law24403

Chapter 403

2024 -- H 8325 SUBSTITUTE A
Enacted 06/26/2024

A N A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

Introduced By: Representatives Blazejewski, and Chippendale

Date Introduced: May 30, 2024

It is enacted by the General Assembly as follows:

ARTICLE I -- STATUTORY REENACTMENT

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

Chapters 49 to the end of Title 42 of the General Laws of Rhode Island, including every chapter

and section 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. Section 42-61-14 of the General Laws in Chapter 42-61 entitled "State

Lottery" is hereby amended to read as follows:

42-61-14. Payment of prizes to minors and persons under legal disabilities.

(a) If the person entitled to a prize or any winning ticket is under the age of eighteen (18)

years, the director shall direct payment to the minor by depositing the amount of the prize in any

financial institution to the credit of a member of the minor’s family or legal guardian of the minor

as custodian for that minor. The person named as custodian shall have the same duties and powers

as a person designated as a custodian in a manner prescribed by the “Rhode Island Uniform Gifts

to Minors Act” “Rhode Island Uniform Transfers to Minors Act”.

(b) If a person entitled to a prize or any winning ticket is under any other legal disability,

the director shall direct payment to a fiduciary responsible for that person pursuant to the laws of

this state.

or person under a legal disability pursuant to this section.

SECTION 3. Section 42-63.1-3 of the General Laws in Chapter 42-63.1 entitled "Tourism

and Development" is hereby amended to read as follows:

42-63.1-3. Distribution of tax.

(a) For returns and tax payments received on or before December 31, 2015, except as

provided in § 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax

collected from residential units offered for tourist or transient use through a hosting platform, shall

be distributed as follows by the division of taxation and the city of Newport:

(1) Forty-seven percent (47%) of the tax generated by the hotels in the district, except as

otherwise provided in this chapter, shall be given to the regional tourism district wherein the hotel

is located; provided, however, that from the tax generated by the hotels in the city of Warwick,

thirty-one percent (31%) of the tax shall be given to the Warwick regional tourism district

established in § 42-63.1-5(a)(5) and sixteen percent (16%) of the tax shall be given to the Greater

Providence-Warwick Convention and Visitors’ Bureau established in § 42-63.1-11; and provided

further, that from the tax generated by the hotels in the city of Providence, sixteen percent (16%)

of that tax shall be given to the Greater Providence-Warwick Convention and Visitors’ Bureau

established by § 42-63.1-11, and thirty-one percent (31%) of that tax shall be given to the

Convention Authority of the city of Providence established pursuant to the provisions of chapter

84 of the public laws of January, 1980; provided, however, that the receipts attributable to the

district as defined in § 42-63.1-5(a)(7) shall be deposited as general revenues, and that the receipts

attributable to the district as defined in § 42-63.1-5(a)(8) shall be given to the Rhode Island

commerce corporation as established in chapter 64 of this title.

(2) Twenty-five percent (25%) of the hotel tax shall be given to the city or town where the

hotel that generated the tax is physically located, to be used for whatever purpose the city or town

decides.

(3) Twenty-one (21%) of the hotel tax shall be given to the Rhode Island commerce

corporation established in chapter 64 of this title, and seven percent (7%) to the Greater Providence-

Warwick Convention and Visitors’ Bureau.

(b) For returns and tax payments received after December 31, 2015, except as provided in

§ 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from

residential units offered for tourist or transient use through a hosting platform, shall be distributed

as follows by the division of taxation and the city of Newport:

(1) For the tax generated by the hotels in the Aquidneck Island district, as defined in § 42-

63.1-5, forty-two percent (42%) of the tax shall be given to the Aquidneck Island district, twenty-

five (25%) of the tax shall be given to the city or town where the hotel that generated the tax is

physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight percent (28%) of

the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this

title.

(2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-5,

twenty eight percent (28%) of the tax shall be given to the Providence district, twenty-five percent

(25%) of the tax shall be given to the city or town where the hotel that generated the tax is physically

located, twenty-three (23%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four (24%) of the tax shall

be given to the Rhode Island commerce corporation established in chapter 64 of this title.

(3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,

twenty-eight percent (28%) of the tax shall be given to the Warwick District, twenty-five percent

(25%) of the tax shall be given to the city or town where the hotel that generated the tax is physically

located, twenty-three percent (23%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four (24%) of the tax shall

be given to the Rhode Island commerce corporation established in chapter 64 of this title.

(4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5,

twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated

the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-

Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy percent (70%)

of the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this

title.

(5) With respect to the tax generated by hotels in districts other than those set forth in

subsections (b)(1) through (b)(4) of this section, forty-two percent (42%) of the tax shall be given

to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five

percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is

physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight (28%) of the tax

shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.

collected from residential units offered for tourist or transient use through a hosting platform shall

be distributed as follows by the division of taxation and the city of Newport: twenty-five percent

(25%) of the tax shall be given to the city or town where the residential unit that generated the tax

is physically located, and seventy-five percent (75%) of the tax shall be given to the Rhode Island

commerce corporation established in chapter 64 of this title.

(d) The Rhode Island commerce corporation shall be required in each fiscal year to spend

on the promotion and marketing of Rhode Island as a destination for tourists or businesses an

amount of money of no less than the total proceeds of the hotel tax it receives pursuant to this

chapter for the fiscal year.

(e) Notwithstanding the foregoing provisions of this section, for returns and tax payments

received on or after July 1, 2016, and on or before June 30, 2017, except as provided in § 42-63.1-

12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from residential

units offered for tourist or transient use through a hosting platform, shall be distributed in

accordance with the distribution percentages established in subsections (a)(1) through (a)(3) of this

section by the division of taxation and the city of Newport.

(f) For returns and tax payments received on or after July 1, 2018, except as provided in §

42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from

residential units offered for tourist or transient use through a hosting platform, shall be distributed

as follows by the division of taxation and the city of Newport:

(1) For the tax generated by the hotels in the Aquidneck Island district, as defined in § 42-

63.1-5, forty-five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty-

five (25%) of the tax shall be given to the city or town where the hotel that generated the tax is

physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent (25%) of the

tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.

(2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-5,

thirty percent (30%) of the tax shall be given to the Providence district, twenty-five percent (25%)

of the tax shall be given to the city or town where the hotel that generated the tax is physically

located, twenty-four (24%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one (21%) of the tax shall

be given to the Rhode Island commerce corporation established in chapter 64 of this title.

(3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,

thirty percent (30%) of the tax shall be given to the Warwick District, twenty-five percent (25%)

of the tax shall be given to the city or town where the hotel that generated the tax is physically

located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one (21%) of the tax shall

be given to the Rhode Island commerce corporation established in chapter 64 of this title.

(4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5,

twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated

the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-

Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy percent (70%)

of the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this

title.

(5) With respect to the tax generated by hotels in districts other than those set forth in

subsections (b)(1) (f)(1) through (b)(4) (f)(4) of this section, forty-five percent (45%) of the tax

shall be given to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located,

twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated

the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-

Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five (25%) of

the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this

title.

(g) For returns and tax payments received on or after July 1, 2019, except as provided in §

42-63.1-12, the proceeds of the hotel tax, including the portion of the hotel tax collected from

residential units offered for tourist or transient use through a hosting platform, shall be distributed

as follows by the division of taxation and the city of Newport:

(1) For the tax generated in the Aquidneck Island district, as defined in § 42-63.1-5, forty-

five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty-five percent

(25%) of the tax shall be given to the city or town where the hotel or residential unit that generated

the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-

Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent

(25%) of the tax shall be given to the Rhode Island commerce corporation established in chapter

64 of this title.

(2) For the tax generated in the Providence district as defined in § 42-63.1-5, thirty percent

(30%) of the tax shall be given to the Providence district, twenty-five percent (25%) of the tax shall

be given to the city or town where the hotel or residential unit that generated the tax is physically

located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the

tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.

(3) For the tax generated in the Warwick district as defined in § 42-63.1-5, thirty percent

(30%) of the tax shall be given to the Warwick District, twenty-five percent (25%) of the tax shall

be given to the city or town where the hotel or residential unit that generated the tax is physically

located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the

tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.

(4) For the tax generated in the Statewide district, as defined in § 42-63.1-5, twenty-five

percent (25%) of the tax shall be given to the city or town where the hotel or residential unit that

generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater

Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy

percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in

chapter 64 of this title.

(5) With respect to the tax generated in districts other than those set forth in subsections

(g)(1) through (g)(4) of this section, forty-five percent (45%) of the tax shall be given to the regional

tourism district, as defined in § 42-63.1-5, wherein the hotel or residential unit is located, twenty-

five percent (25%) of the tax shall be given to the city or town where the hotel or residential unit

that generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater

Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five

percent (25%) of the tax shall be given to the Rhode Island commerce corporation established in

chapter 64 of this title.

SECTION 4. Section 42-63.1-14 of the General Laws in Chapter 42-63.1 entitled "Tourism

and Development" is hereby amended to read as follows:

42-63.1-14. Offering residential units through a hosting platform.

(a) For any rental property offered for tourist or transient use on a hosting platform that

collects and remits applicable sales and hotel taxes in compliance with §§ 44-18-7.3(b)(4)(i), 44-

18-18, and 44-18-36.1, cities, towns, or municipalities shall not prohibit the owner from offering

the unit for tourist or transient use through such hosting platform, or prohibit such hosting platform

from providing a person or entity the means to rent, pay for, or otherwise reserve a residential unit

for tourist or transient use. A hosting platform shall comply with the requirement imposed upon

room resellers in §§ 44-18-7.3(b)(4)(i) and 44-18-36.1 in order for the prohibition of this section to

apply. The division of taxation shall at the request of a city, town, or municipality confirm whether

a hosting platform is registered in compliance with § 44-18-7.3(b)(4)(i).

(b) Any short-term rental property listed for rent on the website of any third-party hosting

platform that conducts business in Rhode Island shall be registered with the department of business

regulation. The registration shall provide the information necessary to identify the property

pursuant to subsection (d) of this section. For purposes of this section, the term “short-term rental”

means a person, firm, or corporation’s utilization, for transient lodging accommodations, not to

exceed thirty (30) nights at a time.

property in Rhode Island on their website for rent and that submit hotel taxes to the division of

taxation and shall provide notice of the registration requirement, pursuant to this section, instructing

the hosting platforms to notify their listed properties to register with the department of business

regulation by December 31, 2021, or be subject to fines pursuant to § 42-63.1-14.1 subsection (i)

of this section.

(d) The state registration pursuant to this section shall include:

(1) The principal place of business of the owner, or if outside the state, the agent for service

of process or property manager for the owner;

(2) The phone number of the owner of the property and/or property manager;

(3) The email address of the property owner and/or property manager;

(4) The address of the rental property;

(5) The number of rooms for rent at the property;

(6) Whether the registrant rents or owns; and

(7) Intended use (entire space, private room, or shared space).

(e) The assigned registration number shall consist of numeric and alpha characters, the

alpha characters shall correspond to the city/town where the property is located and shall be uniform

for the remaining properties in said city/town.

(f) The department of business regulation shall notify all hosting platforms to contact all

listed properties by December 31, 2021, to ensure compliance with this section and if the listed

properties are not duly registered after six (6) months, the hosting platform shall remove the

property listing from its website.

(g) The department of business regulation shall promulgate rules and regulations to

correspond with and enforce this section and § 42-63.1-14.1 and may charge a registration fee to

property owners registering with the department pursuant to this section.

(h) The department of business regulation shall create an online database to store all

registered short-term rental units, and each unit shall have an online identification number in said

database to correspond with subsection (e) of this section.

(i) Any owner of the property who or that fails to register with the department of business

regulation as prescribed herein and lists the property as a short-term rental on a hosting platform

website shall be subject to a civil fine as follows:

(1) Two hundred fifty dollars ($250) for the first thirty (30) days of non-compliance;

(2) Five hundred dollars ($500) for between thirty-one (31) and sixty (60) days of non-

compliance; and

(3) One thousand dollars ($1,000) for more than sixty (60) days of non-compliance.

SECTION 5. Section 42-64.10-4 of the General Laws in Chapter 42-64.10 entitled

"Quonset Development Corporation" is hereby amended to read as follows:

42-64.10-4. Definitions.

(a) As used in this chapter, words and terms, shall have the meaning set forth in § 42-64-4

42-64-3 unless this chapter provides a different meaning or unless the context indicates a different

meaning or intent.

(b) Within this chapter, the following words and terms shall have the following meanings

unless the context indicates a different meaning or intent:

(1) “Board” means the board of directors of the corporation.

(2) “Chairperson” means the chairperson of the board of directors of the corporation.

(3) “Corporation” means the Quonset Development Corporation.

(4) “Quonset Business Park” means former Navy lands in the town of North Kingstown,

and lands related thereto, and personal property thereon, which are or have been owned, leased,

managed and/or under the control of the economic development corporation.

SECTION 6. Section 42-64.10-7 of the General Laws in Chapter 42-64.10 entitled

"Quonset Development Corporation" is hereby amended to read as follows:

42-64.10-7. Directors, officers and employees.

(a) Directors.

(1) The powers of the corporation shall be vested in a board of directors consisting of eleven

(11) members. The membership of the board shall consist of the executive director of the Rhode

Island economic development corporation as chairperson, (who shall vote only in the event of a

tie), six (6) members appointed by the governor, with the advice and consent of the senate, two (2)

members appointed by the town council of the town of North Kingstown, one member appointed

by the town council of the town of Jamestown, and one member appointed by the town council of

the town of East Greenwich. The initial members of the board shall be divided into three (3) classes

and shall serve initial terms on the board of directors as follows: two (2) of the directors appointed

by the governor; and one of the directors appointed by the town council of the town of North

Kingstown shall be appointed for an initial term of one year; two (2) of the directors appointed by

the governor, one director appointed by the town council of the town of North Kingstown and the

director appointed by the town of East Greenwich shall be appointed for an initial term of two (2)

years; and two (2) of the directors appointed by the governor and one director appointed by the

town of Jamestown shall be appointed for an initial term of three (3) years. Upon expiration of each

initial term and upon the expiration of each term thereafter, a successor shall be appointed by the

same authority that made the initial appointment, and in the case of appointments by the governor

with the advice and consent of the senate, to serve for a term of three (3) years so that members of

the board of directors shall serve for staggered terms of three (3) years each. A vacancy on the

board, other than by expiration, shall be filled in the same manner as an original appointment, but

only for the unexpired portion of the term. If a vacancy occurs with respect to one of the directors

appointed by the governor when the senate is not in session, the governor shall appoint a person to

fill the vacancy, but only until the senate shall next convene and give its advice and consent to a

new appointment. A member shall be eligible to succeed himself or herself. Appointed directors

shall not serve more than two (2) successive three (3) year terms but may be reappointed after not

being a director for a period of at least twelve (12) months. Each appointed director shall hold office

for the term for which the director is appointed and until the director’s successor shall have been

appointed and qualified, or until the director’s earlier death, resignation or removal. Except for

members of the town council of the town of North Kingstown, who may serve as members of the

board of directors, no director shall be an elected official of any governmental entity.

(2) The directors shall receive no compensation for the performance of their duties under

this chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in

carrying out those duties. A director may engage in private employment, or in a profession or

business.

(3) Meetings. An annual meeting of the directors shall be held during the month of October

of each year for the purposes of electing and appointing officers and reviewing and considering for

approval the budget of the corporation. Regular meetings of the directors shall be held at least once

in each calendar quarter, at the call of the chairperson or secretary, or in accordance with an annual

schedule of meetings adopted by the board. Special meetings may be called for any purposes by

the chairperson or the secretary and as provided for in the bylaws of the corporation.

(4) A majority of the directors then in office, but not less than five (5) directors, shall

constitute a quorum, and any action to be taken by the corporation under the provisions of this

chapter, may be authorized by resolution approved by a majority of the directors present and

entitled to a vote at any regular or special meeting at which a quorum is present. A vacancy in the

membership of the board of directors shall not impair the right of a quorum to exercise all of the

rights and perform all of the duties of the corporation.

(5) Any action taken by the corporation under the provisions of this chapter may be

authorized by a vote at any regular or special meeting, and each vote shall take effect immediately.

(6) The board of directors shall establish an audit committee and a governance committee,

which shall advise: (i) the board with the respect to the best practices of governance; and (ii) the

board, members of the board, and officers with respect to conflicts of interest, corporate ethics and

responsibilities, and the maintenance of the public trust; the members of the audit committee and

the governance committee shall be appointed by the chairperson with the advice of the board of

directors. In addition to the audit and the governance committee, the board may establish bylaw or

with the approval of the chairperson such other committees as it deems appropriate.

(7) The board shall prescribe the application of the cash flow of the corporation, in the

following order of priority:

(i) To debt service, including without limitation, sinking funds established in connection

with any financing;

(ii) To operating expenses;

(iii) To capital expenses;

(iv) To reserve funds as may be established by the board, from time to time; and

(v) To the economic development corporation for application to statewide economic

development.

(8) The board shall establish by bylaw limits on the expenditure of corporation funds

without approval of the board.

(9) The approval of the board shall be required for any recommendation to the economic

development corporation board of directors for the issuance of bonds or notes or borrowing money

on behalf of the corporation or for the exercise of eminent domain on behalf of the corporation.

(b) Officers. The officers of the corporation shall include a chairperson, a managing

director who shall be the chief executive officer of the corporation, a vice-chairperson, a secretary,

and a finance director, as herein provided, and such other officers as the board may from time to

time establish.

(1) Chairperson. The executive director of the economic development corporation shall be

the chairperson of the board and shall appoint the managing director with the concurrence of the

board, appoint committee members, approve the corporation’s annual operating and capital budget,

approve land sale prices, lease rents, and economic development incentives, and approve numbers

and types of employees and staff of the corporation, and preside at meetings of the board.

