she shall represent, |
| protect, and advocate the rights of the consumers at the hearings; provided, that if the hearings are |
| related to a rate increase request by a health insurer, then the hearings shall be open to the public |
| and shall be held by the department of business regulation. The department shall promulgate rules |
| and regulations to ensure that the general public is given adequate notice. The term “health insurer” |
| as used in this chapter includes all persons, firms, corporations, or other organizations offering and |
| assuring health services on a prepaid or primarily expense incurred basis, including, but not limited |
| to, policies of accident or sickness insurance, as defined by chapter 18 of this title, nonprofit |
| hospital or medical service plans, whether organized under chapter 10 19 or 20 of this title or under |
| any public law or by special act of the general assembly, health maintenance organizations, and |
| any other entity which insures or reimburses for diagnostic, therapeutic, or preventive services to a |
| defined population on the basis of a periodic premium. It shall also include all organizations |
| providing health benefits coverage for employees on a self-insurance basis without the intervention |
| of other entities. |
| SECTION 14. Sections 27-41-3, 27-41-13.1, 27-41-14, 27-41-16, 27-41-18.1, 27-41-21, |
| 27-41-49.1, 27-41-68 and 27-41-70 of the General Laws in Chapter 27-41 entitled "Health |
| Maintenance Organizations" are hereby amended to read as follows: |
| 27-41-3. Establishment of health maintenance organizations. |
| (a)(1) Notwithstanding chapter 5.1 of title 7, sections 27-2-22, 27-19-4, 27-20-4, 27-20.1- |
| 2, and 27-20.2-2, or any other law of this state to the contrary, any public or private organization |
| may apply to the director of business regulation for and obtain a license to establish and operate a |
| health maintenance organization in compliance with this chapter. No public or private organization |
| shall establish or operate a health maintenance organization in this state without obtaining a license |
| under this chapter. A foreign corporation may qualify under this chapter, subject to its registration |
| to do business in this state as a foreign corporation under § 7-1.2-1401; |
| (2) Notwithstanding anything to the contrary in § 7-6-4, a non-profit corporation may be |
| organized for the purpose of a health maintenance organization and that corporation shall not be |
| subject to limits in its assets except as provided in this chapter. |
| (b) Each application for a license shall be verified by an officer or authorized representative |
| of the applicant, shall be in a form prescribed by the director in consultation with the director of |
| health, and shall set forth or be accompanied by the following: |
| (1) A copy of the organizational documents of the applicant, such as the articles of |
| incorporation; |
| (2) A copy of the bylaws, rules and regulations, or similar document, if any, regulating the |
| conduct of the internal affairs of the applicant; |
| (3) A list of the names, addresses, and official positions of the persons who are to be |
| responsible for the conduct of the affairs of the applicant, including all members of the board of |
| directors, board of trustees, executive committee, or other governing board or committee, and the |
| principal officers of the corporation; |
| (4) A copy of any contract made or to be made, including any revisions to the document |
| between any providers or persons listed in subdivision (3) of this subsection and the applicant; |
| (5) A copy of the form of evidence of coverage to be issued to the enrollees; |
| (6) A copy of the form of the group contract, if any, which is to be issued to employers, |
| unions, trustees, or other organizations; |
| (7) Financial statements showing the applicant’s assets, liabilities, and sources of financial |
| support. If the applicant’s financial affairs are audited by independent certified public accountants, |
| a copy of the applicant’s most recent regular certified financial statement shall be deemed to satisfy |
| this requirement unless the director directs that additional or more recent financial information is |
| required for the proper administration of this chapter; |
| (8) An examination report prepared by the insurance department of the company’s state of |
| domicile or port of entry state. This requirement shall be deemed to be satisfied if the report is less |
| than five (5) years old and: (i) the insurance department at the time of the examination was |
| accredited under the National Association of Insurance Commissioners’ financial regulations |
| standards and accreditation program or (ii) the examination is performed under the supervision of |
| an accredited insurance department or with the participation of one or more examiners who are |
| employed by an accredited state insurance department and who, after a review of the examination |
| work papers and report, state under oath that the examination was performed in a manner consistent |
| with the standards and procedures required by their insurance department. In lieu of an examination |
| meeting the requirements set forth in this section, an examination of the company may be |
| performed, prior to licensure, by the Rhode Island insurance division. The examination shall be |
| performed and the associated costs shall be borne by the company in accordance with all the |
| provisions of chapter 13.1 of this title. |
| (9) A description of the proposed method of marketing the health maintenance |
| organization, a financial plan which includes a projection of the initial operating results anticipated |
| until the organization has had net income for at least one year, and a statement as to the sources of |
| working capital and any other sources of funding; |
| (10) A power of attorney duly executed by the applicant, if not domiciled in this state, |
| appointing the director and his or her successors in office, and duly authorized deputies, as the true |
| and lawful attorney of the applicant in and for this state upon whom all lawful process in any legal |
| action or proceeding against the health maintenance organization on a cause of action arising in |
| this state may be served; |
| (11) A statement reasonably describing the geographic area or areas to be served; |
| (12) A description of the complaint procedures to be utilized as required under § 27-41-11; |
| (13) A description of the procedures and programs to be implemented to meet the quality |
| of health care requirements in § 27-41-4(a)(2); |
| (14) A description of the mechanism by which enrollees will be afforded an opportunity to |
| participate in matters of policy and operation under § 27-41-6(b); |
| (15) A description of the provider networks to be utilized to provide health care services to |
| enrollees; |
| (16) A description of the utilization management mechanisms by which enrollees’ access |
| to and use of health services will be controlled; and |
| (17) Any other information that the director in consultation with the director of health may |
| require to make the determinations required in § 27-41-4. |
| (c) An applicant or a licensed health maintenance organization shall, unless otherwise |
| provided for in this chapter, file a notice describing any material modification of the operation |
| including, but not limited to, systematic changes in provider networks and mechanisms for the |
| management and control of the use of covered services by enrollees, set out in the information |
| required by subsection (b) of this section. The notice shall be filed with the director and with the |
| director of health prior to the modification. If the director or the director of health does not |
| disapprove within ninety (90) days of the filing, the modification shall be deemed approved. |
| (d) An applicant or a licensed health maintenance organization shall file all contracts of |
| reinsurance. Any agreement between the organization and an insurer shall be subject to the laws of |
| this state regarding reinsurance. All reinsurance agreements and any modifications to them must |
| be filed and approved. Reinsurance agreements shall remain in full force and effect for at least |
| ninety (90) days following written notice by registered mail of cancellation to the director by either |
| party. |
| 27-41-13.1. Initial net worth and capital requirements. |
| (a) Before the director issues a certificate of authority in accordance with § 27-41-4 of this |
| act, an applicant seeking to establish or operate a health maintenance organization shall have the |
| greater of: |
| (1) The amount of capital required for a health organization under chapter 4.7 of this title; |
| (2) An initial net worth of three million dollars ($3,000,000); or |
| (3) At the commissioner’s discretion, an amount greater than required under subparagraph |
| (1) or (2), as indicated by a business plan and a projected risk-based capital calculation after the |
| first full year of operation based on the most current National Association of Insurance |
| Commissioners Health Annual Statements Bank Blank. |
| 27-41-14. Prohibited practices. |
| (a) No health maintenance organization, or representative of a health maintenance |
| organization, may cause or knowingly permit the use of advertising which is untrue or misleading, |
| solicitation which is untrue or misleading, or any form of evidence of coverage which is deceptive. |
| For the purposes of this chapter: |
| (1) A statement or item of information shall be deemed to be untrue if it does not conform |
| to fact in any respect that is or may be significant to an enrollee of, or a person considering |
| enrollment with, a health maintenance organization; |
| (2) A statement or item of information shall be deemed to be misleading, whether or not it |
| may be literally untrue, if, in the total context in which the statement is made or the item of |
| information is communicated, the statement or item of information may be reasonably understood |
| by a reasonable person, not possessing special knowledge regarding health care coverage, as |
| indicating any benefit or advantage or the absence of any exclusion, limitation, or disadvantage of |
| possible significance to an enrollee of, or a person considering enrollment in, a health maintenance |
| organization, if the benefit or advantage or absence of limitation, exclusion, or disadvantage does |
| not in fact exist; and |
| (3) An evidence of coverage shall be deemed to be deceptive if the evidence of coverage |
| taken as a whole, and with consideration given to typography, format and language, shall be such |
| as to cause a reasonable person, not possessing special knowledge regarding health maintenance |
| organizations and evidences of coverage for them, to expect benefits, services, charges, or other |
| advantages which the evidence of coverage does not provide or which the health maintenance |
| organization issuing the evidence of coverage does not regularly make available for enrollees |
| covered under the evidence of coverage. |
| (b) Section 42-62-12 and regulations pursuant to that section and chapter 29 of this title, |
| relating to unfair competition and practices, shall be construed to apply to health maintenance |
| organizations and evidences of coverage except to the extent that the director of business regulation |
| determines that the nature of health maintenance organizations, and evidences of coverage, render |
| those sections clearly inappropriate. |
| (c) An enrollee may not be cancelled or nonrenewed except for reasons stated in the rules |
| of the health maintenance organization applicable to all enrollees, for the failure to pay the charge |
| for coverage, or for the other reasons as may be approved by the director of business regulation. |
| (d) No health maintenance organization, unless licensed as an insurer, may use in its name, |
| contracts, or literature any of the words “insurance”, “casualty”, “surety”, or “mutual”, or any |
| words descriptive of the insurance, casualty, or surety business or deceptively similar to the name |
| or description of any insurance or surety corporation doing business in this state. |
| (e) No person, unless in possession of a valid license as a health maintenance organization |
| pursuant to the laws of this state, shall hold himself or herself itself out as a health maintenance |
| organization or HMO or shall do business as a health maintenance organization or a HMO in the |
| state of Rhode Island, and no person shall do business in this state under a name deceptively similar |
| to the name of any health maintenance organization possessing a valid license pursuant to this |
| chapter. |
| (f) No health maintenance organization shall fail to contract with any provider who is |
| licensed by this state to provide the services delineated in § 27-41-2(h)(1) 27-41-2(20)(i) solely |
| because that provider is a podiatrist as defined in chapter 29 of title 5. |
| (g) Except as provided in § 27-41-13(i), no contract between a health maintenance |
| organization and a physician for the provision of services to patients may require that the physician |
| indemnify or hold harmless the health maintenance organization for any expenses and liabilities, |
| including without limitation, judgments, settlements, attorneys’ fees, court costs, and any |
| associated charges, incurred in connection with any claim or action brought against the plan based |
| on the health maintenance organization’s management decisions or utilization review provisions |
| for any patient. |
| 27-41-16. Examination. |
| (a) The director of business regulation may make an examination of the affairs of any health |
| maintenance organization and the providers with whom the organization has contracts, agreements, |
| or other arrangements pursuant to its health care plan as often as is reasonably necessary for the |
| protection of the interests of the people of this state. The examination shall be performed and the |
| associated costs shall be borne by the company in accordance with all the provisions of § 27-13.1 |
| chapter 13.1 of this title . |
| (b) The director of health may make an examination concerning the quality of health care |
| services of any health maintenance organization and the providers with whom the organization has |
| contracts, agreements, or other arrangements as often as is reasonably necessary for the protection |
| of the interests of the people of this state. |
| (c) Each health maintenance organization shall establish and maintain on an ongoing basis |
| a quality assurance program which involves the assessment of all quality assurance activities |
| conducted in the provision of its health care services to its subscribers, which shall include no less |
| than: |
| (1) Assessment of health outcomes; |
| (2) Ongoing review of health services by physicians and other health professionals; and |
| (3) Utilization and systematic data collection. |
| (d) Every health maintenance organization and provider shall submit its books and records |
| to those examinations and in every way facilitate them. For the purpose of examinations, the |
| director of business regulation and the director of health may administer oaths to, and examine, the |
| officers and agents of the health maintenance organization and the principals of their providers |
| concerning their business. |
| (e) The expenses of examinations under this section shall be assessed against the |
| organization being examined and remitted to the director of the department for whom the |
| examination is being conducted. The total cost of those examinations, whether made by the director |
| of business regulation or by the director of health, shall be borne by the examined health |
| maintenance organizations and shall be in the same amount as provided for in § 27-13-1, and shall |
| be paid to the director of the department conducting the examination for deposit as general |
| revenues. That assessment shall be in addition to any taxes and fees payable to the state. In instances |
| where the examination is performed by outside accountants, the expenses of the examination shall |
| be borne by the examined health maintenance organization. |
| (f) In lieu of any state examination, the director of business regulation or the director of |
| health may accept the report of an examination made by the director of business regulation or the |
| director of health of another state. |
| 27-41-18.1. Summary orders and supervision. |
| (a) Whenever the director determines that the financial condition of a health maintenance |
| organization is such that its continued operation must be hazardous to its enrollees, creditors, or the |
| general public, or that it has violated any provision of this act chapter, the director may, after |
| notice and hearing, order the health maintenance organization to take action reasonably necessary |
| to rectify the condition or violation, including, but not limited to, one or more of the following: |
| (1) Reduce the total amount of present and potential liability for benefits by reinsurance or |
| other method acceptable to the director; |
| (2) Reduce the volume of new business being accepted; |
| (3) Reduce expenses by specified methods; |
| (4) Suspend or limit the writing of new business for a period of time; |
| (5) Increase the health maintenance organization’s capital and surplus by contribution; |
| (6) Initiate administrative supervision proceedings against the health maintenance |
| organization in accordance with chapter 14.1 of this title; or |
| (7) Take other steps the director may deem appropriate under the circumstances. |
| (b) For purposes of this section, the violation by a health maintenance organization of any |
| law of this state to which the health maintenance organization is subject shall be deemed a violation |
| of this act chapter. |
| (c) The director is authorized to adopt regulations to set uniform standards and criteria for |
| early warning that the continued operation of any health maintenance organization might be |
| hazardous to its enrollees, creditors, or the general public and to set standards for evaluating the |
| financial condition of any health maintenance organization. |
| (d) The remedies and measures available to the director under this section shall be in |
| addition to, and not in lieu of, the remedies and measures available to the director under the |
| provisions of chapters 14.1, 14.2 and 14.3 of this title. |
| 27-41-21. Penalties and enforcement. |
| (a) The director of business regulation may, in lieu of the suspension or revocation of a |
| license under § 27-41-17, levy an administrative penalty in an amount not less than five hundred |
| dollars ($500) nor more than fifty thousand dollars ($50,000), if reasonable notice in writing is |
| given of the intent to levy the penalty and the health maintenance organization has a reasonable |
| time in which to remedy the defect in its operations which gave rise to the penalty citation. The |
| director of business regulation may augment this penalty by an amount equal to the sum that the |
| director calculates to be the damages suffered by enrollees or other members of the public. |
| (b) Any person who violates this chapter shall be guilty of a misdemeanor and may be |
| punished by a fine not to exceed five hundred dollars ($500) or by imprisonment for a period not |
| exceeding one year, or both. |
| (c)(1) If the director of business regulation or the director of health shall for any reason |
| have cause to believe that any violation of this chapter has occurred or is threatened, the director |
| of business regulation or the director of health may give notice to the health maintenance |
| organization and to their representatives, or other persons who appear to be involved in the |
| suspected violation, to arrange a conference with the alleged violators or their authorized |
| representatives for the purpose of attempting to ascertain the facts relating to the suspected |
| violation, and, in the event it appears that any violation has occurred or is threatened, to arrive at |
| an adequate and effective means of correcting or preventing the violation; |
| (2) Proceedings under this subsection shall be governed by chapter 35 of title 42. |
| (d)(1) The director of business regulation may issue an order directing a health maintenance |
| organization or a representative of a health maintenance organization to cease and desist from |
| engaging in any act or practice in violation of the provisions of this chapter; |
| (2) Within thirty (30) days after service of the order to cease and desist, the respondent may |
| request a hearing on the question of whether acts or practices in violation of this chapter have |
| occurred. Those hearings shall be conducted pursuant to §§ 42-35-9 — 42-35-13, and judicial |
| review shall be available as provided by §§ 42-35-15 and 42-35-16. |
| (e) In the case of any violation of the provisions of this chapter, if the director of business |
| regulation elects not to issue a cease and desist order, or in the event of noncompliance with a cease |
| and desist order issued pursuant to subsection (d) of this section, the director of business regulation |
| may institute a proceeding to obtain injunctive relief, or seeking other appropriate relief, in the |
| superior court for the county of Providence. |
| (f) Notwithstanding any other provisions of this act chapter, if a health maintenance |
| organization fails to comply with the net worth, risk based capital or any other requirement of this |
| title related to the solvency of the health maintenance organization, the director is authorized to |
| take appropriate action to assure that the continued operation of the health maintenance |
| organization will not be hazardous to its enrollees or the public. |
| 27-41-49.1. Third party reimbursement for services of registered nurse first |
| assistants. |
| (a) Every individual or group health insurance contract, plan or policy delivered, issued or |
| renewed by an insurer, health maintenance organization, nonprofit or for profit health service |
| corporation which provides benefits to individual subscribers and members within the state, or to |
| all group members having a principal place of employment within the state, shall provide benefits |
| for services rendered by a registered nurse first assistant designed designated as such; provided, |
| that the following conditions are met: |
| (1) The registered nurse first assistant provides certain health care services under the |
| supervision of a licensed physician; is currently licensed as a registered nurse in Rhode Island; has |
| successfully completed a course in preparing the registered nurse as a first assistant in accordance |
| with the Association of Operating Room Nurses core curriculum guide for the registered nurse first |
| assistant and includes a minimum of one academic year in a college or university with didactic |
| instruction and clinical internship programs; and is certified in perioperative nursing by the |
| Certification Board of Perioperative Nursing (minimum of two years perioperative experience); |
| (2) The policy or contract, currently provides benefits for identical services rendered by a |
| provider of health care licensed by the state; and |
| (3) The registered nurse first assistant is not a salaried employee of the licensed hospital or |
| facility for which the health maintenance organization has an alternative contractual relationship to |
| fund the services of a registered nurse first assistant. |
| (b) It remains within the sole discretion of the health maintenance organization as to which |
| registered nurse first assistant it contracts with. Reimbursement provided according to the |
| respective principles and policies of the health maintenance organization; provided, that no health |
| maintenance organization is required to provide direct reimbursement, or pay for duplicative |
| services actually rendered by a registered nurse first assistant and any other health care provider. |
| Nothing contained in this section precludes the health maintenance organization from conducting |
| managed care, medical necessity or utilization review. |
| 27-41-68. Coverage for early intervention services. |
| (a) Every individual or group hospital or medical expense insurance policy or contract |
| providing coverage for dependent children, delivered or renewed in this state on or after July 1, |
| 2004, shall include coverage of early intervention services which coverage shall take effect no later |
| than January 1, 2005. Such coverage shall be limited to a benefit of five thousand dollars ($5,000) |
| per dependent child per policy or calendar year and shall not be subject to deductibles and |
| coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall |
| not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For |
| the purpose of this section, “early intervention services” means, but is not limited to, speech and |
| language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition, |
| service plan development and review, nursing services, and assistive technology services and |
| devices for dependents from birth to age three (3) who are certified by the department of human |
| services as eligible for services under part C of the Individuals with Disabilities Education Act (20 |
| U.S.C. § 1471 et seq.) (20 U.S.C. § 1431 et seq.). |
| (b) Subject to the annual limits provided in this section, insurers shall reimburse certified |
| early intervention providers, who are designated as such by the Department of Human Services, for |
| early intervention services as defined in this section at rates of reimbursement equal to or greater |
