2025 -- H 5460

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LC001288

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO AERONAUTICS -- UNIFORM AERONAUTICAL REGULATORY ACT

     Introduced By: Representatives Azzinaro, Hull, Abney, Read, Fellela, Casimiro, and
Solomon

     Date Introduced: February 12, 2025

     Referred To: House Veterans` Affairs

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 1-4-2 of the General Laws in Chapter 1-4 entitled "Uniform

Aeronautical Regulatory Act" is hereby amended to read as follows:

     1-4-2. Definitions.

     When used in this chapter:

     (1) “Aeronautics” means transportation by aircraft, air instruction, the operation, repair, or

maintenance of aircraft, and the design, operation, repair, or maintenance of airports, landing fields,

or other air navigation facilities.

     (2) “Aircraft” means any contrivance now known or invented, used, or designed for

navigation of, or flight in, the air, except a parachute or other contrivance designed for air

navigation but used primarily as safety equipment.

     (3) “Air instruction” means the imparting of aeronautical information by any aviation

instructor or in any air school or flying club.

     (4) “Airport” means any area of land, water, or both, which is used or is made available for

the landing and take off of aircraft, and which provides facilities for the shelter, supply, and repair

of aircraft and which, as to size, design, surface, marking, equipment, and management meets the

minimum requirements established from time to time by the president and CEO.

     (5) “Air school” means any person engaged in giving, offering to give, or advertising,

representing, or holding himself or herself out as giving, with or without compensation or other

award, instruction in aeronautics — in flying, in ground subjects, or in both.

     (6) “Aviation instructor” means any individual engaged in giving, or offering to give,

instruction in aeronautics — in flying, in ground subjects, or in both — either with or without

compensation or other reward, without advertising his or her occupation, without calling his or her

facilities “air school” or any equivalent term, and without employing or using other instructors.

     (7) “Certificated aircraft” means any aircraft for which an aircraft certificate other than a

registration certificate has been issued by the government of the United States.

     (8) [Deleted by P.L. 2024, ch. 74, § 2 and P.L. 2024, ch. 110, § 2.]

     (9) “Civil aircraft” means any aircraft other than a public aircraft.

     (10) “Dealer in aircraft” or “aircraft dealer” means any person who engages in a business,

a substantial part of which consists of the manufacture, selling, or exchanging of aircraft and who

is registered as a dealer with the federal government.

     (11) [Deleted by P.L. 2024, ch. 74, § 2 and P.L. 2024, ch. 110, § 2.]

     (12) “Flying club” means any person (other than an individual) who, neither for profit nor

reward, owns, leases, or uses one or more aircraft for the purpose of instruction, pleasure, or both.

     (13) “Landing field” means any area of land, water, or both, which is used or is made

available for the landing and take off of aircraft, which may or may not provide facilities for the

shelter, supply, and repair of aircraft, and which, as to size, design, surface, marking, equipment,

and management meets the minimum requirements established from time to time by the president

and CEO.

     (14) “Military aircraft” means public aircraft operated in the service of the United States

army, air force, national guard, navy, marine corps, space force or coast guard.

     (15) “Operate” means, with respect to aircraft, to use, cause to use, or authorize to use an

aircraft, for the purpose of engine start, movement on the ground (taxi), or air navigation including

the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise).

     (16) “Operator” means a person who operates or is in actual physical control of an aircraft.

     (17) “Owner” means the legal title holder or any person, firm, copartnership, association,

or corporation having the lawful possession or control of an aircraft under a written sale agreement.

     (18) “Person” means any individual, or any corporation or other association of individuals.

     (19) “Political subdivision” means any city or town or any other public corporation,

authority, or district, or any combination of two (2) or more, which is or may be authorized by law

to acquire, establish, construct, maintain, improve, and operate airports.

     (20) “President and CEO” means the president and chief executive officer of the Rhode

Island airport corporation.

     (21) “Public aircraft” means an aircraft used exclusively in the governmental service.