(2) Managing director. The chief executive officer of the corporation shall be managing

director of the corporation, who shall be appointed by the chairperson with the concurrence of the

board. The managing director of the corporation shall be entitled to receive for his or her services

any reasonable compensation as the board of directors may determine. The board of directors may

vest in the managing director the authority to appoint staff members and to determine the amount

of compensation each individual shall receive.

(3) Vice-chairperson. The board of directors shall from among its members elect a vice-

chairperson who shall preside at meetings in the absence of the chairperson and have such other

duties and powers as the directors may from time to time prescribe.

(4) Other officers. The board shall appoint a secretary, a director of finance, the duties of

whom shall be prescribed in the bylaws of the corporation, and such additional officers and staff

members as they shall deem appropriate and shall determine the amount of reasonable

compensation, if any, each shall receive.

(5) With the exception of the chairperson, any number of offices may be held by the same

person, unless the bylaws provide otherwise.

(1) The corporation may have such numbers and types of employees as the board, with the

approval of the chairperson, shall determine upon the recommendation of the managing director.

The board, upon the recommendation of the managing director, may authorize entering into

agreements with the economic development corporation for any duties or functions to be performed

by employees, staff, or agents of the corporation.

(2) No full-time employee of the corporation shall, during the period of his or her

employment by the corporation, engage in any other private employment, profession or business,

except with the approval of the board of directors.

(3) Employees of the corporation shall not, by reason of their employment, be deemed to

be employees of the state for any purpose, any other provision of the general laws to the contrary

notwithstanding, including, without limiting, the generality of the foregoing, chapters 29, 39, and

42 of title 28 and chapters 4, 8, 9, and 10 of title 36.

SECTION 7. Section 42-64.13-8 of the General Laws in Chapter 42-64.13 entitled "Rhode

Island Regulatory Reform Act" is hereby amended to read as follows:

42-64.13-8. Regulatory analysis responsibilities.

The office of regulatory reform shall have the following regulatory analysis and reporting

responsibilities:

(1) The office of regulatory reform shall, upon the conclusion of each fiscal year, prepare

and publish a report on the regulatory processes of state and municipal agencies and permitting

authorities through a review and an analysis of proposed and existing rules and regulations to: (i)

Encourage agencies to eliminate, consolidate, simplify, expedite, or otherwise improve permits,

permitting procedures, and paperwork burdens affecting businesses, municipal government

undertakings, industries, and other matters of economic development impact in the state; (ii)

Analyze the impact of proposed and existing rules and regulations on matters such as public health,

safety and welfare, including job creation, and make recommendations for simplifying regulations

and regulatory processes of state and municipal agencies and permitting authorities; (iii) Propose

to any state or municipal agency consideration for amendment or repeal of any existing rules or

procedures that may be obsolete, harmful to the economy or job growth in the state, or excessively

burdensome with respect to any state or federal statutes or regulations; and (iv) Assist and

coordinate with all agencies during the periodic review of rules required by § 42-35-3.4 of the

administrative procedures act.

(2) The ombudsman of the department of business regulation shall implement the

provisions of § 42-35.1-1 chapter 35.1 of this title 42, entitled small business regulatory fairness

and in administrative procedures, and shall be the small business regulatory enforcement office

officer pursuant to § 42-35.1-5.

SECTION 8. Section 42-64.14-13 of the General Laws in Chapter 42-64.14 entitled "The

I-195 Redevelopment Act of 2011" is hereby amended to read as follows:

42-64.14-13. Planning, permitting, appeals and development.

(a) The commission shall exercise its powers in a manner consistent with development

plans approved for the I-195 redevelopment district by the commission. Such plans may be

prepared without limitation by the commission in order to achieve the purposes of this chapter.

Development in the district, whether by the commission or otherwise shall be subject to the plans

prepared by the commission and the commission plans shall be consistent with the city of

Providence comprehensive plan adopted by the city pursuant to 45-22-2.1 § 45-22.2-1 et seq. and

the city of Providence zoning ordinances pursuant to § 45-24-27 et seq. as previously enacted by

the city of Providence, and as may be enacted be enacted and/or amended from time to time through

July 1, 2012, or enacted thereafter with the consent of the commission. Approved plans for the I-

195 redevelopment district may be considered, in whole or part as appropriate, for adoption as an

element of the state guide plan by the state planning council, but shall not be subject to the state

guide plan or any other approval provisions related thereto.

(b) The commission shall serve as the sole permitting authority for all development within

the district, as defined in § 37-5-7 37-5-8, pursuant to the powers granted to the commission by §§

42-64.14-7 and 42-64.14-8 of this chapter. The state fire marshal and the state building code

commissioner shall issue any necessary permits related to fire safety and building code compliance

respectively. The commission shall seek the cooperation of the state building code commissioner

and the state fire marshal to expedite all necessary permits and approvals for development within

the district.

review process, which may include the implementation of phased and/or fast-track development,

which is defined as the initiation of development prior to final issuance of all permits and approvals

and/or the completion of final project design and construction plans.

(d) The commission shall create for the redevelopment of its properties and parcels sold by

its design guidelines in consultation with the state historic preservation officer.

(e) All appeals timely filed pursuant to chapter 42-35 of the general laws 35 of this title

42 entitled the Administrative Procedures Act with the Rhode Island superior court relative to

permits and approvals shall be accelerated and given priority and advanced on the calendar of the

Rhode Island superior court.

(f) Under no circumstances shall the commission establish, authorize, zone, plan, or permit

in the district a so-called “casino” or any form of gambling, including but not limited to those

activities governed by title 41 of the Rhode Island general laws, so-called “video-gambling” or any

lotteries whatsoever except for the sale of lottery tickets pursuant to title 42, section 61 of the

general laws chapter 61 of this title 42. Furthermore, upon conveyance, but in any event before

approving any project, development, or redevelopment, the commission shall ensure that a deed

restriction, running to the benefit of the city of Providence and the state, is recorded against the

subject property effectuating and memorializing such restriction. The aforementioned restriction

shall run with the land and be binding upon all successors and assign assigns. Any deed restriction

conveyed to the state pursuant to this subsection may be waived only by statute, resolution or other

action by the general assembly which complies with the constitutional requirements for the

expansion of gambling.

SECTION 9. Sections 42-64.19-3 and 42-64.19-7 of the General Laws in Chapter 42-64.19

entitled "Executive Office of Commerce" are hereby amended to read as follows:

42-64.19-3. Executive office of commerce. [Effective January 1, 2024.]

(a) There is hereby established within the executive branch of state government an

executive office of commerce effective February 1, 2015, to serve as the principal agency of the

executive branch of state government for managing the promotion of commerce and the economy

within the state and shall have the following powers and duties in accordance with the following

schedule:

(1) On or about February 1, 2015, to operate functions from the department of business

regulation;

(2) On or about April 1, 2015, to operate various divisions and functions from the

department of administration;

(3) On or before September 1, 2015, to provide to the Senate and the House of

Representatives a comprehensive study and review of the roles, functions, and programs of the

department of administration and the department of labor and training to devise recommendations

and a business plan for the integration of these entities with the office of the secretary of commerce.

The governor may include such recommendations in the Fiscal Year 2017 budget proposal; and

(4) On or before July 1, 2021, to provide for the hiring of a deputy secretary of commerce

and housing who shall report directly to the secretary of commerce. On July 1, 2022, the deputy

secretary of commerce and housing shall succeed to the position of secretary of housing, and the

position of deputy secretary of commerce and housing shall cease to exist under this chapter. All

references in the general laws to the deputy secretary of commerce and housing shall be construed

to mean the secretary of housing. The secretary of housing shall be appointed by and report directly

to the governor and shall assume all powers, duties, and responsibilities formerly held by the deputy

secretary of commerce and housing. Until the formation of the new department of housing pursuant

to chapter 64.34 of this title, the secretary of housing shall reside within the executive office of

commerce for administrative purposes only. The secretary of housing shall:

(i) Prior to hiring, have completed and earned a minimum of a master’s graduate degree in

the field of urban planning, economics, or a related field of study or possess a juris doctor law

degree. Preference shall be provided to candidates having earned an advanced degree consisting of

an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have

documented five (5) years’ full-time experience employed in the administration of housing policy

and/or development;

(ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and

developing a housing plan, including, but not limited to, the development of affordable housing

opportunities to assist in building strong community efforts and revitalizing neighborhoods;

(iii) Coordinate with all agencies directly related to any housing initiatives and participate

in the promulgation of any regulation having an impact on housing including, but not limited to,

the Rhode Island housing and mortgage finance corporation, the coastal resources management

council (CRMC), and state departments including, but not limited to: the department of

environmental management (DEM), the department of business regulation (DBR), the department

of transportation (DOT) and statewide planning, and the Rhode Island housing resources

commission;

(iv) Coordinate with the housing resources commission to formulate an integrated housing

report to include findings and recommendations to the governor, speaker of the house, senate

president, each chamber’s finance committee, and any committee whose purview is reasonably

related to, including, but not limited to, issues of housing, municipal government, and health on or

before December 31, 2021, and annually thereafter which report shall include, but not be limited

to, the following:

(A) The total number of housing units in the state with per community counts, including

the number of Americans with Disabilities Act compliant special needs units;

(B) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A);

the prior three (3) years in figures and as a percentage;

(D) The number of net new units in development and number of units completed since the

prior report;

(E) For each municipality the number of single-family, two-family (2), and three-family

(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful

description of current conditions, including a statewide sum of each unit type;

(F) The total number of units by income type;

(G) A projection of the number of status quo units;

(H) A projection of the number of units required to meet housing formation trends;

(I) A comparison of regional and other similarly situated state funding sources that support

housing development including a percentage of private, federal, and public support;

(J) A reporting of unit types by number of bedrooms for rental properties including an

accounting of all:

(I) Single-family units;

(II) Accessory dwelling units;

(III) Two-family (2) units;

(IV) Three-family (3) units;

(V) Multi-unit sufficiently delineated units;

(VI) Mixed use sufficiently delineated units; and

(VII) Occupancy and vacancy rates for the prior three (3) years;

(K) A reporting of unit types by ownership including an accounting of all:

(I) Single-family units;

(II) Accessory dwelling units;

(III) Two-family (2) units;

(IV) Three-family (3) units;

(V) Multi-unit sufficiently delineated units;

(VI) Mixed use sufficiently delineated units; and

(VII) Occupancy and vacancy rates for the prior three (3) years;

(L) A reporting of the number of applications submitted or filed for each community

according to unit type and an accounting of action taken with respect to each application to include,

approved, denied, appealed, approved upon appeal, and if approved, the justification for each

approval;

(M) A reporting of permits for each community according to affordability level that were

sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for

each approval;

(N) A reporting of affordability by municipality that shall include the following:

(I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair-

market rate, and above-market-rate units; including the average and median costs of those units;

(II) The percent and number of units of extremely low-, very low-, low-, and moderate-

income housing units required to satisfy the ten percent (10%) requirement pursuant to chapter 24

of title 45; including the average and median costs of those units;

(III) The percent and number of units for the affordability levels above moderate-income

housing, including a comparison to fair-market rent and fair-market homeownership; including the

average and median costs of those units;

(IV) The percentage of cost burden by municipality with population equivalent;

(V) The percentage and number of home financing sources, including all private, federal,

state, or other public support; and

(VI) The cost growth for each of the previous five (5) years by unit type at each

affordability level, by unit type;

(O) A reporting of municipal healthy housing stock by unit type and number of bedrooms

and providing an assessment of the state’s existing housing stock and enumerating any risks to the

public health from that housing stock, including, but not limited to: the presence of lead, mold, safe

drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable

health detriment. Additionally, the report shall provide the percentage of the prevalence of health

risks by age of the stock for each community by unit type and number of bedrooms; and

(P) A recommendation shall be included with the report required under this section that

shall provide consideration to any and all populations, ethnicities, income levels, and other relevant

demographic criteria determined by the secretary, and with regard to any and all of the criteria

enumerated elsewhere in the report separately or in combination, provide recommendations to

resolve any issues that provide an impediment to the development of housing, including specific

data and evidence in support of the recommendation. All data and methodologies used to present

evidence are subject to review and approval of the chief of revenue analysis, and that approval shall

include an attestation of approval by the chief to be included in the report;

(v) Have direct oversight over the office of housing and community development (OHCD)

and shall be responsible for coordinating with the secretary of commerce a shared staffing

arrangement until June 30, 2023, to carry out the provisions of this chapter;

(vi) On or before November 1, 2022, develop a housing organizational plan to be provided

to the general assembly that includes a review, analysis, and assessment of functions related to

housing of all state departments, quasi-public agencies, boards, and commissions. Provided,

further, the secretary, with the input from each department, agency, board, and commission, shall

include in the plan comprehensive options, including the advantages and disadvantages of each

option and recommendations relating to the functions and structure of the new department of

housing;

(vii) Establish rules and regulations as set forth in § 45-24-77.

(b) In this capacity, the office shall:

(1) Lead or assist state departments and coordinate business permitting processes in order

to:

(i) Improve the economy, efficiency, coordination, and quality of the business climate in

the state;

(ii) Design strategies and implement best practices that foster economic development and

growth of the state’s economy;

(iii) Maximize and leverage funds from all available public and private sources, including

federal financial participation, grants, and awards;

(iv) Increase public confidence by conducting customer centric operations whereby

commercial enterprises are supported and provided programs and services that will grow and

nurture the Rhode Island economy; and

(v) Be the state’s lead agency for economic development.

(2) [Deleted by P.L. 2022, ch. 388, § 1 and P.L. 2022, ch. 442, § 1.]

functions that promote, enhance, or regulate various service and functions in order to

promote the reform and improvement of the regulatory function of the state.

42-64.19-7. Departments/divisions assigned to the executive office — Powers and

duties.

(a) The departments and/or divisions assigned to the secretary shall:

(1) Exercise their respective powers and duties in accordance with their statutory authority

and the general policy established by the governor or by the secretary acting on behalf of the

governor or in accordance with the powers and authorities conferred upon the secretary by this

chapter;

(2) Provide such assistance or resources as may be requested or required by the governor

and/or the secretary; and

(3) Provide such records and information as may be requested or required by the governor

and/or the secretary to the extent allowed under the provisions of any applicable general or public

law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records

or information.

(4) Forward to the secretary copies of all reports to the governor.

(b) Except as provided herein, no provision of this chapter or application thereof shall be

construed to limit or otherwise restrict the departments, offices, or divisions assigned to the

secretary from fulfilling any statutory requirement or complying with any valid rule or regulation.

the officers, employees, agencies, advisory councils, committees, commissions, and task forces of

the departments who were performing such functions shall be transferred to the office.

(d) In the transference of such functions, the secretary shall be responsible for ensuring:

(1) Minimal disruption of services to consumers;

(2) Elimination of duplication of functions and operations;

(3) Services are coordinated and functions are consolidated where appropriate;

(4) Clear lines of authority are delineated and followed;

(5) Cost savings are achieved whenever feasible;

(6) Program application and eligibility determination processes are coordinated and, where

feasible, integrated; and

(7) State and federal funds available to the office and the entities therein are allocated and

utilized for service delivery to the fullest extent possible.

(e) Except as provided herein, no provision of this chapter or application thereof shall be

construed to limit or otherwise restrict the departments under this section from fulfilling any

statutory requirement or complying with any regulation deemed otherwise valid.

(f) To ensure an orderly transfer of functions to the office of commerce the following

transition shall occur at the direction of the governor, secretary of commerce and the respective

directors of the department affected.

(g) On or about February 1, 2015, the office shall commence to operate all functions

currently assigned to the department of business regulation (DBR).

(h) On or about April 1, 2015, the office shall commence to operate the regulatory

reform and housing/community development functions currently assigned to the department

of administration.

(i) In addition to the requirements of § 35-3-7, budgets submitted by the impacted state

departments for state fiscal years 2015 and 2016 shall include provisions to implement this section.

SECTION 10. Sections 42-64.20-5, 42-64.20-6 and 42-64.20-8 of the General Laws in

Chapter 42-64.20 entitled "Rebuild Rhode Island Tax Credit" are hereby amended to read as

follows:

42-64.20-5. Tax credits.

(a) An applicant meeting the requirements of this chapter may be allowed a credit as set

forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of

the general laws for a qualified development project.

(b) To be eligible as a qualified development project entitled to tax credits, an applicant’s

chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the

time of application, that:

(1) The applicant has committed a capital investment or owner equity of not less than

twenty percent (20%) of the total project cost;

(2) There is a project financing gap in which after taking into account all available private

and public funding sources, the project is not likely to be accomplished by private enterprise

without the tax credits described in this chapter; and

(3) The project fulfills the state’s policy and planning objectives and priorities in that:

(i) The applicant will, at the discretion of the commerce corporation, obtain a tax

stabilization agreement from the municipality in which the real estate project is located on such

terms as the commerce corporation deems acceptable;

(ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied

by at least one business employing at least 25 full-time employees after construction or such

additional full-time employees as the commerce corporation may determine; (B) Is a multi-family

residential development in a new, adaptive reuse, certified historic structure, or recognized

historical structure consisting of at least 20,000 square feet and having at least 20 residential units

in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic

structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at

least one business, subject to further definition through rules and regulations promulgated by the

commerce corporation; and

(iii) Involves a total project cost of not less than $5,000,000, except for a qualified

development project located in a hope community or redevelopment area designated under § 45-

32-4 in which event the commerce corporation shall have the discretion to modify the minimum

project cost requirement.

for the issuance of rebuild RI tax credits for each of the following:

(1) Qualified development projects that involve certified historic structures;

(2) Qualified development projects that involve recognized historical structures;

(3) Qualified development projects that involve at least one manufacturer; and

(4) Qualified development projects that include affordable housing or workforce housing.

