2012 -- H 7496

=======

LC01317

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

     Introduced By: Representatives Mattiello, and Newberry

     Date Introduced: February 09, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 11-9-1.4 of the General Laws in Chapter 11-9 entitled "Children" is

1-2

hereby amended to read as follows:

1-3

     11-9-1.4. Minor electronically disseminating indecent material to another person --

1-4

"Sexting" prohibited. -- (a) Definitions as used in this section:

1-5

      (1) "Minor" means any person not having reached eighteen (18) years of age;

1-6

      (2) "Computer" has the meaning given to that term in section 11-52-1;

1-7

      (3) "Telecommunication device" means an analog or digital electronic device which

1-8

processes data, telephony, video, or sound transmission as part of any system involved in the

1-9

sending and/or receiving at a distance of voice, sound, data, and/or video transmissions;

1-10

      (4) "Indecent visual depiction" means any digital image or digital video of the minor

1-11

engaging in sexually explicit conduct, and includes data stored or on any computer,

1-12

telecommunication device, or other electronic storage media which is capable of conversion into

1-13

a visual image;

1-14

      (5) "Sexually explicit conduct" means actual masturbation or graphic focus on or

1-15

lascivious exhibition of the nude genitals or pubic area of the minor.

1-16

      (b) No minor shall knowingly and voluntarily and without threat or coercion use a

1-17

computer or telecommunication device to transmit an indecent visual depiction of himself or

1-18

herself to another person.

1-19

      (c) A violation of this section shall be a status offense and referred to the family court.

2-20

      (d) Any minor adjudicated under subsection (b) shall not be charged under section 11-9-

2-21

1.3 and, further, shall not be subject to sex offender registration requirements set forth in section

2-22

11-37.1-1 et seq., entitled "Sexual Offender Registration and Community Notification Act."

2-23

     SECTION 2. Section 15-23.1-210 of the General Laws in Chapter 15-23.1 entitled

2-24

"Uniform Interstate Family Support Act" is hereby amended to read as follows:

2-25

     15-23.1-210. Application of chapter to nonresident subject to personal jurisdiction.

2-26

[Contingent effective date; see note.] -- A tribunal of this state exercising personal jurisdiction

2-27

over a nonresident in a proceeding under this chapter, under other law of this state relating to a

2-28

support order, or recognizing a foreign support order may receive evidence from outside this state

2-29

pursuant to section 15-23.1-316, communicate with a tribunal outside this state pursuant to

2-30

section 15-23.1-317, and obtain discovery through a tribunal outside this state pursuant to section

2-31

15-23.1-318. In all other respects, sections 301 -- 616 of this chapter do not apply and the tribunal

2-32

shall apply the procedural and substantive law of this state.

2-33

     SECTION 3. Section 17-20-10 of the General Laws in Chapter 17-20 entitled "Mail

2-34

Ballots" is hereby amended to read as follows:

2-35

     17-20-10. Certification of applications -- Issuance of ballots -- Marking of lists --

2-36

Mailing address. -- (a) Upon receipt of the application, the local board shall immediately

2-37

examine it and determine whether it complies with each of the requirements set forth by this

2-38

chapter and compare the signature on the ballot application with the signature contained on the

2-39

original registration card, except as may be otherwise provided by law, to satisfy itself that the

2-40

applicant is a qualified voter. Upon determining that it does meet each requirement of this chapter

2-41

and that the signature appears to be the same, the local board shall mark the application

2-42

"accepted" and record in the space provided on the ballot application the senatorial,

2-43

representative, and voting district in which the applicant should vote.

2-44

      (b) The local board shall also record the city or town code and district information in the

2-45

mailing label section of the mail ballot application. The local board shall also print or type the

2-46

name of the elector and the complete mailing address in that section. If the local board does not

2-47

accept the application, the local board shall return the application to the elector, together with a

2-48

form prescribed by the secretary of state, specifying the reason or reasons for the return of the

2-49

application.

2-50

      (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election

2-51

referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs

2-52

first, the local board shall certify the applications to the secretary of state through the CVRS

2-53

system as this procedure is prescribed by the secretary of state. Upon the certification of a mail

2-54

ballot application to the secretary of state, the local board shall enter on the voting list the fact

3-1

that a mail ballot application for the voter has been certified and shall cause the delivery of the

3-2

certified mail ballot applications together with the signed certified listing thereof in sealed

3-3

packages to the state board of elections.