| than the prevailing integrated state/Medicaid rate for early intervention services as established by |
| the Department of Human Services. |
| (c) This section shall not apply to insurance coverage providing benefits for: (1) hospital |
| confinement indemnity; (2) disability income; (3) accident only; (4) long-term care; (5) Medicare |
| supplement; (6) limited benefit health; (7) specified disease indemnity; (8) sickness or bodily injury |
| or death by accident or both; and (9) other limited benefit policies. |
| 27-41-70. Tobacco cessation programs. |
| (a) Every individual or group health insurance contract, plan or policy delivered, issued for |
| delivery or renewed in this state on or after January 1, 2010, which provides medical coverage that |
| includes coverage for physician services in a physician’s office, and every policy which provides |
| major medical or similar comprehensive-type coverage, shall include coverage for smoking |
| cessation treatment, provided that if such medical coverage does not include prescription drug |
| coverage, such contract, plan or policy shall not be required to include coverage for FDA approved |
| smoking cessation medications. |
| (b) As used in this section, smoking cessation treatment includes the use of an over-the- |
| counter (OTC) or prescription US Food and Drug Administration (FDA) approved smoking |
| cessation medication, when used in accordance with FDA approval, for not more than two (2) |
| courses of medication of up to fourteen (14) weeks each, annually, when recommended and |
| prescribed by a prescriber who holds prescriptive privileges in the state in which they are licensed, |
| and used in combination with an annual outpatient benefit of sixteen (16) one-half (½) hour |
| evidence based smoking cessation counseling sessions provided by a qualified practitioner for each |
| covered individual. Smoking cessation treatment may be redefined through regulation promulgated |
| by the health insurance commissioner in accordance with the most current clinical practice |
| guidelines sponsored by the United States department of health and human services or its |
| component agencies. |
| (c) Health insurance contracts, plans, or policies to which this section applies, may impose |
| copayments and/or deductibles for the benefits mandated by this section consistent with the |
| contracts’, plans’ or policies’ copayments and/or deductibles for physician services and |
| medications. Nothing contained in this section shall impact the reimbursement, medical necessity |
| or utilization review, managed care, or case management practices of these health insurance |
| contracts, plans or policies. |
| (d) This section shall not apply to insurance coverage providing benefits for: |
| (1) Hospital confinement indemnity; |
| (2) Disability income; |
| (3) Accident only; |
| (4) Long-term care; |
| (5) Medicare supplement; |
| (6) Limited benefit health; |
| (7) Specified disease indemnity; |
| (8) Sickness or bodily injury or death by accident or both; and |
| (9) Other limited benefit policies. |
| SECTION 15. Sections 27-44-2, 27-44-4.1 and 27-44-6 of the General Laws in Chapter |
| 27-44 entitled "Casualty, Liability and Fire and Marine Insurance Rating" are hereby amended to |
| read as follows: |
| 27-44-2. Definitions. |
| As used in this chapter: |
| (a)(1) “Advisory organization” means any person or organization other than a rating |
| organization which assists insurers in the authorized activities enumerated in § 27-44-11, except no |
| advisory organization may make any filings on behalf of insurers. |
| (b)(2) “Competitive market” means a market that has not been found to be noncompetitive |
| pursuant to § 27-44-4. |
| (c)(3) “Director” means the director of department of business regulation. |
| (d)(4) “Market” means the interaction between buyers and sellers consisting of a product |
| market component. A product market component consists of identical or readily substitutable |
| products including, but not limited to, consideration of coverage, policy terms, rate classifications, |
| and underwriting. A geographic market component is a geographical area in which buyers have a |
| reasonable degree of access to the insurance product through sales outlets and other marketing |
| mechanisms. Determination of a geographic market component shall consider existing marketing |
| patterns. |
| (e)(5) “Noncompetitive market” means a market for which there is a ruling in effect |
| pursuant to § 27-44-4 that a reasonable degree of competition does not exist. |
| (f)(6) “Pool” means a voluntary arrangement, established on an on-going basis, pursuant |
| to which two (2) or more insurers participate in the sharing of risks on a predetermined basis. The |
| pool may operate through an association, syndicate, or other pooling agreement. |
| (g)(7) “Rating organization” means any entity which either has two (2) or more member |
| insurers or is controlled either directly or indirectly by two (2) or more insurers and which assists |
| insurers in ratemaking. Two (2) or more insurers having a common ownership or operating in this |
| state under common management or control constitute a single insurer for the purpose of this |
| definition. |
| (h)(8) “Residual market mechanism” means an arrangement, either voluntary or mandated |
| by law, involving participation by insurers in the equitable apportionment among them of insurance |
| which may be afforded applicants who are unable to obtain insurance through ordinary methods. |
| (i)(9) “Supplementary rate information” includes any manual or plan of rates, |
| classification, rating schedule, minimum premium, policy fee, rating rule, and any other similar |
| information needed to determine the applicable rate in effect or to be in effect. |
| (j)(10) “Supporting information” means: (1)(i) the experience and judgment of the filer |
| and the experience or data of other insurers or organizations relied upon by the filer; (2)(ii) the |
| interpretation of any statistical data relied upon by the filer; and (3)(iii) description of methods used |
| in making the rates, and other similar information required by the director to be filed. |
| 27-44-4.1. Approval of policies. |
| (a) Every insurance company and every rating/advisory organization issuing policies |
| covering casualty, liability and fire and marine insurance provided for in this chapter shall file with |
| the director a copy of the form of the policies the company or organization is proposing to use. |
| A policy may not be issued until the director has approved the form. |
| (b) Any policy form, subject to this chapter and filed by an insurer or rating/advisory |
| organization on behalf of its members or subscribers with the director, shall be deemed public |
| information at the time of filing. |
| 27-44-6. Filing of rates and other rating information. |
| (a) Filings as to competitive markets; file and use. In a competitive market, every insurer |
| shall file with the director all rates and supplementary rate information to be used in this state. At |
| the time the rates are filed, the filing shall state the specific model(s) used (catastrophic risk |
| planning), and explain the manner in which each model was used to determine the filed rate. The |
| rates and supplementary rate information shall be filed at least thirty (30) days prior to the proposed |
| effective date. At the end of that time, the rates may be used if no disapproval order or request for |
| supporting information has been issued by the director. If the director finds that an insurer’s rates |
| require closer review because of an insurer’s financial condition, or upon any other grounds as the |
| director may consider harmful to the public interest including, but not limited to, excessiveness, |
| inadequacy, or unfair discrimination, the director may request supporting information as needed. If |
| the director requests the further information, the rates may not be made effective until thirty (30) |
| days after the information has been received by the director. |
| (b) Filings as to noncompetitive markets. Nothing contained in this chapter shall be |
| construed to abrogate or supersede any statute or regulation governing either classes of business |
| identified in § 27-44-3, or deemed noncompetitive pursuant to the provisions of this chapter. Those |
| classes of business and noncompetitive markets shall have rates established pursuant to the |
| standards and procedures applicable under chapters 6, 7.1, 9, 19, and 20 of this title, and chapter |
| 62 of title 42. |
| (c) Requirement of director. Rates shall be filed in the form and manner prescribed by the |
| director. |
| (d) Rating organization. Any insurer may discharge its obligation under this section by |
| giving notice to the director that it uses rates and supplementary rate information prepared and filed |
| by a designated rating organization of which it is a member or subscriber. The insurer’s rates and |
| supplementary rate information shall be those filed by the rating organization, including any |
| amendments, subject to modifications filed by the insurer. |
| (e) Consent to rate. Upon the written consent of the insured, stating the reasons for consent |
| and filed with the director, a rate in excess of that provided by an otherwise applicable filing may |
| be used on any specific risk. A rate greater than that applicable to the insured under a residual |
| market mechanism may not be used unless approved by the director. |
| (f) Filings open to inspection. All rates, supplementary rate information, and any |
| supporting information for rates filed under this act chapter shall, as soon as filed, be open to |
| public inspection at any reasonable time. Copies may be obtained by any person on request and |
| upon payment of a reasonable charge. |
| SECTION 16. Section 27-46-2 of the General Laws in Chapter 27-46 entitled "Risk |
| Retention Act" is hereby amended to read as follows: |
| 27-46-2. Definitions. |
| As used in this chapter: |
| (1) “Commissioner” means the director of the department of business regulation or the |
| commissioner, director, or superintendent of insurance in any other state; |
| (2) “Completed operations liability” means liability arising out of the installation, |
| maintenance, or repair of any product at a site which is not owned or controlled by: |
| (i) Any person who performs that work; or |
| (ii) Any person who hires an independent contractor to perform that work; but shall include |
| liability for activities which are completed or abandoned before the date of the occurrence giving |
| rise to the liability; |
| (3) “Domicile”, for the purposes of determining the state in which a purchasing group is |
| domiciled, means: |
| (i) For a corporation, the state in which the purchasing group is incorporated; and |
| (ii) For an unincorporated entity, the state of its principal place of business; |
| (4) “Hazardous financial condition” means that, based on its present or reasonably |
| anticipated financial condition, a risk retention group, although not yet financially impaired or |
| insolvent, is unlikely to be able: |
| (i) To meet obligations to policyholders with respect to known claims and reasonably |
| anticipated claims; or |
| (ii) To pay other obligations in the normal course of business; |
| (5) “Insurance” means primary insurance, excess insurance, reinsurance, surplus lines |
| insurance, and any other arrangement for shifting and distributing risk, which is determined to be |
| insurance under the laws of this state; |
| (6) “Liability”: |
| (i) Means legal liability for damages, including costs of defense, legal costs and fees, and |
| other claims expenses, because of injuries to other persons, damage to their property, or other |
| damage or loss to other persons resulting from or arising out of: |
| (A) Any business whether profit or nonprofit, trade, product, services including |
| professional services, premises, or operations; or |
| (B) Any activity of any state or local government, or any agency or political subdivision |
| of any state or local government; and |
| (ii) Does not include personal risk liability and an employer’s liability with respect to its |
| employees other than legal liability under 45 U.S.C. § 51 et seq.; |
| (7) “Personal risk liability” means liability for damages because of injury to any person, |
| damage to property, or other loss or damage resulting from any personal, familial, or household |
| responsibilities or activities, rather than from responsibilities or activities referred to in subdivision |
| (6) of this section; |
| (8) “Plan of operation or a feasibility study” means an analysis which presents the expected |
| activities and results of a risk retention group including, at a minimum: |
| (i) Information sufficient to verify that its members are engaged in businesses or activities |
| similar or related with respect to the liability to which the members are exposed by virtue of any |
| related, similar, or common business, trade, product, services, premises or operations; |
| (ii) For each state in which it intends to operate, the coverages, deductibles, coverage limits, |
| rates, and rating classification systems for each line of insurance the group intends to offer; |
| (iii) Historical and expected loss experience of the proposed members and national |
| experience of similar exposures to the extent that this experience is reasonably available; |
| (iv) Pro forma financial statements and projections; |
| (v) Appropriate opinions by a qualified, independent casualty actuary, including a |
| determination of minimum premium or participation levels required to commence operations and |
| to prevent a hazardous financial condition; |
| (vi) Identification of management, underwriting, and claims procedures, marketing |
| methods, managerial oversight methods, investment policies, and reinsurance agreements; |
| (vii) Identification of each state in which the risk retention group has obtained, or sought |
| to obtain, a charter and license, and a description of its status in each state; and |
| (viii) Any other matters that may be prescribed by the commissioner of the state in which |
| the risk retention group is chartered for liability insurance companies authorized by the insurance |
| laws of that state; |
| (9) “Product liability” means liability for damages because of any personal injury, death, |
| emotional harm, consequential economic damage, or property damage, including damages |
| resulting from the loss of use of property, arising out of the manufacturer, design, importation, |
| distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any |
| person for those damages if the product involved was in the possession of the person when the |
| incident giving rise to the claim occurred; |
| (10) “Purchasing group” means any group which: |
| (i) Has as one of its purposes the purchase of liability insurance on a group basis; |
| (ii) Purchases the insurance only for its group members and only to cover their similar or |
| related liability exposure, as described in subdivision (10)(iii); |
| (iii) Is composed of members whose business or activities are similar or related with respect |
| to the liability to which members are exposed by virtue of any related, similar, or common business, |
| trade, product, services, premises or operations; and |
| (iv) Is domiciled in any state; |
| (11) “Risk retention group” means any corporation or other limited liability association: |
| (i) Whose primary activity consists of assuming and spreading all, or any portion, of the |
| liability exposure of its group members; |
| (ii) Which is organized for the primary purpose of conducting the activity described under |
| paragraph (i) of this subdivision; |
| (iii) Which: |
| (A) Is chartered and licensed as a liability insurance company and authorized to engage in |
| the business of insurance under the laws of any state; or |
| (B) Before January 1, 1985, was chartered or licensed and authorized to engage in the |
| business of insurance under the laws of Bermuda or the Cayman Islands and, before that date, had |
| certified to the insurance commissioner of at least one state that it satisfied the capitalization |
| requirements of that state, except that the group shall be considered to be a risk retention group |
| only if it has been engaged in business continuously since that date and only for the purpose of |
| continuing to provide insurance to cover product liability or completed operations liability, as the |
| terms were defined in the Product Liability Risk Retention Act of 1981 before the date of the |
| enactment of the Liability Risk Retention Act of 1986, 15 U.S.C. § 3901 et seq.; |
| (iv) That does not exclude any person from membership in the group solely to provide for |
| members of the group a competitive advantage over the person; |
| (v) Which: |
| (A) Has as its owners only persons who comprise the membership of the risk retention |
| group and who are provided insurance by the group; or |
| (B) Has as its sole owner an organization which has as: |
| (I) Its members only persons who comprise the membership of the risk retention group; |
| and |
| (II) Its owners only persons who comprise the membership of the risk retention group and |
| who are provided insurance by the group; |
| (vi) Whose members are engaged in businesses or activities similar or related with respect |
| to the liability of which the members are exposed by virtue of any related, similar, or common |
| business, trade, product, services, premises, or operations; |
| (vii) Whose activities do not include the provision of insurance other than: |
| (A) Liability insurance for assuming and spreading all or any portion of the liability of its |
| group members; and |
| (B) Reinsurance with respect to the liability of any other risk retention group or any |
| members of the other group which is engaged in business or activities so that the group or member |
| meets the requirement described in subdivision (vi) from membership in the risk retention group |
| which provides the reinsurance; and |
| (viii) The name of which includes the phrase “risk retention group”; and |
| (12) “State” means any state of the United States or the District of Columbia. |
| SECTION 17. Section 27-47-1 of the General Laws in Chapter 27-47 entitled "Criminal |
| Sanctions for Failure to Report Impairment" is hereby amended to read as follows: |
| 27-47-1. Definitions. |
| As used in this chapter: |
| (a) “Chief executive officer” is the person, irrespective of his or her title, designated by the |
| board of directors or trustees of an insurer as the person charged with the responsibility of |
| administering and implementing the insurer’s policies and procedures. |
| (b) “Commissioner” means the commissioner of insurance or the commissioner’s |
| equivalent of the state of domicile of any insurer. |
| (c) “Impaired” is a financial situation in which the assets of an insurer are less than the sum |
| of the insurer’s minimum required capital, minimum required surplus and all liabilities as |
| determined in accordance with the requirements for the preparation and filing of the annual |
| statement of an insurer under chapter 12 of this title. |
| (d) “Insurer” means any insurance company or other insurer licensed to do business in this |
| state. |
| SECTION 18. Section 27-49-2 of the General Laws in Chapter 27-49 entitled "Motor |
| Vehicle Theft and Motor Vehicle Insurance Fraud Reporting — Immunity Act" is hereby amended |
| to read as follows: |
| 27-49-2. Definitions. |
| As used in this chapter: |
| (a)(1) “Authorized governmental agency” includes: |
| (1)(i) The office of the attorney general; |
| (2)(ii) The state police; |
| (3)(iii) Any police or fire department of a municipality; |
| (4)(iv) The U.S. Attorney’s office for the state of Rhode Island; |
| (5)(v) Any duly constituted criminal investigative department or agency, including the |
| Federal Bureau of Investigation of the United States; |
| (6)(vi) Any solicitor or prosecuting attorney for a municipality; |
| (7)(vii) The director of the insurance division; |
| (8)(viii) The administrator of the division of motor vehicles; and |
| (9)(ix) The office of automobile theft and insurance fraud established by § 31-50-1. |
| (b)(2) “Insured” means a person, corporation, or other entity for which automobile |
| insurance coverage is provided by an insurer. |
| (c)(3) “Insurer” means any domestic insurer or foreign insurer, licensed to provide |
| automobile insurance coverage pursuant to the provisions of this title, or otherwise liable for any |
| loss due to motor vehicle theft or motor vehicle insurance fraud. |
| (d)(4) “Relevant” means having a tendency to make the existence of any fact that is of |
| consequence to the investigation or determination of the issue more probable or less probable than |
| it would be without the information. |
| SECTION 19. Section 27-51-5 of the General Laws in Chapter 27-51 entitled "Managing |
| General Agents Act" is hereby amended to read as follows: |
| 27-51-5. Duties of insurers. |
| (a) The insurer shall have on file an independent financial examination, in a form |
| acceptable to the commissioner, of each MGA with which it has done business. |
| (b) If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an |
| actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding |
| on business produced by the MGA. This is in addition to any other required loss reserve |
| certification. |
| (c) The insurer shall periodically, at least semiannually, conduct an onsite review of the |
| underwriting and claims processing operations of the MGA. |
| (d) Binding authority for all reinsurance contracts or participation in insurance or |
| reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the |
| MGA. |
| (e) Within thirty (30) days of entering into or termination of a contract with an MGA, the |
| insurer shall provide written notification of the appointment or termination to the commissioner. |
| Notices of appointment of an MGA shall include a statement of duties which the applicant is |
| expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be |
| authorized to act, and any other information the commissioner may request. |
| (f) An insurer shall review its books and records each quarter to determine if any producer |
| has become an MGA by virtue of the provisions of this chapter. If the insurer determines that a |
| producer has become a MGA pursuant to the provisions of this chapter, the insurer shall promptly |
| notify the producer and the commissioner of the determination and the insurer and producer must |
| fully comply with the provisions of this chapter within thirty (30) days. |
| (g) An insurer shall not appoint to its board of directors an officer, director, employee, |
| subproducer, or controlling shareholder of its MGAs. This subsection shall not apply to |
| relationships governed by chapter 35 of this title, or, if applicable, chapter 48 of title 27 the Broker |
| Controlled Insurer Act Business Transacted with Producer Controlled Property/Casualty |
| Insurer Act. |
| SECTION 20. Section 27-61-5 of the General Laws in Chapter 27-61 entitled "Unfair |
| Discrimination Against Subjects of Abuse in Life Insurance Act" is hereby amended to read as |
| follows: |
| 27-61-5. Justification of adverse insurance decisions. |
| An insurer of an individual or group policy that takes an underwriting action that adversely |
| affects a subject of abuse on the basis of a medical condition that the insurer knows is abuse-related |
| shall explain the reason for its action to the applicant or insured in writing and shall be able to |
| demonstrate that its action: |
| (1) Does not treat abuse status as a medical condition; |
| (2) Is permissible by law and applies in the same manner and to the same extent to all |
| applicants and the insured with a similar medical condition without regard to whether the condition |
| or claims claim is abuse-related; and |
| (3) Is based on a determination, made in conformance with sound actuarial principles or |
| related actual or reasonably anticipated experience, that there is a correlation between the medical |
| condition and a material increase in insurance risk. |
| SECTION 21. Section 27-64-9 of the General Laws in Chapter 27-64 entitled "The |
| Protected Cell Companies Act" is hereby amended to read as follows: |
| 27-64-9. Remuneration of receivers. |
| (a) With respect to orders of rehabilitation, conservation or liquidation directed at a |
| protected cell company, the remuneration, expenses, and other compensation of the receiver shall |
| be payable from the assets of the company’s general account, in accordance with the priority of |
| distribution set forth in §§ 27-14.3-46 and 27-14.4-22 27-14.4-20. |
| (b) With respect to orders of rehabilitation, conservation or liquidation directed at a |
| protected cell, the remuneration, expenses, and other compensation of the receiver shall be payable |
| from the protected cell assets attributable to that protected cell. In the case where more than one |
| protected cell is the subject of the order, the receiver shall account for remuneration, expenses, and |
| other compensation separately for each protected cell in accordance with actual time and expenses |
| attributable to the rehabilitation, conservation or liquidation of each respective protected cell. |
| (c) With respect to orders of rehabilitation, conservation or liquidation directed at a |
| protected cell company during a pending rehabilitation, conservation or liquidation of one or more |
| protected cells, the remuneration, expenses, and other compensation of the receiver of the protected |
| cells shall be satisfied from the protected cell assets of the protected cell or cells in accordance with |