(d) Applications made for a historic structure or recognized historic structure tax credit

under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of

taxation, at the expense of the commerce corporation, shall provide communications from the

commerce corporation to those who have applied for and are in the queue awaiting the offer of tax

credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax

credit program.

(e) Applicants (1) Who have received the notice referenced in subsection (d) above and

who may be eligible for a tax credit pursuant to chapter 33.6 of title 44; (2) Whose application

involves a certified historic structure or recognized historical structure; or (3) Whose project is

occupied by at least one manufacturer shall be exempt from the requirements of subsections

(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:

(i) The division of taxation shall remain responsible for determining the eligibility of an

applicant for tax credits awarded under chapter 33.6 of title 44;

(ii) The commerce corporation shall retain sole authority for determining the eligibility of

an applicant for tax credits awarded under this chapter; and

(iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the

annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this

subsection (e).

(f) Maximum project credit.

(1) For qualified development projects, the maximum tax credit allowed under this chapter

shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to

close a project financing gap (after taking into account all other private and public funding sources

available to the project), as determined by the commerce corporation.

(2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax

exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000)

for any qualified development project under this chapter; except as provided in subsection (f)(3) of

this section; provided however, any qualified development project that exceeds the project cap upon

passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further

increased. No building or qualified development project to be completed in phases or in multiple

projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all

phases or projects involved in the rehabilitation of the building. Provided, however, that for

purposes of this subsection and no more than once in a given fiscal year, the commerce corporation

may consider the development of land and buildings by a developer on the “I-195 land” as defined

in § 42-64.24-3(6) as a separate, qualified development project from a qualified development

project by a tenant or owner of a commercial condominium or similar legal interest including

leasehold improvement, fit out, and capital investment. Such qualified development project by a

tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be

exempted from subsection (f)(1)(i) of this section.

(3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax

exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars

($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter

into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that

project is approved for credits pursuant to this chapter by the commerce corporation.

(g) Credits available under this chapter shall not exceed twenty percent (20%) of the project

cost, provided, however, that the applicant shall be eligible for additional tax credits of not more

than ten percent (10%) of the project cost, if the qualified development project meets any of the

following criteria or other additional criteria determined by the commerce corporation from time

to time in response to evolving economic or market conditions:

(1) The project includes adaptive reuse or development of a recognized historical structure;

(2) The project is undertaken by or for a targeted industry;

(3) The project is located in a transit-oriented development area;

(4) The project includes residential development of which at least twenty percent (20%) of

the residential units are designated as affordable housing or workforce housing;

(5) The project includes the adaptive reuse of property subject to the requirements of the

industrial property remediation and reuse act, § 23-19.14-1 et seq.; or

(6) The project includes commercial facilities constructed in accordance with the minimum

environmental and sustainability standards, as certified by the commerce corporation pursuant to

Leadership in Energy and Environmental Design or other equivalent standards.

(h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,

inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed

two hundred twenty-five million dollars ($225,000,000), excluding any tax credits allowed

pursuant to subsection (f)(3) of this section.

(i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the

project is placed in service.

(j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer

in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent

(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable

year.

(k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer’s total

tax liability for the year in which the relevant portion of the credit is allowed, the amount that

exceeds the taxpayer’s tax liability may be carried forward for credit against the taxes imposed for

the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed

to a partnership, a limited liability company taxed as a partnership, or multiple owners of property

shall be passed through to the persons designated as partners, members, or owners respectively pro

rata or pursuant to an executed agreement among persons designated as partners, members, or

owners documenting an alternate distribution method without regard to their sharing of other tax

or economic attributes of such entity.

(l) The commerce corporation, in consultation with the division of taxation, shall establish,

by regulation, the process for the assignment, transfer, or conveyance of tax credits.

(m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer

for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from

taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller’s tax calculation

for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds,

without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a

natural person, the seller’s tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable,

for the year of revocation, or adjustment, shall be increased by including the total amount of the

sales proceeds without proration.

(n) The tax credit allowed under this chapter may be used as a credit against corporate

income taxes imposed under chapter 11, 13, 14, or 17 of title 44, or may be used as a credit against

personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such

as a partnership, a limited liability company taxed as a partnership, or multiple owners of property.

(o) In the case of a corporation, this credit is only allowed against the tax of a corporation

included in a consolidated return that qualifies for the credit and not against the tax of other

corporations that may join in the filing of a consolidated tax return.

(p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem

this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division

of taxation, in consultation with the commerce corporation, shall establish by regulation a

redemption process for tax credits.

(q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the

commerce corporation, be exempt from sales and use taxes imposed on the purchase of the

following classes of personal property only to the extent utilized directly and exclusively in the

project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles;

or (2) Other materials, including construction materials and supplies, that are depreciable and have

a useful life of one year or more and are essential to the project.

(r) The commerce corporation shall promulgate rules and regulations for the administration

and certification of additional tax credit under subsection (e) (g), including criteria for the

eligibility, evaluation, prioritization, and approval of projects that qualify for such additional tax

credit.

(s) The commerce corporation shall not have any obligation to make any award or grant

any benefits under this chapter.

42-64.20-6. Administration.

(a) To obtain the tax credit authorized in this chapter, applicants shall apply to the

commerce corporation board for approval of a qualified development project for credits under this

chapter. Such approval shall at a minimum require:

(1) That the applicant has submitted a completed application as developed by the commerce

corporation in consultation with the division of taxation;

(2) That the chief executive of the commerce corporation provide written confirmation to

the commerce corporation board (i) That the commerce corporation has reviewed the application

and any determination regarding the potential impact on the project’s ability to stimulate business

development; retain and attract new business and industry to the state; create jobs, including good-

paying jobs, for its residents; assist with business, commercial, and industrial real estate

development; and generate revenues for necessary state and local governmental services; and (ii)

The total credits to be awarded to the applicant.

(3) That the secretary of commerce provide written confirmation to the commerce

corporation board that the recommendation of the commerce corporation is consistent with the

purposes of this chapter; and

(4) That the director of the office of management and budget provide (i) written

confirmation to the commerce corporation board that the aggregate credits recommended by the

commerce corporation pursuant to this chapter do not exceed the maximum aggregate credits

allowed under this chapter in accordance with § 42-64.20-5(f) 42-64.20-5(h).

(b) As the commerce corporation board determines whether to grant credits under this

chapter, it shall consider the purposes for which this chapter is established, which include (but are

not necessarily limited to) the following: (i) To create jobs with an emphasis on jobs that pay at

least the most recent state median wage as defined by the department of labor and training; and (ii)

To spur economic growth and new development in Rhode Island.

shall apply to the commerce corporation for a certification that the project has met all requirements

of this chapter and any additional requirements set by the commerce corporation subsequent to the

time the qualified development project is placed in service. The commerce corporation shall issue

to the applicant a certification or a written response detailing any deficiencies precluding

certification. The commerce corporation may deny certification, or may revoke the delivery of tax

credits if the project does not meet all requirements of this chapter and any additional requirements

set by the commerce corporation.

(d) Upon issuance of a certification by the commerce corporation under subsection (c), the

division of taxation shall, on behalf of the State of Rhode Island, issue tax credit certificates

equaling one hundred percent (100%) of the tax credits approved by the commerce corporation.

(e) In the event that tax credits, or a portion of tax credits, are revoked by the commerce

corporation and such tax credits have been transferred or assigned, the commerce corporation will

pursue its recapture rights and remedies against the applicant of the tax credits who shall be liable

to repay to the commerce corporation the face value of all tax credits assigned or transferred and

all fees paid by the applicant shall be deemed forfeited. No redress shall be sought against assignees

or transferees of such tax credits provided the tax credits were acquired by way of an arms-length

transaction, for value, and without notice of violation, fraud, or misrepresentation.

(f) The commerce corporation and division of taxation shall promulgate such rules and

regulations as are necessary to carry out the intent and purpose and implementation of the

responsibilities of each under this chapter.

42-64.20-8. Program integrity.

(a) Program integrity being of paramount importance, the commerce corporation shall

establish procedures to ensure ongoing compliance with the terms and conditions of the program

established herein, including procedures to safeguard the expenditure of public funds and to ensure

that the funds further the objectives of the program.

(b) The commerce corporation shall adopt implementation guidelines, directives, criteria,

and rules and regulations pursuant to § 42-35-3 of the general laws chapter 35 of this title

(Administrative Procedures), as are necessary to implement this chapter, including, but not

limited to: examples of the enumeration of specific targeted industries; specific delineation of

incentive areas; the determination of additional limits; the promulgation of procedures and forms

necessary to apply for a tax credit, including the enumeration of the certification procedures; the

allocation of new tax credits in consultation with the executive office of commerce, division of

taxation and department of administration; and provisions for tax credit applicants to be charged

an initial application fee, and ongoing service fees, to cover the administrative costs related to the

tax credit.

SECTION 11. Section 42-64.22-12 of the General Laws in Chapter 42-64.22 entitled "Tax

Stabilization Incentive" is hereby amended to read as follows:

42-64.22-12. Implementation guidelines, directives, criteria, rules, regulations.

(a) The commerce corporation shall establish further guidelines, directives, criteria, rules

and regulations in regards to the implementation of this chapter.

(b) The adoption and implementation of rules and regulations shall be made pursuant to §

42-35-3 of the general laws chapter 35 of this title (Administrative Procedures) as are necessary

for the implementation of the commerce corporation’s responsibilities under this chapter.

SECTION 12. Section 42-64.23-6 of the General Laws in Chapter 42-64.23 entitled "First

Wave Closing Fund" is hereby amended to read as follows:

42-64.23-6. Implementation guidelines, directives, criteria, rules, regulations.

The commerce corporation may adopt implementation guidelines, directives, criteria, rules

and regulations pursuant to § 42-35-3 of the General Laws chapter 35 of this title

(Administrative Procedures) as are necessary for the implementation and administration of the

fund.

SECTION 13. Section 42-64.24-6 of the General Laws in Chapter 42-64.24 entitled "I-195

Redevelopment Project Fund" is hereby amended to read as follows:

42-64.24-6. Implementation guidelines, directives, criteria, rules, regulations.

The commission shall adopt implementation guidelines, directives, criteria, rules and

regulations pursuant to § 42-35-3 of the general laws chapter 35 of this title (Administrative

Procedures) as are necessary for the implementation of the commission’s responsibilities under

this chapter and impose such fees and charges as are necessary to pay for the administration and

implementation of this program.

SECTION 14. Section 42-64.26-9 of the General Laws in Chapter 42-64.26 entitled "Stay

Invested in RI Wavemaker Fellowships" is hereby amended to read as follows:

42-64.26-9. Implementation guidelines, rules, regulations.

(a) The commerce corporation may adopt implementation guidelines, rules, and regulations

pursuant to § 42-35-3 chapter 35 of this title (Administrative Procedures) as are necessary for

the implementation of this chapter.

(b) The commerce corporation shall adopt guidelines to assure integrity and eliminate

potential conflicts of interest in the issuing of awards.

rules and regulations pursuant to § 42-35-3 of the General Laws chapter 35 of this title

(Administrative Procedures), as are necessary for the implementation of the division’s

responsibilities under this chapter.

SECTION 15. Section 42-82-5 of the General Laws in Chapter 42-82 entitled "Farmland

Preservation Act" is hereby amended to read as follows:

42-82-5. Duties of the commission.

(a) The commission shall:

(1) Develop the criteria necessary for defining agricultural land under this chapter;

(2) Make a reasonably accurate inventory of all land in the state that meets the definition

of agricultural land;

(3) Prepare and adopt rules for administration of the purchase of development rights and

criteria for the selection of parcels for which the development rights may be purchased, and the

conditions under which they will be purchased;

(4) Draw up and publish the covenant and enumerate the specific development rights to be

purchased by the state;

(5) Inform the owners, public officials, and other citizens and interested persons of the

provisions of this chapter;

(6) Approve and submit, within ninety (90) days after the end of each fiscal year, an annual

report to the governor, the speaker of the house of representatives, the president of the senate, and

the secretary of state of its activities during that fiscal year. The report shall provide: an operating

statement summarizing meetings or hearings held, including meeting minutes, subjects addressed,

decisions rendered, petitions granted, rules or regulations promulgated, studies conducted, policies

and plans developed, approved, or modified, and programs administered or initiated; a consolidated

financial statement of all funds received and expended, including the source of the funds, a listing

of any staff supported by these funds, and a summary of any clerical, administrative, or technical

support received; a summary of performance during the previous fiscal year, including

accomplishments, shortcomings, and remedies; a synopsis of hearings, examinations, and

investigations or any legal matters related to the authority of the commission; a summary of any

training courses held pursuant to subdivision (a)(7); a summary of land acquired and conserved

during the fiscal year; an annually updated inventory of all land in the state that meets the definition

of agricultural land; a briefing on anticipated activities in the upcoming fiscal year; findings and

recommendation for improvements. The report shall be posted electronically, as prescribed in § 42-

20-8.2. The director of the department of administration shall be responsible for the enforcement

of this provision; and

(7) Conduct a training course for newly appointed and qualified members and new

designees of ex officio members within six (6) months of their qualification or designation. The

course shall be developed by the chair, approved by the commission, and conducted by the

commission. The commission may approve the use of any commission or staff members or other

individuals to assist with training. The course shall include instruction in the following areas: the

provisions of chapters 82 and 46 of this title, chapter 14 of title 36, and chapter 2 of title 38; and

the commission’s rules and regulations. The director of the department of administration shall,

within ninety (90) days of the effective date of this act [May 3, 2006], prepare and disseminate

training materials relating to the provisions of chapter 46 of this title, chapter 14 of title 36, and

chapter 2 of title 38.

(b) At any time after fulfilling the requirements of subsection (a), the commission, on

behalf of the state, may acquire any development rights that may, from time to time, be offered by

the owners of agricultural land. The commission may accept or negotiate at a price not in excess of

the value established by an independent appraisal prepared for the commission, or for one of the

commission’s partners, for the respective property. Additionally, said appraisal shall be reviewed

in a manner consistent with the rules and regulations of the commission. The value of the

development rights for all of the purposes of this section shall be the difference between the value

of the property for its highest and best use and its value for agricultural purposes as defined in this

chapter. In determining the value of the property for its highest and best use, consideration shall be

given to sales of comparable properties in the general area, use of which is unrestricted at the time

of sale. The seller of the development rights shall have the option of accepting payment in full at

the time of transfer or accepting payment on an installment basis in cash or with the principal paid

by tax exempt financial instruments of the state with interest on the unpaid balance equal to the

interest paid by the state on bonds sold during the preceding twelve-month (12) period. Any matter

pending in the superior court may be settled by the parties subject to approval by a referee. At any

time after a matter has been referred to a referee, even after an award is made by the referee, but

before payment thereof, the petitioner may withdraw his or her petition upon payment of appraisal

fees incurred by the state, together with all court costs, and the award shall become null and void.

with the development rights retained by the state and so noted by covenant in the deed. Any such

resale by the commission shall not be subject to the right to purchase by the municipality in which

the land is situated as provided by § 37-7-5. The proceeds from that sale shall be returned to the

agricultural land preservation fund.

(d) Any land received as a gift and not resold by the commission may be leased for

agricultural uses or other uses the commission determines are not detrimental to its agricultural

productivity. Any funds thus obtained shall be returned to the agricultural land preservation fund.

(e) The commission may consider petitions by the owner of land, from which or whom the

state has purchased the development rights, to repurchase those development rights from the state.

The petition must be accompanied by a certificate from the municipalities in which the land lies

stating that two-thirds (⅔) of the city or town council has approved the proposed development. The

petition shall set forth the facts and circumstances upon which the commission shall consider

approval, and the commission shall deny approval unless at least seven (7) of its members

determine by vote that there is an overriding necessity to relinquish control of the development

rights. The commission shall hold at least one public hearing in a city or town from which a

certificate has been received, prior to its consideration of the petition, that shall be announced in

one newspaper of local circulation. The expenses, if any, of the hearing shall be borne by the

petitioner. If the commission approves the sale of the development rights, it shall receive the value

of the development rights at the time of this sale, to be determined in the same manner as provided

for by subsection (d) (b). Proceeds of the sale shall be returned to the agricultural land preservation

fund.

SECTION 16. Section 42-102-6 of the General Laws in Chapter 42-102 entitled

"Governor’s Workforce Board Rhode Island" is hereby amended to read as follows:

42-102-6. Powers and duties.

(a) Strategic statewide employment-and-training plan.

(1) The board shall meet with other entities involved with career and technical education,

workforce development, and career training and shall be responsible for the development of a

comprehensive and cohesive, statewide employment-and-training plan. The strategic, statewide

employment-and-training plan shall include goals and objectives for serving the state’s existing

and emerging workforce utilizing all state and federal workforce-development programs. The board

shall take into consideration the needs of all segments of the state’s citizenry in establishing goals

and training objectives, including the workforce needs of the state’s employers.

(2) The strategic, statewide-employment-and-training plan shall be developed biennially

and shall cover the subsequent, two (2) fiscal years. Said biennial plans shall be submitted on

November 15. The biennial plan shall outline goals and objectives of the coordinated programs

system, major priorities needed for the next two-year (2) period, and policies and requirements

necessary to meet those priorities. The board shall provide a funding plan necessary to achieve

system priorities and serve the anticipated number of participants and shall identify the general

revenue funds necessary to meet program needs, taking into account anticipated federal, private,

and other sources of funds. The biennial plan shall incorporate the annual, unified-workforce-

development-system report required pursuant to subsection (f) in those years in which both reports

are due.