3-4

      (d) (1) Upon the ballots becoming available, the secretary of state shall immediately,

3-5

issue and mail, by first class mail, postage prepaid, a mail ballot to each eligible voter who has

3-6

been certified. With respect to voters who have applied for these mail ballots under the provisions

3-7

of subdivision 17-20-2(3)(1), the secretary of state shall include with the mail ballots a stamped

3-8

return envelope addressed: "Board of Elections, 50 Branch Avenue, Providence, Rhode Island

3-9

02904-2790".

3-10

      (2) The secretary of state shall include on the mail ballot envelope a numerical or

3-11

alphabetical code designating the city or town where the voter resides. The secretary of state shall

3-12

immediately thereafter indicate on the voter's record that the secretary of state has sent mail

3-13

ballots provided, that this mark shall serve solely to indicate that a mail ballot has been issued and

3-14

shall not be construed as voting in the election.

3-15

      (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the

3-16

state committee of each political party a list of the names and residence addresses of all persons

3-17

to whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for

3-18

political office upon request a list of the names and residence addresses of all persons to whom

3-19

mail ballots have been issued within his or her district.

3-20

      (f) [Deleted by P.L. 2005, ch. 167, section 2.]

3-21

      (g) If a ballot is returned to the secretary of state by the postal service as undeliverable,

3-22

the secretary of state shall consult with the appropriate local board to determine the accuracy of

3-23

the mailing address, and the secretary of state shall be required to remail the ballot to the voter

3-24

using the corrected address provided by the local board. If the local board is unable to provide a

3-25

different address than that to which the ballot was originally mailed, the ballot shall be reissued

3-26

by the secretary of state to the board of canvassers in the city or town where the voter resides

3-27

utilizing the numerical or alphabetical code established in subsection (d) of this section. The

3-28

board shall then attempt to notify the voter at his or her place of residence that the ballot has been

3-29

returned as undeliverable. The ballot must be voted and witnessed in accordance with the

3-30

provisions of this chapter.

3-31

      (h) The acceptance of a mail ballot application by the board of canvassers and the

3-32

issuance of a mail ballot by the secretary of state shall not create any presumption as to the

3-33

accuracy of the information provided by the applicant or as to the applicant's compliance with the

3-34

provisions of this chapter. Any inaccuracy in the provided information or irregularity in the

4-1

application may be raised as a challenge to the ballot before the board of elections at the time of

4-2

certification. If the challenge raised at that time is meritorious, the ballot shall be voided.

4-3

      (i) Within two (2) business days of receipt by the local board, the board shall certify

4-4

emergency mail ballot applications and shall cause the delivery of the emergency mail ballot

4-5

applications, and certification sheet in sealed packages to the state board of elections.

4-6

     SECTION 4. Section 27-3-38 of the General Laws in Chapter 27-3 entitled "Surplus

4-7

Lines Insurance" is hereby amended to read as follows:

4-8

     27-3-38. Surplus line brokers -- License -- Affidavit of inability to obtain insurance -

4-9

Reports and records - Premium tax - Notice to purchasers. -- (a) The insurance commissioner

4-10

may issue a surplus line broker's license to any person authorizing the licensee to procure, subject

4-11

to the restrictions provided in this section, policies of insurance, except life and health and

4-12

accident, from eligible surplus lines insurers. Residents residents of this state must hold a

4-13

property and casualty insurance producer license to qualify for a surplus lines broker license. This

4-14

license may be denied, suspended or revoked by the insurance commissioner whenever, in the

4-15

commissioner's judgment, any of the bases under section 27-2.4-14 exist. Before any license is

4-16

issued by the insurance commissioner and before each renewal of a license, there shall be filed in

4-17

his or her office a written application by the person desiring the license in the form and

4-18

containing any information, that the insurance commissioner may prescribe. For the purposes of

4-19

carrying out the provisions of the Nonadmitted and Reinsurance Reform Act of 2010, the

4-20

commissioner is authorized to utilize the national insurance producer database of the NAIC, or

4-21

any other equivalent uniform national database, for the licensure of a person as a surplus lines

4-22

producer and for renewal of such license. For insureds whose home state is this state, a person

4-23

shall not procure a contract of surplus lines insurance with a nonadmitted insurer unless the

4-24

person possesses a current surplus lines insurance license issued by the commissioner.

4-25

      (b) A Rhode Island resident business entity acting as a surplus line broker may elect to

4-26

obtain a surplus line broker license. Application shall be made using the uniform business entity

4-27

application. Prior to approving the application, the commissioner shall find both of the following:

4-28

      (1) The business entity has paid the appropriate fees.