| the provisions of subsection (b) of this section, and the remuneration, expenses, and other |
| compensation of the receiver of the protected cell company shall be satisfied from the assets of the |
| company’s general account. |
| SECTION 22. Section 27-65-1 of the General Laws in Chapter 27-65 entitled "Commercial |
| Special Risks" is hereby amended to read as follows: |
| 27-65-1. Commercial special risks. |
| (a) Commercial special risks. Notwithstanding any other provisions of this title to the |
| contrary and except as limited in subsection (b) of this section, insurers shall not be required to file |
| with, nor to receive approval from, the insurance division of the department of business regulation |
| for policy forms or rates used in the insurance of commercial special risks located in this state. |
| Commercial special risks are defined as: |
| (1) Risks written as commercial lines insurance, defined as insurance issued for purposes |
| other than for personal, family, or household and that are written on an excess or umbrella basis; |
| (2) Those risks, or portions of them, written as commercial lines insurance, defined as |
| insurance issued for purposes other than for personal, family, or household and that are not rated |
| according to manuals, rating plans, or schedules including “A” rates; |
| (3) Risks written as commercial lines insurance that employ or retain the services of a “risk |
| manager” and that also meet any one of the following criteria: |
| (i) Net worth over ten million dollars ($10,000,000); |
| (ii) Net revenue/sales of over five million dollars ($5,000,000); |
| (iii) More than twenty-five (25) employees per individual company or fifty (50) employees |
| per holding company in the aggregate; |
| (iv) Aggregates Aggregate premiums of over thirty thousand dollars ($30,000), excluding |
| group life, group health, workers’ compensation and professional liability (including, but not |
| limited to, errors and omissions and directors and officers liability); |
| (v) Is a not for profit or public entity with an annual budget or assets of at least twenty-five |
| million dollars ($25,000,000); or |
| (vi) Is a municipality with a population of over twenty thousand (20,000); |
| (4) Specifically designated commercial special risks including: |
| (i) All risks classified as highly protected risks. |
| “Highly protected risk” means a fire resistive building that meets the highest standards of |
| fire safety according to insurance company underwriting requirements; |
| (ii) All commercial insurance aviation risks; |
| (iii) All credit property insurance risks that are defined as “insurance of personal property |
| of a commercial debtor against loss, with the creditor as sole beneficiary” or “insurance of personal |
| property of a commercial debtor, with the creditor as primary beneficiary and the debtor as |
| beneficiary of proceeds not paid to the creditor.” For the purposes of this definition, “personal |
| property” means furniture, fixtures, furnishings, appliances, and equipment designed for use in a |
| business, trade, or profession and not used by a debtor for personal or household use; |
| (iv) All boiler and machinery and equipment breakdown risks; |
| (v) All inland marine risks written as commercial lines insurance defined as insurance |
| issued for purposes other than for personal, family, or household; |
| (vi) All fidelity and surety risks; |
| (vii) All crime and burglary and theft risks; and |
| (viii) All directors and officers, fiduciary liability, employment practices liability, kidnap |
| and ransom, and management liability risks. |
| (b) Notwithstanding subsection (a) of this section, the following lines of business shall |
| remain subject to all filing and approval requirements contained in this title even if written for risks |
| which qualify as commercial special risks: |
| (1) Life insurance; |
| (2) Annuities; |
| (3) Accident and health insurance; |
| (4) Automobile insurance that is mandated by statute; |
| (5) Workers’ compensation and employers’ liability insurance; and |
| (6) Issuance through residual market mechanisms. |
| (c) Any insurer that provides coverage to a commercial special risk shall disclose to the |
| insured that forms used and rates charges charged are exempt from filing and approval |
| requirements by this section. Records of all such disclosures shall be maintained by the insurer. |
| (d) Brokers for exempt commercial policyholders as defined in subsection (a)(3) of this |
| section shall be exempt from the due diligence requirements of § 27-3-38(c). |
| (e) Notwithstanding any other provisions of this title, the requirements of § 27-5-2 shall |
| not apply to any policy insuring one or more commercial special risks located in this state. |
| SECTION 23. Sections 27-71-3 and 27-71-5 of the General Laws in Chapter 27-71 entitled |
| "Market Conduct Surveillance Act" are hereby amended to read as follows: |
| 27-71-3. Definitions. |
| As used in this chapter: |
| (a) “Commissioner” means the “director of the department of business regulation” or his |
| or her designee. |
| (b) “Complaint” means a written or documented oral communication to the commissioner |
| primarily expressing a grievance, meaning an expression of dissatisfaction. For healthcare |
| companies, a grievance is a written complaint submitted by or on behalf of a covered person. |
| (c) “Comprehensive market conduct examination” means a review of one or more lines of |
| business of an insurer domiciled in this state that is not conducted for cause. The term includes a |
| review of rating, tier classification, underwriting, policyholder service, claims, marketing and sales, |
| producer licensing, complaint handling practices, or compliance procedures and policies. |
| (d) “Market conduct action” means any of the full range of activities that the commissioner |
| may initiate to assess the market and practices of individual insurers, beginning with market |
| analysis and extending to targeted examinations. The commissioner’s activities to resolve an |
| individual consumer complaint or other reports of a specific instance of misconduct are not market |
| conduct actions for purposes of this chapter. |
| (e) “Market analysis” means a process whereby market conduct surveillance personnel |
| collect and analyze information from filed schedules, surveys, required reports and other sources |
| in order to develop a baseline and to identify patterns or practices of insurers licensed to do business |
| in this state that deviate significantly from the norm or that may pose a potential risk to the insurance |
| consumer. |
| (f) “Market conduct examination” means the examination of the insurance operations of |
| an insurer licensed to do business in this state in order to evaluate compliance with the applicable |
| laws and regulations of this state. A market conduct examination may be either a comprehensive |
| examination or a targeted examination. A market conduct examination is separate and distinct from |
| a financial examination of an insurer performed pursuant to the Rhode Island general laws, but may |
| be conducted at the same time. |
| (g) “Market conduct surveillance personnel” means those individuals employed or |
| contracted by the commissioner to collect, analyze, review or act on information on the insurance |
| marketplace, which identifies patterns or practices of insurers. |
| (h) “National Association of Insurance Commissioners” (NAIC) means the organization of |
| insurance regulators from the fifty (50) states, the District of Columbia, and the four U.S. territories. |
| (i) “NAIC” market regulation handbook“ means a handbook, developed and adopted by |
| the NAIC, or successor product, which: |
| (1) outlines Outlines elements and objectives of market analysis and the process by which |
| states can establish and implement market analysis programs; and |
| (2) sets Sets up guidelines that document established practices to be used by market |
| conduct surveillance personnel in developing and executing an examination. |
| (j) “NAIC market conduct uniform examination procedures” means the set of guidelines |
| developed and adopted by the NAIC designed to be used by market conduct surveillance personnel |
| in conducting an examination. |
| (k) “NAIC” standard data request“ means the set of field names and descriptions developed |
| and adopted by the NAIC for use by market conduct surveillance personnel in an examination. |
| (l) “Qualified contract examiner” means a person under contract to the commissioner, who |
| is qualified by education, experience and, where applicable, professional designations, to perform |
| market conduct actions. |
| (m) “Targeted examination” means a focused exam conducted for cause, based on the |
| results of market analysis indicating the need to review either a specific line of business or specific |
| business practices, including but not limited to, underwriting and rating, marketing and sales, |
| complaint handling operations/management, advertising materials, licensing, policyholder |
| services, non-forfeitures, claims handling, or policy forms and filings. A targeted examination may |
| be conducted by desk examination of by an on-site examination: |
| (1) “Desk examination” means a targeted examination that is conducted by an examiner at |
| a location other than the insurer’s premises. A desk examination is usually performed at the |
| department of business regulation’s offices with the insurer providing requested documents by hard |
| copy, microfiche, discs, or other electronic media, for review; and |
| (2) “On-site examination” means a targeted examination conducted at the insurer’s home |
| office or the location where the records under review are stored. |
| (n) “Third-party model or product” means a model or product provided by an entity |
| separate from and not under directed direct or indirect corporate control of the insurer using the |
| model or product. |
| 27-71-5. Market analysis procedures. |
| (a)(1) The commissioner shall gather information as deemed necessary from data currently |
| available, as well as surveys and required reporting requirements, information collected by the |
| NAIC and a variety of other objective sources in both the public and private sectors including law |
| enforcement inquires inquiries. |
| (2) Such information, when collected, shall be analyzed in order to develop a baseline |
| understanding of the marketplace and to identify for further review insurers and/or practices that |
| deviate significantly from the norm or that may pose a potential risk to the insurance consumer. |
| The commissioner shall use the NAIC Market Regulation Handbook as one resource in performing |
| this analysis (or procedures, adopted by regulation, that are substantially similar to the foregoing |
| NAIC product). |
| (3) The commissioner shall perform the analysis described under this section by: |
| (i) Identifying key lines of business for systematic review; |
| (ii) Identifying companies for further analysis based on available information. |
| (b) If the analysis compels the commissioner to inquire further into a particular insurer or |
| practice, the following continuum of market conduct actions may be considered prior to conducting |
| a targeted, on-site market conduct examination. The action selected shall be made known to the |
| insurer in writing if the action involves insurer participation or response. These actions may |
| include, but are not limited to: |
| (1) Correspondence with insurer; |
| (2) Insurer interviews; |
| (3) Information gathering; |
| (4) Policy and procedure reviews; |
| (5) Interrogatories; |
| (6) Review of insurer self-evaluation (if not subject to a privilege of confidentiality) and |
| compliance programs, including membership in a best-practice organization; and |
| (7) Desk examinations. |
| (c) The commissioner shall select a market conduct action that is efficient for the |
| department of business regulation and the insurer, while still protecting the insurance consumer. |
| (d) The commissioner shall take those steps reasonably necessary to eliminate requests for |
| information that duplicate information provided as part of an insurer’s annual financial statement, |
| the annual market conduct statement of the National Association of Insurance Commissioners, or |
| other required schedules, surveys, or reports that are regularly submitted to the commissioner, or |
| with data requests made by other states if that information is available to the commissioner, unless |
| the information is state specific, and coordinate market conduct actions and findings with other |
| states. |
| (e) Causes or conditions, if identified through market analysis, that may trigger a target |
| targeted examination, included include but are not limited to: |
| (1) Information obtained from a market conduct annual statement, market survey or report |
| of financial examination indicating potential fraud, that the insurer is conducting the business of |
| insurance without a license or is engaged in a potential pattern of violation of the general laws or |
| law enforcement inquiry. |
| (2) A number of complaints against the insurer or a complaint ratio sufficient to indicate |
| potential fraud, conducting the business of insurance without a license, or a potential pattern of |
| unfair trade practice in violation of the general laws. For the purposes of this section, a complaint |
| ratio shall be determined for each line of business. |
| (3) Information obtained from other objective sources, such as published advertising |
| materials indicating potential fraud, conducting the business of insurance without a license, or |
| evidencing a potential pattern of unfair trade practice in violation of the general laws. |
| (4) Patterns of violations of the general laws and administrative regulations promulgated |
| thereunder that cause consumer harm. |
| SECTION 24. Section 27-72-4 of the General Laws in Chapter 27-72 entitled "Life |
| Settlements Act" is hereby amended to read as follows: |
| 27-72-4. License suspension, revocation or refusal to renew. |
| (a) The commissioner may suspend, revoke or refuse to renew the license of any licensee |
| if the commissioner finds that: |
| (1) There was any material misrepresentation in the application for the license; |
| (2) The licensee or any officer, partner, member or director has been guilty of fraudulent |
| or dishonest practices, is subject to a final administrative action or is otherwise shown to be |
| untrustworthy or incompetent to act as a licensee; |
| (3) The provider demonstrates a pattern of unreasonably withholding payments to policy |
| owners; |
| (4) The licensee no longer meets the requirements for initial licensure; |
| (5) The licensee or any officer, partner, member or director has been convicted of a felony, |
| or of any misdemeanor of which criminal fraud is an element; or the licensee has pleaded guilty or |
| nolo contendere with respect to any felony or any misdemeanor of which criminal fraud is an |
| element, regardless whether a judgment of conviction has been entered by the court; |
| (6) The provider has entered into any life settlement contract using a form that has not been |
| approved pursuant to this chapter; |
| (7) The provider has failed to honor contractual obligations set out in a life settlement |
| contract; |
| (8) The provider has assigned, transferred or pledged a settled policy to a person other than |
| a provider licensed in this state, a purchaser, an accredited investor or qualified institutional buyer |
| as defined respectively in Regulation D, Rule 501 or Rule 144A of the Federal Securities Act of |
| 1933, as amended, financing entity, special purpose entity, or related provider trust; or |
| (9) The licensee or any officer, partner, member or key management personnel has violated |
| any of the provisions of this chapter. |
| (b) Before the commissioner denies a license application or suspends, revokes or refuses |
| to renew the license of any licensee under this chapter, the commissioner shall conduct a hearing |
| in accordance with this state’s laws governing administrative hearings. |
| SECTION 25. Section 27-77-2 of the General Laws in Chapter 27-77 entitled "Risk |
| Management and Own Risk and Solvency Assessment Act" is hereby amended to read as follows: |
| 27-77-2. Definitions. |
| For purposes of this chapter: |
| (a) “Commissioner” means the director of the department of business regulation or his or |
| her designee. |
| (b) “Insurance group.” For the purpose of conducting an ORSA, the term “insurance group” |
| means those insurers and affiliates included within an insurance holding company system as |
| defined in chapter 27-35. |
| (c) “Insurer.” The term “insurer” shall not include agencies, authorities or instrumentalities |
| of the United States, its possessions and territories, the commonwealth of Puerto Rico, the District |
| of Columbia, or a state or political subdivision of a state. |
| (d) “NAIC” means the National Association of Insurance Commissioners. |
| (e) “Own Risk and Solvency Assessment” or “ORSA.” An “Own Risk and Solvency |
| Assessment” or “ORSA” means a confidential internal assessment, appropriate to the nature, scale |
| and complexity of an insurer or insurance group, conducted by that insurer or insurance group of |
| the material and relevant risks associated with the insurer or insurance group’s current business |
| plan, and the sufficiency of capital resources to support those risks. |
| (f) “ORSA Guidance Manual” means the current version of the “Own Risk and Solvency |
| Assessment Guidance Manual” developed and adopted by the NAIC and as amended from time to |
| time. A change in the ORSA guidance manual shall be effective on January 1 following the calendar |
| year in which the changes have been adopted by the NAIC. |
| (g) “ORSA Summary Report” means a confidential high-level summary of an insurer or |
| insurance group’s ORSA. |
| SECTION 26. Section 27-80-3 of the General Laws in Chapter 27-80 entitled "Unclaimed |
| Life Insurance Benefits Act" is hereby amended to read as follows: |
| 27-80-3. Definitions. |
| As used in this chapter: |
| (1) “Death master file” means the United States Social Security Administration’s death |
| master file or any other database or service that is at least as comprehensive as the United States |
| Social Security Administration’s death master file for determining that a person has reportedly died. |
| (2) “Death master file match” means a search of the death master file that results in a match |
| of the Social Security number or the name and date of birth of an insured, annuity owner, or retained |
| asset account holder. |
| (3) “Policy” means any policy or certificate of life insurance that provides a death benefit. |
| The term “policy” shall not include: |
| (i) Any policy of or certificate of life insurance that provides a death benefit under an |
| employee benefit plan: |
| (A) Subject to the Employee Retirement Income Security Act of 1974 (Pub. L. 93-406), 29 |
| U.S.C. § 1002, as periodically amended; or |
| (B) Under any federal employee benefit program; or |
| (ii) Any policy or certificate of life insurance that is used to fund a pre-need funeral contract |
| or pre-arrangement; or |
| (iii) Any policy or certificate of credit life or accidental death insurance. |
| (4) “Contract” means an annuity contract. The term “contract” shall not include an annuity |
| used to fund an employment-based retirement plan or program where the insurer is not committed |
| by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan |
| participants. |
| SECTION 27. Section 7-12-60 of the General Laws in Chapter 7-12 entitled "Partnerships" |
| is hereby repealed. |
| 7-12-60. Filing of returns with the tax administrator — Annual charge. |
| (a) For tax years beginning on or after January 1, 2012, a limited-liability partnership |
| registered under § 7-12-56, shall file a return in the form and containing the information as |
| prescribed by the tax administrator as follows: |
| (1) If the fiscal year of the limited-liability partnership is the calendar year, on or |
| before the fifteenth day of April in the year following the close of the fiscal year; and |
| (2) If the fiscal year of the limited-liability partnership is not a calendar year, on or |
| before the fifteenth day of the fourth month following the close of the fiscal year. |
| (b) For tax years beginning after December 31, 2015, a limited-liability partnership |
| registered under § 7-12-56, shall file a return, in the form and containing the information as |
| prescribed by the tax administrator, and shall be filed on or before the date a federal tax |
| return is due to be filed, without regard to extension. |
| (c) An annual charge, equal to the minimum tax imposed upon a corporation under |
| § 44-11-2(e), shall be due on the filing of the limited-liability partnership’s return filed with |
| the tax administrator and shall be paid to the division of taxation. |
| (d) The annual charge is delinquent if not paid by the due date for the filing of the |
| return and an addition of one hundred dollars ($100) to the charge is then due. |
| ARTICLE II -- STATUTORY CONSTRUCTION |
| SECTION 1. Section 5-63.2-2 of the General Laws in Chapter 5-63.2 entitled "Mental |
| Health Counselors and Marriage and Family Therapists" is hereby amended to read as follows: |
| 5-63.2-2. Definitions. |
| As used in this chapter: |
| (1) “Advertise” means, but is not limited to, the issuing or causing to be distributed any |
| card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on |
| or in any building, radio, or television; or by advertising by any other means designed to secure |
| public attention. |
| (2) “Board” means the board of mental health counselors and marriage and family |
| therapists. |
| (3) “Clinical counselor in mental health counselor” means a person who is licensed |
| pursuant to § 5-63.2-9, which license is in force and not suspended or revoked as of the particular |
| time in question. |
| (4) “Internship” means a part of an organized graduate program in counseling therapy and |
| constitutes a supervised experience within a mental health and/or marriage and family setting. |
| (5) “Marriage and family therapist” means a person who is licensed pursuant to § 5-63.2- |
| 10, which license is in force and not suspended or revoked as of the particular time in question. |
| (6) “Person” means any individual, firm, corporation, partnership, organization, or body |
| politic. |
| (7) “Practice of clinical mental health counseling” means the rendering of professional |
| services to individuals, families, or groups for monetary compensation. These professional services |
| include: |
| (i) Applying the principles, methods, and theories of counseling and/or psychotherapeutic |
| techniques to define goals and develop a treatment plan of action aimed toward the prevention, |
| treatment, and resolution of social, mental, and emotional dysfunction and intra or interpersonal |
| disorders in persons diagnosed at intake as non-psychotic and not presenting medical problems; |
| and |
| (ii) Engaging in psychotherapy of a nonmedical nature, utilizing supervision when |
| appropriate, and making referrals to other psychiatric, psychological, or medical resources when |
| the person is diagnosed as psychotic or presenting a medical problem. |
| (8) “Practice of marriage and family therapy” means the rendering of professional services |
| to individuals, family groups, couples, or organizations for monetary compensation. These |
| professional services include applying principles, methods, and therapeutic techniques for the |
| purpose of resolving emotional conflicts; modifying perceptions and behavior; enhancing |
| communications and understanding among all family members; and the prevention of family and |
| individual crisis. Individual marriage and family therapists shall also engage in psychotherapy of a |
| nonmedical and non-psychotic nature with appropriate referrals to psychiatric resources. |
| (9) “Practicum” means a part of an organized graduate program in counseling therapy and |
| constitutes a supervised experience within the graduate counseling program. |
| (10) “Qualified supervision” means the supervision of clinical services in accordance with |
| standards established by the board under the supervision of an individual who has been recognized |
| by the board as an approved supervisor. |
| (11) “Recognized educational institution” means any educational institution that grants a |
| bachelor’s, master’s, or doctoral degree and is recognized by the board of mental health counselors |
| and marriage and family therapists or a recognized postgraduate clinical training program as |
| specified in §§ 5-63.2-9 and 5-63.2-10. |
| (12) “Use a title or description of” means to hold oneself out to the public as having a |
| particular status by means of stating on signs, mailboxes, address plates, stationery, |
| announcements, calling cards, or other instruments of professional identification. |
| SECTION 2. Sections 5-65-2, 5-65-3 and 5-65-5 of the General Laws in Chapter 5-65 |
| entitled "Contractors’ Registration and Licensing Board" are hereby amended to read as follows: |
| 5-65-2. Exemptions from registration — Registered agent for service of process. |
| (a) The following persons shall be exempt from registration under this chapter: |
| (1) A person who is constructing, altering, improving, or repairing his or her own personal |
| property. |
| (2) A person who is constructing, altering, improving, or repairing a structure located |
| within the boundaries of any site or reservation under the jurisdiction of the federal government. |