(3) The board shall develop and maintain a comprehensive inventory and analysis of

workforce-development activities in the state to support the biennial, statewide employment-and-

training plan. The analysis shall include, but not be limited to, an examination of the populations

being served across the different employment and training and adult education programs across the

state; the number of participants being served by these programs; the type of services provided; and

the eligibility requirements of each of these programs. The analysis shall also identify the funding

sources (all sources) used in these programs; the service providers within the state; as well as the

range of services provided. The analysis shall also examine the employer role in workforce-

development activities, including, but not limited to, how employer needs are assessed; benefits

employers receive for partnering with workforce-development organizations; and the role

employers play in developing programs and providing training.

(4) The board shall establish and convene an advisory group to assist in the development

of this comprehensive inventory and analysis that consists of stakeholders and organizations with

specific knowledge and expertise in the area of workforce development.

(5) All departments and agencies of the state shall furnish advice and information,

documentary or otherwise, to the board and its agents as is deemed necessary or desirable by the

board to facilitate the purposes of the board, including the development of the statewide,

employment-and-training plan.

(6) Elements of the statewide employment and training plan established pursuant to

subsection (a) of this section may inform the development of the state workforce investment plan

required pursuant to § 42-102-6(d)(2)(i).

(b) Performance management and coordination of employment-and-training programs.

(1) The board shall establish statewide policies, definitions, objectives, goals, and

guidelines for the coordination of all employment-and-training programs and related services and

programs within the state, including:

(i) The state department of labor and training programs, sponsored under the Workforce

Investment Act of 1998, Wagner-Peyser Act, 29 U.S.C. § 49 et seq., the Trade Act of 2002, and

any other employment-related educational program administered by the state department of labor

and training;

(ii) The state department of human services training programs, sponsored under the

Temporary Assistance to Needy Families, Title IV of the Social Security Act; the Supplemental

Nutrition Assistance Program (SNAP) Employment and Training Program; Vocational

Rehabilitation Act of 1973, and any other employment-and-training and related services and

employment-related educational programs administered by the state’s department of human

services;

(iii) Employment and training programs sponsored under the Carl D. Perkins Vocational

Education Act, 20 U.S.C. § 2301 et seq., the Federal Adult Education Act, Title II of the Workforce

Investment Act of 1998 and any other employment-related educational programs administered by

the board of education;

(iv) The state department of corrections training programs for ex-offenders to help them

reintegrate into the community and re-enter employment;

(v) Projects and services funded through the job-development fund pursuant to § 42-102-

6(e)(1);

(vi) All other employment-and-training and related services and employment-related

educational programs, either presently existing or hereinafter established, that are administered by

any state agencies, departments, or councils; and

(vii) Programs included within subsections (b)(1)(i) through (b)(1)(vi) shall be referred

herein collectively as “the coordinated programs system.”

(2) With respect to plans for employment-and-training programs sponsored under the

federal Carl D. Perkins Vocational Education Act, 20 U.S.C. § 2301 et seq., and any other

employment-related educational programs administered by the board of education, the workforce

board and board of education shall establish a process for the development and preparation of all

these plans and the board of education shall approve the plan subject to review and comment by

the workforce board; provided, however, that the responsibilities and duties of the board of

education, as set forth in the general laws, shall not be abridged.

(3) With respect to plans for the Temporary Assistance to Needy Families Program, SNAP

Employment and Training Program, Vocational Rehabilitation Services, and any other

employment-and-training and related programs administered by the state’s department of human

services, the authority and responsibilities of the department as the single state agency under Titles

IV-A, 42 U.S.C. §§ 601 through 617, and IV-F, 42 U.S.C. §§ 681 through 687 [repealed], of the

Federal Social Security Act shall not be abridged.

(4) With respect to plans for training ex-offenders to help them reintegrate into the

community and re-enter employment, and any other employment-and-training programs

administered by the state’s department of corrections, the responsibilities and duties of the

department, as set forth in the general laws, shall not be abridged.

(5) The board shall review, comment on, or approve as appropriate all plans for

employment and training within the coordinated-programs system. The board shall establish

policies and performance goals for the coordinated-programs system. These policies and goals shall

include, but not be limited to:

(i) Establishing and communicating uniform policies and consistent terms and definitions;

(ii) Gathering and distributing information from, and to, all agencies, departments, and

councils within the coordinated-programs system;

(iii) Standardizing and coordinating program planning, evaluation, budgeting, and funding

processes;

(iv) Recommending structural and procedural changes;

(v) Establishing performance goals and measurements for monitoring the effectiveness of

the programs provided through the coordinated-programs system; and

(vi) Reconciling diverse agency, departmental, or council goals and developing priorities

among those goals.

(1) The 2015 unified workforce-development-system report required pursuant to § 42-102-

6(f) and due on November 15, 2015, shall include an additional, comprehensive system-

improvement plan to facilitate the seamless and coordinated delivery of workforce services in this

state, consistent with the goals and objectives of the board’s statewide employment-and-training

plan. In developing the comprehensive, system-improvement plan, the board shall review the roles,

responsibilities, and functions of all state employment-and-training programs. The study shall

identify any gaps in the services provided by those programs; any barriers to integration and

cooperation of these programs; and any other matters that adversely affect the seamless delivery of

workforce-development systems in the state.

(2) The board shall include in the comprehensive, system-improvement plan:

(i) A list of specific barriers, whether structural, regulatory, or statutory, that adversely

affect the seamless and coordinated delivery of workforce-development programs and services in

this state, as well as recommendations to overcome or eliminate these barriers; and

(ii) Recommendations for providing, at a minimum, board comment and review of all state

employment-and-training programs, to ensure such programs are consistent with the board’s

statewide employment-and-training plan, and meet the current and projected workforce demands

of this state, including programs that, pursuant to state or federal law or regulation, must remain

autonomous.

(3) The recommendations developed by the board under subsection (c)(1) must identify the

state agency or department that is responsible for implementing each recommendation and include

a time frame for the implementation of each recommendation. The governor may include such

recommendations in his or her proposed budget the following fiscal year.

(d) Workforce investment act responsibilities.

(1) The board shall assume the duties and responsibilities of the state workforce-investment

board established pursuant to Executive Order 05-18 dated September 22, 2005, as outlined in

subsection (c)(2) (d)(2).

(2) The board shall assist the governor and the general assembly in:

(i) Developing a state workforce-investment plan for the purposes of the Workforce

Investment Act of 1998 (WIA) and the Wagner-Peyser Act;

(ii) Actively promoting and coordinating private-sector involvement in the workforce-

investment system through the development of partnerships among state agencies, the business

community, and the board;

(iii) Ensuring that the current and projected workforce needs of Rhode Island employers

inform and advise Rhode Island’s education and workforce-development system;

(iv) Providing oversight of local workforce-investment boards, whose primary role in the

workforce-investment system is to deliver employment, training, and related education services in

their respective local area; and

(v) Developing a statewide system of activities that are funded under the WIA or carried

out through the one-stop delivery system, including:

(A) Assuring coordination and non duplication among the programs and activities carried

out by one-stop partners;

(B) Reviewing local workforce-investment plans;

(D) Developing allocation formulas for the distribution of funds for adult employment-

and-training activities, youth activities to local areas, and creating and expanding job and career

opportunities for individuals with intellectual, developmental, or other significant disabilities;

(E) Developing comprehensive, state-performance measures as prescribed by federal law,

including state-adjusted levels of performance, to assess the effectiveness of the workforce-

investment activities in the state;

(F) Preparing the annual report to the Secretary of Labor described in WIA;

(G) Developing the statewide employment-statistics system;

(H) Developing an application for incentive grants;

(I) Carrying out the responsibilities of a local board as outlined in WIA; and

(J) Addressing any other issue requiring input from the board under the provisions of WIA.

(e) Job-development fund responsibilities.

(1) The board shall allocate monies from the job-development fund for projects to

implement the recommendations of the board consistent with the statewide employment-and-

training plan established pursuant to § 42-102-6(a).

(f) Unified workforce-development system report.

(1) The board shall produce and submit an annual, unified, workforce-development-system

report to the governor, the speaker of the house, the president of the senate, and the secretary of

state. The report shall be submitted annually on November 15. The report shall cover activity

having taken place the preceding fiscal year ending June 30 and shall include:

(i) A fiscal and programmatic report for the governor’s workforce board covering the

previous fiscal year, including:

(A) A summary of the board’s activities and accomplishments during the previous fiscal

year;

(B) A summary of clerical, administrative, professional, or technical reports received by

the board during the previous fiscal year, if applicable;

(D) A consolidated financial statement of all funds received, and expended, by the board,

including the source of funds, during the previous fiscal year;

(E) A listing of any staff supported by these funds;

(ii) A unified, expenditure-and-program report for statewide employment-and-training

programs and related services, including:

(A) Expenditures by agencies for programs included in § 42-102-6(b)(1), including

information regarding the number of individuals served by each program; demographic information

by gender, race, and ethnicity; outcome and program-specific performance information as

determined by the board; and such other information as may be determined by the board, including,

but not limited to, the attainment of credentials;

(2) Beginning November 15, 2015, program expenditures included in the unified,

workforce-development-system report shall be categorized as administrative, program delivery, or

other costs; the report shall further include information on the cost per individual served within

each program, through a manner determined by the board;

(3) All state and local agencies, departments, or council, or similar organizations within

the coordinated-programs system, shall be required to provide the board with the information

necessary to produce the unified, workforce-development-system report.

SECTION 17. Section 42-128-5 of the General Laws in Chapter 42-128 entitled "Rhode

Island Housing Resources Act of 1998" is hereby amended to read as follows:

42-128-5. Purposes.

The purposes of the commission shall be:

(1) To develop and promulgate state policies, and plans, for housing and housing

production and performance measures for housing programs established pursuant to state law.

(2) To coordinate activities among state agencies and political subdivisions pertaining to

housing.

(3) To promote the stability of and quality of life in communities and neighborhoods.

(4) To provide opportunities for safe, sanitary, decent, adequate and affordable housing in

Rhode Island.

(5) To encourage public-private partnerships that foster the production, rehabilitation,

development, maintenance, and improvement of housing and housing conditions, especially for

low and moderate income people.

(6) To foster and support no-profit non-profit organizations, including community

development corporations, and their associations and intermediaries, that are engaged in providing

and housing related services.

(7) To encourage and support partnerships between institutions of higher education and

neighborhoods to develop and retain quality, healthy housing and sustainable communities.

(8) To facilitate private for-profit production and rehabilitation of housing for diverse

populations and income groups.

(9) To provide, facilitate, and/or support the provisions of technical assistance.

SECTION 18. Section 42-128.1-5 of the General Laws in Chapter 42-128.1 entitled "Lead

Hazard Mitigation" is hereby amended to read as follows:

42-128.1-5. Housing resources commission — Powers and duties with respect to lead

hazard mitigation.

(a) General powers and duties. The housing resources commission shall implement and put

into full force and effect the powers, duties, and responsibilities assigned to it by this chapter, and

shall serve as the lead state agency for lead hazard mitigation, planning, education, technical

assistance, and coordination of state projects and state financial assistance to property owners for

lead hazard mitigation.

(b) Regulatory guidelines. In developing and promulgating rules and regulations as

provided for in this chapter, the housing resources commission shall consider, among other things:

(1) the effect on efforts to reduce the incidence of lead poisoning, (2) the ease and cost of

implementation, (3) the impact on the ability to conduct real estate transactions fairly and

expeditiously, (4) consistency with federal standards, such that the differences between basic

federal standards and Rhode Island standards for lead hazard mitigation are, to the extent

practicable, minimized, and (5) the direction of effort to locations and housing types, which due to

age, condition, and prior history of lead poisoning are more likely to be the location of lead

poisoning. Said regulations shall include a definition of “turnover” of a dwelling unit and a means

for tenants to voluntarily notify property owners of the legal tenancy of an “at-risk” occupant.

availability of housing in which lead hazards have been mitigated, to provide performance

measures by which to assess progress toward achieving the purposes of this chapter, and to facilitate

coordination among state agencies and political subdivisions with responsibilities for housing and

housing quality for lead poisoning reduction and for the availability of insurance coverage

described in this chapter, the housing resources commission established by chapter 128 of this title

shall adopt by April 1, 2003, a four (4) year, comprehensive strategic plan for reducing the

incidence of childhood lead poisoning, for increasing the supply of lead-safe housing, and for

assuring that pre-1978 in rental housing throughout the state lead hazards have been mitigated.

(1) Plan elements. The plan as a minimum shall include elements pertaining to:

(i) Educating people with regard to lead hazards and how they can be avoided, mitigated,

and/or abated;

(ii) Programs to assist low and moderate income owners of property to eliminate lead

hazards and to achieve lead-safe conditions;

(iii) Coordination of the enforcement of laws pertaining to lead hazard control, mitigation

and abatement including the Lead Poisoning Prevention Act, chapter 24.6 of title 23, and minimum

housing codes and standards;

(iv) Coordination of efforts with local governments and other agencies to improve housing

conditions;

(v) Financing lead abatement efforts in Rhode Island, including, but not limited to,

assistance to low and moderate income property owners, education and outreach, and enforcement

by state and local officials;

(vi) An assessment of the availability of insurance for lead hazard liability, which shall be

designed and implemented in cooperation with the department of business regulation.

(2) Implementation program. The comprehensive strategic plan shall include an

implementation program, which shall include performance measurers and a program of specific

activities that are proposed to be undertaken to accomplish the purposes of this chapter and to

achieve goals and elements set forth by the plan. The implementation program shall be updated

annually according to a schedule set forth in the plan.

(3) Reporting. The commission shall report annually to the governor and the general

assembly, no later than March of each year, on the progress made in achieving the goals and

objectives set forth in the plan, which report may be integrated with or issued in conjunction with

the report of the commission on environmental lead submitted pursuant to § 23-24.6-6.

ARTICLE II -- STATUTORY CONSTRUCTION

SECTION 1. Section 7-12.1-903.1 of the General Laws in Chapter 7-12.1 entitled

"Uniform Partnership Act" is hereby amended to read as follows:

7-12.1-903.1. Issuance of certificates of revocation.

(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 limited liability partnership at the principal office in the statement of qualification of limited

liability partnership or to the authorized person listed on the articles of organization statement of

qualification of limited liability partnership, 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.

registered agent.

SECTION 2. Section 7-13.1-812 of the General Laws in Chapter 7-13.1 entitled "Uniform

Limited Partnership Act" is hereby amended to read as follows:

7-13.1-812. Issuance of certificates of revocation.

(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 partnership at the principal office in the articles of organization certificate of

limited partnership or to the authorized person listed on the certificate of registration certificate

of limited partnership, 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.

agent.

SECTION 3. Section 9-1-31 of the General Laws in Chapter 9-1 entitled "Causes of

Action" is hereby amended to read as follows:

9-1-31. Public school teachers, supervisors, administrators and employees whose

position directly involves work with students — Immunity from liability — Compensation

for certain injuries — Duty upon school committees and board of regents. Public school

teachers, supervisors, administrators and employees whose position directly involves work

with students — Immunity from liability — Compensation for certain injuries — Duty upon

school committees and the council on elementary and secondary education.

(a) Each school committee and the board of regents council on elementary and

secondary education shall protect and save harmless any public school teacher, any supervisor,

administrator, or licensed professional employee, any employee whose position requires a

certificate from the department of education or board of regents for elementary and secondary

education council on elementary and secondary education, any employee whose position

directly involves work with students, and any employee of the board of regents council on

elementary and secondary education from financial loss and expense, including legal fees and

costs, if any, arising out of any claim, demand, or suit for actions resulting in accidental bodily

injury to or death of any person, or in accidental damage to or destruction of property, within or

without the school building, or any other acts, including but not limited to infringement of any

person’s civil rights, resulting in any injury, which acts are not wanton, reckless, malicious, or

grossly negligent, as determined by a court of competent jurisdiction, provided the teacher,

supervisor, or administrator, at the time of the acts resulting in the injury, death, damages, or

destruction, was acting in the discharge of their duties or within the scope of their employment or

under the direction of the school committee or the board of regents council on elementary and

secondary education.

(b) For the purpose of this section, the term “teacher” shall include any student teacher

doing practice teaching under the direction of a teacher employed by a school committee or the

board of regents council on elementary and secondary education.

secondary education shall protect and save harmless any teacher or any supervisor, employee

whose position directly involves work with students (hereinafter referred to as “employee”), or

administrator from financial loss and expense, including payment of expenses reasonably incurred

for medical or other service, necessary as a result of an assault upon the teacher, supervisor,

employee, or administrator while the person was acting in the discharge of their duties within the

scope of their employment or under the direction of the school committee or the board of regents

council on elementary and secondary education, which expenses are not paid by the individual

teacher’s, supervisor’s, employee’s, or administrator’s workers’ compensation.

(d) Any teacher, supervisor, employee whose position directly involves work with students

(hereinafter referred to as “employee”), or administrator absent from their employment as a result

of injury sustained during an assault upon the teacher, supervisor, employee, or administrator that

occurred while the teacher, supervisor, employee, or administrator was discharging their duties

within the scope of their employment or under the direction of the school committee or the board

of regents council on elementary and secondary education, or for a court appearance in

connection with the assault, shall continue to receive their full salary, while so absent, except that

the amount of any workers’ compensation award may be deducted from their salary payments

during the absence. The time of the absence shall not be charged against the teacher’s, supervisor’s,

employee’s, or administrator’s sick leave, vacation time, or personal leave days.

(e) A person so injured in accordance with subsection (d) of this section and who receives

a disability therefrom, which renders them unable to fully perform their normal duties, shall, if the

disability continues for a period of one year, apply to the Rhode Island employees’ retirement

system for appropriate benefits for which that person is entitled.

SECTION 4. Section 16-16-1 of the General Laws in Chapter 16-16 entitled "Teachers’

Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby

amended to read as follows:

16-16-1. Definitions.

(a) The following words and phrases used in this chapter, unless a different meaning is

plainly required by the context, have the following meanings:

(1) “Active member” means any teacher as defined in this section for whom the retirement

system is currently receiving regular contributions pursuant to §§ 16-16-22 and 16-16-22.1.