4-29

      (2) The business entity has designated a licensed surplus line broker responsible for the

4-30

business entity's compliance with the insurance laws and rules of this state.

4-31

      (c) When any policy of insurance is procured under the authority of that license, there

4-32

shall be executed, both by the licensee and by the insured, affidavits setting forth facts showing

4-33

that the insured or a licensed Rhode Island producer were unable, after diligent effort, to procure

4-34

from no less than three (3) admitted insurers the full amount of insurance required to protect the

5-1

property owned or controlled by the insured or the risks insured. Provided, however the

5-2

aforementioned affidavit shall not be required when insuring the following interest: amusement

5-3

parks and devices, environmental improvement and/or remediation sites, vacant property or

5-4

property under renovation, demolition operations, event cancellation due to weather, railroad

5-5

liability, discontinued products, fireworks and pyrotechnics, warehouseman's legal liability,

5-6

excess property coverage, and contingent liability. In addition, no such affidavit is required for

5-7

exempt commercial purchasers as defined by the Nonadmitted and Reinsurance Reform Act of

5-8

2010. For purposes of this section, residual market mechanisms shall not be considered

5-9

authorized insurers. Prior to renewing, continuing, or extending any policy, the licensed surplus

5-10

line broker must confirm that the insurer is on the insurance commissioner's list of approval

5-11

surplus line insurers in this state.

5-12

      (d) The licensee shall keep a complete and separate record of all policies procured from

5-13

approved surplus lines insurers under the license and these records shall be open to the

5-14

examination of both the insurance commissioner and tax administrator at all reasonable times,

5-15

and shall show the exact amount of each kind of insurance permitted under this section which has

5-16

been procured for each insured, the gross premiums charged by the insurers for each kind of

5-17

insurance permitted under this section which were returned to each insured, the name of the

5-18

insurer or insurers which issued each of these policies, the effective dates of these policies, and

5-19

the terms for which these policies were issued. The licensee shall file a yearly report with the

5-20

insurance commissioner on a form prescribed by the insurance commissioner showing the

5-21

business procured under the surplus line license for the preceding calendar year, and the report

5-22

shall be due annually on or before April 1.

5-23

      (e) Every person, firm, or corporation licensed pursuant to the provisions of this section

5-24

shall file with the insurance commissioner, at the time of the insurance producer license renewal,

5-25

sufficient information as determined by the insurance commissioner whether a licensee or a

5-26

person acting on the licensee's behalf, has paid to the tax administrator, for all policies procured

5-27

by the licensee pursuant to the license during the next preceding calendar year, a tax, computed at

5-28

the rate of four percent (4%) on the gross premiums charged the insured by the insurers, less the

5-29

amount of premiums returned to the insured.

5-30

      (f) Every application form for insurance from a surplus lines insurer, every affidavit

5-31

form executed by the insured, and every policy (on its front and declaration pages) issued by the

5-32

surplus lines insurer, shall contain in ten (10) point type the following notice:

5-33

     NOTICE

6-34

      THIS INSURANCE CONTRACT HAS BEEN PLACED WITH AN INSURER NOT

6-35

LICENSED TO DO BUSINESS IN THE STATE OF RHODE ISLAND BUT APPROVED AS

6-36

A SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER OF THE RHODE

6-37

ISLAND INSURERS INSOLVENCY FUND. SHOULD THE INSURER BECOME

6-38

INSOLVENT, THE PROTECTION AND BENEFITS OF THE RHODE ISLAND INSURERS

6-39

INSOLVENCY FUND ARE NOT AVAILABLE.

6-40

     SECTION 5. Section 28-44-59 of the General Laws in Chapter 28-44 entitled

6-41

"Employment Security - Benefits" is hereby amended to read as follows:

6-42

     28-44-59. Severance or dismissal pay allocation. -- For benefit years beginning prior to

6-43

July 1, 2012, for the purpose of determining an individual's benefit eligibility for any week of

6-44

unemployment, any remuneration received by an employee from his or her employer in the nature

6-45

of severance or dismissal pay, whether or not the employer is legally required to pay that

6-46

remuneration, shall be deemed to be wages paid on the last day of employment for services

6-47

performed prior to that date. For benefit years beginning on or after July 1, 2012, for the purpose

6-48

of determining an individual's benefit eligibility for any week of unemployment, any

6-49

remuneration received by an employee from his or her employer in the nature of severance or

6-50

dismissal pay, whether or not the employer is legally required to pay that remuneration, shall be

6-51

allocated on a weekly basis from the individual's last day of work for a period not to exceed

6-52

twenty- six (26) weeks, and the individual will not be entitled to receive benefits for any such

6-53

week for which it has been determined that the individual received severance or dismissal pay.

