2013 -- H 5679

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LC01524

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

     Introduced By: Representatives Mattiello, and Newberry

     Date Introduced: February 27, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-1-21 of the General Laws in Chapter 4-1 entitled "Cruelty to

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Animals" is hereby amended to read as follows:

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      4-1-21. Powers of agents of society for prevention of cruelty to animals. -- The

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general agent of the Rhode Island society for the prevention of cruelty to animals and any number

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of special agents as may be appointed by that society have the same power and authority to arrest

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as any officer authorized to serve criminal process for the purpose of enforcing any of the laws of

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this state in relation to cruelty to animals, that power and authority to extend throughout the state,

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and they may serve any search warrant issued under § 4-1-19 and may search any building or

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place named in that warrant. A general agent and any special agents may, for the purpose of

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carrying out their duties, possess and carry pistols as defined in § 11-47-2, and the provisions of §

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11-47-5 11-47-8 shall not apply to them. Any person who interferes with or obstructs any of those

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agents in the discharge of their duty shall be guilty of obstructing an officer and punished as

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provided in § 11-32-1.

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     SECTION 2. Section 7-13-48 of the General Laws in Chapter 7-13 entitled "Limited

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Partnerships" is hereby amended to read as follows:

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     7-13-48. Applicable law. -- Subject to the constitution of this state:

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      (1) The laws of the state under which a foreign limited partnership is organized govern

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its organization and internal affairs and the liability of its limited partners, except as to foreign

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limited liability limited partnerships, which shall be treated as if they were foreign limited

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partnerships;

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     (2) A foreign limited partnership may not be denied registration by reason of any

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     difference between those laws and the laws of this state; and

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     (3) A certificate of registration does not authorize a foreign limited partnership to engage

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in any business or exercise any power that a limited partnership may not engage in or exercise in

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this state.

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     SECTION 3. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-9. Persons exempt from restrictions. -- (a) The provisions of § 11-47-8 shall not

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apply to sheriffs, deputy sheriffs, the superintendent and members of the state police, members of

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the Rhode Island airport police department, members of the Rhode Island state marshals, Rhode

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Island state fire marshal, chief deputy state fire marshals, deputy state fire marshals assigned to

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the bomb squad, and those assigned to the investigation unit, correctional officers, all within the

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department of corrections, members of the city or town police force, capitol police investigators

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of the department of attorney general appointed pursuant to § 42-9-8.1, the witness protection

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coordinator for the witness protection review board as set forth in chapter 30 of title 12 and

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subject to the minimum qualifications of § 42-9-8.1, the director, assistant director, investigators

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of the department of public safety Workers' Compensation Investigations unit pursuant to § 42-

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7.3-3.1 and automobile theft investigators of the Rhode Island state police pursuant to § 31-50-1,

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railroad police while traveling to and from official assignments or while on assignments,

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conservation officers, or other duly appointed law enforcement officers, nor to members of the

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Army, Navy, Air Force, and Marine Corps of the United States, the National Guard, or organized

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reserves, when on duty, nor to members of organizations by law authorized to purchase or receive

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firearms from the United States or this state, provided these members are at or going to or from

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their places of assembly or target practice, nor to officers or employees of the United States

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authorized by law to carry a concealed firearm, nor to any civilian guard or criminal investigator

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carrying sidearms or a concealed firearm in the performance of his or her official duties under the

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authority of the commanding officer of the military establishment in the state of Rhode Island

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where he or she is employed by the United States, nor to any civilian guard carrying sidearms or a

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concealed firearm in the performance of his or her official duties under the authority of the

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adjutant general where he or she is employed guarding a national guard facility, provided, that the

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commanding officer of the military establishment shall have on file with the attorney general of

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this state a list of the names and addresses of all civilian guards and criminal investigators so

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authorized, nor to duly authorized military organizations when on duty, nor to members when at

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or going to or from their customary places of assembly, nor to any individual employed in the

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capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or

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investigator at any project owned or operated by a municipal detention facility corporation,

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including the Donald W. Wyatt Detention Facility, nor to the regular and/or ordinary

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transportation of pistols or revolvers as merchandise, nor to any person while transporting a

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pistol, or revolvers, unloaded from the place of purchase to their residence, or place of business,

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from their residence to their place of business or from their place of business to their residence, or

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to a Federal Firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or

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firearms repair facility, to any police station or other location designated as a site of a bona fide

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"gun buy-back" program but only if said pistol or revolver is unloaded and any ammunition for

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said pistol or revolver is not readily or directly accessible from the passenger compartment of

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such vehicle while transporting same and further provided that in the case of a vehicle without a

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compartment separate from the passenger compartment the firearm or the ammunition shall be

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stored in a locked container.