Except as otherwise provided in this section, the words and phrases used in this

chapter, so far as applicable, have the same meanings as they have in chapters 8 to 10 of title

36.

(2) “Beneficiary” means any person in receipt of annuity, benefit, or retirement allowance

from the retirement system as provided in this chapter.

(3) “Child” includes a stepchild of a deceased member who has been a stepchild for at least

one year immediately preceding the date on which the member died or an adopted child of a

deceased member without regard to the length of time the child has been adopted.

(4) “Former spouse divorced” means a person divorced from a deceased member, but only

if the person meets one of the following conditions:

(i) Is the mother or father of the deceased member’s child(ren);

(ii) Legally adopted the deceased member’s child(ren) while married to the deceased

member and while the child(ren) was under the age of eighteen (18) years;

(iii) Was married to the deceased member at the time both of them legally adopted a

child(ren) under the age of eighteen (18) years; or

(iv) Was married to the deceased member for ten (10) or more years and to whom the

deceased member was required by a court order to contribute post-divorce support.

(5) “Member” means any person included in the membership of the retirement system

under the provisions of this chapter.

(6) “Prior service” means service as a teacher rendered prior to the first day of July, 1949,

certified on the teacher’s prior service certificate and allowable as prior service under the provisions

of this chapter.

(7) “Retired teacher” means any teacher who retired prior to July 1, 1949, pursuant to the

provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in receipt of a pension

under the provisions of that chapter.

(8) “Retirement system” and “system” means the employees’ retirement system of the state

of Rhode Island created by chapter 8 of title 36, and “retirement board” means the board established

under that chapter.

(9) “Salary” or “compensation” includes any and all salary paid for teaching services

regardless of whether any part of the salary or compensation is derived from any state or federal

grant or appropriation for teachers’ salaries, as the term is defined in § 36-8-1(8). “Average

compensation” shall be defined in accordance with section 36-8-1(5)(a).

(10) “Service” means service as a teacher as described in subdivision (12) of this section.

Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or

assistant superintendent shall be combined in computing periods of service and employment.

(11) “Spouse” means the surviving person who was married to a deceased member, but

only if the surviving person meets one of the following conditions:

(i) Was married to the deceased member for not less than one year immediately prior to the

date on which the member died;

(ii) Is the mother or father of the deceased member’s child(ren);

(iii) Legally adopted the deceased member’s child(ren) while married to the deceased

member and while the child(ren) was under the age of eighteen (18) years; or

(iv) Was married to the deceased member at the time both of them legally adopted a

child(ren) under the age of eighteen (18) years.

(12) “Teacher” means a person required to hold a certificate of qualification issued by or

under the authority of the board of regents forcouncil on elementary and secondary education and

who is engaged in teaching as their principal occupation and is regularly employed as a teacher in

the public schools of any city or town in the state, or any formalized, commissioner approved,

cooperative service arrangement. The term includes a person employed as a teacher, supervisor,

principal, assistant principal, superintendent, or assistant superintendent of schools, director,

assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse

teacher, and attendance officer or any person who has worked in the field of education or is working

in the field of education who holds a teaching or administrative certificate. In determining the

number of days served by a teacher the total number of days served in any public school of any city

or town in the state may be combined for any one school year. The term also includes a school

business administrator whether or not the administrator holds a teaching or administrative

certificate, and also includes occupational therapists and physical therapists licensed by the

department of health and employed by a school committee in the state, or by any formalized,

commissioner approved, cooperative service arrangement.

(13) “Teaching” includes teaching, supervising, and superintending or assistant

superintending of schools.

(14) “Total service” means prior service as defined in subdivision (6) of this section, plus

service rendered as a member of the system on or after the first day of July, 1949.

(15) For purposes of this chapter, “domestic partner” shall be defined as a person who,

prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the

decedent, and who certifies by affidavit that their relationship met the following qualifications:

(i) Both partners were at least eighteen (18) years of age and were mentally competent to

contract;

(ii) Neither partner was married to anyone else;

(iii) Partners were not related by blood to a degree that would prohibit marriage in the state

of Rhode Island;

(iv) Partners resided together and had resided together for at least one year at the time of

death; and

(v) Partners were financially interdependent as evidenced by at least two (2) of the

following:

(A) Domestic partnership agreement or relationship contract;

(B) Joint mortgage or joint ownership of primary residence;

credit account; (IV) Joint lease; and/or

(D) The domestic partner had been designated as a beneficiary for the decedent’s will,

retirement contract, or life insurance.

(b) The masculine pronoun wherever used shall also include the feminine pronoun.

— 10 of title 36 shall have the same definition as set forth in chapters 8 — 10 of title 36.

SECTION 5. Section 20-2.1-9 of the General Laws in Chapter 20-2.1 entitled "Commercial

Fishing Licenses" is hereby amended to read as follows:

20-2.1-9. Powers and duties of the director.

It shall be the duty of the director to adopt, implement effective January 1, 2003, and

maintain a commercial fisheries licensing system that shall incorporate and be consistent with the

purposes of this chapter; in performance of this duty, the director shall follow the guidelines and

procedures set forth below:

(1) The rulemaking powers of the director to accomplish the purposes of this chapter shall

include the following with regard to commercial fishing licenses and commercial fishing by license

holders:

(i) Types of licenses and/or license endorsement consistent with the provisions of this

chapter and applicable sections of this title, and limitations on levels of effort and/or on catch by

type of license and/or license endorsement;

(ii) Design, use, and identification of gear;

(iii) Declarations for data collection purposes of vessels used in commercial fishing, which

declaration requirements shall in no way, except as otherwise provided for in law, restrict the use

of any vessel less than twenty-five feet (25′) in length overall by appropriate holders of commercial

fishing licenses;

(iv) Areas in Rhode Island waters where commercial fishing of different types may take

place, and where it may be prohibited or limited, and the times and/or seasons when commercial

fishing by type or species may be allowed, restricted, or prohibited;

(v) Limitations and/or restrictions on effort, gear, catch, or number of license holders and

endorsements; and

(vi) Emergency rules, as provided for in chapter 35 of title 42, to protect an unexpectedly

imperiled fishery resource to provide access to a fisheries resource that is unexpectedly more

abundant and to protect the public health and safety from an unexpected hazard or risk. The marine

fisheries council shall be notified of all emergency rules on or before their effective date, and no

emergency rule shall become a final rule unless it is promulgated as provided for in subdivision (3)

of this section.

(2) When implementing the system of licensure set forth in §§ 20-2.1-4, 20-2.1-5, 20-2.1-

6, and 20-2.1-7, and other provisions of this title pertaining to commercial fishing licenses, permits,

and registrations, the director shall consider the effect of the measure on the access of Rhode

Islanders to commercial fishing, and when establishing limitations on effort and/or catch:

(i) The effectiveness of the limitation:

(A) In achieving duly established conservation or fisheries regeneration goals or

requirements;

(B) In maintaining the viability of fisheries resources overall, including particularly, the

reduction of by-catch, discards, and fish mortality, and in improving efficiency in the utilization of

fisheries resources;

arrangements with other states;

(ii) The impact of the limitation on persons engaged in commercial fishing on:

(A) Present participation in the fishery, including ranges and average levels of participation

by different types or classes of participants;

(B) Historical fishing practices in, and dependence on, the fishery;

(D) The potential effects on the safety of human life at sea;

(E) The cultural and social framework relevant to the fishery and any affected fishing

communities; and

(iii) Any other relevant considerations that the director finds in the rulemaking process;

(iv) The following standards for fishery conservation and management, which standards

shall be understood and applied so far as practicable and reasonable in a manner consistent with

federal fisheries law, regulation, and guidelines:

(A) Conservation and management measures shall prevent overfishing, while achieving,

on a continuing basis, the optimum yield from each fishery;

(B) Conservation and management measures shall be based upon the best scientific

information available and analysis of impacts shall consider ecological, economic, and social

consequences of the fishery as a whole;

in the utilization of fisheries resources, except that no such measure shall have economic allocation

as its sole purpose;

(D) Conservation and management measures shall take into account and allow for

variations among, and contingencies in, fisheries, fishery resources, and catches;

(E) Conservation and management measures shall, where practicable, minimize costs and

avoid unnecessary duplication;

(F) Conservation and management measures shall, consistent with conservation

requirements of this chapter (including the prevention and of overfishing and rebuilding of

overfished stocks), take into account the importance of fishery resources to fishing communities in

order to (I) Provide for the sustained participation of those communities and (II) To the extent

practicable, minimize adverse economic impacts on those communities;

(G) Conservation and management measures shall, to the extent practicable: (I) Minimize

by-catch and (II) To the extent by-catch cannot be avoided, minimize the mortality of the by-catch;

and

(H) Conservation and management measures shall, to the extent practicable, promote the

safety of human life at sea.

(3) Unless otherwise specified, rules and regulations adopted pursuant to this chapter shall

conform with the requirements of the Administrative Procedures Act, chapter 35 of title 42.

(4) Matters to be considered in establishing license programs under this chapter. The

director shall be consistent with the requirements of § 20-2.1-2(6) in establishing and implementing

a licensing system in accordance with the provisions of this chapter that shall be designed to

accomplish marine fisheries management objectives. The licensing system may limit access to

fisheries, particularly commercial fisheries for which there is adequate or greater than adequate

harvesting capacity currently in the fishery and for which either a total allowable catch has been

set or a total allowable level of fishing effort has been established for the purpose of preventing

overfishing of the resource or the dissipation of the economic yield from the fishery. This authority

shall include the authority of the director to:

(i) Differentiate between the level of access to fisheries provided to license holders or

potential license holders on the basis of past performance, dependence on the fishery, or other

criteria;

(ii) Establish prospective control dates that provide notice to the public that access to, and

levels of participation in, a fishery may be restricted and that entrance into, or increases in levels

of participation in a fishery after the control date may not be treated in the same way as participation

in the fishery prior to the control date; retroactive control dates are prohibited and shall not be used

or implemented, unless expressly required by federal law, regulation, or court decision; and

(iii) Establish levels of catch by type of license and/or endorsement that shall provide for

basic and full harvest and gear levels; quotas may be allocated proportionally among classes of

license holders as needed to maintain the viability of different forms of commercial fishing.

(5) [Deleted by P.L. 2023, ch. 281, § 2 and P.L. 2023, ch. 282, § 2.]

(6) The director, with the advice of the marine fisheries council, shall report annually to

the governor, general assembly, and to the citizens concerning the conservation and management

of the fishery resources of the state, addressing stock status, performance of fisheries and quotas,

management and licensing programs, and other matters of importance.

SECTION 6. Section 21-27-6.2 of the General Laws in Chapter 21-27 entitled "Sanitation

in Food Establishments" is hereby amended to read as follows:

21-27-6.2. Cottage food manufacture.

Notwithstanding the other provisions of this chapter, the department of health shall register

cottage food manufacture and the sale of the products of cottage food manufacture direct to

consumers whether by pickup or delivery within the state, provided that the requirements of this

section are met.

(1) The cottage food products shall be produced in a kitchen that is on the premises of a

home and meets the standards for kitchens as provided for in minimum housing standards, adopted

pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted

pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:

(i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that

reaches one hundred fifty degrees Fahrenheit (150° F) after the final rinse and drying cycle and a

one compartment sink;

(ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the

proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not

to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

(iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,

corrosion resistant material such as stainless steel, formica, or other chip resistant, nonpitted

surface;

(iv) Have self-closing doors for bathrooms that open directly into the kitchen;

(v) If the home is on private water supply, the water supply must be tested once per year;

(vi) Notwithstanding this subsection, the cottage food products may also be produced in a

commercial kitchen licensed by the department and leased or rented by the cottage food registrant

provided that a record be maintained as to the dates the commercial kitchen was used and that

ingredients used in the production of cottage foods are transported according to applicable food

safety standards and regulations promulgated by the department.

(2) The cottage food products are prepared and produced ready for sale under the following

conditions:

(i) Pets are kept out of food preparation and food storage areas at all times;

(ii) Cooking facilities shall not be used for domestic food purposes while cottage food

products are being prepared;

(iii) Garbage is placed and stored in impervious covered receptacles before it is removed

from the kitchen, which removal shall be at least once each day that the kitchen is used for cottage

food manufacture;

(iv) Any laundry facilities that may be in the kitchen shall not be used during cottage food

manufacture;

(v) Recipe(s) for each cottage food product with all the ingredients and quantities listed,

and processing times and procedures, are maintained in the kitchen for review and inspection;

(vi) An affixed label that contains:

(A) Name, address, and telephone number;

(B) The ingredients of the cottage food product, in descending order of predominance by

weight or volume;

milk, eggs, tree nuts, peanuts, wheat, and soybeans; and

(D) The following statement printed in at least ten-point type in a clear and conspicuous

manner that provides contrast to the background label: “Made by a Cottage Food Business

Registrant that is not Subject to Routine Government Food Safety Inspection,” unless products

have been prepared in a commercial kitchen licensed by the department.

(3) Cottage food manufacture shall be limited to the production of baked goods that do not

require refrigeration or time/temperature control for safety, including but not limited to:

(i) Double crust pies;

(ii) Yeast breads;

(iii) Biscuits, brownies, cookies, muffins; and

(iv) Cakes that do not require refrigeration or temperature-controlled environment; and

(v) Other goods as defined by the department.

(4) Each cottage food manufacturer shall be registered with the department of health and

shall require a notarized affidavit of compliance, in any form that the department may require, from

the applicant that the requirements of this section have been met and the operation of the kitchen

shall be in conformity with the requirements of this section. Prior to the initial registration, each

cottage food manufacturer is required to successfully complete a Food Safety Manager Course, any

American Standards Institute approved food handler course, or any other course approved by the

department. A certificate of registration shall be issued by the department upon the payment of a

fee as set forth in § 23-1-54 and the submission of an affidavit of compliance. The certificate of

registration shall be valid for one year after the date of issuance; provided, however, that the

certificate may be revoked by the director at any time for noncompliance with the requirements of

the section. The certificate of registration, with a copy of the affidavit of compliance, shall be kept

in the kitchen where the cottage food manufacture takes place. The director of health shall have the

authority to develop and issue a standard form for the affidavit of compliance to be used by persons

applying for a certificate of registration; the form shall impose no requirements or certifications

beyond those set forth in this section and § 21-27-1(6) 21-27-6.1. No certificates of registration

shall be issued by the department prior to November 1, 2022.

(5) No such operation shall engage in consignment or wholesale sales. The following

additional locational sales by any such cottage food operation shall be prohibited: (i) Grocery

stores; (ii) Restaurants; (iii) Long-term-care facilities; (iv) Group homes; (v) Daycare facilities;

and (vi) Schools. Advertising and sales by internet, mail, and phone are permissible, provided the

cottage food licensee or their designee shall deliver, in person, to the customer within the state.

(6) Total annual gross sales for a cottage food operation shall not exceed fifty thousand

dollars ($50,000) per calendar year. If annual gross sales exceed the maximum annual gross sales

amount allowed, the cottage food registrant shall either obtain a food processor license or cease

operations. The director of health shall request documentation to verify the annual gross sales figure

of any cottage food operation.

(7) Sales on all cottage foods are subject to applicable sales tax pursuant to § 44-18-7.

(8) The director of health or designee may inspect a cottage food operation at any time to

ensure compliance with the provisions of this section. Nothing in this section shall be construed to

prohibit the director of health or designee of the director from investigating the registered area of a

cottage food operation in response to a foodborne illness outbreak, consumer complaint, or other

public health emergency.

SECTION 7. Section 21-28.6-12 of the General Laws in Chapter 21-28.6 entitled "The

Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as

follows:

21-28.6-12. Compassion centers.

(a) A compassion center licensed under this section may acquire, possess, cultivate,

manufacture, deliver, transfer, transport, supply, or dispense medical marijuana, or related supplies

and educational materials, to registered qualifying patients and their registered primary caregivers

or authorized purchasers, or out-of-state patient cardholders or other marijuana establishment

licensees. Except as specifically provided to the contrary, all provisions of this chapter (the Edward

O. Hawkins and Thomas C. Slater medical marijuana act), apply to a compassion center unless the

provision(s) conflict with a provision contained in this section.

(b) License of compassion centers — authority of the departments of health and

business regulation:

(1) Not later than ninety (90) days after the effective date of this chapter, the department

of health shall promulgate regulations governing the manner in which it shall consider applications

for licenses for compassion centers, including regulations governing:

(i) The form and content of license and renewal applications;

(ii) Minimum oversight requirements for compassion centers;

(iii) Minimum record-keeping requirements for compassion centers;

(iv) Minimum security requirements for compassion centers; and

(v) Procedures for suspending, revoking, or terminating the license of compassion centers

that violate the provisions of this section or the regulations promulgated pursuant to this subsection.

(2) Within ninety (90) days of the effective date of this chapter, the department of health

shall begin accepting applications for the operation of a single compassion center.

(3) Within one hundred fifty (150) days of the effective date of this chapter, the department

of health shall provide for at least one public hearing on the granting of an application to a single

compassion center.

(4) Within one hundred ninety (190) days of the effective date of this chapter, the

department of health shall grant a single license to a single compassion center, providing at least

one applicant has applied who meets the requirements of this chapter.

(5) If at any time after fifteen (15) months after the effective date of this chapter, there is

no operational compassion center in Rhode Island, the department of health shall accept

applications, provide for input from the public, and issue a license for a compassion center if a

qualified applicant exists.

(6) Within two (2) years of the effective date of this chapter, the department of health shall

begin accepting applications to provide licenses for two (2) additional compassion centers. The

department shall solicit input from the public, and issue licenses if qualified applicants exist.

(7)(i) Any time a compassion center license is revoked, is relinquished, or expires on or

before December 31, 2016, the department of health shall accept applications for a new compassion

center.