6-54

Such severance or dismissal pay, if the employer does not specify a set number of weeks, such

6-55

shall be allocated using the individual's weekly benefit rate.

6-56

     SECTION 6. Section 36-9-48 of the General Laws in Chapter 36-9 entitled "Retirement

6-57

System-Membership and Service Credits" is hereby amended to read as follows:

6-58

     36-9-48. Underground storage tank financial review board - Transferred employees.

6-59

-- (a) Definitions. - For the purposes of this section:

6-60

      (i) "UST Board" means the Rhode Island Underground Storage Tank Financial Review

6-61

Board, a governmental agency and a public instrumentality of the state of Rhode Island.

6-62

      (ii) "Transfer date" means July 1, 2006.

6-63

      (iii) "Transferred employee" means any individual who was an employee of the UST

6-64

Board of the state of Rhode Island on the date immediately preceding the transfer date, and who

6-65

became an employee of the state of Rhode Island, department of environmental management on

6-66

the transfer date.

6-67

      (b) Transferred employees who return to employment with the state of Rhode Island

6-68

directly from uninterrupted employment with the Rhode Island Underground Storage Tank

7-1

Financial Responsibility Review Board shall have their length of service at the UST Board

7-2

deemed to be uninterrupted active state service for the purposes of service credits in the state

7-3

retirement system.

7-4

      (c) The period of service of any transferred employee from December 29, 2002, to the

7-5

date of transfer shall be treated as service as an employee of the state of Rhode Island for the

7-6

purposes of chapters 8, 9 and 10 of this title.

7-7

      (d) The provisions of subsection (b) of this section shall not apply unless within ninety

7-8

(90) days following the date of enactment of this section [July 1, 2006] the UST Board transfers,

7-9

or causes to have transferred from a trustee or other custodian, to the retirement system, an

7-10

amount equal to the sum of the employees contribution accumulation and the employer

7-11

contribution accumulation. The amount of transfer shall be determined by the retirement board at

7-12

full actuarial cost as defined by Rhode Island general law section 36-8.1-9 subdivision 36-8-1(10)

7-13

for the period of service December 29, 2002, to the transfer date. This will be reduced by the

7-14

transfer to the retirement board of any and all contributions made to the UST Board's Simple IRA

7-15

by and on behalf of the transferred employees.

7-16

      (e) Transferred employees who return to service with the state of Rhode Island directly

7-17

from uninterrupted employment with the Rhode Island Underground Storage Tank Financial

7-18

Review Board, henceforth referred to as "UST Board" shall have their length of service at the

7-19

UST Board deemed to be uninterrupted active state service for purposes of service credits in the

7-20

state retirement system.

7-21

     SECTION 7. Section 37-2.4-3 of the General Laws in Chapter 37-2.4 entitled

7-22

"Habilitation Procurement Program" is hereby amended to read as follows:

7-23

     37-2.4-3. Purchasing. -- (a) This section shall not apply with respect to the procurement

7-24

of any commodity which is available for procurement from an entity established pursuant to

7-25

chapter 13-7 ("Prisoner Made Goods") or chapter 40-9 ("Services for People who are Blind or

7-26

Visually Impaired") of the general laws and as provided under subsection (e) of this section and

7-27

notwithstanding any provision in this chapter or the general or public laws to the contrary, any

7-28

state agency shall purchase goods and services produced by a habilitation facility using the

7-29

preferred procurement contract list approved pursuant to subdivision 37-2.4-2(b)(3) providing

7-30

that:

7-31

      (1) The goods or services offered for sale by a habilitation facility reasonably conform to

7-32

the needs and specifications of the public procurement unit;

7-33

      (2) The habilitation facility can supply the goods or services within a reasonable time;

7-34

and

8-1

      (3) The price of the goods or services is reasonably competitive with the cost of

8-2

procuring the goods or services from another source.

8-3

      (b) If there is no price agreement in place that a state agency plans to use, a price can be

8-4

negotiated between the habilitation facility that can meet the specifications of the board. The

8-5

board will make a recommendation to the director of administration.

8-6

      (c) Existing multi-year contracts can continue through their term. New multi-year

8-7

requirements for services must follow the process for purchasing from the habilitation facility.