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     (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8

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shall have the right to carry concealed firearms everywhere within this state; provided, that this

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shall not be construed as giving the right to carry concealed firearms to a person transporting

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firearms as merchandise or as household or business goods.

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     SECTION 4. Section 23-4.11-3.1 of the General Laws in Chapter 23-4.11 entitled

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“Rights of the Terminally Ill Act” is hereby amended to read as follows:

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     23-4.11-3.1. Medical Orders for Life Sustaining Treatment. -- (a) The department of

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health shall establish rules and regulations, consistent with the provisions of this section, for the

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establishment of Medical Orders for Life Sustaining Treatment and the structure and content of

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     Medical Orders for Life Sustaining Treatment forms.

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     (b)(1) A declaration by a qualified patient may be recorded as a medical order for life-

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sustaining treatment provided that:

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     (i) The medical orders for life-sustaining treatment and medical intervention and

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procedures are explained by a MOLST qualified health care provider to the qualified patient or

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health care decision maker. The MOLST qualified health care provider shall further inform the

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patient of the difference between an advance health care directive and MOLST medical order;

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     (ii) A MOLST qualified health care provider has conducted an evaluation of the qualified

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patient; and

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     (iii) A MOLST form documenting the declaration has been completed by a MOLST

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qualified health care provider based on qualified patient preferences and medical appropriateness,

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and has been signed by a MOLST qualified health care provider and the qualified patient or his or

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her recognized health care decision maker.

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     (2) A health care decision maker may execute the MOLST form if the qualified patient

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lacks capacity, or if the qualified patient has designated that the health care decision maker’s

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authority is valid.

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     (3) A request regarding resuscitative measures may also be evidenced by the words “do

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not resuscitate” or the letters “DNR,” in a qualified patient’s medical record and/or through a

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mechanism established by the department of health consistent with the provisions of chapter 23-

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4.11.

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     (c)(1) A health care provider shall treat a qualified patient in accordance with the

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qualified patient’s MOLST, subject to the provisions of this chapter.

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     (2) A MOLST qualified health care provider may conduct an evaluation of the qualified

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patient and if necessary, in consultation with the qualified patient or recognized health care

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decision maker, issue a new MOLST consistent with the most current information available about

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the qualified patient’s health status and care preferences.

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     (3) The recognized health care decision maker of a qualified patient who is without

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capacity shall consult with the MOLST qualified health care provider prior to making a request to

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modify that a the qualified patient’s MOLST.

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     (d)(1) MOLST Form. A MOLST shall be documented on an easily identifiable form

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approved by the director. The director shall promulgate rules and regulations for the

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implementation of this section.

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     (2) The MOLST form shall be signed by the qualified patient or the qualified patient’s

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recognized health care decision maker, and a MOLST qualified health care provider.

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     (3) The MOLST form shall contain all other information as required by this section.

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     (e)(1) A MOLST shall apply regardless of whether the qualified patient executes the

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MOLST form within or outside a hospital or other health care setting.

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     (2) The MOLST form is valid within or outside a hospital or other health care setting.

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     (f)(1) Revocation. A qualified patient or his/her recognized health care decision maker

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may, at any time, revoke in any manner that communicates an intent to revoke his/her declaration

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by informing the MOLST qualified health care providers, other health care providers, or any

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member of the medical or nursing staff of the revocation of the declaration concerning life-

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sustaining or resuscitative measures.

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     (2) Any member of the medical or nursing staff informed of a revocation shall

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immediately notify a MOLST qualified health care provider of the revocation.

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     (3) The MOLST qualified health care provider informed of a revocation of MOLST made

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pursuant to this section shall immediately:

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     (i) Record the revocation in the qualified patient's medical record;

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     (ii) Cancel any orders implementing the decision to withhold or withdraw treatment; and

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     (iii) Notify the health care providers and staff directly responsible for the qualified

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patient's care of the revocation and any cancellations.

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     (4) If a decision to withhold or withdraw life-sustaining treatment has been made by a

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recognized health care decision maker pursuant to this section, and the MOLST qualified health

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care provider determines at any time that the decision is no longer appropriate or authorized

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because the qualified patient has regained decision-making capacity or because the qualified

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patient’s condition has otherwise improved, the MOLST qualified health care provider shall

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immediately:

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     (i) Include such determination in the qualified patient's medical record;

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     (ii) Cancel any orders or plans of care implementing the decision to withhold or withdraw

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life-sustaining treatment;

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     (iii) Notify the health care decision maker who made the decision to withhold or

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withdraw treatment; and

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     (iv) Notify the other health care providers, including the medical and nursing staff

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directly responsible for the qualified patient’s care, of any cancelled MOLST orders or plans of

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care.