| (3) A person who furnishes materials, supplies, equipment, or furnishes products and does |
| not fabricate them into, or consume them, in the performance of the work of a contractor. If the |
| person wants to file a complaint pursuant to this chapter they must be registered pursuant to this |
| chapter. |
| (4) A person working on one structure or project, under one or more contracts when the |
| price of all of that person’s contracts for labor, materials, and all other items is less than five |
| hundred dollars ($500) and the work is of a casual, minor, or inconsequential nature. This |
| subsection does not apply to a person who advertises or puts out any sign or card or other device |
| that might indicate to the public that the person is a contractor. |
| (5) This section does not apply to a person who constructs or for compensation with the |
| intent to sell the structure, or who arranges to have constructed a structure to be sold before, upon, |
| or after completion. It shall be prima facie evidence that there was intent to offer the structure for |
| sale if the person who constructed the structure or arranged to have the structure constructed does |
| not occupy the structure for one calendar year after completion. |
| (6) A person performing work on a single-dwelling-unit property that person owns, |
| whether occupied by that person or not, or a person performing work on that person’s residence, |
| whether or not that person owns the residence. This subdivision does not apply to a person |
| performing work on a structure owned by that person if the work is performed, in the pursuit of an |
| independent business, with the intent of offering the structure for sale before, upon, or after |
| completion. |
| (7) A person who performs work subject to this chapter as an employee of a contractor. |
| (8) A manufacturer of a mobile home constructed under standards established by the |
| federal government. |
| (9) A person involved in the movement of: |
| (i) Modular buildings or structures other than mobile homes not in excess of fourteen feet |
| (14′) in width. |
| (ii) Structures not in excess of sixteen feet (16′) in width when these structures are being |
| moved by their owner if the owner is not a contractor required to be registered under this chapter. |
| (10) Any person or business entity licensed by the state employing licensed trades persons |
| as defined by chapters 6, 20, and 56 of this title, and chapters 26 and 27 of title 28 and working |
| within the purview of the license issued by the governing agency shall be exempt from all the |
| provisions of this chapter except § 5-65-7, requiring insurance. A valid certificate of insurance shall |
| be required to be maintained by the licensing agency during the terms of the issuance date of the |
| license as a condition for a valid license. Failure of the licensee to maintain this insurance shall |
| result in loss of license pursuant to requirements of statutes governing the licensing authority. |
| (b) No registration shall be issued to a nonresident contractor until he or she has filed with |
| the board a power of attorney constituting and appointing a registered agent upon whom all |
| processes in any action or legal proceeding against him or her may be served, and in the power of |
| attorney agrees that any lawful process against him or her that may be served upon his or her |
| registered agent is of the same force and validity as if served on the nonresident contractor, and that |
| the force power continues irrevocably in force until such time as the board has been duly notified |
| in writing of any change to that status. |
| 5-65-3. Registration for work on a structure required of contractor — Issuance of |
| building permits to unregistered or unlicensed contractors prohibited — Evidence of activity |
| as a contractor — Duties of contractors. |
| (a) A person shall not undertake, offer to undertake, or submit a bid to do work as a |
| contractor on a structure unless that person has a current, valid certificate of registration for all |
| construction work issued by the board. A partnership, corporation, limited liability company, or |
| joint venture may do the work; offer to undertake the work; or submit a bid to do the work only if |
| that partnership, corporation, limited liability company, or joint venture is registered for the work |
| and in the case of registration by a corporation, limited liability company, joint venture, or |
| partnership, an individual shall be designated to be responsible for the corporation’s, company’s, |
| joint venture’s, or partnership’s work. The corporation, limited liability company, joint venture, or |
| partnership and its individual designee shall be jointly and severally liable and responsible for the |
| payment of the registration fee, as required in this chapter, and for compliance with all requirements |
| and violations of any provisions of this chapter and the regulations promulgated thereunder. |
| Disciplinary action taken on a registration held by a corporation, partnership, limited liability |
| company, joint venture, individual, or sole proprietor may affect other registrations held by the |
| same corporation, partnership, limited liability company, joint venture, individual, or sole |
| proprietorship, and shall also be grounds for the board or office to deny and preclude future |
| registration by any corporation, partnership, limited liability company, joint venture, individual, or |
| sole proprietorship where the disciplined registrant and the applicant for registration have an |
| individual principal and/or responsible designee in common. |
| (b) A registered partnership, limited liability company, or corporation shall notify the board |
| in writing immediately upon any change in partners or corporate officers. |
| (c) A city, town, or the state shall not issue a building permit to anyone required to be |
| registered under this chapter who does not have a current, valid registration or valid license. Each |
| city, town, or the state that requires the issuance of a permit as a condition precedent to construction, |
| alteration, improvement, demolition, movement, or repair of any building or structure or the |
| appurtenance to the structure shall also require that each applicant for the permit as a condition to |
| issuing the permit, is registered under the provisions of this chapter, giving the number of the |
| registration and stating that the registration is in full force and effect, or, if the applicant is exempt |
| from the provisions of this chapter, listing the basis for the exemption. The city, town, or the state |
| shall list the contractor’s registration number on the permit obtained by that contractor, and if a |
| homeowner is issued a permit, the building inspector or official must ascertain registration numbers |
| of each contractor on the premises and shall inform the registration board of any non-registered |
| contractors performing work at the site. |
| (d) Every city and town that requires the issuance of a business license as a condition |
| precedent to engaging, within the city or town, in a business that is subject to regulation under this |
| chapter, shall require that each licensee and each applicant for issuance or renewal of the license |
| file, or has on file, with the city or town a signed statement that the licensee or applicant is registered |
| under the provisions of this chapter and stating that the registration is in full force and effect. |
| (e) It shall be prima facie evidence of doing business as a contractor when a person for that |
| person’s own use performs, employs others to perform, or for compensation and with the intent to |
| sell the structure, arranges to have performed any work described in § 5-65-1(4) the definition for |
| "contract for construction", § 5-65-1(6), if within any one twelve-month (12) period that person |
| offers for sale one or more structures on which that work was performed. |
| (f) Registration under this chapter shall be prima facie evidence that the registrant conducts |
| a separate, independent business. |
| (g) The provisions of this chapter shall be exclusive and no city or town shall require or |
| shall issue any registrations or licenses nor charge any fee for the regulatory registration of any |
| contractor registered with the board. Nothing in this subsection shall limit or abridge the authority |
| of any city or town to license and levy and collect a general and nondiscriminatory license fee |
| levied upon all businesses, or to levy a tax based upon business conducted by any firm within the |
| city or town’s jurisdiction, if permitted under the laws of the state. |
| (h)(1) Every contractor shall maintain a list that shall include the following information |
| about all subcontractors or other contractors performing work on a structure for that contractor: |
| (i) Names and addresses; and |
| (ii) Registration numbers or other license numbers. |
| (2) The list referred to in subsection (h)(1) of this section shall be delivered to the board |
| within twenty-four (24) hours after a request is made during reasonable working hours, or a fine of |
| twenty-five dollars ($25.00) may be imposed for each offense. |
| (i) The following subcontractors who are not employees of a registered contractor must |
| obtain a registration certificate prior to conducting any work: (1) Carpenters, including finish |
| carpenters and framers; (2) Siding installers; (3) Roofers; (4) Foundation installers, including |
| concrete installers and form installers; (5) Drywall installers; (6) Plasterers; (7) Insulation installers; |
| (8) Ceramic tile installers; (9) Floor covering installers; (10) Swimming pool installers, both above |
| ground and in ground; (11) Masons, including chimney installers, fireplace installers, and general |
| masonry erectors; (12) Hardscape installers; (13) Power washers who perform work on structures; |
| and (14) Painters. This list is not all inclusive and shall not be limited to the above-referenced |
| contractors. No subcontractor licensed by another in-state agency pursuant to § 5-65-2 shall be |
| required to register, provided that said work is performed under the purview of that license. |
| (j) A contractor including, but not limited to, a general contractor, shall not hire any |
| subcontractor or other contractor to work on a structure unless the contractor is registered under |
| this chapter or exempt from registration under the provisions of § 5-65-2. |
| (k) A summary of this chapter, prepared by the board and provided at cost to all registered |
| contractors, shall be delivered by the contractor to the owner when the contractor begins work on |
| a structure; failure to comply may result in a fine. |
| (l) The registration number of each contractor shall appear in any advertising by that |
| contractor. Advertising in any form by an unregistered contractor shall be prohibited, including |
| alphabetical or classified directory listings, vehicles, business cards, and all other forms of |
| advertisements. The violations may result in a penalty being assessed by the board per |
| administrative procedures established. |
| (i) The board may publish, revoke, or suspend registrations and the date the registration |
| was suspended or revoked on a quarterly basis. |
| (ii) Use of the word “license” in any form of advertising when only registered may subject |
| the registrant or those required to be registered to a fine of one hundred dollars ($100) for each |
| offense at the discretion of the board. |
| (m) The contractor must see that permits required by the state building code are secured on |
| behalf of the owner prior to commencing the work involved. The contractor’s registration number |
| must be affixed to the permit as required by the state building code. |
| (n) [Deleted by P.L. 2022, ch. 251, § 1 and P.L. 2022, ch. 252, § 1.] |
| (o) All work performed, including labor and materials, in excess of one thousand dollars |
| ($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this |
| subsection shall include consumer disclosures and information required pursuant to regulations |
| promulgated by the board and the following notice by the contractor to the homeowner: |
| NOTICE OF POSSIBLE MECHANIC'S LIEN |
| To: Insert name of owner, lessee, or tenant, or owner of less than the fee simple. |
| The undersigned is about to perform work and/or furnish materials for the construction, |
| erection, alterations, or repair upon the land at (INSERT ADDRESS) under contract with you. |
| This is a notice that the undersigned and any other persons who provide labor and materials for |
| the improvement under contract with the undersigned may file a mechanic’s lien upon the land in |
| the event of nonpayment to them. It is your responsibility to assure yourself that those other |
| persons under contract with the undersigned receive payment for their work performed and |
| materials furnished for the construction, erection, alteration, or repair upon the land. |
| Failure to adhere to the provisions of this subsection may result in a one-thousand-dollar |
| fine ($1,000) against the contractor and shall not affect the right of any other person performing |
| work or furnishing materials of claiming a lien pursuant to chapter 28 of title 34. However, the |
| person failing to provide the notice shall indemnify and hold harmless any owner, lessee, or tenant, |
| or owner of less than the fee simple, from any payment or costs incurred on account of any lien |
| claims by those not in privity with them, unless the owner, lessee, or tenant, or owner of less than |
| the fee simple, shall not have paid such person. |
| (p) Contracts entered into must contain notice of right of rescission as stipulated in all |
| pertinent Rhode Island consumer protection laws and/or § 5-65-27, if applicable. |
| The contractor must stipulate whether or not all the proper insurances are in effect for each |
| job contracted. |
| A notice of possible mechanic’s lien given in accordance with the requirements of § 34- |
| 28-4.1 shall satisfy the notice of possible mechanic’s lien required pursuant to subsection (o) of |
| this section. |
| (q) In addition to the requirements of this chapter, contractors engaged in well-drilling |
| activities shall also be subject to regulations pertaining to licensing and registration promulgated |
| by the contractors’ registration and licensing board pursuant to chapter 65.2 of this title and § 46- |
| 13.2-4. |
| 5-65-5. Application for registration — Continuing education. |
| (a) A person who wishes to register as a contractor shall submit an application in a manner |
| as prescribed by the board or office. The application shall include: |
| (1) Workers’ compensation insurance account number, or company name if a number has |
| not yet been obtained, if applicable; |
| (2) Unemployment insurance account number, if applicable; |
| (3) State withholding tax account number, if applicable; |
| (4) Federal employer identification number, if applicable, or if self-employed and |
| participating in a retirement plan; |
| (5)(i) The individual(s) name and business address and residential address of: |
| (A) Each partner or venturer, if the applicant is a partnership or joint venture; |
| (B) The owner, if the applicant is an individual proprietorship; |
| (C) The corporate officers, members, and managers and a copy of corporate papers the |
| articles of incorporation filed with the Rhode Island secretary of state’s office, if the applicant is |
| a corporation; the members and managers and a copy of the articles of organization filed with |
| the Rhode Island secretary of state's office if the applicant is a limited liability company |
| (ii) Post office boxes are not acceptable as the only address; |
| (6) A statement as to whether or not the applicant has previously applied for registration, |
| or is or was an officer, manager, member, partner, or venturer of an applicant who previously |
| applied for registration and if so, the name of the corporation, limited liability company, |
| partnership, or venture; and |
| (7) Valid insurance certificate for the type of work being performed and as required under |
| § 5-65-7. |
| (b) A person may be prohibited from registering or renewing a registration as a contractor |
| under the provisions of this chapter or his or her registration may be revoked or suspended if he or |
| she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts, or |
| administrative agency against him or her relating to his or her work as a contractor, and provided, |
| further, that a statement shall be provided to the board attesting to the information herein. |
| (c) Failure to provide or falsified information on an application, or any document required |
| by this chapter, is punishable by a fine not to exceed ten thousand dollars ($10,000) and/or denial |
| or revocation of the registration, or both. |
| (d) An applicant must be at least eighteen (18) years of age. |
| (e) For new applications, satisfactory proof shall be provided to the board evidencing the |
| completion of five (5) hours of preregistration education units as determined by the board pursuant |
| to established regulations. |
| (f) For renewal applications, satisfactory proof shall be provided to the board evidencing |
| the completion of two and one-half (2.5) hours of continuing education units that will be required |
| to be maintained by residential contractors as a condition of registration as determined by the board |
| pursuant to established regulations. |
| (g) A certification in a form issued by the board shall be completed upon registration or |
| license or renewal to ensure contractors are aware of certain provisions of this law and shall be |
| signed by the registrant before a registration can be issued or renewed. |
| SECTION 3. Section 11-47-8 of the General Laws in Chapter 11-47 entitled "Weapons" is |
| hereby amended to read as follows: |
| 11-47-8. License or permit required for carrying pistol — Other weapons prohibited. |
| (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47- |
| 12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her |
| person whether visible or concealed, except in his or her dwelling house or place of business or on |
| land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of these |
| sections shall not apply to any person who is the holder of a valid license or permit issued by the |
| licensing authority of another state, or territory of the United States, or political subdivision of the |
| state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or |
| on or about his or her person whether visible or concealed, provided the person is merely |
| transporting the firearm through the state in a vehicle or other conveyance without any intent on |
| the part of the person to detain him or herself or remain within the state of Rhode Island. No person |
| shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this |
| chapter. Every person violating the provision of this section shall, upon conviction, be punished by |
| imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand |
| dollars ($10,000), or both, and except for a first conviction under this section, shall not be afforded |
| the provisions of suspension or deferment of sentence, nor a probation. |
| (b) No person shall have in his or her possession or under his or her control any sawed-off |
| shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this |
| subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five |
| thousand dollars ($5,000), or both. |
| (c) No person shall have in his or her possession or under his or her control any firearm |
| while the person delivers, possesses with intent to deliver, or manufactures a controlled substance. |
| Any person convicted of violating this subsection shall be punished by imprisonment for not less |
| than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any |
| sentence the person may receive for the delivery, possession with intent to deliver, or the |
| manufacture of the controlled substance. It shall not be a defense to a violation of this subsection |
| that a person has a license or permit to carry or possess a firearm. |
| (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger |
| crank, or any other device that when attached to a semi-automatic weapon allows full-automatic |
| fire. Individuals who possess these items shall have ninety (90) days from the enactment of this |
| section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every |
| person violating the provisions of this section shall, upon conviction, be punished by imprisonment |
| for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), |
| or both, and, except for a first conviction under this section, shall not be afforded the provisions of |
| suspension or deferment of sentence, nor a probation. |
| (e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have |
| under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D |
| printing process. Any person convicted of violating this subsection shall be punished by |
| imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or |
| both and except for a first conviction under this section shall not be afforded the provisions of |
| suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to |
| federally licensed manufacturers (FLN Federal Firearm License Type 07) pursuant to Alcohol, |
| Tobacco, Firearms, and Explosives (ATF) regulations. |
| SECTION 4. Section 17-20-9 of the General Laws in Chapter 17-20 entitled "Mail Ballots" |
| is hereby amended to read as follows: |
| 17-20-9. Application by permanently disabled or incapacitated voters and nursing |
| home residents. |
| (a) A voter who is indefinitely confined because of physical illness or infirmity or is |
| disabled for an indefinite period or who is a long-term resident in a nursing home, may, by signing |
| an affidavit to that effect, request that a mail ballot application be sent to him or her automatically |
| for every election. The affidavit form and instructions shall be prescribed by the secretary of state, |
| and furnished upon request to any elector by each local board of canvassers. The envelope |
| containing the mail ballot application shall be clearly marked as not forwardable. If any elector is |
| no longer indefinitely confined or is no longer residing in a nursing home, he or she shall notify the |
| clerk of the local board of canvassers of this fact. The clerk shall remove the name of any voter |
| from the mailing list established under this section upon receipt of reliable information that a voter |
| no longer qualifies for the service. The voter shall be notified of the action within five (5) days after |
| the board takes the action. |
| (b) The affidavit form and instructions prescribed in this section shall be mailed to the |
| applicant along with a stamped return envelope addressed to the local boards of canvassers. The |
| secretary of state may process applications pursuant to this section through the online mail ballot |
| application portal established by § 17-20-2.3. |
| (c) For purposes of this section, “nursing home” refers to facilities defined and licensed by |
| the department of health. “Long-term” excludes any residents temporarily residing in such a facility |
| for rehabilitation. |
| (d) The secretary of state shall maintain a list in the central voter registration system of all |
| voters who automatically receive applications for mail ballots, pursuant to this section. |
| (e) [Expires December 31, 2025.] Eligible disabled voters shall be entitled to electronically |
| receive and return their mail ballot, using the same electronic transmission system as that used by |
| voters covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). This |
| electronic process shall satisfy the federal Rehabilitation Act, section 508 concerning accessibility |
| standards. |
| (f) [Expires December 31, 2025.] For purposes of this section, “eligible disabled voter” |
| means a disabled person with disabilities eligible to vote who is incapacitated to such an extent |
| that it would be an undue hardship to vote at the polls because of illness, mental or physical |
| disability, blindness, or a serious impairment of mobility. |
| SECTION 5. Sections 19-14-3 and 19-14-10 of the General Laws in Chapter 19-14 entitled |
| "Licensed Activities" are hereby amended to read as follows: |
| 19-14-3. Application for license. |
| (a) The application for a license shall be in the form prescribed by the director and shall |
| contain the name and address or addresses where the business of the applicant is located and if the |
| applicant is a partnership, association, corporation, or other form of business organization, the |
| names and addresses of each member, director, and principal officer thereof or and any individual |
| acting in the capacity of the manager of an office location. The application shall also include a |
| description of the activities of the applicant, in such detail and for such periods as the director may |
| require, as well as such further information as the director may require. The director may require a |
| background investigation of each applicant for a license by means of fingerprint checks pursuant |
| to §§ 19-14-7 and 42-14-14, utilizing the Federal Bureau of Investigation, or other agency as |
| determined by the director for state and national criminal history record checks. If the applicant is |
| a partnership, association, corporation, or other form of business organization, the director may |
| require a background investigation by means of fingerprint checks on each member, director, |
| trustee, or principal officer of the applicant and any individual acting in the capacity of the manager |
| of an office location. The director will determine by rule those items of information appearing on |