8-8

      (d) Each habilitation facility:

8-9

      (1) May submit a price for a product or service to the board at any time and not

8-10

necessarily in response to a request for bids; and

8-11

      (2) Shall certify on any bid it submits to the board or to a public procurement unit under

8-12

this section that is claiming a preference under this section.

8-13

      (e) During a fiscal year, the requirement for a public procurement unit to purchase goods

8-14

and services produced by a habilitation facility under the preferred procurement list under

8-15

subsections 37-2.4-4 37-2.4-3(a), (b) and (c) does not apply if the division of purchasing and

8-16

general services determines that the total amount of procurement contracts with habilitation

8-17

facilities has reached three million dollars ($3,000,000) for that fiscal year. The total amount of

8-18

procurement contracts can be changed with a recommendation by the board and approval from

8-19

the director of administration.

8-20

      (f) Any state agency that has awarded a solicitation for goods and services to a certified

8-21

habilitation facility shall, before the expiration of the term of the contract, renegotiate a fair and

8-22

reasonable price for the services with the certified habilitation facility that has performed the

8-23

services for the state agency. The state agency is not permitted to solicit new bids for the product

8-24

or service unless one of the following occurs:

8-25

      (1) The certified habilitation facility no longer wishes to perform the services for the

8-26

state agency;

8-27

      (2) The state agency decides to perform the services internally and hires employees who

8-28

will be employees of the state to perform the services;

8-29

      (3) The state agency no longer needs the service that was provided by the habilitation

8-30

facility;

8-31

      (4) The habilitation facility has not met the requirements for the services offered; or

8-32

      (5) The habilitation facility and the state agency are unable to agree to fair and

8-33

reasonable terms of a new contract for the habilitation facility's services during the negotiation

8-34

process.

9-1

      (g) Any state agency that has awarded a solicitation for services to a certified habilitation

9-2

facility shall report to the board regarding the progress of the solicitation once a year.

9-3

     SECTION 8. Section 44-7-11 of the General Laws in Chapter 44-7 entitled "Collection of

9-4

Taxes Generally" is hereby amended to read as follows:

9-5

     44-7-11. Collectors to furnish statements of liens. -- (a) Cities, towns or fire districts. -

9-6

The collector of taxes for any city, town, or fire district shall, on written application by any

9-7

person, and within five (5) days thereafter, excluding Saturdays, Sundays, and holidays, furnish to

9-8

the applicant a single certificate of all taxes and other assessments, including water rates and

9-9

charges, which at the time constitute liens on the parcel of real estate specified in the application

9-10

and are payable on account of the real estate. The certificate shall be itemized and shall show the

9-11

amounts payable on account of all taxes and assessments, rates, fees and charges, so far as the

9-12

amounts are fixed and ascertained, and if the amounts are not then ascertainable, it shall be

9-13

expressed in the certificate. In addition, the tax certificate shall include: (1) a statement as to

9-14

whether there are any tax sales scheduled which would affect the parcel of real estate noted in the

9-15

certificate; and (2) a statement as to whether any of taxes or other assessments noted on the tax

9-16

certificate as being paid in full were paid as the result of a sale held pursuant to the provisions of

9-17

chapter 9 of this title within the twelve (12) month period immediately preceding issuance of the

9-18

certificate. Any city or town officer or board doing any act toward establishing any tax

9-19

assessment, lien, fees or charge upon any real estate in the city or town shall transmit a notice of

9-20

that act to the collector of taxes. The collector of taxes shall charge not more than twenty-five

9-21

dollars ($25.00) for each certificate so issued, and the money so received shall be paid into the

9-22

city or town treasury. A certificate issued on or after October 1, 1966, under this section may be

9-23

filed or recorded with the land evidence records of the city or town in which the real estate shall

9-24

be situated within sixty (60) days after its date, and if filed or recorded shall operate to discharge

9-25

the parcel of real estate specified from the liens for all taxes, assessments or portions, rates, fees

9-26

and charges which do not appear by the certificate to constitute liens, except the taxes,

9-27

assessments or portions, rates, fees and charges which have accrued within one year immediately

9-28

preceding the date of the certificate; provided, that they are noted in the certificate, and the taxes,

9-29

assessments or portions, rates, and charges concerning which a statement has been filed or

9-30

recorded in the land evidence records. A certificate issued under this section shall not affect the

9-31

obligation of any person liable for the payment of any tax, assessment, rate, fee, or charge.

9-32

      (b) The fee to be paid for filing the certificate with the registry of deeds is eight dollars

9-33

($8.00).