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     (g) If a qualified patient with a MOLST order is transferred from a hospital, a licensed

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health facility, or the community, the MOLST order or plan shall remain effective until a MOLST

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qualified health care provider first examines the transferred qualified patient, whereupon a

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MOLST qualified health care provider shall issue appropriate orders to continue the prior order or

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plan. Such orders may be issued without obtaining another consent to withhold or withdraw life-

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sustaining treatment pursuant to this chapter.

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     (h) The MOLST is a voluntary option for qualified patients. No patient is required to

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elect a MOLST.

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     SECTION 5. Section 42-12-19 of the General Laws in Chapter 42-12 entitled

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“Department of Human Services” is hereby amended to read as follows:

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     42-12-19. Permanent advisory commission on traumatic brain injuries –

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Commission established. -- (a) There is hereby established a permanent advisory commission on

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traumatic brain injuries.

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     (b) The purpose of the commission shall be to:

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     (1) Report on all matters relating to traumatic brain injury in Rhode Island to the

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governor and the general assembly.

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     (2) Advise the department of human services, the department of mental health,

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retardation and hospitals, and the department of health regarding the development of priorities

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and criteria for disbursement of moneys in response to both individual requests and grant-seeking

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entities from the traumatic brain injury fund. Such priorities and criteria shall be in accordance

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with the expenditure guidelines set forth in § 42-12-28 of this chapter.

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     (3) Advise the department of human services, the department of mental health,

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retardation and hospitals, and the department of health on all matters regarding traumatic brain

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injury.

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     (c) The commission shall consist of nineteen (19) members. They shall meet not less than

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four (4) times a year and report their findings annually to the governor and general assembly. The

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members of the commission shall serve without compensation. The commissioners shall elect

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their own officers on a biennial basis.

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     (d) The membership of the commission shall be as follows: the director of the department

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of mental health, retardation and hospitals or his or her designee; the director of the department of

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health or his or her designee; the director of the department of human services or his or her

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designee; the director of the department of education or his or her designee, all of whom shall

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serve ex-officio; the chief of neurosurgery at Rhode Island Hospital or his or her designee; the

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president and executive director or two (2) designees of the Brain Injury Association of Rhode

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Island; the director of the Rhode Island Disability Law Center or his or her designee; the governor

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or his or her designee; and ten (10) persons appointed by the governor as follows: two (2) persons

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who are unrelated, one of whom must have a traumatic brain injury, and one of whom may be an

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immediate family member of an individual with a traumatic brain injury; one person who is a

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neurologist; one person who is a psychiatrist physiatrist; one person who is a neuropsychologist;

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one person who is a cognitive rehabilitation specialist; one of whom is a traumatic brain injury

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case manager; one of whom is a physical therapist or occupational therapist; one of whom is a

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representative of a post-acute rehabilitation facility; and one person who is a community-based

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service provider.

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     (e) The first meeting of the members of the commission shall be called to order by the

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governor or his or her designee within ninety (90) days of the effective date of this act [July 7,

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2006]. Of the ten (10) members appointed by the governor, three (3) shall serve a term of one

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year, three (3) shall serve a term of two (2) years, and four (4) shall serve a term of three (3)

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years. Upon expiration of the initial term, commission members shall serve terms of three (3)

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years. The initial terms of commission members shall be determined by lot.

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     SECTION 6. Section 42-61.2-2.2 of the General Laws in Chapter 42-61.2 entitled "Video

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Lottery Terminal" is hereby amended to read as follows:

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     42-61.2-2.2. State authorized to operate casino gaming at Newport Grand. -- (a)

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State-operated casino gaming shall be authorized at the facility of the licensed video lottery

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terminal retailer known as "Newport Grand" located in the town of Newport; provided, that the

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requirements of Article VI, Section 22 of the Rhode Island Constitution are met with respect to

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said facility at the general election next held after enactment of this section.

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     (1)(b) With respect to the Newport Grand facility, the authorization of this section 2.2

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shall be effective upon:

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     (i)(1) The certification by the secretary of state that the qualified voters of the state have

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approved the expansion of gambling at such facility to include casino gaming; and

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     (ii)(2) The certification by the board of canvassers of the city of Newport that the

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qualified electors of the city of Newport have approved the expansion of gambling at such facility

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to include casino gaming.