| a criminal records check that will constitute disqualifying information and therefore render the |
| applicant ineligible for licensing under this chapter in accordance with the provisions of § 19-14- |
| 7. Each application for a license shall be accompanied by an investigation fee. The applicant at the |
| time of making application shall pay to the department a fee equal to the annual license fee as |
| provided in this chapter and the sum of one half (½) of the annual license fee as a fee for |
| investigating the application. The license shall be continuous and the license fee shall cover the |
| period through December 31 of each year. The annual license fee for any application approved after |
| November 1 of any given year shall satisfy the annual license fee requirement through the end of |
| the next succeeding calendar year ending December 31. The director, or the director’s designee, is |
| authorized to participate in a multistate licensing system for licensees. The director may establish |
| requirements for participation by an applicant for a license or a person licensed under this chapter. |
| Any such requirements that may be established by the director shall be published on the website of |
| the department of business regulation. Upon implementation, participation by an applicant for a |
| license or by a person licensed under the provisions of this chapter shall be mandatory. The |
| applicant may be required to pay an additional fee for a license or other participation in such |
| multistate licensing system. |
| (b) [Reserved]. |
| (c) [Reserved]. |
| (d) Any license issued under the provisions of former § 5-66-2 shall remain in full force |
| and effect until its expiration and shall be subject to the provisions of this chapter. |
| (e) An applicant for issuance of a mortgage loan originator license shall file with the |
| director, or the director’s designee, evidence acceptable to the director, or the director’s designee, |
| that said applicant has complied with the provisions of §§ 19-14.10-5, 19-14.10-7 and 19-14.10-8. |
| 19-14-10. Agent for service of process. |
| (a) Every licensee shall appoint, and thereafter maintain, in this state a resident agent with |
| authority to accept process for the licensee in this state, including the process of garnishment. |
| (1) The appointment shall be filed with the director, or the director’s designee, |
| electronically through the Nationwide Multistate Licensing System. The designation of an agent |
| shall provide all contact information, including the business address, street, and number, if any, of |
| the resident agent. Thereafter, if the resident agent changes his or her business address or other |
| contact information, the licensee shall, within ten (10) days after any change, file electronically |
| through the Nationwide Multistate Licensing System notice of the change setting forth the agent’s |
| current business address or other contact information. |
| (2) If the resident agent dies, resigns, or leaves the state, the licensee shall make a new |
| appointment and file the new appointment electronically through the Nationwide Multistate |
| Licensing System. The original designation shall not be revoked until new appointment shall have |
| been given to some other competent person resident in this state and filed with the department. |
| (3) Service of process upon the resident agent shall be deemed sufficient service upon the |
| licensee. |
| (4) Any licensee who fails to appoint a resident agent and file the appointment |
| electronically through the Nationwide Multistate Licensing System, or fails to replace a resident |
| agent for a period of thirty (30) days from vacancy, shall be liable for a penalty not exceeding five |
| hundred dollars ($500) and shall be subject to suspension or revocation of the license. |
| (5) Upon the filing of any appointment required by this section, a fee of twenty-five dollars |
| ($25.00) shall be paid to the director for the use of the state. |
| (6) Any licensee that is a corporation and complies with the provisions of chapter 1.2 of |
| title 7 is exempt from the filing requirements of this section. Any licensee that is a limited |
| partnership or limited liability company and complies with the provisions of chapters 13 13.1 and |
| 16 of title 7 is exempt from the requirements of this section. |
| (b) Any process, including the process of garnishment, may be served upon the director, or |
| the director’s designee, as agent of the licensee in the event that no resident agent can be found |
| upon whom service can be made, or in the event that the licensee has failed to designate a resident |
| agent as required, and process may be served by leaving a copy of the process with a fee of twenty- |
| five dollars ($25.00) which shall be included in the taxable costs of the suit, action, or proceeding, |
| in the hands of the director, or the director’s designee. This manner of service upon the licensee |
| shall be sufficient, provided that notice of service and a copy of the process shall be immediately |
| sent by certified mail by the plaintiff, or the plaintiff’s attorney of record, to the licensee at the |
| latest address filed with the director, or the director’s designee. If the licensee has not filed his or |
| her address pursuant to this chapter, notice of service shall be given in any manner that the court in |
| which the action is pending may order as affording the licensee reasonable opportunity to defend |
| the action or to learn of the garnishment. Nothing contained in this section shall limit or affect the |
| right to serve process upon a licensee in any other manner now or hereafter permitted by law. |
| SECTION 6. Sections 19-14.9-3, 19-14.9-5, 19-14.9-12 and 19-14.9-13 of the General |
| Laws in Chapter 19-14.9 entitled "Rhode Island Fair Debt Collection Practices Act" are hereby |
| amended to read as follows: |
| 19-14.9-3. Definitions. |
| For the purposes of this chapter, the following terms shall have the following meaning |
| unless the context otherwise requires: |
| (1) “Consumer” means any person obligated or allegedly obligated to pay any debt, as |
| defined by 15 U.S.C. § 1692a. |
| (2) “Consumer reporting agency” means any person which, for monetary fees, dues, or on |
| a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or |
| evaluating consumer credit information or other information on consumers for the purpose of |
| furnishing consumer reports to third parties. |
| (3) “Creditor” means any person who offers or extends credit creating a debt or to whom a |
| debt is owed, but the term shall not include a person to the extent that he/she receives an assignment |
| or transfer of a debt in default solely for the purpose of facilitating collection of the debt. |
| (4) “Debt” means any obligation or alleged obligation of a consumer to pay money arising |
| out of a transaction in which the money, property, insurance, or services that are the subject of the |
| transaction are primarily for personal, family, or household purposes, whether or not the obligation |
| has been reduced to judgment. |
| (5) “Debt collector” means any person who uses an instrumentality of interstate commerce |
| or the mails in any business the principal purpose of which is the collection of any debts, or who |
| regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be |
| owed or due another. Notwithstanding the exclusion provided by clause (f) below, debt collector |
| shall include a creditor who, in the process of collecting his/her own debt, uses any name other than |
| his/her own which would indicate that a third person is collecting or attempting to collect the debt. |
| Debt collector shall also include a person who uses an instrumentality of interstate commerce or |
| the mails in a business the principal purpose of which is the enforcement of security interests. Debt |
| collector shall not include: |
| (a) An officer or employee of a creditor while, in the name of the creditor, collecting debts |
| for the creditor; |
| (b) A person while acting as a debt collector for another person, both of whom are related |
| by common ownership or affiliated by corporate control, if the person acting as a debt collector |
| does so only for a person to whom it is so related or affiliated and if the principal business of the |
| person is not the collection of a debt; |
| (c) An officer or employee of the United States or a state of the United States to the extent |
| that collecting or attempting to collect a debt is in the performance of his/her official duty; |
| (d) A person while serving or attempting to serve legal process on another person in |
| connection with the judicial enforcement of a debt; |
| (e) A nonprofit organization that, at the request of a consumer, performs bona fide |
| consumer credit counseling and assists the consumer in the liquidation of debts by receiving |
| payments from the consumer and distributing the amounts to creditors; |
| (f) A person collecting or attempting to collect a debt owed or due or asserted to be owed |
| or due another to the extent the activity: |
| (1)(i) Is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; |
| or |
| (2)(ii) Concerns a debt that was originated by the person; |
| (3)(iii) Concerns a debt that was not in default at the time it was obtained by the person or |
| in connection with a debt secured by a mortgage, when first serviced by the person; or |
| (4)(iv) Concerns a debt obtained by the person as a secured party in a commercial credit |
| transaction involving the creditor; |
| (g) Attorneys-at-law collecting a debt on behalf of a client; |
| (h) An agent or independent contractor employed for the purpose of collecting a charge or |
| bill owed by a tenant to a landlord or owed by a customer to a corporation subject to the supervision |
| of the department of business regulation insofar as the person collects charges or bills only for the |
| landlord or supervised corporations. |
| (6) “Department” means the department of business regulation. |
| (7) “Director” means the director of the department of business regulation, or the director’s |
| designee. |
| “Obligor” means an individual or company that owes the debt created by the issuing |
| of a bond required under § 19-14.9-13. |
| (8) “Registrant” means an entity registered under this chapter. |
| SECTION 7. Section 19-14.9-5 of the General Laws in Chapter 19-14.9 entitled "Rhode |
| Island Fair Debt Collection Practices Act" is hereby amended to read as follows: |
| 19-14.9-5. Communication in connection with debt collection. |
| (1) Without the prior consent of the consumer given directly to the debt collector or the |
| express permission of a court of competent jurisdiction, a debt collector may not communicate with |
| a consumer in connection with the collection of any debt: |
| (a) At any unusual time or place or a time or place known or which should be known to be |
| inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt |
| collector shall assume that the convenient time for communicating with a consumer is after 8 |
| o’clock A.M. and before 9 o’clock P.M. local time at the consumer’s location; |
| (b) If the debt collector knows the consumer is represented by an attorney with respect to |
| such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless |
| the attorney fails to respond within a reasonable period of time to a communication from the debt |
| collector or unless the attorney consents to direct communication with the consumer; or |
| (c) At the consumer’s place of employment if the debt collector knows or has reason to |
| know that the consumer’s employer prohibits the consumer from receiving such communication. |
| (2) Except as provided in § 19-14.9-4, without the prior consent of the consumer given |
| directly to the debt collector, or the express permission of a court of competent jurisdiction, or as |
| reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not |
| communicate, in connection with the collection of any debt, with any person other than the |
| consumer, his/her attorney, a consumer reporting agency if otherwise permitted by law, the creditor, |
| the attorney of the creditor, or the attorney of the debt collector. |
| (3) If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt |
| or that the consumer wishes the debt collector to cease further communication with the consumer, |
| the debt collector shall not communicate further with the consumer with respect to such debt, |
| except: |
| (a) To advise the consumer that the debt collector’s further efforts are being terminated; |
| (b) To notify the consumer that the debt collector or creditor may invoke specified remedies |
| that are ordinarily invoked by such debt collector or creditor; or |
| (c) Where applicable, to notify the consumer that the debt collector or creditor intends to |
| invoke a specified remedy. |
| (4) If such notice from the consumer pursuant to subsection (3) of this section is made |
| by mail, notification shall be complete upon receipt. |
| (4)(5) For the purpose of this section, the term “consumer” shall also include the |
| consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator. |
| SECTION 8. Section 19-14.9-12 of the General Laws in Chapter 19-14.9 entitled "Rhode |
| Island Fair Debt Collection Practices Act" is hereby amended to read as follows: |
| 19-14.9-12. Registration required. |
| (1) After July 1, 2008, no person shall engage within this state in the business of a debt |
| collector, or engage in soliciting the right to collect or receive payment for another of an account, |
| bill, or other indebtedness, or advertise for or solicit in print the right to collect or receive payment |
| for another of an account, bill, or other indebtedness, without first registering with the director, or |
| the director’s designee. |
| (2) The application for registration shall be in writing; shall contain information as the |
| director may determine; and shall be accompanied by a registration fee of seven hundred fifty |
| dollars ($750). |
| (3) The registration shall be for a period of one year. Each registration shall plainly state |
| the name of the registrant and the city or town with the name of the street and number, if any, of |
| the place where the business is to be carried on; provided that the business shall at all times be |
| conducted in the name of the registrant as it appears on the registration. |
| (4) No person registered to act within this state as a debt collector shall do so under any |
| other name or at any other place of business than that named in the registration. The registration |
| shall be for a single location but may, with notification to the director, be moved to a different |
| location. A registration shall not be transferable or assignable. |
| (5) This section shall not apply: |
| (a) To the servicer of a debt by a mortgage; or |
| (b) To any debt collector located out of this state, provided that the debt collector: |
| (1)(i) Is collecting debts on behalf of an out-of-state creditor for a debt that was incurred |
| out of state; and |
| (2)(ii) Only collects debts in this state using interstate communication methods, including |
| telephone, facsimile, or mail.; or |
| (c) To any regulated institution as defined under § 19-1-1, national banking association, |
| federal savings bank, federal savings and loan association, federal credit union, or any bank, trust |
| company, savings bank, savings and loan association, or credit union organized under the laws of |
| this state, or any other state of the United States, or any subsidiary of the above; but except as |
| provided herein, this section shall apply to a subsidiary or affiliate, as defined by the director, of an |
| exempted entity and of a bank holding company established in accordance with state or federal law. |
| SECTION 9. Section 19-14.9-13 of the General Laws in Chapter 19-14.9 entitled "Rhode |
| Island Fair Debt Collection Practices Act" is hereby amended to read as follows: |
| 19-14.9-13. Remedies and penalties. |
| (1) Any person who engages in the business of a debt collector without a registration as |
| required by § 19-14.9-12, shall, upon conviction, be fined not more than two thousand dollars |
| ($2,000) or imprisoned not more than one year, or both. |
| (2) Any debt collector who fails to comply with the provisions of §§ 19-14.9-4 — 19-14.9- |
| 11 with respect to a consumer may be subject to revocation of registration and shall be civilly liable |
| to such consumer in an amount equal to the sum of: |
| (a) Any actual damages sustained by such consumer as a result of such failure; |
| (b) In the case of any action by an individual, such additional damages as the court may |
| allow, but not to exceed one thousand dollars ($1,000); |
| (c) In the case of a class action: |
| (1)(i) Such amount for each named plaintiff as could be recovered under subsection (2)(b); |
| (2)(ii) Such amount as the court may allow for all other class members, without regard to |
| a minimum individual recovery, not to exceed five hundred thousand dollars ($500,000) or one |
| percent of the net worth of the debt collector, whichever is the lesser; |
| (d) In the case of any successful action to enforce such liability, the costs of the action, |
| together with such reasonable attorney fees as may be determined by the court. |
| (3) In determining the amount of liability in any action under subsection (2), the court shall |
| consider, among other relevant factors: |
| (a) In any individual action under subsection (2)(b), the frequency and persistence of |
| noncompliance by the debt collector or the nature of such noncompliance, and the extent to which |
| such noncompliance was intentional; |
| (b) In any class action under subsection (2)(c), the frequency and persistence of |
| noncompliance by the debt collector; the nature of such noncompliance; the resources of the debt |
| collector; the number of persons adversely affected; and the extent to which the debt collector’s |
| noncompliance was intentional. |
| (4) A debt collector may not be held liable in any action brought pursuant to the provisions |
| of this chapter if: |
| (a) The debt collector shows by a preponderance of evidence that the violation was not |
| intentional or negligent and the violation resulted from a bona fide error, notwithstanding the |
| maintenance of procedures reasonably adapted to avoid any such error; or |
| (b) Within fifteen (15) days, either after discovering a violation that is able to be cured, or |
| after the receipt of a written notice of such violation, the debt collector notifies the consumer of the |
| violation, and makes whatever adjustments or corrections are necessary to cure the violation with |
| respect to the consumer. |
| (5) An action to enforce any liability created by the provisions of this article may be brought |
| in any court of competent jurisdiction within one year from the date on which the violation occurs. |
| (6) The policy of this state is not to award double damages under this article and the federal |
| “Fair Debt Collection Practices Act” (15 U.S.C. § 1692 et seq.). No damages under this section |
| shall be recovered if damages are recovered for a like provision of said federal act. |
| SECTION 10. Section 27-1.1-1 of the General Laws in Chapter 27-1.1 entitled "Credit for |
| Reinsurance Act" is hereby amended to read as follows: |
| 27-1.1-1. Credit allowed a domestic ceding insurer. |
| (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a |
| reduction from liability on account of reinsurance ceded only when the reinsurer meets the |
| requirements of subsections (b), (c), (d), (e), (f), (g), or (h) of this section; provided, further, that |
| the commissioner may adopt by regulation pursuant to § 27-1.1-4 specific additional requirements |
| relating to or setting forth: |
| (1) The valuation of assets or reserve credits; |
| (2) The amount and forms of security supporting reinsurance arrangements described in § |
| 27-1.1-4; and |
| (3) The circumstances pursuant to which credit will be reduced or eliminated. |
| Credit shall be allowed under subsections (b), (c), or (d) of this section only as respects |
| cessions of those kinds or classes of business which the assuming insurer is licensed or otherwise |
| permitted to write or assume in its state of domicile or, in the case of a United States branch of an |
| alien assuming insurer, in the state through which it is entered and licensed to transact insurance or |
| reinsurance. Credit shall be allowed under subsections (d) or (e) of this section only if the applicable |
| requirements of subsection (i) of this section have been satisfied. |
| (b) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is |
| licensed to transact insurance or reinsurance in this state. |
| (c) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is |
| accredited by the commissioner as a reinsurer in this state. In order to be eligible for an accreditation |
| a reinsurer must: |
| (1) File with the commissioner evidence of its submission to this state’s jurisdiction; |
| (2) Submit to this state’s authority to examine its books and records; |
| (3) Be licensed to transact insurance or reinsurance in at least one state, or in the case of a |
| United States branch of an alien assuming insurer, be entered through and licensed to transact |
| insurance or reinsurance in at least one state; |
| (4) Annually file with the commissioner a copy of its annual statement filed with the |
| insurance department of its state of domicile and a copy of its most recent audited financial |
| statement; and |
| (5) Demonstrate to the satisfaction of the commissioner that it has adequate financial |
| capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from |
| domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its |
| application if it maintains a surplus as regards policyholders in an amount not less than twenty |
| million dollars ($20,000,000) and its accreditation has not been denied by the commissioner within |
| ninety (90) days after submission of its application. |
| (d)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is |
| domiciled in, or in the case of a United States branch of an alien assuming insurer is entered |
| through, a state that employs standards regarding credit for reinsurance substantially similar to |
| those applicable under this statute and the assuming insurer or United States branch of an alien |
| assuming insurer: |
| (i) Maintains a surplus regarding policyholders in an amount not less than twenty million |
| dollars ($20,000,000); and |
| (ii) Submits to the authority of this state to examine its books and records. |
| (2) Provided, that the requirement of subsection (d)(1)(i) of this section does not apply to |
| reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same |
| holding company system. |
| (e)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that |
| maintains a trust fund in a qualified United States financial institution, as defined in § 27-1.1-3(b), |
| for the payment of the valid claims of its United States ceding insurers, their assigns, and successors |
| in interest. To enable the commissioner to determine the sufficiency of the trust fund, the assuming |
| insurer shall report annually to the commissioner information substantially the same as that required |
| to be reported on the National Association of Insurance Commissioners (NAIC) annual statement |
| form by licensed insurers. The assuming insurer shall submit to examination of its books and |
| records by the commissioner and bear the expense of examination. |
| (2)(i) Credit for reinsurance shall not be granted under this subsection unless the form of |
| the trust and any amendments to the trust have been approved by: |
| (A) The commissioner of the state where the trust is domiciled; or |
| (B) The commissioner of another state who, pursuant to the terms of the trust instrument, |
| has accepted principal regulatory oversight of the trust. |
| (ii) The form of the trust and any trust amendments shall also be filed with the |
| commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. |
| The trust instrument shall provide that contested claims shall be valid and enforceable upon the |
| final order of any court of competent jurisdiction in the United States. The trust shall vest legal title |
| to its assets in its trustees for the benefit of the assuming insurer’s United States ceding insurers, |
| their assigns, and successors in interest. The trust and the assuming insurer shall be subject to |
| examination as determined by the commissioner. |
| (iii) The trust shall remain in effect for as long as the assuming insurer has outstanding |
| obligations due under the reinsurance agreements subject to the trust. No later than February 28 of |
| each year the trustee of the trust shall report to the commissioner in writing the balance of the trust |
| and listing the trust’s investments at the preceding year end and shall certify the date of termination |
| of the trust, if so planned, or certify that the trust will not expire prior to the following December |
| 31. |
| (3) The following requirements apply to the following categories of assuming insurer: |
| (i) The trust fund for a single assuming insurer shall consist of funds in trust in an amount |
| not less than the assuming insurer’s liabilities attributable to reinsurance ceded by United States |
| ceding insurers, and, in addition, the assuming insurer shall maintain a trusteed surplus of not less |
| than twenty million dollars ($20,000,000), except as provided in subsection (e)(3)(ii); |
| (ii) At any time after the assuming insurer has permanently discontinued underwriting new |
| business secured by the trust for at least three (3) full years, the commissioner with principal |
| regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only |
| after a finding, based on an assessment of the risk, that the new required surplus level is adequate |
| for the protection of United States ceding insurers, policyholders, and claimants in light of |
| reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial |
| review, including an independent analysis of reserves and cash flows, and shall consider all material |
| risk factors, including, when applicable, the lines of business involved; the stability of the incurred |
| loss estimates; and the effect of the surplus requirements on the assuming insurer’s liquidity or |
| solvency. The minimum required trusteed surplus may not be reduced to an amount less than thirty |
| percent (30%) of the assuming insurer’s liabilities attributable to reinsurance ceded by United |
| States ceding insurers covered by the trust; |
| (iii)(A) In the case of a group including incorporated and individual unincorporated |
| underwriters: |
| (I) For reinsurance ceded under reinsurance agreements with an inception, amendment or |
| renewal date on or after January 1, 1993, the trust shall consist of a trusteed account in an amount |
| not less than the respective underwriters’ several liabilities attributable to business ceded by United |
| States domiciled ceding insurers to any underwriter of the group; |
| (II) For reinsurance ceded under reinsurance agreements with an inception date on or |
| before December 31, 1992, and not amended or renewed after that date, notwithstanding the other |
| provisions of this chapter, the trust shall consist of a trusteed account in an amount not less than |
| the respective underwriters’ several insurance and reinsurance liabilities attributable to business |
| written in the United States; |
| (III) In addition to these trusts, the group shall maintain in trust a trusteed surplus of which |
| one hundred million dollars ($100,000,000) shall be held jointly for the benefit of the United States |
| domiciled ceding insurers of any member of the group for all years of account; |
| (B) The incorporated members of the group shall not be engaged in any business other than |
| underwriting as a member of the group and shall be subject to the same level of regulation and |
| solvency control by the group’s domiciliary regulator as are the unincorporated members; |
| (C) Within ninety (90) days after its financial statements are due to be filed with the group’s |
| domiciliary regulator, the group shall provide to the commissioner an annual certification by the |
| group’s domiciliary regulator of the solvency of each underwriter member; or if a certification is |
| unavailable, financial statements, prepared by independent public accountants, of each underwriter |
| member of the group; and |
| (iv) In the case of a group of incorporated underwriters under common administration the |
| group shall: |
| (A) Have continuously transacted an insurance business outside the United States for at |
| least three (3) years immediately prior to making application for accreditation; |
| (B) Maintain an aggregate policyholders surplus of ten billion dollars ($10,000,000,000); |
| (C) Maintain a trust fund in an amount not less than the group’s several liabilities |
| attributable to business ceded by United States domiciled ceding insurers to any member of the |
| group pursuant to reinsurance contracts issued in the name of the group; |
| (D) In addition, maintain a joint trusteed surplus of which one hundred million dollars |
| ($100,000,000) shall be held jointly for the benefit of United States domiciled ceding insurers of |
| any member of the group as additional security for these liabilities; and |
| (E) Within ninety (90) days after its financial statements are due to be filed with the group’s |
| domiciliary regulator, make available to the commissioner an annual certification of each |
| underwriter member’s solvency by the member’s domiciliary regulator and financial statements of |
| each underwriter member of the group prepared by its independent public accountant. |
| (f) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that has |
| been certified by the commissioner as a reinsurer in this state and secures its obligations in |
| accordance with the requirements of this subsection. |
| (1) In order to be eligible for certification, the assuming insurer shall meet the following |
| requirements: |
| (i) The assuming insurer must be domiciled and licensed to transact insurance or |
| reinsurance in a qualified jurisdiction, as determined by the commissioner pursuant to paragraph |
| (f)(3) of this subsection; |
| (ii) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in |
| an amount to be determined by the commissioner pursuant to regulation; |
| (iii) The assuming insurer must maintain financial strength ratings from two or more rating |
| agencies deemed acceptable by the commissioner pursuant to regulation; |
| (iv) The assuming insurer must agree to submit to the jurisdiction of this state, appoint the |
| commissioner as its agent for service of process in this state, and agree to provide security for one |
| hundred percent (100%) of the assuming insurer’s liabilities attributable to reinsurance ceded by |
| United States ceding insurers if it resists enforcement of a final United States judgment; |
| (v) The assuming insurer must agree to meet applicable information filing requirements as |
| determined by the commissioner, both with respect to an initial application for certification and on |
| an ongoing basis; and |
| (vi) The assuming insurer must satisfy any other requirements for certification deemed |
| relevant by the commissioner. |
| (2) An association including incorporated and individual unincorporated underwriters may |
| be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements |
| of subsection (f)(1) above: |
| (i) The association shall satisfy its minimum capital and surplus requirements through the |
| capital and surplus equivalents (net of liabilities) of the association and its members, which shall |
| include a joint central fund that may be applied to any unsatisfied obligation of the association or |
| any of its members, in an amount determined by the commissioner to provide adequate protection; |
| (ii) The incorporated members of the association shall not be engaged in any business other |
| than underwriting as a member of the association and shall be subject to the same level of regulation |
| and solvency control by the association’s domiciliary regulator as are the unincorporated members; |
| and |
| (iii) Within ninety (90) days after its financial statements are due to be filed with the |
| association’s domiciliary regulator, the association shall provide to the commissioner an annual |
| certification by the association’s domiciliary regulator of the solvency of each underwriter member; |
| or if a certification is unavailable, financial statements, prepared by independent public |
| accountants, of each underwriter member of the association. |
| (3) The commissioner shall create and publish a list of qualified jurisdictions, under which |
| an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for |
| certification by the commissioner as a certified reinsurer. |
| (i) In order to determine whether the domiciliary jurisdiction of a non-United States |
| assuming insurer is eligible to be recognized as a qualified jurisdiction, the commissioner shall |
| evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the |
| jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits, and the extent |
| of reciprocal recognition afforded by the non-United States jurisdiction to reinsurers licensed and |
| domiciled in the United States. A qualified jurisdiction must agree to share information and |
| cooperate with the commissioner with respect to all certified reinsurers domiciled within that |
| jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the commissioner |
| has determined that the jurisdiction does not adequately and promptly enforce final United States |
| judgments and arbitration awards. Additional factors may be considered in the discretion of the |
| commissioner; |
| (ii) A list of qualified jurisdictions shall be published through the NAIC committee process. |
| The commissioner shall consider this list in determining qualified jurisdictions. If the commissioner |
| approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the |
| commissioner shall provide thoroughly documented justification in accordance with criteria to be |
| developed under regulations; |
| (iii) United States jurisdictions that meet the requirement for accreditation under the NAIC |
| financial standards and accreditation program shall be recognized as qualified jurisdictions; and |
| (iv) If a certified reinsurer’s domiciliary jurisdiction ceases to be a qualified jurisdiction, |
| the commissioner has the discretion to suspend the reinsurer’s certification indefinitely, in lieu of |
| revocation. |
| (4) The commissioner shall assign a rating to each certified reinsurer, giving due |
| consideration to the financial strength ratings that have been assigned by rating agencies deemed |
| acceptable to the commissioner pursuant to regulation. The commissioner shall publish a list of all |
| certified reinsurers and their ratings. |
| (5) A certified reinsurer shall secure obligations assumed from United States ceding |
| insurers under this subsection at a level consistent with its rating, as specified in regulations |
| promulgated by the commissioner. |
| (i) In order for a domestic ceding insurer to qualify for full financial statement credit for |
| reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form |
| acceptable to the commissioner and consistent with the provisions of section (3) § 27-1.1-2, or in |
| a multi-beneficiary trust in accordance with subsection (e) of this section, except as otherwise |
| provided in this subsection; |
| (ii) If a certified reinsurer maintains a trust to fully secure its obligations subject to |
| subsection (e) of this section, and chooses to secure its obligations incurred as a certified reinsurer |
| in the form of a multi-beneficiary trust, the certified reinsurer shall maintain separate trust accounts |
| for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer |
| with reduced security as permitted by this subsection or comparable laws of other United States |
| jurisdictions and for its obligations subject to subsection (e) of this section. It shall be a condition |
| to the grant of certification under subsection (f) of this section that the certified reinsurer shall have |
| bound itself, by the language of the trust and agreement with the commissioner with principal |
| regulatory oversight of each such trust account, to fund, upon termination of any such trust account, |
| out of the remaining surplus of such trust any deficiency of any other such trust account; |
| (iii) The minimum trusteed surplus requirements provided in subsection (e) are not |
| applicable with respect to a multi-beneficiary trust maintained by a certified reinsurer for the |
| purpose of securing obligations incurred under this subsection, except that such trust shall maintain |
| a minimum trusteed surplus of ten million dollars ($10,000,000); |
| (iv) With respect to obligations incurred by a certified reinsurer under this subsection, if |
| the security is insufficient, the commissioner shall reduce the allowable credit by an amount |
| proportionate to the deficiency, and has the discretion to impose further reductions in allowable |
| credit upon finding that there is a material risk that the certified reinsurer’s obligations will not be |
| paid in full when due; and |
| (v) For purposes of this subsection, a certified reinsurer whose certification has been |
| terminated for any reason shall be treated as a certified reinsurer required to secure one hundred |
| percent (100%) of its obligations. |
| (A) As used in this subsection, the term “terminated” refers to revocation, suspension, |
| voluntary surrender and inactive status; and |
| (B) If the commissioner continues to assign a higher rating as permitted by other provisions |
| of this section, this requirement does not apply to a certified reinsurer in inactive status or to a |
| reinsurer whose certification has been suspended. |
| (6) If an applicant for certification has been certified as a reinsurer in an NAIC-accredited |
| jurisdiction, the commissioner has the discretion to defer to that jurisdiction’s certification, and has |
| the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall |
| be considered to be a certified reinsurer in this state. |
| (7) A certified reinsurer that ceases to assume new business in this state may request to |
| maintain its certification in inactive status in order to continue to qualify for a reduction in security |
| for its in-force business. An inactive certified reinsurer shall continue to comply with all applicable |
| requirements of this subsection, and the commissioner shall assign a rating that takes into account, |
| if relevant, the reasons why the reinsurer is not assuming new business. |
| (g)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer, |
| meeting each of the conditions set forth below. |
| (i) The assuming insurer must have its head office or be domiciled in, as applicable, and |
| be licensed in a reciprocal jurisdiction. A “reciprocal jurisdiction” is a jurisdiction that meets one |
| of the following: |
| (A) A non-United States jurisdiction that is subject to an in-force covered agreement with |
| the United States, each within its legal authority, or, in the case of a covered agreement between |
| the United States and European Union, is a member state of the European Union. For purposes of |
| this subsection, a “covered agreement” is an agreement entered into, pursuant to the Dodd-Frank |
| Wall Street Reform and Consumer Protection Act, 31 U.S.C. §§ 313 and 314, that is currently in |
| effect or in a period of provisional application and addresses the elimination, under specified |
| conditions, of collateral requirements, as a condition for entering into any reinsurance agreement |
| with a ceding insurer domiciled in this state or for allowing the ceding insurer to recognize credit |
| for reinsurance; |
| (B) A United States jurisdiction that meets the requirements for accreditation under the |
| NAIC financial standards and accreditation program; or |
| (C) A qualified jurisdiction, as determined by the commissioner pursuant to subsection |
| (f)(3) of this section, that is not otherwise described in subsection (g)(1)(i)(A) or (g)(1)(i)(B) of this |
| section and that meets certain additional requirements, consistent with the terms and conditions of |
| in-force covered agreements, as specified by the commissioner in regulation. |
| (ii) The assuming insurer must have and maintain, on an ongoing basis, minimum capital |
| and surplus, or its equivalent, calculated according to the methodology of its domiciliary |
| jurisdiction, in an amount to be set forth in regulation. If the assuming insurer is an association, |
| including incorporated and individual unincorporated underwriters, it must have and maintain, on |
| an ongoing basis, minimum capital and surplus equivalents (net of liabilities), calculated according |
| to the methodology applicable in its domiciliary jurisdiction, and a central fund containing a |
| balance in amounts to be set forth in regulation. |
| (iii) The assuming insurer must have and maintain, on an ongoing basis, a minimum |
| solvency or capital ratio, as applicable, that will be set forth in regulation. If the assuming insurer |
| is an association, including incorporated and individual unincorporated underwriters, it must have |
| and maintain, on an ongoing basis, a minimum solvency or capital ratio in the reciprocal jurisdiction |
| where the assuming insurer has its head office or is domiciled, as applicable, and is also licensed. |
| (iv) The assuming insurer must agree and provide adequate assurance to the commissioner, |
| in a form specified by the commissioner, pursuant to regulation, as follows: |
| (A) The assuming insurer must provide prompt written notice and explanation to the |
| commissioner, if it falls below the minimum requirements set forth in subsections (g)(1)(ii) or |
| (g)(1)(iii) of this section, or if any regulatory action is taken against it, for serious noncompliance |
| with applicable law; |
| (B) The assuming insurer must consent in writing to the jurisdiction of the courts of this |
| state and to the appointment of the commissioner as agent for service of process. The commissioner |
| may require that consent for service of process be provided to the commissioner and included in |
| each reinsurance agreement. Nothing in this provision shall limit, or in any way alter, the capacity |
| of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except |
| to the extent the agreements are unenforceable under applicable insolvency or delinquency laws; |
| (C) The assuming insurer must consent in writing to pay all final judgments, wherever |
| enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared |
| enforceable in the jurisdiction where the judgment was obtained; |
| (D) Each reinsurance agreement must include a provision requiring the assuming insurer |
| to provide security in an amount equal to one hundred percent (100%) of the assuming insurer’s |
| liabilities, attributable to reinsurance ceded pursuant to that agreement, if the assuming insurer |
| resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which |
| it was obtained or a properly enforceable arbitration award, whether obtained by the ceding insurer |
| or by its legal successor on behalf of its resolution estate; and |
| (E) The assuming insurer must confirm that it is not presently participating in any solvent |
| scheme of arrangement that involves this state’s ceding insurers, and agree to notify the ceding |
| insurer and the commissioner and to provide security in an amount equal to one hundred percent |
| (100%) of the assuming insurer’s liabilities to the ceding insurer, should the assuming insurer enter |
| into such a solvent scheme of arrangement. Such security shall be in a form consistent with the |
| provisions of subsection (f) of this section and § 27-1.1-2 and as specified by the commissioner in |
| regulation. |
| (v) The assuming insurer or its legal successor must provide, if requested by the |
| commissioner, on behalf of itself and any legal predecessors, certain documentation to the |
| commissioner, as specified by the commissioner in regulation. |
| (vi) The assuming insurer must maintain a practice of prompt payment of claims under |
| reinsurance agreements, pursuant to criteria set forth in regulation. |
| (vii) The assuming insurer’s supervisory authority must confirm to the commissioner on |
| an annual basis, as of the preceding December 31 or at the annual date otherwise statutorily reported |
| to the reciprocal jurisdiction, that the assuming insurer complies with the requirements set forth in |
| subsections (g)(1)(ii) and (g)(1)(iii) of this section. |
| (viii) Nothing in this provision precludes an assuming insurer from providing the |
| commissioner with information on a voluntary basis. |
| (2) The commissioner shall timely create and publish a list of reciprocal jurisdictions. |
| (i) A list of reciprocal jurisdictions is published through the NAIC committee process. The |
| commissioner’s list shall include any reciprocal jurisdiction as defined under subsections |
| (g)(1)(i)(A) and (g)(1)(i)(B) of this section, and shall consider any other reciprocal jurisdiction |
| included on the NAIC list. The commissioner may approve a jurisdiction that does not appear on |
| the NAIC list of reciprocal jurisdictions, in accordance with criteria to be developed under |
| regulations issued by the commissioner. |
| (ii) The commissioner may remove a jurisdiction from the list of reciprocal jurisdictions, |
| upon a determination that the jurisdiction no longer meets the requirements of a reciprocal |
| jurisdiction, in accordance with a process set forth in regulations issued by the commissioner, |
| except that the commissioner shall not remove from the list a reciprocal jurisdiction as defined |
| under subsections (g)(1)(i)(A) and (g)(1)(i)(B) of this section. Upon removal of a reciprocal |
| jurisdiction from this list, credit for reinsurance ceded to an assuming insurer which has its home |
| office or is domiciled in that jurisdiction shall be allowed, if otherwise allowed pursuant to this |
| chapter. |
| (3) The commissioner shall timely create and publish a list of assuming insurers that have |
| satisfied the conditions set forth in this subsection and to which cessions shall be granted credit in |
| accordance with this subsection. The commissioner may add an assuming insurer to such list, if an |
| NAIC accredited jurisdiction has added such assuming insurer to a list of such assuming insurers |
| or if, upon initial eligibility, the assuming insurer submits the information to the commissioner, as |
| required under subsection (g)(1)(iv) of this section and complies with any additional requirements |
| that the commissioner may impose by regulation, except to the extent that they conflict with an |
| applicable covered agreement. |
| (4) If the commissioner determines that an assuming insurer no longer meets one or more |
| of the requirements under this subsection, the commissioner may revoke or suspend the eligibility |
| of the assuming insurer for recognition under this subsection in accordance with procedures set |
| forth in regulation. |
| (i) While an assuming insurer’s eligibility is suspended, no reinsurance agreement issued, |
| amended, or renewed after the effective date of the suspension qualifies for credit except to the |
| extent that the assuming insurer’s obligations under the contract are secured in accordance with § |
| 27-1.1-2. |
| (ii) If an assuming insurer’s eligibility is revoked, no credit for reinsurance may be granted |
| after the effective date of the revocation, with respect to any reinsurance agreements entered into |
| by the assuming insurer, including reinsurance agreements entered into prior to the date of |
| revocation, except to the extent that the assuming insurer’s obligations, under the contract, are |
| secured in a form acceptable to the commissioner and consistent with the provisions of § 27-1.1-2. |
| (5) If subject to a legal process of rehabilitation, liquidation, or conservation, as applicable, |
| the ceding insurer, or its representative, may seek and, if determined appropriate by the court in |
| which the proceedings are pending, may obtain an order requiring that the assuming insurer post |
| security for all outstanding ceded liabilities. |
| (6) Nothing in this subsection shall limit or in any way alter the capacity of parties to a |
| reinsurance agreement to agree on requirements for security or other terms in that reinsurance |
| agreement, except as expressly prohibited by this chapter or other applicable law or regulation. |
| (7) Credit may be taken under this subsection only for reinsurance agreements entered into, |
| amended, or renewed on or after the effective date of the statute adding this subsection, and only |
| with respect to losses incurred and reserves reported on or after the later of: |
| (i) The date on which the assuming insurer has met all eligibility requirements, pursuant to |
| subsection (g)(1) of this section; and |
| (ii) The effective date of the new reinsurance agreement, amendment, or renewal. |
| (A) This subsection (g)(7) does not alter or impair a ceding insurer’s right to take credit for |
| reinsurance, to the extent that credit is not available under this subsection, as long as the reinsurance |
| qualifies for credit, under any other applicable provision of this chapter. |
| (B) Nothing in this subsection shall authorize an assuming insurer to withdraw or reduce |
| the security provided under any reinsurance agreement, except as permitted by the terms of the |
| agreement. |
| (C) Nothing in this subsection shall limit, or in any way alter, the capacity of parties to any |
| reinsurance agreement to renegotiate the agreement. |
| (h) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not |
| meeting the requirements of subsections (b), (c), (d), (e), (f), or (g) of this section, but only as to |
| the insurance of risks located in jurisdictions where the reinsurance is required by applicable law |
| or regulation of that jurisdiction. |
| (i) If the assuming insurer is not licensed, accredited, or certified to transact insurance or |
| reinsurance in this state, the credit permitted by subsections (d) and (e) of this section shall not be |
| allowed unless the assuming insurer agrees in the reinsurance agreements: |
| (1)(i) That in the event of the failure of the assuming insurer to perform its obligations |
| under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding |
| insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the |
| United States, will comply with all requirements necessary to give the court jurisdiction, and will |
| abide by the final decision of the court or of any appellate court in the event of an appeal; and |
| (ii) To designate the commissioner or a designated attorney as its true and lawful attorney |
| upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on |
| behalf of the ceding insurer. |
| (2) This subsection is not intended to conflict with or override the obligation of the parties |
| to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement. |
| (j) If the assuming insurer does not meet the requirements of subsections (b), (c), (d), or |