(ii) Any time a compassion center license is revoked, is relinquished, or expires on or after

January 1, 2017, the department of business regulation shall accept applications for a new

compassion center.

(8)(i) If at any time after three (3) years after the effective date of this chapter and on or

before December 31, 2016, fewer than three (3) compassion centers are holding valid licenses in

Rhode Island, the department of health shall accept applications for a new compassion center. If at

any time on or after January 1, 2017, fewer than three (3) compassion centers are holding valid

licenses in Rhode Island, the department of business regulation shall accept applications for a new

compassion center. There shall be nine (9) compassion centers that may hold valid licenses at one

time. If at any time on or after July 1, 2019, fewer than nine (9) compassion centers are holding

valid licenses in Rhode Island, the department of business regulation shall accept applications for

new compassion centers and shall continue the process until nine (9) licenses have been issued by

the department of business regulation.

(9) Any compassion center application selected for approval by the department of health

on or before December 31, 2016, or selected for approval by the department of business regulation

on or after January 1, 2017, shall remain in full force and effect, notwithstanding any provisions of

this chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations

adopted by the departments of health and business regulation subsequent to passage of this

legislation.

(10) A licensed cultivator may apply for, and be issued, an available compassion center

license, provided that the licensed cultivation premises is disclosed on the compassion center

application as the permitted second location for growing medical marijuana in accordance with

subsection (c)(i) (c)(1)(iii) of this section. If a licensed cultivator is issued an available compassion

center license, their cultivation facility license will merge with and into their compassion center

license in accordance with regulations promulgated by the department of business regulation. Once

merged, the cultivation of medical marijuana may then be conducted under the compassion center

license in accordance with this section and the cultivation license will be considered null and void

and of no further force or effect.

(1) Each application for a compassion center shall be submitted in accordance with

regulations promulgated by the department of business regulation and shall include, but not be

limited to:

(i) A non-refundable application fee paid to the department in the amount of ten thousand

dollars ($10,000);

(ii) The proposed legal name and proposed articles of incorporation of the compassion

center;

(iii) The proposed physical address of the compassion center, if a precise address has been

determined, or, if not, the general location where it would be located. This may include a second

location for the cultivation of medical marijuana;

(iv) A description of the enclosed, locked facility that would be used in the cultivation of

medical marijuana;

(v) The name, address, and date of birth of each principal officer and board member of the

compassion center;

(vi) Proposed security and safety measures that shall include at least one security alarm

system for each location, planned measures to deter and prevent the unauthorized entrance into

areas containing marijuana and the theft of marijuana, as well as a draft, employee-instruction

manual including security policies, safety and security procedures, personal safety, and crime-

prevention techniques; and

(vii) Proposed procedures to ensure accurate record keeping.

(2)(i) For applications submitted on or before December 31, 2016, any time one or more

compassion center license applications are being considered, the department of health shall also

allow for comment by the public and shall solicit input from registered qualifying patients,

registered primary caregivers, and the towns or cities where the applicants would be located;

(ii) For applications submitted on or after January 1, 2017, any time one or more

compassion center license applications are being considered, the department of business regulation

shall also allow for comment by the public and shall solicit input from registered qualifying

patients, registered primary caregivers, and the towns or cities where the applicants would be

located.

(3) Each time a new compassion center license is issued, the decision shall be based upon

the overall health needs of qualified patients and the safety of the public, including, but not limited

to, the following factors:

(i) Convenience to patients from areas throughout the state of Rhode Island;

(ii) The applicant’s ability to provide a steady supply to the registered qualifying patients

in the state;

(iii) The applicant’s experience running a non-profit or business;

(iv) The interests of qualifying patients regarding which applicant be granted a license;

(v) The interests of the city or town where the dispensary would be located taking into

consideration need and population;

(vi) Nothing herein shall prohibit more than one compassion center being geographically

located in any city or town;

(vii) The sufficiency of the applicant’s plans for record keeping and security, which records

shall be considered confidential healthcare information under Rhode Island law and are intended

to be deemed protected healthcare information for purposes of the Federal Health Insurance

Portability and Accountability Act of 1996, as amended; and

(viii) The sufficiency of the applicant’s plans for safety and security, including proposed

location, security devices employed, and staffing.

(4) A compassion center approved by the department of health on or before December 31,

2016, shall submit the following to the department before it may begin operations:

(i) A fee paid to the department in the amount of five thousand dollars ($5,000);

(ii) The legal name and articles of incorporation of the compassion center;

(iii) The physical address of the compassion center; this may include a second address for

the secure cultivation of marijuana;

(iv) The name, address, and date of birth of each principal officer and board member of the

compassion center; and

(v) The name, address, and date of birth of any person who will be an agent of, employee,

or volunteer of the compassion center at its inception.

(5)(i) A compassion center approved or renewed by the department of business regulation

on or after January 1, 2017, but before July 1, 2019, shall submit materials pursuant to regulations

promulgated by the department of business regulation before it may begin operations:

(A) A fee paid to the department in the amount of five thousand dollars ($5,000);

(B) The legal name and articles of incorporation of the compassion center;

the secure cultivation of medical marijuana;

(D) The name, address, and date of birth of each principal officer and board member of the

compassion center;

(E) The name, address, and date of birth of any person who will be an agent, employee, or

volunteer of the compassion center at its inception.

(ii) A compassion center approved or renewed by the department of business regulation on

or after July 1, 2019, shall submit materials pursuant to regulations promulgated by the department

of business regulation before it may begin operations, which shall include but not be limited to:

(A) A fee paid to the department in the amount of five hundred thousand dollars

($500,000);

(B) The legal name and articles of incorporation of the compassion center;

the secure cultivation of medical marijuana;

(D) The name, address, and date of birth of each principal officer and board member of the

compassion center, and any person who has a direct or indirect ownership interest in any marijuana

establishment licensee, which ownership interest shall include, but not be limited to, any interests

arising pursuant to the use of shared management companies, management agreements or other

agreements that afford third-party management or operational control, or other familial or business

relationships between compassion center or cultivator owners, members, officers, directors,

managers, investors, agents, or key persons that effect dual license interests as determined by the

department of business regulation;

(E) The name, address, and date of birth of any person who will be an agent, employee, or

volunteer of the compassion center at its inception.

(6) Except as provided in subsection (c)(7) of this section, the department of health or the

department of business regulation shall issue each principal officer, board member, agent,

volunteer, and employee of a compassion center a registry identification card or renewal card after

receipt of the person’s name, address, date of birth; a fee in an amount established by the department

of health or the department of business regulation; and, except in the case of an employee,

notification to the department of health or the department of business regulation by the department

of public safety division of state police, attorney general’s office, or local law enforcement that the

registry identification card applicant has not been convicted of a felony drug offense or has not

entered a plea of nolo contendere for a felony drug offense and received a sentence of probation.

Each card shall specify that the cardholder is a principal officer, board member, agent, volunteer,

or employee of a compassion center and shall contain the following:

(i) The name, address, and date of birth of the principal officer, board member, agent,

volunteer, or employee;

(ii) The legal name of the compassion center to which the principal officer, board member,

agent, volunteer, or employee is affiliated;

(iii) A random identification number that is unique to the cardholder;

(iv) The date of issuance and expiration date of the registry identification card; and

(v) A photograph, if the department of health or the department of business regulation

decides to require one.

(7) Except as provided in this subsection, neither the department of health nor the

department of business regulation shall issue a registry identification card to any principal officer,

board member, or agent, of a compassion center who has been convicted of a felony drug offense

or has entered a plea of nolo contendere for a felony drug offense and received a sentence of

probation. If a registry identification card is denied, the compassion center will be notified in

writing of the purpose for denying the registry identification card. A registry identification card

may be granted if the offense was for conduct that occurred prior to the enactment of the Edward

O. Hawkins and Thomas C. Slater medical marijuana act or that was prosecuted by an authority

other than the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater

medical marijuana act would otherwise have prevented a conviction.

(i) All registry identification card applicants shall apply to the department of public safety

division of state police, the attorney general’s office, or local law enforcement for a national

criminal identification records check that shall include fingerprints submitted to the federal bureau

of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo

contendere for a felony drug offense with a sentence of probation, and in accordance with the rules

promulgated by the department of health and the department of business regulation, the department

of public safety division of state police, the attorney general’s office, or local law enforcement shall

inform the applicant, in writing, of the nature of the felony and the department of public safety

division of state police shall notify the department of health or the department of business

regulation, in writing, without disclosing the nature of the felony, that a felony drug offense

conviction or a plea of nolo contendere for a felony drug offense with probation has been found.

(ii) In those situations in which no felony drug offense conviction or plea of nolo

contendere for a felony drug offense with probation has been found, the department of public safety

division of state police, the attorney general’s office, or local law enforcement shall inform the

applicant and the department of health or the department of business regulation, in writing, of this

fact.

(iii) All registry identification card applicants, except for employees with no ownership,

equity, financial interest, or managing control of a marijuana establishment license, shall be

responsible for any expense associated with the criminal background check with fingerprints.

(8) A registry identification card of a principal officer, board member, agent, volunteer,

employee, or any other designation required by the department of business regulation shall expire

one year after its issuance, or upon the expiration of the licensed organization’s license, or upon

the termination of the principal officer, board member, agent, volunteer, or employee’s relationship

with the compassion center, whichever occurs first.

(9) A compassion center cardholder shall notify and request approval from the department

of business regulation of any change in his or her name or address within ten (10) days of the

change. A compassion center cardholder who fails to notify the department of business regulation

of any of these changes is responsible for a civil infraction, punishable by a fine of no more than

one hundred fifty dollars ($150).

(10) When a compassion center cardholder notifies the department of health or the

department of business regulation of any changes listed in this subsection, the department shall

issue the cardholder a new registry identification card within ten (10) days of receiving the updated

information and a ten-dollar ($10.00) fee.

(11) If a compassion center cardholder loses his or her registry identification card, he or

she shall notify the department of health or the department of business regulation and submit a ten-

dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department

shall issue a new registry identification card with new random identification number.

(12) On or before December 31, 2016, a compassion center cardholder shall notify the

department of health of any disqualifying criminal convictions as defined in subsection (c)(7) of

this section. The department of health may choose to suspend and/or revoke his or her registry

identification card after the notification.

(13) On or after January 1, 2017, a compassion center cardholder shall notify the

department of business regulation of any disqualifying criminal convictions as defined in

subsection (c)(7) of this section. The department of business regulation may choose to suspend

and/or revoke his or her registry identification card after the notification.

(14) If a compassion center cardholder violates any provision of this chapter or regulations

promulgated hereunder as determined by the departments of health and business regulation, his or

her registry identification card may be suspended and/or revoked.

(d) Expiration or termination of compassion center:

(1) On or before December 31, 2016, a compassion center’s license shall expire two (2)

years after its license is issued. On or after January 1, 2017, a compassion center’s license shall

expire one year after its license is issued. The compassion center may submit a renewal application

beginning sixty (60) days prior to the expiration of its license.

(2) The department of health or the department of business regulation shall grant a

compassion center’s renewal application within thirty (30) days of its submission if the following

conditions are all satisfied:

(i) The compassion center submits the materials required under subsections (c)(4) and

(c)(5) of this section, including a five-hundred-thousand-dollar ($500,000) fee;

(ii) The compassion center’s license has never been suspended for violations of this chapter

or regulations issued pursuant to this chapter; and

(iii) The department of business regulation finds that the compassion center is adequately

providing patients with access to medical marijuana at reasonable rates.

(3) If the department of health or the department of business regulation determines that any

of the conditions listed in subsections (d)(2)(i) — (iii) of this section have not been met, the

department may begin an open application process for the operation of a compassion center. In

granting a new license, the department of health or the department of business regulation shall

consider factors listed in subsection (c)(3) of this section.

(4) The department of business regulation shall issue a compassion center one or more

thirty-day (30) temporary licenses after that compassion center’s license would otherwise expire if

the following conditions are all satisfied:

(i) The compassion center previously applied for a renewal, but the department had not yet

come to a decision;

(ii) The compassion center requested a temporary license; and

(iii) The compassion center has not had its license suspended or revoked due to violations

of this chapter or regulations issued pursuant to this chapter.

(5) A compassion center’s license shall be denied, suspended, or subject to revocation if

the compassion center:

(i) Possesses an amount of marijuana exceeding the limits established by this chapter;

(ii) Is in violation of the laws of this state;

(iii) Is in violation of other departmental regulations;

(iv) Employs or enters into a business relationship with a medical practitioner who provides

written certification of a qualifying patient’s medical condition; or

(v) If any compassion center owner, member, officer, director, manager, investor, agent,

or key person as defined in regulations promulgated by the department of business regulation, has

any interest, direct or indirect, in another compassion center or another licensed cultivator, except

as permitted in subsection (b)(10) of this section or pursuant to § 21-28.11-19. Prohibited interests

shall also include interests arising pursuant to the use of shared management companies,

management agreements, or other agreements that afford third-party management or operational

control, or other familial or business relationships between compassion center or cultivator owners,

members, officers, directors, managers, investors, agents, or key persons that effect dual license

interests as determined by the department of business regulation.

(e) Inspection. Compassion centers are subject to reasonable inspection by the department

of health, division of facilities regulation, and the department of business regulation. During an

inspection, the departments may review the compassion center’s confidential records, including its

dispensing records, which shall track transactions according to qualifying patients’ registry

identification numbers to protect their confidentiality.

(f) Compassion center requirements:

(1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit

of its patients. A compassion center need not be recognized as a tax-exempt organization by the

Internal Revenue Service. A compassion center shall be subject to regulations promulgated by the

department of business regulation for general operations and record keeping, which shall include,

but not be limited to:

(i) Minimum security and surveillance requirements;

(ii) Minimum requirements for workplace safety and sanitation;

(iii) Minimum requirements for product safety and testing;

(iv) Minimum requirements for inventory tracking and monitoring;

(v) Minimum requirements for the secure transport and transfer of medical marijuana;

(vi) Minimum requirements to address odor mitigation;

(vii) Minimum requirements for product packaging and labeling;

(viii) Minimum requirements and prohibitions for advertising;

(ix) Minimum requirements for the testing and destruction of marijuana. Wherever

destruction of medical marijuana and medical marijuana product is required to bring a person or

entity into compliance with any provision of this chapter, any rule or regulation promulgated

thereunder, or any administrative order issued in accordance therewith, the director of the

department of business regulation may designate his or her employees or agents to facilitate the

destruction;

(x) A requirement that if a compassion center violates this chapter, or any regulation

thereunder, and the department of business regulation determines that violation does not pose an

immediate threat to public health or public safety, the compassion center shall pay to the department

of business regulation a fine of no less than five-hundred dollars ($500); and

(xi) A requirement that if a compassion center violates this chapter, or any regulation

promulgated hereunder, and the department of business regulation determines that the violation

poses an immediate threat to public health or public safety, the compassion center shall pay to the

department of business regulation a fine of no less than two thousand dollars ($2,000) and the

department shall be entitled to pursue any other enforcement action provided for under this chapter

and the regulations.

(2) A compassion center may not be located within one thousand feet (1,000′) of the

property line of a preexisting public or private school.

(3) On or before December 31, 2016, a compassion center shall notify the department of

health within ten (10) days of when a principal officer, board member, agent, volunteer, or

employee ceases to work at the compassion center. On or after January 1, 2017, a compassion

center shall notify the department of business regulation within ten (10) days of when a principal

officer, board member, agent, volunteer, or employee ceases to work at the compassion center. His

or her card shall be deemed null and void and the person shall be liable for any penalties that may

apply to any nonmedical possession or use of marijuana by the person.

(4)(i) On or before December 31, 2016, a compassion center shall notify the department of

health in writing of the name, address, and date of birth of any new principal officer, board member,

agent, volunteer, or employee and shall submit a fee in an amount established by the department

for a new registry identification card before that person begins his or her relationship with the

compassion center;

(ii) On or after January 1, 2017, a compassion center shall notify the department of business

regulation, in writing, of the name, address, and date of birth of any new principal officer, board

member, agent, volunteer, or employee and shall submit a fee in an amount established by the

department of business regulation for a new registry identification card before that person begins

his or her relationship with the compassion center;

(5) A compassion center shall implement appropriate security measures to deter and

prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and

shall ensure that each location has an operational security alarm system. Each compassion center

shall request that the department of public safety division of state police visit the compassion center

to inspect the security of the facility and make any recommendations regarding the security of the

facility and its personnel within ten (10) days prior to the initial opening of each compassion center.

The recommendations shall not be binding upon any compassion center, nor shall the lack of

implementation of the recommendations delay or prevent the opening or operation of any center.

If the department of public safety division of state police does not inspect the compassion center

within the ten-day (10) period, there shall be no delay in the compassion center’s opening.

(6) The operating documents of a compassion center shall include procedures for the

oversight of the compassion center and procedures to ensure accurate record keeping.

(7) A compassion center is prohibited from acquiring, possessing, cultivating,

manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any

purpose except to assist patient cardholders with the medical use of marijuana directly or through

the qualifying patient’s primary caregiver or authorized purchaser. This provision shall not apply

to hybrid cannabis retailers authorized pursuant to the provisions of § 21-28.11-10.

(8) All principal officers and board members of a compassion center must be residents of

the state of Rhode Island.

(9) Each time a new, registered, qualifying patient visits a compassion center, it shall

provide the patient with a frequently-asked-questions sheet, designed by the department, that

explains the limitations on the right to use medical marijuana under state law.

(10) Effective July 1, 2017, each compassion center shall be subject to any regulations

promulgated by the departments of health and business regulation that specify how marijuana must

be tested for items, included but not limited to, cannabinoid profile and contaminants.

(11) Effective January 1, 2017, each compassion center shall be subject to any product

labeling requirements promulgated by the department of business regulation.