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     (b)(c) The general assembly finds that:

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     (i)(1) The operation of casino gaming at Newport Grand will play a critical role in the

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economy of the state and enhance local revenues;

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     (2) Pursuant to Article VI, Section 15 of the Rhode Island Constitution and the specific

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powers, authorities and safeguards set forth in subsection (c) herein in connection with the

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operation of casino gaming, the state shall have full operational control over the specified

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location at which casino gaming shall be conducted;

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     (3) It is in the best interest of the state to have the authorization to operate casino gaming

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as specified at Newport Grand; and

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     (4) Pursuant to the provisions of subdivision 42-61.2-2.1(b)(4), and by action of the

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governor, an extensive analysis and evaluation of competitive casino-gaming operations was

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completed, which concluded that the viability of Newport Grand as a video lottery terminal

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facility is threatened by the location of casino gaming in Southeast Massachusetts.; and

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     (5) The legislature shall, by enactment of comprehensive legislation during the 2012

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session, determine the terms and conditions pursuant to which casino gaming would be operated

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in the state if it is authorized as set forth herein.

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     (c)(d) Notwithstanding the provisions of any other law and pursuant to Article VI,

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Section 15 of the Rhode Island Constitution, the state is authorized to operate, conduct and

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control casino gaming at Newport Grand subject to subsection (a) above. In furtherance thereof,

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the state, through the division of state lottery and/or the department of business regulation, shall

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have full operational control to operate the foregoing facilities, the authority to make all decisions

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about all aspects of the functioning of the business enterprise, including, without limitation, the

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power and authority to:

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     (1) Determine the number, type, placement and arrangement of casino-gaming games,

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tables and sites within the facility;

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     (2) Establish with respect to casino gaming one or more systems for linking, tracking,

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deposit and reporting of receipts, audits, annual reports, prohibitive conduct and other such

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matters determined from time to time;

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     (3) Collect all receipts from casino gaming, require that Newport Grand collect casino-

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gaming gross receipts in trust for the state through the division of state lottery, deposit such

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receipts into an account or accounts of its choice, allocate such receipts according to law, and

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otherwise maintain custody and control over all casino-gaming receipts and funds;

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     (4) Hold and exercise sufficient powers over Newport Grand's accounting and finances to

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allow for adequate oversight and verification of the financial aspects of casino gaming at the

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facility, including, without limitation:

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     (i) The right to require Newport Grand to maintain an annual balance sheet, profit and

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loss, and any other necessary information or reports; and

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     (ii) The authority and power to conduct periodic compliance or special or focused audits

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of the information or reports provided, as well as the premises with the facility containing records

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of casino gaming or in which the business of Newport Grand's casino-gaming operations are

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conducted;

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     (5) Monitor all casino-gaming operations and have the power to terminate or suspend any

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casino-gaming activities in the event of an integrity concern or other threat to the public trust, and

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in furtherance thereof, require the licensed video lottery retailer to provide a specified area or

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areas from which to conduct such monitoring activities;

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     (6) Define and limit the rules of play and odds of authorized casino-gaming games,

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including, without limitation, the minimum and maximum wagers for each casino-gaming game;

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     (7) Have approval rights over matters relating to the employment of individuals to be

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involved, directly or indirectly, with the operation of casino gaming at Newport Grand;

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     (8) Establish compulsive gambling treatment programs;

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     (9) Promulgate, or propose for promulgation, any legislative, interpretive and procedural

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rules necessary for the successful implementation, administration and enforcement of this

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chapter; and

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     (10) Hold all other powers necessary and proper to fully effectively execute and

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administer the provisions of this chapter for its purpose of allowing the state to operate a casino-

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gaming facility through a licensed video lottery retailer hosting said casino gaming on behalf of

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the state of Rhode Island.

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     (d)(e) Subject to subsection (a) above, the state, through the division of state lottery

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and/or the department of business regulation, may expand Newport Grand's existing video lottery

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license issued, or issue Newport Grand a new casino-gaming license, to permit casino gaming to

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the extent authorized by this act.

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     (e)(f) Subject to subsection (a) above, all rules and regulations shall be promulgated by

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the state, through the division of state lottery and the department of business regulation, in

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accordance with the authority conferred upon the general assembly pursuant to Article VI,

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Section 15 of the Rhode Island Constitution. In accord therewith, subject to subsection (a) above,

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the state, through the division of state lottery and/or the department of business regulation, shall

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have authority to issue such regulations as it deems appropriate pertaining to control, operation

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and management of casino gaming as specifically set forth in subsections (b), and (c) and (d).

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     SECTION 6. This act shall take effect upon passage.

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LC01524

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

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     This act is the annual statutory construction bill, prepared based upon recommendations

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of the Law Revision Office. The act would make technical changes and revisions to various

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general laws.

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     This act would take effect upon passage.

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LC01524

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