| (g), the credit permitted by subsection (e) or (f) of this section shall not be allowed unless the |
| assuming insurer agrees in the trust agreements to the following conditions: |
| (1) Notwithstanding any other provisions in the trust instrument, if the trust fund is |
| inadequate because it contains an amount less than the amount required by subsection (e)(3) of this |
| section, or if the grantor of the trust has been declared insolvent or placed into receivership, |
| rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, |
| the trustee shall comply with an order of the commissioner with regulatory oversight over the trust |
| or with an order of a court of competent jurisdiction directing the trustee to transfer to the |
| commissioner with regulatory oversight all of the assets of the trust fund; |
| (2) The assets shall be distributed by and claims shall be filed with and valued by the |
| commissioner with regulatory oversight in accordance with the laws of the state in which the trust |
| is domiciled that are applicable to the liquidation of domestic insurance companies; |
| (3) If the commissioner with regulatory oversight determines that the assets of the trust |
| fund or any part thereof are not necessary to satisfy the claims of the United States ceding insurers |
| of the grantor of the trust, the assets or part thereof shall be returned by the commissioner with |
| regulatory oversight to the trustee for distribution in accordance with the trust agreement; and |
| (4) The grantor shall waive any right otherwise available to it under United States law that |
| is inconsistent with this provision. |
| (k) If an accredited or certified reinsurer ceases to meet the requirements for accreditation |
| or certification, the commissioner may suspend or revoke the reinsurer’s accreditation or |
| certification. |
| (1) The commissioner must give the reinsurer notice and opportunity for hearing. The |
| suspension or revocation may not take effect until after the commissioner’s order on hearing, |
| unless: |
| (i) The reinsurer waives its right to hearing; |
| (ii) The commissioner’s order is based on regulatory action by the reinsurer’s domiciliary |
| jurisdiction or the voluntary surrender or termination of the reinsurer’s eligibility to transact |
| insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of |
| the reinsurer under subparagraph (f)(6) of this section; or |
| (iii) The commissioner finds that an emergency requires immediate action and a court of |
| competent jurisdiction has not stayed the commissioner’s action. |
| (2) While a reinsurer’s accreditation or certification is suspended, no reinsurance contract |
| issued or renewed after the effective date of the suspension qualifies for credit except to the extent |
| that the reinsurer’s obligations under the contract are secured in accordance with § 27-1.1-2. If a |
| reinsurer’s accreditation or certification is revoked, no credit for reinsurance may be granted after |
| the effective date of the revocation except to the extent that the reinsurer’s obligations under the |
| contract are secured in accordance with subsection (f)(5) or § 27-1.1-2. |
| (l) Concentration Risk. |
| (1) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate |
| to its own book of business. A domestic ceding insurer shall notify the commissioner within thirty |
| (30) days after reinsurance recoverables from any single assuming insurer, or group of affiliated |
| assuming insurers, exceeds fifty percent (50%) of the domestic ceding insurer’s last reported |
| surplus to policyholders, or after it is determined that reinsurance recoverables from any single |
| assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The |
| notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. |
| (2) A ceding insurer shall take steps to diversify its reinsurance program. A domestic |
| ceding insurer shall notify the commissioner within thirty (30) days after ceding to any single |
| assuming insurer, or group of affiliated assuming insurers, more than twenty percent (20%) of the |
| ceding insurer’s gross written premium in the prior calendar year, or after it has determined that |
| the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is |
| likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed |
| by the domestic ceding insurer. |
| SECTION 11. Section 27-4.4-4 of the General Laws in Chapter 27-4.4 entitled "The |
| Standard Nonforfeiture Law for Individual Deferred Annuities" is hereby amended to read as |
| follows: |
| 27-4.4-4. Minimum values. |
| (a) The minimum values as specified in §§ 27-4.4-5 — 27-4.4-8 and 27-4.4-10 of any paid- |
| up annuity, cash surrender, or death benefits available under an annuity contract shall be based |
| upon minimum nonforfeiture amounts as defined in this section. |
| (b) The minimum nonforfeiture amount at any time at or prior to the commencement of |
| any annuity payments shall be equal to an accumulation up to that time at rates of interest as |
| provided in subsection (d) of this section, of the net considerations as defined in this section paid |
| prior to that time, decreased by the sum of: |
| (1) Any prior withdrawals from or partial surrenders of the contract accumulated at rates |
| of interest as provided in subsection (d) of this section; |
| (2) The amount of any indebtedness to the company on the contract, including interest due |
| and accrued; |
| (3) An annual contract charge of fifty dollars ($50.00), accumulated at rates of interest as |
| provided in subsection (d) of this section; and |
| (4) Any premium tax paid by the company for the contract, accumulated at rates of interest |
| as provided in subsection (d) of this section. |
| (c) The net considerations for a given contract year used to define the minimum |
| nonforfeiture amount shall be an amount equal to eighty-seven and one-half percent (87.5%) of the |
| gross considerations credited to the contract during that contract year. |
| (d) The interest rate used in determining minimum nonforfeiture amounts shall be an |
| annual rate of interest determined as the lesser of three percent (3%) per annum and the following, |
| which shall be specified in the contract if the interest rate will be reset: |
| (1) The five-year (5) Constant Maturity Treasury Rate reported by the Federal Reserve as |
| of a date, or average over a period, rounded to the nearest one twentieth of one percent (1/20%), |
| specified in the contract no longer than fifteen (15) months prior to the contract issue date or |
| redetermination date under subsection (d)(4) of this section; |
| (2) Reduced by one hundred twenty-five (125) basis points; |
| (3) Where the resulting interest rate is not less than one percent (1%); and |
| (4) The interest rate shall apply for an initial period and may be redetermined for additional |
| periods. The redetermination date, basis and period, if any, shall be stated in the contract. The basis |
| is the date or average over a specified period that produces the value of the five-year (5) Constant |
| Maturity Treasury Rate to be used at each redetermination date. |
| (e) During the period or term that a contract provides substantive participation in an equity |
| indexed benefit, it may increase the reduction described in subsection (d)(2) of this section above |
| by up to an additional one hundred (100) basis points to reflect the value of the equity index benefit. |
| The present value at the contract issue date, and at each redetermination date thereafter, of the |
| additional reduction shall not exceed the market value of the benefit. The commissioner of |
| insurance may require a demonstration that the present value of the reduction does not exceed the |
| market value of the benefit. Lacking such a demonstration that is acceptable to the commissioner, |
| the commissioner may disallow or limit the additional reduction. |
| (f) The commissioner of insurance may adopt rules to implement the provisions of |
| subsection (e) of this section and to provide for further adjustments to the calculation of minimum |
| nonforfeiture amounts for contracts that provide substantive participation in an equity index benefit |
| and for other contracts that the commissioner determines adjustments are justified. |
| SECTION 12. Sections 42-8.1-2, 42-8.1-11 and 42-8.1-17 of the General Laws in Chapter |
| 42-8.1 entitled "State Archives" are hereby amended to read as follows: |
| 42-8.1-2. Definitions. |
| For the purpose of this chapter: |
| (1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, |
| administrative body of the state or any political subdivision thereof; including, but not limited to |
| the leadership of the general assembly, chairperson in the house and senate, public officials elected |
| or appointed and any department, division, agency, commission, board, office, bureau, authority, |
| any school, fire, or water district, or other agency or quasi-public agency of state or local |
| government that exercises governmental functions, any other public or private agency, person, |
| partnership, corporation, or business entity acting on behalf of any public agency. |
| (2) “Archive” means an establishment maintained primarily for the storage, servicing, |
| security, and processing of records that must be preserved permanently for historical, legal, or other |
| value and need not be retained in office equipment and space. |
| (3) “Archives of the state” means those official records that have been determined by the |
| state archivist to have permanent value to warrant their continued preservation by the state, and |
| have been accepted by the state archivist for deposit in his or her custody. |
| (4) “Authenticated copies” means exact copies or reproductions of records or other |
| materials that are certified as such under seal and that need be legally accepted as evidence. |
| (5) “Custodian” means any authorized person having personal custody and control of the |
| public records in question. |
| (6) “Division” means the division of state archives of the department of state. |
| (7) “Official custodian” means and includes any officer or employee of the state or any |
| agency, institution, or political subdivision thereof, who is responsible for the maintenance, care, |
| and keeping of public records, regardless of whether such records are in his or her actual personal |
| custody and control. |
| (8) “Permanent records” means public records or records that are established in the records |
| retention schedule at the time of creation, which shall not be destroyed, and are determined to have |
| enduring, legal, and or historical value to the state. |
| (9) “Person” means and includes any natural person, corporation, partnership, firm, or |
| association. |
| (10) “Personal paper(s)” means documents unrelated to work but maintained at a place of |
| work by an employee or general officers of the state government of Rhode Island. |
| (11) “Political subdivision” means and includes every city, town, school district, fire |
| district, water or sanitation district, or any other special district or other quasi-public agency within |
| the state. |
| (12) “Public record” or “public records” means public records as defined in chapter 2 of |
| title 38, “Access to Public Records”. |
| (13) “Records” means all books, letters, papers, maps, photographs, tapes, films, sound |
| recordings, machine-readable records, or any other documentary materials, regardless of physical |
| form or characteristics, made or received by any governmental agency, office, or general officer in |
| pursuance of law or in connection with the transaction of public business and preserved or |
| appropriate for preservation by the agency or its legitimate successor as evidence of the |
| organization, functions, policies, decisions, procedures, operations, or other activities of the |
| government or because of the value of the official government data contained therein. As used in |
| this part 1 this subsection, the following are excluded from the definition of records: |
| (i) Materials preserved or appropriate for preservation because of the value of the data |
| contained therein other than that of an official government nature or because of the historical value |
| of the materials themselves; |
| (ii) Library books, pamphlets, newspapers, or museum material made, acquired, or |
| preserved for reference, historical, or exhibition purposes; |
| (iii) Private papers, manuscripts, letters, diaries, pictures, biographies, books, and maps, |
| including materials and collections previously owned by persons other than the state or any political |
| subdivision thereof; |
| (iv) Extra copies of publications or duplicated documents preserved for convenience of |
| reference; and |
| (v) Stocks of publications. |
| (14) “State archives” means the official state repository or any other repository approved |
| by the state archivist for long-term or permanent records. |
| (15) “State archivist” means the individual who coordinates, directs, and administers the |
| activities and responsibilities of the state archives. |
| 42-8.1-11. Transfer of records to archives. |
| (a) Those records deemed by the public officer having custody thereof to be unnecessary |
| for the transaction of the business of his or her office and yet deemed by the public records |
| administrator, attorney general, or the auditor general and the state archivist to be permanent |
| records shall be transferred, with the consent of the state archivist, to the custody of the division of |
| state archives. A list of all records so transferred, together with a statement certifying compliance |
| with the provisions of this chapter signed by the state archivist, shall be preserved in the files of the |
| office from which the records were drawn and in the files of the division. |
| (b) Those records created or received by general officers, immediate staff, or a unit or |
| individual of the executive office whose function is to advise and assist general officers, in the |
| course of conducting activities that relate to or have an effect upon the carrying out of the |
| constitutional, statutory, or other official duties carried out on behalf of the state. Such materials |
| shall be transferred at the end of the official’s final term within thirty (30) days of leaving the office. |
| (c) Items in the care, custody, and trusteeship of the state archivist that are not records as |
| defined by chapter 2 of title 38 and items that are not records that are proposed for disposition but |
| determined to be of historical or museum interest or value by the state archivist may be transferred |
| to the custody of the Rhode Island historical society or other local historical societies. |
| (d) Qualified researchers, scholars, and students and other appropriate persons performing |
| qualified research shall have the right of reasonable access to all records in the custody of the state |
| archivist for purposes of historical reference, research, and information, subject to the provisions |
| of chapter 2 of title 38. Copies of records, having historical, or museum interest or value shall be |
| furnished by the state archivist upon request of any person, society, state agency, or political |
| subdivision, subject to restraints of standard archival practices. |
| (e) In the event of disagreement as to the custody of any records as defined in § 38-3-6, the |
| archivist with the advice of the attorney general and auditor general shall make final and conclusive |
| determination, and order and direct custody accordingly per § 38-3-6. |
| 42-8.1-17. Duties of agencies. |
| It shall be the duty of each agency of the state and political subdivision thereof to: |
| (1) Assist in the creation of record control schedules containing adequate and proper |
| documentation of the organization, functions, policies, decisions, procedures, and essential |
| transactions of the agency and designed to furnish the information necessary to protect public |
| records created or received by the agency until they have met retention requirements; |
| (2) Cooperate fully with the division in complying with the provisions of this chapter; |
| (3) Establish and maintain an active and continuing program for the preservation of |
| permanent records and assist the division to implement the provisions of this chapter. Agencies that |
| do not transfer permanent records to the state archives shall submit an annual preservation report |
| to the state archives; and |
| (4) Establish necessary safeguards against the removal or loss of records. These safeguards |
| shall include notification to all officials and employees of the agency that no records in the custody |
| of the agency are to be alienated or destroyed except in accordance with the provisions of this |
| chapter, §§ 38-1-10 and 38-3-6. |
| (5) [Deleted by P.L. 2022, ch. 127, § 1 and P.L. 2022, ch. 128, § 1.] |
| SECTION 13. Section 44-9-46 of the General Laws in Chapter 44-9 entitled "Tax Sales" |
| is hereby amended to read as follows: |
| 44-9-46. Forms. |
| The following forms may be used in proceedings for the collection of taxes under this |
| chapter, and, if substantially followed, they shall be deemed sufficient for the proceedings to which |
| they relate; but other suitable forms may also be used. |
| Form No. 1 |
| § 44-9-18 |
| This notice to be sent by registered or certified mail. |
| NOTICE OF INTENTION TO ASSIGN TAX TITLE |
| State of Rhode Island |
| ________________________ |
| Name of City or Town |
| OFFICE OF THE TREASURER |
| _____________________________________________________________________, 20 ____ |
| (Name of owner of record) |
| _____________________________________________________________________________ |
| (Last known address) |
| You are hereby notified that after the expiration of ten (10) days from the date of this notice |
| I, _________, Treasurer of the City - Town of _________, intend to assign and transfer to |
| _________ the tax title on the hereinafter described land upon the payment by him or her of a sum |
| not less than the amount necessary for redemption, the tax title having been acquired by the city or |
| town under a tax collector's deed dated _________, 20 _________, and recorded in the Registry of |
| Deeds, Book _________, Page ______. |
| DESCRIPTION OF LAND |
| ____________ Treasurer |
| of ________________________ |
| Name of City or Town |
| Form No. 2 |
| § 44-9-18 |
| INSTRUMENT OF ASSIGNMENT OF TAX TITLE |
| (This instrument must be recorded within sixty (60) days from its date) |
| STATE OF RHODE ISLAND |
| ________________________ |
| Name of City or Town |
| OFFICE OF THE TREASURER |
| I, ________, Treasurer of the City - Town of _________, pursuant to the provisions of § |
| 44-9-18, in consideration of _________/100 dollars to me paid, do hereby on behalf of the city - |
| town assign and transfer to (Name of Assignee) of (No., Street, City, State), the tax title acquired |
| by the city - town on the hereinafter described land under a tax collector's deed dated ________ 20 |
| ______, and recorded in the _______ Registry of Deeds, Book _______, Page ______. |
| DESCRIPTION OF LAND |
| The above-mentioned sum is not less than the amount necessary for redemption, and |
| includes all taxes assessed on the land subsequent to the assessment, for nonpayment of which the |
| land was so purchased, and which have not been paid. |
| On ________, 20 ______, notice of intended assignment was sent by registered or certified |
| mail to the owner of record as follows: |
| ________________________________ __________________________ |
| (Name) (Last known address) |
| In Witness Whereof, I have hereunto set my hand and seal this ________ day of ________, |
| 20 _____. |
| WITNESS |
| __________________________ |
| Treasurer |
| STATE OF RHODE ISLAND, |
| County of ________________ |
| In the _______ of ________ this ________ day of _______ 20____, personally appeared |
| before me _________, Treasurer of the City - Town of __________, known to me and known by |
| me to be the person who executed the foregoing instrument, and acknowledged the instrument, by |
| him or her signed in that capacity to be his or her free and voluntary act and deed. |
| __________________________ |
| Notary Public |
| Form No. 3 |
| § 44-9-20 |
| FORM OF DEED WHEN ESTATE IS REDEEMED |
| UNDER SECTION 44-9-19 |
| KNOW ALL MEN BY THESE PRESENTS, |
| That the ________ of ________, in consideration of ________, to it paid by ________ of |
| ________, the receipt whereof is hereby acknowledged, does hereby remise, release, and forever |
| quitclaim unto ________ all the right, title, and interest which ________ of ________ acquired, by |
| or under a deed made to it by the Collector of Taxes for the city - town of ________, dated |
| ________ 20 ____, and recorded in Deed Book ________ Page ________ in and to the following |
| parcel of real estate: |
| (Description) |
| To have and to hold the above-released premises, with all the privileges and appurtenances |
| to the premises belonging, to _____, h _____ heirs and assigns, to h ____ and their use and behoof |
| forever. |
| In witness whereof, etc. |
| __________________________ |
| By: __________________________ |
| Treasurer |
| Acknowledgment. See Form 2. |
| Form No. 4 |
| § 44-9-23 |
| TREASURER'S CERTIFICATE OF RECEIPT OF |
| MONEY PAID FOR PURPOSE OF REDEMPTION |
| STATE OF RHODE ISLAND |
| ________________________ |
| Name of City or Town |
| OFFICE OF THE TREASURER |
| I, ______, Treasurer of the City - Town of ______, hereby certify that on this day of |
| ______, 20 ____, pursuant to the provisions of § 44-9-19 - 44-9-23, (Name of person redeeming) |
| ______, residing at ______ (No., Street, City or Town, and State), ______ who claims to be the |
| holder of an interest in - a mortgage on the land hereinafter described, which was purchased for |
| nonpayment of the 20 ____ tax assessed thereon to ______, has paid to me as Treasurer of the city |
| - town the amount of ______/100 dollars for the purpose of redeeming the land from the tax title |
| thereby held by (Present holder of tax title), residing at ______ (No., Street, City or Town, and |
| State) ______, under a tax collector's deed dated ______, 20 ____, and recorded in ______ Registry |
| of Deeds, Book ______, Page ____. |
| (If there has been no assignment, strike out the following reference) |
| the tax title having been assigned to the above-named ______ (present holder of tax title) |
| ______ by instrument of assignment dated ______, 20 ____, and recorded in the registry, Book |
| ______, Page ____ |
| The above-mentioned amount is computed as follows: |
| (Strike out whichever computation is inapplicable) |
| TITLE HELD BY ORIGINAL PURCHASER TITLE HELD BY ASSIGNEE |
| Original Sum for which Amount Stated in Instrument |
| Land was Sold $.... of Assignment $.... |
| Intervening Taxes and Costs Paid Taxes and Costs Paid by |
| by Purchaser .... Assignee since Assignment .... |
| Interest According to Law .... Interest According to Law .... |
| Recording .... Recording .... |
| ____ ____ |
| TOTAL AMOUNT PAID $.... TOTAL AMOUNT PAID $.... |
| DESCRIPTION OF LAND |
| In Witness, etc. |
| __________________________ |
| By: __________________________ |
| Treasurer |
| Acknowledgment. See Form 2. |
| Form No. 5 |
| § 44-9-25 |
| STATE OF RHODE ISLAND |
| PETITION TO FORECLOSE RIGHT OF REDEMPTION |
| To the Honorable Judges of the Superior Court: |
| The undersigned hereby represents that the land hereinafter described was sold on ____ |
| (Date of sale) ____ for nonpayment of taxes by the town or city of _____ in the County of _____ |
| by instrument dated ____ and duly recorded on (Date) ____ in Book _____, Page ______; that |
| more than one year from the date of the sale has elapsed and no redemption has been made; that |
| these proceedings have been conducted according to law; that the deed was recorded within sixty |
| (60) days from date of sale - that the undersigned now holds title under the instrument; that the |
| following are the names and addresses of all persons known to the undersigned who have any |
| interest in the land, other than the petitioner to wit: (Also give name of wife or husband of the |
| equity owner) |
| Name _______ Address ________ Nature of Interest __________ that the assessed value |
| of the land and buildings is $_________; and that the land is described as follows: |
| (Description) |
| WHEREFORE your petitioner prays that the rights of all persons entitled to redeem from |
| the proceedings may be foreclosed, that the Court enter a decree that the title of the petitioner to |
| the land under the proceedings is absolute, and that all rights of redemption are barred, and for such |
| other and further relief as may seem meet and proper to the Court. |
| Name _______________________ |
| Address ______________________ |
| On this __________ day of __________, 20 ______, personally appeared before me the |
| within named, known to me to be the signer of the foregoing petition, and made oath that the |
| statements therein contained so far as made of __________ own knowledge are true and so far as |
| made upon information and belief that __________ believe them to be true. |
| Before me |
| __________________________ |
| Notary Public |
| __________________________ |
| Attorney for Petitioner |
| Form No. 6 |
| § 44-9-27 |
| CITATION |
| STATE OF RHODE ISLAND |
| OFFICE OF THE CLERK OF THE SUPERIOR COURT |
| PETITION TO FORECLOSE RIGHT OF REDEMPTION |
| No. |
| TO ALL WHOM IT MAY CONCERN, and to ________________________ |
| Whereas, a petition has been presented to the Court by __________ of __________ in the |
| County of __________ and the State to foreclose all rights of redemption from the lien proceedings |
| described in the petition in and concerning a certain parcel of land situate in the County of |