(12) Each compassion center shall develop, implement, and maintain on the premises

employee, volunteer, and agent policies and procedures to address the following requirements:

(i) A job description or employment contract developed for all employees and agents, and

a volunteer agreement for all volunteers, that includes duties, authority, responsibilities,

qualifications, and supervision; and

(ii) Training in, and adherence to, state confidentiality laws.

(13) Each compassion center shall maintain a personnel record for each employee, agent,

and volunteer that includes an application and a record of any disciplinary action taken.

(14) Each compassion center shall develop, implement, and maintain on the premises an

on-site training curriculum, or enter into contractual relationships with outside resources capable

of meeting employee training needs, that includes, but is not limited to, the following topics:

(i) Professional conduct, ethics, and patient confidentiality; and

(ii) Informational developments in the field of medical use of marijuana.

(15) Each compassion center entity shall provide each employee, agent, and volunteer, at

the time of his or her initial appointment, training in the following:

(i) The proper use of security measures and controls that have been adopted; and

(ii) Specific procedural instructions on how to respond to an emergency, including robbery

or violent accident.

(16) All compassion centers shall prepare training documentation for each employee and

volunteer and have employees and volunteers sign a statement indicating the date, time, and place

the employee and volunteer received the training and topics discussed, to include name and title of

presenters. The compassion center shall maintain documentation of an employee’s and a

volunteer’s training for a period of at least six (6) months after termination of an employee’s

employment or the volunteer’s volunteering.

(g) Maximum amount of usable marijuana to be dispensed:

(1) A compassion center or principal officer, board member, agent, volunteer, or employee

of a compassion center may not dispense more than two and one-half ounces (2.5 oz.) of usable

marijuana, or its equivalent, to a qualifying patient directly or through a qualifying patient’s

primary caregiver or authorized purchaser during a fifteen-day (15) period.

(2) A compassion center or principal officer, board member, agent, volunteer, or employee

of a compassion center may not dispense an amount of usable marijuana, or its equivalent, to a

patient cardholder, qualifying patient, a qualifying patient’s primary caregiver, or a qualifying

patient’s authorized purchaser that the compassion center, principal officer, board member, agent,

volunteer, or employee knows would cause the recipient to possess more marijuana than is

permitted under the Edward O. Hawkins and Thomas C. Slater medical marijuana act.

(3) Compassion centers shall utilize a database administered by the departments of health

and business regulation. The database shall contain all compassion centers’ transactions according

to qualifying patients’, authorized purchasers’, and primary caregivers’ registry identification

numbers to protect the confidentiality of patient personal and medical information. Compassion

centers will not have access to any applications or supporting information submitted by qualifying

patients, authorized purchasers or primary caregivers. Before dispensing marijuana to any patient

or authorized purchaser, the compassion center must utilize the database to ensure that a qualifying

patient is not dispensed more than two and one-half ounces (2.5 oz.) of usable marijuana or its

equivalent directly or through the qualifying patient’s primary caregiver or authorized purchaser

during a fifteen-day (15) period.

(4) A compassion center operating as a hybrid cannabis retailer authorized to conduct adult

use cannabis sales pursuant to the provisions of § 21-28.11-10 may sell up to one ounce (1 oz.) of

cannabis to a person at least twenty-one (21) years of age as an intended consumer, in accordance

with the provisions of chapter 28.11 of title 21.

(h) Immunity:

(1) No licensed compassion center shall be subject to prosecution; search, except by the

departments pursuant to subsection (e) of this section; seizure; or penalty in any manner, or denied

any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business,

occupational, or professional licensing board or entity, solely for acting in accordance with this

section to assist registered qualifying patients.

(2) No licensed compassion center shall be subject to prosecution, seizure, or penalty in

any manner, or denied any right or privilege, including, but not limited to, civil penalty or

disciplinary action, by a business, occupational, or professional licensing board or entity, for

selling, giving, or distributing marijuana in whatever form, and within the limits established by, the

department of health or the department of business regulation to another registered compassion

center.

(3) No principal officers, board members, agents, volunteers, or employees of a registered

compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any manner,

or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by

a business, occupational, or professional licensing board or entity, solely for working for or with a

compassion center to engage in acts permitted by this section.

(4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or

denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,

termination, or loss of employee or pension benefits, for any and all conduct that occurs within the

scope of his or her employment regarding the administration, execution and/or enforcement of this

act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.

(i) Prohibitions:

(1) A compassion center must limit its inventory of seedlings, plants, and marijuana to

reflect the projected needs of qualifying patients;

(2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a

person other than a patient cardholder or to a qualified patient’s primary caregiver or authorized

purchaser. This provision shall not apply to hybrid cannabis retailers authorized pursuant to the

provisions of § 21-28.11-10;

(3) A compassion center may not procure, purchase, transfer, or sell marijuana to or from

any entity other than a marijuana establishment licensee in accordance with the provisions of this

chapter and chapter 28.11 of title 21 and the rules and regulations promulgated by the commission;

(4) A person found to have violated subsection (h)(2) (i)(2) or (h)(3) (i)(3) of this section

may not be an employee, agent, volunteer, principal officer, or board member of any compassion

center;

(5) An employee, agent, volunteer, principal officer or board member of any compassion

center found in violation of subsection (h)(2) (i)(2) or (h)(3) (i)(3) of this section shall have his or

her registry identification revoked immediately;

(6) No person who has been convicted of a felony drug offense or has entered a plea of

nolo contendere for a felony drug offense with a sentence of probation may be the principal officer,

board member, or agent of a compassion center unless the department has determined that the

person’s conviction was for the medical use of marijuana or assisting with the medical use of

marijuana in accordance with the terms and conditions of this chapter. A person who is employed

by or is an agent, volunteer, principal officer, or board member of a compassion center in violation

of this section is guilty of a civil violation punishable by a fine of up to one thousand dollars

($1,000). A subsequent violation of this section is a misdemeanor; and

(7) After March 1, 2023, and in accordance with a timeline established by the commission,

no compassion center shall accept any out-of-state medical marijuana card unless the patient also

possesses and produces a valid government identification demonstrating residency in the same state

that issued the medical marijuana card.

(j) Legislative oversight committee:

(1) The general assembly shall appoint a nine-member (9) oversight committee comprised

of: one member of the house of representatives; one member of the senate; one physician to be

selected from a list provided by the Rhode Island medical society; one nurse to be selected from a

list provided by the Rhode Island state nurses association; two (2) registered qualifying patients;

one registered primary caregiver; one patient advocate to be selected from a list provided by the

Rhode Island patient advocacy coalition; and the superintendent of the department of public safety,

or his/her designee.

(2) The oversight committee shall meet at least six (6) times per year for the purpose of

evaluating and making recommendations to the general assembly regarding:

(i) Patients’ access to medical marijuana;

(ii) Efficacy of compassion centers;

(iii) Physician participation in the Medical Marijuana Program;

(iv) The definition of qualifying medical condition; and

(v) Research studies regarding health effects of medical marijuana for patients.

(3) On or before January 1 of every even numbered year, the oversight committee shall

report to the general assembly on its findings.

(k) License required. No person or entity shall engage in activities described in this section

without a compassion center license issued by the department of business regulation.

SECTION 8. Sections 21-28.10-3, 21-28.10-4 and 21-28.10-7 of the General Laws in

Chapter 21-28.10 entitled "Opioid Stewardship Act" are hereby amended to read as follows:

21-28.10-3. Determination of market share and registration fee.

(1) The total opioid stewardship fund amount shall be five million dollars ($5,000,000)

annually, subject to downward adjustments pursuant to § 21-28.10-7.

(2) Each manufacturer’s, distributor’s, and wholesaler’s annual opioid registration fee shall

be based on that licensee’s in-state market share.

(3) The following sales will not be included when determining a manufacturer’s,

distributor’s, or wholesaler’s market share:

(i) The gross, in-state opioid sales attributed to the sale of buprenorphine or methadone;

(ii) The gross, in-state opioid sales sold or distributed directly to opioid treatment programs,

data-waivered practitioners, or hospice providers licensed pursuant to chapter 17 of title 23;

(iii) Any sales from those opioids manufactured in Rhode Island, but whose final point of

delivery or sale is outside of Rhode Island;

(iv) Any sales of anesthesia or epidurals as defined in regulation by the department of

health; and

(v) Any in-state intracompany transfers of opioids between any division, affiliate,

subsidiary, parent, or other entity under complete and common ownership and control.

(4) The executive office shall provide to the licensee, in writing, on or before October 15

annually, the licensee’s market share for the previous calendar year. The executive office shall

notify the licensee, in writing, on or before October 15 of each year, of its market share for the prior

calendar year based on the opioids sold or distributed for the prior calendar year.

21-28.10-4. Reports and records.

(a) Each manufacturer, distributor, and wholesaler licensed to manufacture or distribute

opioids in the state of Rhode Island shall provide to the secretary a report detailing all opioids sold

or distributed by that manufacturer or distributor in the state of Rhode Island. Such report shall

include:

(1) The manufacturer’s, distributor’s, or wholesaler’s name, address, phone number, DEA

registration number, and controlled substance license number issued by the department of health;

(2) The name, address, and DEA registration number of the entity to whom the opioid was

sold or distributed;

(3) The date of the sale or distribution of the opioids;

(4) The gross receipt total, in dollars, of all opioids sold or distributed;

(5) The name and National Drug Code of the opioids sold or distributed;

(6) The number of containers and the strength and metric quantity of controlled substance

in each container of the opioids sold or distributed; and

(7) Any other elements as deemed necessary or advisable by the secretary.

(b) Initial and future reports. This information shall be reported annually to the executive

office via ARCOS or in such other form as defined or approved by the secretary; provided,

however, that the initial report provided pursuant to subsection (a) shall consist of all opioids sold

or distributed in the state of Rhode Island for the 2018 calendar year, and shall be submitted by

September 1, 2019. Subsequent annual reports shall be submitted by April 15 of each year based

on the actual opioid sales and distributions of the prior calendar year.

21-28.10-7. Licensee opportunity to appeal.

(a) A licensee shall be afforded an opportunity to submit information to the secretary

documenting or evidencing that the market share provided to the licensee (or amounts paid

thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The executive

office may consider and examine such additional information that it determines to be reasonably

related to resolving the calculation of a licensee’s market share, which may require the licensee to

provide additional materials to the executive office. If the executive office determines thereafter

that all or a portion of such market share, as determined by the secretary pursuant to § 21-28.10-

3(4), is not warranted, the executive office may:

(1) Adjust the market share;

(2) Adjust the assessment of the market share in the following year equal to the amount in

excess of any overpayment in the prior payment period; or

(3) Refund amounts paid in error.

(b) Any person aggrieved by a decision of the executive office relating to the calculation

of market share may appeal that decision to the superior court, which shall have power to review

such decision, and the process by which such decision was made, as prescribed in chapter 35 of

title 42.

assessed fee amount exceeds the amount of profit the licensee obtains through sales in the state of

products described in § 21-28.10-3. The executive office may, exercising discretion as it deems

appropriate, waive or decrease fees as assessed pursuant to § 21-28.10-3 if a licensee can

demonstrate that the correctly assessed payment will pose undue hardship to the licensee’s

continued activities in the state. The executive office shall be allowed to request, and the licensee

shall furnish to the department executive office, any information or supporting documentation

validating the licensee’s request for waiver or reduction under this subsection. Fees waived under

this section shall not be reapportioned to other licensees which have payments due under this

chapter.

SECTION 9. Section 21-28.11-7 of the General Laws in Chapter 21-28.11 entitled "The

Rhode Island Cannabis Act" is hereby amended to read as follows:

21-28.11-7. Licensed cannabis cultivators.

(a) Except as provided pursuant to the provisions of subsection (b) of this section or § 21-

28.11-8, there shall be a moratorium on the issuance of new cannabis cultivator licenses until the

date that is two (2) years following the final issuance of the commission’s rules and regulations

pursuant to the provisions of this chapter. This moratorium shall not apply to cannabis cultivators

licensed pursuant to chapter 28.6 of this title on or before enactment of this chapter.

(b) On August 1, 2022 and thereafter, any medical marijuana cultivator licensed or

approved pursuant to the provisions of § 21-28.6-16, upon payment of an additional license fee,

shall be permitted to cultivate, manufacture and process cannabis as a hybrid cannabis cultivator

for both adult use and medical use. The amount of the additional license fee shall be determined by

the office of cannabis regulation during the transitional period established by § 21-28.11-10 and

shall be subject to review by the commission pursuant to the final rules and regulations. The fee

shall be deposited in the social equity fund established in § 21-28.11-31. Sale of the cultivated

cannabis shall be made directly to a licensee pursuant to the provisions of this chapter and chapter

28.6 of this title, subject to the following conditions:

(1) The cultivator must be in good standing and maintain the cultivator license pursuant to

the provisions of chapter 28.6 of this title; and

(2) The cultivator must make good faith efforts to ensure the adult use cannabis production

portion of the cultivation operation has no significant adverse effect on the medical marijuana

program and patient needs.

the advisory board, as required, shall submit a report to the general assembly which evaluates the

cultivation of adult use and medical cannabis. The report shall consider factors, including, but not

limited to:

(1) Cultivation and production history;

(2) Tax payment history;

(3) Existing inventory and inventory history;

(4) Sales contracts;

(5) Current and future projected market conditions; and

(6) Any other factors relevant to ensuring responsible cultivation, production, and

inventory management for both medical and adult use cannabis.

(d) Upon expiration of the moratorium pursuant to this section, the commission may adopt

rules and regulations authorizing issuance of additional cultivator licenses; provided, however, a

new cultivator licensee’s canopy shall not exceed ten thousand square feet (10,000 ft2). In

determining whether to issue additional cultivator licenses, the cannabis control commission shall

consider the findings of the report submitted pursuant to subsection (c) of this section.

(e) For the purposes of this section, “canopy” means the total surface area within a

cultivation area that is dedicated to the cultivation of mature cannabis plants. The surface area of

the canopy must be calculated in square feet and measured using the outside boundaries of the area

and must include all of the area within the boundaries. If the surface area of the canopy consists of

noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered

or shelving system is used in the cultivation area, the surface area of each tier or shelf must be

included in calculating the area of the canopy. The canopy does not include the areas within the

cultivation area that are used to cultivate immature cannabis plants and seedlings and that are not

used at any time to cultivate mature cannabis plants.

(f) To qualify for issuance of any cannabis cultivator license under subsection (d) of this

section, an applicant shall satisfy all requirements and qualifications established by the commission

to include but not limited to, the following:

(1) Apply for a license in a manner prescribed by the commission;

(2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident

of the state;

(3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any

terms established by the commission;

(4) Provide proof that the applicant is current with and in compliance with all obligations

required by the division of taxation, including filings and payment of taxes;

(5) Has provided a nonrefundable application fee as determined by the commission;

(6) Shall consent and be subject to inspections by the commission for the purposes of

ensuring and enforcing compliance with this chapter and all rules and regulations promulgated

pursuant to this chapter; and

(7) Prior to the issuance of any license and for any period of renewal, the applicant shall

submit an annual license fee pursuant to subsection (b) of this section to be deposited in the social

equity fund established in § 21-28.11-31.

(g) The commission may determine and adjust the application fee or annual license fee

pursuant to the commission’s rulemaking authority and in accordance with the provisions of chapter

35 of title 42.

(h) Every individual cannabis plant possessed by a licensed cannabis cultivator shall be

catalogued in a seed-to-sale inventory tracking system. The commission shall review the current

seed-to-sale tracking system utilized pursuant to chapter 28.6 of this title and promulgate new or

additional regulations, as it deems appropriate. As of December 1, 2022, any cannabis tags issued

to provide seed-to-sale inventory and tracking shall be issued without charge to patient cardholders

and/or primary caregivers authorized to grow medical cannabis.

(i) Notwithstanding any other provisions of the general laws, the manufacture of cannabis

using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent

by a licensed cannabis cultivator shall not be subject to the protections of this chapter.

(j) Cannabis cultivators shall sell cannabis only to an entity licensed pursuant to the

provisions of this chapter or chapter 28.6 of this title.

(k) Cannabis cultivators shall be licensed to grow cannabis only at a location or locations

registered with and approved by the cannabis commission. The commission may promulgate

regulations governing locations where cultivators are authorized to grow. Cannabis cultivators shall

abide by all local ordinances, including zoning ordinances.

(l) As a condition of licensing, cannabis cultivators shall consent and be subject to

inspection by the commission for the purposes of ensuring and enforcing compliance with this

chapter and chapter 28.6 of this title, all rules and regulations promulgated pursuant to this chapter,

and the provisions of § 28-5.1-14.

(m) Persons issued cultivator licenses shall be subject to the following:

(1) A licensed cannabis cultivator shall notify and request approval from the commission

of any change in his or her name or address within ten (10) days of the change. A licensed cannabis

cultivator who fails to notify the commission of any of these changes commits shall be subject to

an administrative fine of no more than one hundred fifty dollars ($150), or other penalty as

determined by the commission.

(2) When a licensed cannabis cultivator notifies the commission of any changes listed in

this subsection, the commission shall issue the licensed cannabis cultivator a new license

identification document after the commission approves the changes and receives from the licensee

payment of a fee specified in regulations.

(3) If a licensed cannabis cultivator loses his or her license or certification document, he or

she shall notify the commission and submit a fee specified in regulation within ten (10) days of

losing the document. The commission shall issue a new license document with a new random

identification number, upon receipt of payment of a fee promulgated in the rules and regulations

not to exceed the amount of one hundred dollars ($100).

(4) A licensed cannabis cultivator has a continuing duty to notify the commission of any

criminal conviction(s) that occurs after the issuance of a license or registration. A criminal

conviction may not automatically result in suspension or revocation of a license, but shall be subject

to § 21-28.11-12.1. The commission may suspend and/or revoke his or her license after the

notification, pending a final determination of disqualification pursuant to § 21-28.11-12.1.