10-34

      (c) Barrington. - In the town of Barrington, the tax collector shall, upon application for

10-35

any municipal lien certificate, include and attach to the certificate at no additional fee, a separate

10-36

motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time

10-37

are due and payable to the town on account of any owner of any real estate referenced in the

10-38

application. The closing agent presiding at the closing on any transfer of the real estate shall

10-39

collect all sums due as set forth on the motor vehicle excise tax certificate and transmit the sums

10-40

to the tax collector along with the forwarding address of the owner transferring the real estate.

10-41

      (d) Warren. - In the town of Warren, the tax collector shall, upon application for any

10-42

municipal lien certificate, include and attach to the certificate at no additional fee, a separate

10-43

motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time

10-44

are due and payable to the town on account of any owner of any real estate referenced in the

10-45

application. The closing agent presiding at the closing on any transfer of the real estate shall

10-46

collect all sums due as set forth on the motor vehicle excise tax certificate and transmit the sums

10-47

to the tax collector along with the forwarding address of the owner transferring the real estate.

10-48

      (e) Smithfield. - In the town of Smithfield, the tax collector shall, upon application for

10-49

any municipal lien certificate, include and attach to the certificate at no additional fee, a separate

10-50

motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time

10-51

are due and payable to the town on account of any owner of any real estate referenced in the

10-52

application. The closing agent presiding at the closing on any transfer of the real estate shall

10-53

collect the sums due as set forth on the motor vehicle excise tax certificate and transmit the sums

10-54

to the tax collector along with the forwarding address of the owner transferring any real estate.

10-55

This section does apply to refinancing transactions or to transfers of real estate within a family

10-56

without consideration.

10-57

      (f) City, town or fire district. - The collector of taxes for any city, town, or fire district

10-58

may, upon application for any municipal lien certificate, include and attach to the certificate at no

10-59

additional fee, a separate motor vehicle excise tax certificate setting forth all motor vehicle excise

10-60

taxes which at the time are due and payable to the town on account of any owner of any real

10-61

estate referenced in the application. The closing agent presiding at the closing on any transfer of

10-62

the real estate shall collect all sums due as set forth on the motor vehicle excise tax certificate and

10-63

transmit the sums to the tax collector along with the forwarding address of the owner transferring

10-64

any real estate. This section does not apply to refinancing transactions or to transfers of real estate

10-65

within a family without consideration.

10-66

      (g) Scituate. - In the town of Scituate, the tax collector shall, upon application for any

10-67

municipal lien certificate, include and attach to the certificate at no additional fee, a separate

10-68

motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time

11-1

are due and payable to the town on account of any owner of any real estate referenced in the

11-2

application. The closing agent presiding at the closing on any transfer of the real estate shall

11-3

collect all sums due as set forth on the motor vehicle excise tax certificate and transmit the sums

11-4

to the tax collector along with the forwarding address of the owner transferring the real estate.

11-5

      (h) Bristol. - In the town of Bristol, the tax collector shall, upon application for any

11-6

municipal lien certificate, include and attach to the certificate at no additional fee, a separate

11-7

motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time

11-8

are due and payable to the town on account of any owner of any real estate referenced in the

11-9

application. The closing agent presiding at the closing on any transfer of the real estate shall

11-10

collect all sums due as set forth on the motor vehicle excise tax certificate and transmit the sums

11-11

to the tax collector along with the forwarding address of the owner transferring the real estate.

11-12

      (i) East Greenwich. - In the town of East Greenwich, the tax collector shall, upon

11-13

application for any municipal lien certificate, include and attach to the certificate at no additional

11-14

fee, a separate motor vehicle excise tax certificate setting forth all motor vehicle excise taxes

11-15

which at the time are due and payable to the town on account of any owner of any real estate

11-16

referenced in the application. The closing agent presiding at the closing on any transfer of the real

11-17

estate shall collect the sums due as set forth on the motor vehicle excise tax certificate and

11-18

transmit the sums to the tax collector along with the forwarding address of the owner transferring

11-19

any real estate. This section does apply to refinancing transactions or to transfers of real estate

11-20

within a family without consideration.

11-21

     SECTION 9. This act shall take effect upon passage.

=======

LC01317

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

***

12-1

     This act is the annual Statutes and Statutory Construction Act, introduced to make

12-2

technical corrections to the General Laws. These corrections are prepared based upon

12-3

recommendations of the Law Revision Office.

12-4

     This act would take effect upon passage.

=======

LC01317

=======