| __________ and in the State, bounded and described in the petition as follows: |
| (Description) |
| If you desire to make any objection or defense to the petition, you or your attorney must |
| file a written appearance and an answer, under oath, setting forth clearly and specifically your |
| objections or defense to each part of the petition, in the office of the Superior Court in __________ |
| on or before the __________ day of __________ next, that you may then and there show cause, if |
| any, why the prayer of the petition should not be granted. |
| Unless your appearance is filed by or for you, your default will be recorded, the petition |
| will be taken as confessed, and you will be forever barred from contesting the petition or any decree |
| entered thereon. And in addition to the usual service of this notice as required by law, it is ordered |
| that the foregoing citation be published once each week for three (3) successive weeks in the |
| __________ a newspaper published in __________ (optional). |
| Witness, the Seal of our Superior Court at _______ this _______ day of ______, 20 ____. |
| __________________________ Clerk |
| CERTIFICATE OF SERVICE BY REGISTERED |
| OR CERTIFIED MAIL |
| I hereby certify that I have this day served the foregoing citation by causing to be mailed a |
| duly attested copy thereof of each respondent named therein whose address was furnished by the |
| petitioner or otherwise known to me, the copies being sent by _________ mail and return receipts |
| required. |
| __________________________ |
| Attorney for Petitioner |
| CERTIFICATE OF SERVICE BY PUBLICATION |
| _________________ 20 _____ |
| I hereby certify that I have caused the foregoing citation to be published once each week |
| for three (3) successive weeks in the _______ a newspaper published in ________, in the County |
| of _______, and the State, to wit: on the _______ day of _______, the _______ day of ________, |
| and the ________ day of _______, 20 ____, a copy of which publication is hereto annexed. |
| __________________________ |
| Attorney for Petitioner |
| Form No. 7 |
| § 44-9-32 |
| (To be recorded in the Registry of Deeds) |
| NOTICE OF FILING PETITION |
| STATE OF RHODE ISLAND |
| SUPERIOR COURT |
| To all whom it may concern: |
| hereby give notice that, on the _______ day _______ of _______, 20 ____ filed in the Court a |
| petition against* to foreclose the right of redemption acquired under a certain tax deed (or deeds) |
| from the Collector of Taxes for the City (or Town) of ______, in the County of ______ and the |
| State, to me dated ______, and recorded with ______ Deeds in Book _____, Page _______ the |
| deed (or deeds) covers a certain parcel of land situated in _______ in the County of ________ and |
| the State, which is described as follows: |
| (Description) |
| __________________________ |
| *Name all respondents as in petition. |
| Form No. 8 |
| § 44-9-28 |
| MOTION FOR DECREE PRO CONFESSO |
| STATE OF RHODE ISLAND |
| SUPERIOR COURT |
| No. ____________ |
| In the matter of the Petition of |
| And now comes the petitioner in the above-entitled case and moves that a general default |
| of all parties respondent, whether named in the notice or not, who have not appeared or answered, |
| be recorded, and that the application as to them be taken for confessed. |
| __________________________ |
| Attorney for Petitioner |
| Form No. 9 |
| § 44-9-30 |
| FINAL DECREE IN TAX LIEN CASE |
| STATE OF RHODE ISLAND |
| SUPERIOR COURT |
| Case No.______________ |
| vs. |
| DECREE |
| This case came on to be heard and was argued by counsel, and thereupon, upon |
| consideration thereof, it is |
| ORDERED, ADJUDGED AND DECREED that all rights of redemption are forever |
| foreclosed and barred under the deed given by the Collector of Taxes for the ______ of _____ in |
| the County of _____ and the State, dated _____ and duly recorded in Book _____, Page _____ |
| By the Court. |
| Attest: |
| __________________________ |
| Clerk |
| Dated ______________ |
| Form No. 10 |
| § 44-9-32 |
| NOTICE OF DISPOSAL IN TAX LIEN CASE |
| STATE OF RHODE ISLAND |
| SUPERIOR COURT |
| This is to certify that the petition of |
| vs. |
| to foreclose the right of redemption under certain deed _______ for nonpayment of taxes, |
| given by the Collector of Taxes for the _______ in the County of _______ and the State, dated |
| ______ and duly recorded in Book ______, Page ______ was filed in this Court on _________. |
| Thereafter due proceedings under the petition were instituted according to law, and finally |
| on _______, a decree forever foreclosing and barring all rights of redemption under the deed was |
| entered, and this notice of final disposition of the petition is directed to be recorded in the Registry |
| of Deeds for the City of _______ in _______ County, pursuant to § 44-9-32. |
| By the Court, |
| Attest: |
| __________________________ |
| Clerk |
| Dated ______________ |
| Form No. 11 |
| § 44-9-36 |
| NOTICE OF SALE -- LAND OF LOW VALUE |
| STATE OF RHODE ISLAND |
| ________________________ |
| Name of City or Town |
| OFFICE OF THE TREASURER |
| _______________, 20 _______ |
| NOTICE IS HEREBY GIVEN THAT ON ____________ the______ day of ______, 20 |
| ___ , at ______ o'clock ____ M., at ______ (Place of Sale) ____________ pursuant to the |
| provisions of §§ 44-9-36 -- 44-9-45, I SHALL OFFER FOR SALE AT PUBLIC AUCTION, |
| severally or together, certain parcels of land of low value listed below, these parcels having been |
| purchased by the City _________ Town of _________ for nonpayment of the taxes due thereon. |
| (List of Parcels) |
| __________________________ |
| Treasurer |
| of __________________________ |
| (Name of City or Town) |
| To be posted in some convenient and public place in the city or town at least fourteen (14) |
| days before the sale. |
| Form No. 12 |
| § 44-9-36 |
| NOTICE OF SALE |
| LAND OF LOW VALUE |
| STATE OF RHODE ISLAND |
| ________________________ |
| Name of City or Town |
| OFFICE OF THE TREASURER |
| _______________, 20 _______ |
| NOTICE IS HEREBY GIVEN THAT on ______, 20 ___, at _____ M., at ______ (Place |
| of Sale) ______, pursuant to the provisions of §§ 44-9-36 -- 44-9-45, I SHALL OFFER FOR SALE |
| AT PUBLIC AUCTION, severally or together, certain parcels of land of low value listed below, |
| these parcels having been purchased by the City -- Town of _______ for nonpayment of the taxes |
| due thereon. |
| (List of parcels) |
| Further notice is given that the following land in which you appear to have an interest is |
| included in the sale. |
| (Description as given in original notice of sale) |
| Amount Required for Redemption on Above Date of Sale, $________ |
| Your attention is directed to § 44-9-39 as follows: |
| "Any person having a right of redemption or any other interest in the land conveyed or |
| purporting to be conveyed under § 44-9-36 or § 44-9-38, upon whom service of the notice of sale |
| provided in § 4-9-36 44-9-36 has been made by registered or certified mail, who, prior to the sale, |
| neither redeems the land nor brings proceedings to enjoin the sale, shall, upon the recording of the |
| deed as required by § 44-9-36 or § 44-9-38, be forever barred from raising any question concerning |
| the validity of the title conveyed, and a statement contained in the treasurer's deed that service has |
| been made, naming the persons who were served by registered or certified mail, shall be prima |
| facie evidence of service." |
| _____________________________________ |
| Treasurer of City _____ Town of _____ |
| Send this notice by registered or certified mail, return receipt requested, at least fourteen |
| (14) days before the sale, to any person having a right of redemption or any other interest in any of |
| the parcels to be sold. |
| Form No. 13 |
| § 44-9-36 |
| This deed is not valid unless recorded in the proper registry of deeds within sixty (60) days |
| after the sale. |
| TREASURER'S DEED TO A PERSON -- LAND OF |
| LOW VALUE |
| STATE OF RHODE ISLAND |
| ________________________ |
| Name of city or town |
| OFFICE OF THE TREASURER |
| I, _________, Treasurer of the City - Town of _______ pursuant to the provisions of § 44- |
| 9-36, in consideration of ______/100 dollars to me paid, hereby grant to ______ of ______ the |
| parcel-parcels of land described in the tax collector's deed to which reference is made in the |
| following schedule: |
| Name of Person Assessed in the Names of Interested Persons |
| Year of the Tax for which served by registered or certified |
| the land was taken or sold. mail with notice of sale under |
| _________ Recorded § 44-9-39. |
| Location of Parcel Book Page |
| The land hereby granted was assessed for $ _____ and was offered for sale at public auction |
| on _____, 20 ___, in accordance with a notice of sale posted on _____, 20 ___, in (Specify place |
| where notice was posted) _____; and was sold to the above-named grantee (at the original time and |
| place appointed for the sale - at an adjournment of the sale on ______, 20 ___,) that grantee being |
| the highest bidder whose bid was not rejected as inadequate. |
| This deed is given with the covenant that the sale was in all particulars conducted according |
| to law. |
| In Witness, etc. |
| _____________________________________ |
| Treasurer |
| of ___________________________________ |
| Name of City or Town |
| Acknowledgment. See Form 2. |
| Form No. 14 |
| § 44-9-38 |
| This deed is not valid unless recorded in the proper registry of deeds within sixty (60) days |
| after the sale. |
| TREASURER'S DEED TO MUNICIPALITY -- LAND |
| OF LOW VALUE |
| STATE OF RHODE ISLAND |
| ________________________ |
| Name of City of Town |
| OFFICE OF THE TREASURER |
| I, ___________, Treasurer of the City - Town of __________, pursuant to the provisions |
| of §§ 44-9-36 -- 44-9-38, hereby grant to the city - town the parcel-parcels of land described in the |
| tax collector's deed to which reference is made in the following schedule: |
| Name of Person Assessed in the Names of Interested Persons |
| Year of the Tax for which served by registered or certified |
| the land was taken or sold. mail with notice of sale under |
| _________ Recorded § 44-9-39. |
| Location of Parcel Book Page |
| The land hereby granted was assessed for $ _____ and was offered for sale at public auction |
| on ______, 20 ___, in accordance with a notice of sale posted on _____, 20 ___, in (Specify place |
| where notice of sale posted) on ______, 20 ___, in (Specify place where notice was posted). |
| (Strike out Paragraph (A) or (B) as the Circumstances Require) |
| No bid |
| (A) No bid deemed adequate by me was made at the time and place appointed for the sale |
| or at any adjournment thereof, and the city - town therefore became the purchaser at an adjournment |
| of the sale on _______, 20 ___. |
| (B) The purchaser failed to pay the amount bid by him or her at ____ the original time and |
| place appointed for the sale, or ________ an adjournment of the sale on _______, 20 ___, within |
| ten (10) days thereafter, wherefore the sale became void and the city - town became the purchaser. |
| In Witness, etc. |
| _____________________________________ |
| Treasurer |
| of ___________________________________ |
| Name of City or Town |
| Acknowledgment. See Form 2. |
| Form No. 15 |
| § 44-9-40 |
| STATE OF RHODE ISLAND |
| Petition to Establish Title Acquired under § 44-9-36 or § 44-9-38. To the Honorable, the |
| Judges of the Superior Court. |
| The undersigned hereby represent that the land hereinafter described was sold on _______ |
| for the nonpayment of taxes by ________ , County of ________ . Pursuant to §§ 44-9-36 and 44- |
| 9-38, the land was conveyed to ________ by instrument dated ________ and recorded in Book |
| ________ , Page ________ , that the undersigned now hold title under an instrument from |
| ________ dated ________ , and duly recorded in Book ________ , Page _______ , that the |
| following are the names and addresses of all persons known to the undersigned who have any |
| interest in the land other than the petitioner ______________ to wit: |
| that the assessed value of the land and buildings is $_________ ; and that the land is |
| described as follows: |
| (Description) |
| Wherefore your petitioner prays that all persons having an interest in the above-described |
| premises show cause why they should not bring an action to try any claim or claims which they |
| may have adverse to your petitioner's title. And if such persons do not appear within the time fixed |
| or having appeared disobey the lawful Order of the Court to try their claim or claims, that the Court |
| enter a decree that they be forever barred from having or enforcing any claim or claims adversely |
| to the petitioner, his or her heirs or assigns, in the land described. |
| _____________________________________ |
| _____________________________________ |
| On this ________ day of ________, 20 ___, personally appeared before me the within |
| named ________, known to me to be the signers of the foregoing petition, and made oath that the |
| statements therein contained so far as made of their own knowledge are true and so far as made |
| upon information and belief that they believe them to be true. |
| Before me |
| _____________________________________ |
| Notary Public |
| SECTION 14. Section 21-28-4.01 of the General Laws as amended by P.L. 2021, ch. 100, |
| § 1 and P.L. 2021, ch. 101, § 1 in Chapter 21-28 entitled "Uniform Controlled Substances Act" is |
| hereby repealed. |
| 21-28-4.01. Prohibited acts A — Penalties. [As amended by P.L. 2021, ch. 100, § 1 and |
| P.L. 2021, ch. 101, § 1.] |
| (a)(1) Except as authorized by this chapter, it shall be unlawful for any person to |
| manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. |
| (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who |
| violates this subsection with respect to a controlled substance classified in schedule I or II, |
| except the substance classified as marijuana, is guilty of a crime and, upon conviction, may |
| be imprisoned to a term up to life or fined not more than five hundred thousand dollars |
| ($500,000) nor less than ten thousand dollars ($10,000), or both. |
| (3) Where the deliverance as prohibited in this subsection shall be the proximate cause |
| of death to the person to whom the controlled substance is delivered, it shall not be a defense |
| that the person delivering the substance was, at the time of delivery, a drug-addicted person |
| as defined in § 21-28-1.02. |
| (4) Any person, except as provided for in subsection (a)(2), who violates this |
| subsection with respect to: |
| (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than thirty (30) years, or fined not more than |
| one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or |
| both; |
| (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, |
| upon conviction, may be imprisoned for not more than twenty (20) years, or fined not more |
| than forty thousand dollars ($40,000), or both; provided, with respect to a controlled |
| substance classified in schedule III(d), upon conviction may be imprisoned for not more than |
| five (5) years, or fined not more than twenty thousand dollars ($20,000), or both. |
| (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than one year, or fined not more than ten |
| thousand dollars ($10,000), or both. |
| (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, |
| deliver, or possess with intent to deliver, a counterfeit substance. |
| (2) Any person who violates this subsection with respect to: |
| (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than thirty (30) years, or fined not more than |
| one hundred thousand dollars ($100,000), or both; |
| (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, |
| upon conviction, may be imprisoned for not more than twenty (20) years, or fined not more |
| than forty thousand dollars ($40,000), or both; provided, with respect to a controlled |
| substance classified in schedule III(d), upon conviction may be imprisoned for not more than |
| five (5) years, or fined not more than twenty thousand dollars ($20,000), or both. |
| (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than one year, or fined not more than ten |
| thousand dollars ($10,000), or both. |
| (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a |
| controlled substance, unless the substance was obtained directly from, or pursuant to, a valid |
| prescription or order of a practitioner while acting in the course of his or her professional |
| practice, or except as otherwise authorized by this chapter. |
| (2) Any person who violates this subsection with respect to: |
| (i) A controlled substance classified in schedules I, II and III, IV, and V, except |
| buprenorphine and the substance classified as marijuana, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than three (3) years, or fined not less than five |
| hundred dollars ($500) nor more than five thousand dollars ($5,000), or both; |
| (ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as |
| marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon |
| conviction, may be imprisoned for not more than one year, or fined not less than two hundred |
| dollars ($200) nor more than five hundred dollars ($500), or both. |
| (iii) Notwithstanding any public, special, or general law to the contrary, the possession |
| of one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, |
| and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute |
| a civil offense, rendering the offender liable to a civil penalty in the amount of one hundred |
| fifty dollars ($150) and forfeiture of the marijuana, but not to any other form of criminal or |
| civil punishment or disqualification. Notwithstanding any public, special, or general law to |
| the contrary, this civil penalty of one hundred fifty dollars ($150) and forfeiture of the |
| marijuana shall apply if the offense is the first (1st) or second (2nd) violation within the |
| previous eighteen (18) months. |
| (iv) Notwithstanding any public, special, or general law to the contrary, possession of |
| one ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older |
| and under the age of eighteen (18) years, and who is not exempted from penalties pursuant |
| to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to a |
| civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the |
| marijuana; provided the minor offender completes an approved, drug-awareness program |
| and community service as determined by the court. If the person seventeen (17) years of age |
| or older and under the age of eighteen (18) years fails to complete an approved, drug- |
| awareness program and community service within one year of the disposition, the penalty |
| shall be a three hundred dollar ($300) civil fine and forfeiture of the marijuana, except that |
| if no drug-awareness program or community service is available, the penalty shall be a fine |
| of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or legal |
| guardian of any offender seventeen (17) years of age or older and under the age of eighteen |
| (18) shall be notified of the offense and the availability of a drug-awareness and community- |
| service program. The drug-awareness program must be approved by the court, but shall, at |
| a minimum, provide four (4) hours of instruction or group discussion and ten (10) hours of |
| community service. Notwithstanding any other public, special, or general law to the contrary, |
| this civil penalty shall apply if the offense is the first or second violation within the previous |
| eighteen (18) months. |
| (v) Notwithstanding any public, special, or general law to the contrary, a person not |
| exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce |
| (1 oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be |
| imprisoned for not more than thirty (30) days, or fined not less than two hundred dollars |
| ($200) nor more than five hundred dollars ($500), or both, if that person has been previously |
| adjudicated on a violation for possession of less than one ounce (1 oz.) of marijuana under |
| (c)(2)(iii) or (c)(2)(iv) two (2) times in the eighteen (18) months prior to the third (3rd) offense. |
| (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three |
| hundred dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall |
| double again to six hundred dollars ($600) if it has not been paid within ninety (90) days. |
| (vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this |
| subsection except as provided in this subparagraph. Any person in possession of an |
| identification card, license, or other form of identification issued by the state or any state, |
| city, or town, or any college or university, who fails to produce the same upon request of a |
| police officer who informs the person that he or she has been found in possession of what |
| appears to the officer to be one ounce (1 oz.) or less of marijuana, or any person without any |
| such forms of identification who fails or refuses to truthfully provide his or her name, address, |
| and date of birth to a police officer who has informed such person that the officer intends to |
| provide such individual with a citation for possession of one ounce (1 oz.) or less of marijuana, |
| may be arrested. |
| (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a |
| violation of parole or probation. |
| (ix) Any records collected by any state agency, tribunal, or the family court that |
| include personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not |
| be open to public inspection in accordance with § 8-8.2-21. |
| (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive |
| jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued |
| under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent |
| (50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued |
| pursuant to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment |
| programs for youth. |
| (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) |
| or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who |
| is not sentenced to a term of imprisonment to serve for the offense, shall be required to: |
| (i) Perform up to one hundred (100) hours of community service; |
| (ii) Attend and complete a drug-counseling and education program, as prescribed, by |
| the director of the department of behavioral healthcare, developmental disabilities and |
| hospitals and pay the sum of four hundred dollars ($400) to help defray the costs of this |
| program which shall be deposited as general revenues. Failure to attend may result, after |
| hearing by the court, in jail sentence up to one year; |
| (iii) The court shall not suspend any part or all of the imposition of the fee required |
| by this subsection, unless the court finds an inability to pay; |
| (iv) If the offense involves the use of any automobile to transport the substance or the |
| substance is found within an automobile, then a person convicted or who pleads nolo |
| contendere under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six |
| (6) months for a first offense and one year for each offense after. |
| (5) All fees assessed and collected pursuant to (c)(3)(ii) shall be deposited as general |
| revenues and shall be collected from the person convicted or who pleads nolo contendere |
| before any other fines authorized by this chapter. |
| (d) It shall be unlawful for any person to manufacture, distribute, or possess with |
| intent to manufacture or distribute, an imitation controlled substance. Any person who |
| violates this subsection is guilty of a crime and, upon conviction, shall be subject to the same |
| term of imprisonment and/or fine as provided by this chapter for the manufacture or |
| distribution of the controlled substance that the particular imitation controlled substance |
| forming the basis of the prosecution was designed to resemble and/or represented to be; but |
| in no case shall the imprisonment be for more than five (5) years nor the fine for more than |
| twenty thousand dollars ($20,000). |
| (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell |
| an anabolic steroid or human growth hormone for: (1) Enhancing performance in an |
| exercise, sport, or game, or (2) Hormonal manipulation intended to increase muscle mass, |
| strength, or weight without a medical necessity. Any person who violates this subsection is |
| guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than six (6) |
| months or a fine of not more than one thousand dollars ($1,000), or both. |
| (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, |
| distribute, or possess with intent to manufacture or distribute, any extract, compound, salt |
| derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the |
| person is exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the |
| contrary, any person who violates this section is guilty of a misdemeanor and, upon |
| conviction, may be imprisoned for not more than one year, or fined not more than one |
| thousand dollars ($1,000), or both. The provisions of this section shall not apply to licensed |
| physicians, pharmacists, and accredited hospitals and teaching facilities engaged in the |
| research or study of salvia divinorum or datura stramonium and shall not apply to any person |
| participating in clinical trials involving the use of salvia divinorum or datura stramonium. |
| ARTICLE III -- EFFECTIVE DATE |
| SECTION 1. Sections 1 through 27 of Article I of this act shall take effect on December |
| 31, 2023. Sections 1 through 14 of Article II of this act shall take effect upon passage. |
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| LC002603 |
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