(5) If a licensed cannabis cultivator violates any provision of this chapter or regulations

promulgated hereunder as determined by the commission, his or her issued license may be

suspended and/or revoked.

(n) Immunity.

(1) No licensed cannabis cultivator shall be subject to: arrest; prosecution; search or

seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and subsection (f)(6) of

this section; or penalty in any manner, or denied any right or privilege, including, but not limited

to, civil penalty or disciplinary action by a business, occupational, or professional licensing board

or entity, solely for acting in accordance with this chapter, chapter 28.6 of this title and rules and

regulations promulgated by the commission.

(2) No principal officers, board members, agents, volunteers, or employees of a licensed

cannabis cultivator shall be subject to arrest; prosecution; search or seizure, except as authorized

pursuant to §§ 21-28.11-20 and 21-28.11-27 and subsection (f)(6) of this section; or penalty in any

manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary

action by a business, occupational, or professional licensing board or entity, solely for working for

or with a licensed cannabis cultivator to engage in acts permitted by this chapter, chapter 28.6 of

this title and rules and regulations promulgated by the commission.

(3) No state employee or commission member shall be subject to arrest; prosecution; search

or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27; or penalty in any

manner, or denied any right or privilege, including, but not limited to, civil penalty, disciplinary

action, termination, or loss of employee or pension benefits, for any and all conduct that occurs

within the scope of his or her employment regarding the administration, execution, and/or

enforcement of this chapter, chapter 28.6 of this title and rules and regulations promulgated by the

commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.

(o) Nothing in this section shall be construed as authorizing a cannabis cultivator to transfer

or sell cannabis directly to a consumer. A direct sale or transfer from a cannabis cultivator to a

consumer is prohibited and shall be grounds for revocation of license and criminal prosecution.

(p) A cannabis cultivator and all agents and employees of the cannabis cultivator shall

comply with all rules adopted by the commission and other applicable laws.

(q) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this

chapter that has not first been tested by a cannabis testing laboratory and determined to meet the

commission’s testing protocols issued pursuant to § 21-28.11-11. Cannabis cultivators shall be

subject to any regulations promulgated by the commission that specify how marijuana shall be

tested, including, but not limited to, potency, cannabinoid profile and contaminants. Cannabis

cultivators shall be subject to any product labeling requirements promulgated by the commission

or otherwise required by law.

(r) License required. No person or entity shall engage in activities described in this section

without a cultivator license issued pursuant to this chapter.

SECTION 10. Sections 23-17.7.1-2 and 23-17.7.1-23 of the General Laws in Chapter 23-

17.7.1 entitled "Licensing of Nursing Service Agencies" are hereby amended to read as follows:

23-17.7.1-2. Definitions.

(a) “Director” means the director of the state department of health;

(b) “Licensing agency” means the state department of health;

paraprofessional trained to give personal care and related health care and assistance based on his

or her level of preparation to individuals who are sick, disabled, dependent, or infirmed. The

director of the department of health may by regulation establish different levels of nursing

assistants;

(d) “Nursing service agency” is defined as any person, firm, partnership, or corporation

doing business within the state that supplies, on a temporary basis, registered nurses, licensed

practical nurses, or nursing assistants to a hospital, nursing home, or other facility requiring the

services of those persons, with the exception of hospitals, home nursing care providers, home care

providers, and hospices licensed in this state. For all purposes a nursing service agency shall be

considered an employer and those persons that it supplies on a temporary basis shall be considered

employees and not independent contractors, and the nursing service agency shall be subject to all

state and federal laws which govern employer-employee relations;

(e) “Service record” means the written entire entries documenting service rendered by the

nursing service agency.

23-17.7.1-23. Annual reporting requirements.

(a) The agency shall submit an annual statistical report to the department of health

including, but not limited to:

(1) Mean, median, and average salaries and hourly pay rates of employees, by employment

type;

(2) Number of employees;

(3) Number of employees terminated;

(4) Number of employees reported to the office of the attorney general; and

(5) Number of employees reported to the department for abuse, neglect, misappropriation,

and job abandonment.

(b) For every person placed for employment, or temporary performance of services by an

employment agency with a healthcare provider employer, the employment agency shall annually

report:

(1) The amount charged for each person;

(2) The amount paid to each person;

(3) The amount of payment received that is retained by the employment agency;

(4) Any other information that the department, in conjunction with the department of

human services, determines relevant to determine how much healthcare provider employers who

participate in Medicare and Medicaid are charged by employment agency services nursing

service agencies.

thirty (30) days after the end of the calendar year.

SECTION 11. Section 28-14-19 of the General Laws in Chapter 28-14 entitled "Payment

of Wages" is hereby amended to read as follows:

28-14-19. Enforcement powers and duties of director of labor and training. [Effective

January 1, 2024.]

(a) It shall be the duty of the director to ensure compliance with the provisions of this

chapter and chapter 12 of this title. The director, or the director’s designee, may investigate any

violations thereof, institute or cause to be instituted actions for the collection of wages, and institute

action for penalties or other relief as provided for within and pursuant to those chapters. The

director, or the director’s authorized representatives, are empowered to hold hearings, and the

director or the director’s designee shall cooperate with any employee in the enforcement of a claim

against the employee’s employer in any case whenever, in the opinion of the director or the

director’s designee, the claim is just and valid.

(b) Upon receipt of a complaint or conducting an inspection under applicable law, the

director, or the director’s appropriate departmental designee, is authorized to investigate to

determine compliance with this chapter and chapter 12 of this title. The director or designee shall

forward all complaints to the investigatory team within the department of labor and training who

shall conduct the initial screening, investigation, and field audits, as set forth in § 28-14-19.1.

director, or the director’s designee, shall order a hearing thereon at a time and place to be specified,

and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a

statement of the facts disclosed upon investigation, which notice shall be served personally or by

mail on any person, business, corporation, or entity of any kind affected thereby. The hearing shall

be scheduled within thirty (30) days of service of a formal complaint as provided herein. The

person, business, corporation, or entity shall have an opportunity to be heard in respect to the

matters complained of at the time and place specified in the notice. The hearing shall be conducted

by the director or the director’s designee. The hearing officer in the hearing shall be deemed to be

acting in a judicial capacity, and shall have the right to issue subpoenas, administer oaths, and

examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by

Rhode Island civil practice law and rules. The hearing shall be expeditiously conducted and upon

such hearing the hearing officer shall determine the issues raised thereon and shall make a

determination and enter an order within thirty (30) days of the close of the hearing, and forthwith

serve a copy of the order, with a notice of the filing thereof, upon the parties to the proceeding,

personally or by mail. The order shall dismiss the complaint or direct payment of any wages and/or

benefits found to be due and/or award such other appropriate relief or penalties authorized under

this chapter and chapter 12 of this title, and the order may direct payment of reasonable attorney’s

fees and costs to the complaining party. Interest at the rate of twelve percent (12%) per annum shall

be awarded in the order from the date of the nonpayment to the date of payment.

(d) The order shall also require payment of a further sum as a civil penalty in an amount

up to two (2) times the total wages and/or benefits found to be due, exclusive of interest, which

shall be shared equally between the department and the aggrieved party. In determining the amount

of any penalty to impose, the director, or the director’s designee, shall consider the size of the

employer’s business, the good faith of the employer, the gravity of the violation, the previous

violations, and whether or not the violation was an innocent mistake or willful.

(e) The director may institute any action to recover unpaid wages or other compensation or

obtain relief as provided under this section with or without the consent of the employee or

employees affected.

(f) No agreement between the employee and employer to work for less than the applicable

wage and/or benefit rate or to otherwise work under and/or conditions in violation of applicable

law is a defense to an action brought pursuant to this section.

(g) The director shall notify the contractors’ registration board of any order issued or any

determination hereunder that an employer has violated this chapter, chapter 12 of this title, or

chapter 13 of title 37. The director shall notify the tax administrator of any determination hereunder

that may affect liability for an employer’s payment of wages and/or payroll taxes.

SECTION 12. Sections 21-31-2 and 21-31-13 of the General Laws in Chapter 21-31

entitled "Rhode Island Food, Drugs, and Cosmetics Act" are hereby amended to read as follows:

21-31-2. Definitions.

For the purpose of this chapter:

(1) “Advertisement” means all representations disseminated in any manner or by any

means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly

or indirectly, the purchase of food, drugs, devices, or cosmetics.

(2) “Contaminated with filth” applies to any food, drug, device, or cosmetic not securely

protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign

or injurious contaminations.

(3) “Cosmetics” means: (i) articles intended to be rubbed, poured, sprinkled, or sprayed on,

introduced into, or applied to the human body or any part of the body for cleansing, beautifying,

promoting attractiveness, or altering the appearance, and (ii) articles intended for use as a

component of any articles described in this subdivision, except that this term shall not include soap.

(4) “Device” (except when used in subdivision (23) (13)(iv) of this section and in §§ 21-

31-3(10), 21-31-11(6), 21-31-15(a)(3), and 21-31-18(3)) means instruments, apparatus, and

contrivances, including their components, parts, and accessories, intended: (i) for use in the

diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or (ii)

to affect the structure or any function of the body of humans or other animals.

(5) “Director” means the director of health.

(6) “Distressed merchandise” means any food which has had the label lost or which has

been subjected to possible damage due to accident, fire, flood, adverse weather, or to any other

similar cause, and which may have been rendered unsafe or unsuitable for human or animal

consumption or use.

(7) “Dosage form” means the form of the completed drug product (such as tablet, syrup, or

suppository).

(8) “Drug” means: (i) articles recognized in the official United States Pharmacopoeia,

official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any

supplement to any of them; (ii) articles intended for use in the diagnosis, cure, mitigation, treatment,

or prevention of disease in humans or other animals; (iii) articles (other than food) intended to

affect the structure or any function of the body of humans or other animals; and (iv) articles

intended for use as a component of any article specified in paragraphs (i), (ii) or (iii) of this

subdivision; but does not include devices or their components, parts, or accessories.

(9) “Drug product” means a dosage form containing one or more active therapeutic

ingredients along with other substances included during the manufacturing process.

(10)(i) “Equivalent and interchangeable” means having the same generic name, dosage

form, and labeled potency, meeting standards of the United States Pharmacopoeia or National

Formulary, or their successors, if applicable, and not found in violation of the requirements of the

United States Food and Drug Administration, or its successor agency, or the department of health.

(ii) “Generic” means the chemical or established name of a drug or drug product.

(11) “Federal Act” means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et

seq.

(12) “Food” means: (i) articles used for food or drink for humans or other animals, (ii)

chewing gum, and (iii) articles used for components of any article described in this subdivision.

(13)(i) “Label” means a display of written, printed, or graphic matter upon the immediate

container of any article; and a requirement made by or under authority of this chapter that any word,

statement, or other information appearing on the label shall not be considered to be complied with

unless the word, statement, or other information also appears on the outside container or wrapper,

if any, of the retail package of the article, or is easily legible through the outside container or

wrapper.

(ii) “Immediate container” does not include package liners.

(iii) “Labeling” means all labels and other written, printed, or graphic matter: (A) upon an

article or any of its containers or wrappers, or (B) accompanying the article.

(iv) If an article is alleged to be misbranded because the labeling is misleading, or if an

advertisement is alleged to be false because it is misleading, then in determining whether the

labeling or advertisement is misleading there shall be taken into account (among other things) not

only representations made or suggested by statement, word, design, device, sound, or in any

combination of them, but also the extent to which the labeling or advertisement fails to reveal facts

material in the light of the representations or material with respect to consequences which may

result from the use of the article to which the labeling or advertisement relates under the conditions

of use prescribed in the labeling or advertisement or under the conditions of use that are customary

or usual.

(14) “Native” means a product harvested in Rhode Island and is limited to the following:

(i) “Bay scallop” means Argopecten irradians.

(ii) “Bay quahog” means Mercenaria mercenaria.

(iii) “Steamer clams” means Mya arenaria.

(iv) “Mussels” means Mytilus edulis.

(v) “Oysters” means Crassostrea virginica.

(15) “New drug” means: (i) any drug the composition of which is such that the drug is not

generally recognized among experts qualified by scientific training and experience to evaluate the

safety of drugs as safe for use under conditions prescribed, recommended, or suggested in the

labeling of it; or (ii) any drug the composition of which is such that the drug, as a result of

investigations to determine its safety for use under those conditions has become so recognized, but

which has not, otherwise than in the investigations, been used to a material extent or for a material

time under those conditions.

(16) “Official compendium” means the official United States Pharmacopoeia, official

Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement

to any of them.

(17) “Patient” means, as the case may be: (i) the individual medically requiring a drug, for

whom a drug is prescribed; or (ii) the owner or the agent of the owner of an animal medically

requiring a drug, for which a drug is prescribed.

(18) “Person” includes individual, partnership, corporation, and association.

(19) “Pharmacist” means a person duly registered with the board of pharmacy as a

compounder, dispenser, or supplier of drugs upon prescription, including registered assistant

pharmacists as defined by law.

(20) “Pharmacy” means a place where drugs, medicines, or poisons are sold at retail or

where prescriptions of physicians, dentists, veterinarians, and other practitioners authorized to issue

prescriptions for drugs, medicines, and poisons are compounded, dispensed, supplied or sold.

(21) “Practitioner” means a person authorized by law to practice medicine, dentistry,

osteopathy, chiropody podiatry, or veterinary medicine in this state.

(22) “Prescription” means an order, issued in good faith in the course of professional

practice only, by a practitioner to a pharmacist for a drug for a particular patient, which specifies

the date of its issue, the name and address of the practitioner, the name and address of the patient

(and, if the drug is prescribed for an animal, the species of the animal), the name and quantity of

the drug prescribed, directions for the use of the drug, and the signature of the practitioner;

provided, that a prescription received by word of mouth, telephone, or other means of

communication shall be reduced promptly to writing by the pharmacist in the form prescribed in

this subdivision, and the record so made shall constitute the original prescription to be filed and

preserved by the pharmacist; and, provided, further, that any refill authorization received by word

of mouth, telephone, or other means of communication shall be reduced promptly to writing by the

pharmacist, with the date of it on the face or on the reverse side of the original prescription.

(23) The representation of a drug, in its labeling or advertisement, as an antiseptic shall be

considered to be a representation that it is a germicide, except in the case of a drug purporting to

be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder,

or any other use that involves prolonged contact with the body.

(24) The provisions of this chapter regarding the selling of food, drugs, devices, or

cosmetics shall be considered to include the manufacture, production, processing, packing,

exposure, offer, possession, and holding of any article for sale, and the sale, dispensing, and giving

of any article, and the supplying or applying of the articles in the conduct of any food, drug, or

cosmetic establishment.

21-31-13. Poisonous or deleterious substance — Regulations as to use.

(a) Any poisonous or deleterious substance added to any food, except where the substance

is required in the production of it or cannot be avoided by good manufacturing practice, shall be

deemed to be unsafe for purposes of the application of § 21-31-10(1)(ii); but when a substance is

required or cannot be avoided, the director of health shall promulgate regulations limiting the

quantity in it or on it to the extent that the director of health finds necessary for the protection of

public health, and any quantity exceeding the limits fixed shall also be deemed to be unsafe for

purposes of the application of § 21-31-10(1)(ii). While a regulation is in effect limiting the quantity

of any substance in the case of any food, that food shall not, by reason of bearing or containing any

added amount of the substance, be considered to be adulterated within the meaning of § 31-21-

10(1)(i) 21-31-10(1)(i). In determining the quality of the added substance to be tolerated in or on

different articles of food, the director of health shall take into account the extent to which the use

of the substance is required or cannot be avoided in the production of each article and the other

ways in which the consumer may be affected by the same or other poisonous or deleterious

substances.

(b) To assist the director in carrying out his or her responsibilities under this section, the

director is authorized to collect food samples and to provide laboratory analyses to further the

purposes of this chapter.

SECTION 13. Section 21-31.1-15 of the General Laws in Chapter 21-31.1 entitled

"Veterinary Drugs" is hereby amended to read as follows:

21-31.1-15. Detention.

Whenever an authorized representative of the director encounters a prescription veterinary

drug in the possession of a person who is not authorized by § 21-31.1-13, the representative may

affix to the drug a tag or other appropriate marking, warning all persons not to remove or dispose

of the drug by sale or otherwise until permission is given for removal or disposal by the director or

the court.

SECTION 14. Sections 27-18-91 and 27-18-92 of the General Laws in Chapter 27-18

entitled "Accident and Sickness Insurance Policies" are hereby amended to read as follows:

27-18-91. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the

prevention of HIV and post-exposure prophylaxis (PEP) to prevent HIV infection. [Effective

January 1, 2024.]

(a) Every group health insurance contract, or every group hospital or medical expense

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

any health insurance carrier, on or after January 1, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

(b) The healthcare benefits outlined in this chapter section apply only to services delivered

within the health insurer’s provider network; provided that, all health insurers shall be required to

provide coverage for those benefits mandated by this chapter section outside of the health insurer’s

provider network where it can be established that the required services are not available from a

provider in the health insurer’s network.

27-18-92. Expedited prior authorization. Expedited prior authorization for HIV

PrEP or PEP drugs. [Effective January 1, 2024.]

To the extent a prior authorization is permitted and applied for the prescribing,

dispensing, and administration of HIV PrEP or PEP drugs, then it shall be conducted in an

expedited manner as soon as possible, but no later than seventy-two (72) hours pursuant to § 27-

18.9-6(a)(1). Provided, however, that the provisions of the amendment to this section shall no

longer be in effect upon the effective date of any repeal of this section, as may be enacted

during the 2024 legislative session.

SECTION 15. Sections 27-19-83 and 27-19-84 of the General Laws in Chapter 27-19

entitled "Nonprofit Hospital Service Corporations" are hereby amended to read as follows:

27-19-83. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the