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     SECTION 2. Section 9-18-5 of the General Laws in Chapter 9-18 entitled "Depositions" is

hereby amended to read as follows:

     9-18-5. Manner of taking depositions outside state for use in state.

     Depositions may be taken without this state to be used in the tribunals of this state, upon

written notice conforming to the applicable rules of procedure, and shall be taken in the manner

and with the formalities required by the law of this state or the state, district, territory, or country

in which the deposition shall be taken; or shall be taken, if taken in any other state, district, or

territory of the United States, before a commissioner appointed by the governor of this state, or

before a judge, chancellor, justice of the peace, notary public, or civil magistrate of the state,

district, or territory, respectively, or, if taken out of the United States, before a resident official of

the United States, or, if the deponent is in the military, air, or naval service of the United States,

before a colonel, lieutenant colonel, or major in the army or air force, before the chief of operations

in space force, or before any officer in the navy not below the grade and rank of lieutenant

commander. And in every such case under the second method, the party causing the depositions to

be taken shall notify the adverse party, or his or her attorney of record, of the time and place

appointed for taking the deposition; and the notification issued by the official before whom the

deposition is to be taken shall be served, in the manner as provided in § 9-18-4, such reasonable

time before the taking of the deposition as will give the adverse party a full opportunity to be present

in person or by attorney and put interrogatories to the deponent, if he or she thinks fit.

     SECTION 3. Section 9-19-19 of the General Laws in Chapter 9-19 entitled "Evidence" is

hereby amended to read as follows:

     9-19-19. Finding of presumed death under federal Missing Persons Act.

     A written finding of presumed death, made by the secretary of the army, the secretary of

the navy, the secretary of the air force, or the chief of space operations in space force or other

officer or employee of the United States authorized to make such finding, pursuant to the federal

Missing Persons Act, 5 U.S.C. § 5561 et seq., as now or hereafter amended, or a duly certified copy

of such finding shall be received in any court, office, or other place in this state as prima facie

evidence of the death of the person therein found to be dead, and the date, circumstances, and place

of his or her disappearance.

     SECTION 4. Sections 11-47-9, 11-47-21, 11-47-35 and 11-47-51 of the General Laws in

Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:

     11-47-9. Persons exempt from restrictions.

     (a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the

superintendent and members of the state police; members of the Rhode Island airport police

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department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief

deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those

assigned to the investigation unit; Providence fire department arson investigators, provided that the

investigator receiving the permit is a graduate of a police-training academy; correctional officers,

chief inspector and inspectors within the office of inspections, within the department of corrections;

members of the city or town police force; capitol police investigators of the department of attorney

general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness

protection review board as set forth in chapter 30 of title 12 and subject to the minimum

qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant

to § 31-50-1; railroad police while traveling to and from official assignments or while on

assignments; conservation officers; or other duly appointed law enforcement officers; nor to

members of the Army, Navy, Air Force, Space Force, and Marine Corps of the United States, the

National Guard, or organized reserves, when on duty; nor to members of organizations by law

authorized to purchase or receive firearms from the United States or this state, provided these

members are at, or going to or from, their places of assembly or target practice; nor to officers or

employees of the United States authorized by law to carry a concealed firearm; nor to any civilian

guard or criminal investigator carrying sidearms or a concealed firearm in the performance of his

or her official duties under the authority of the commanding officer of the military establishment

in the state of Rhode Island where he or she is employed by the United States; nor to any civilian

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

the authority of the adjutant general where he or she is employed guarding a national guard facility,

provided, that the commanding officer of the military establishment shall have on file with the

attorney general of this state a list of the names and addresses of all civilian guards and criminal

investigators so authorized; nor to duly authorized military organizations when on duty; nor to

members when at, or going to or from, their customary places of assembly; nor to any individual

employed in the capacity of warden, associate warden, major, captain, lieutenant, sergeant,

correctional officer or investigator at any project owned or operated by a municipal detention

facility corporation, including the Donald W. Wyatt Detention Facility; nor to the regular and/or

ordinary transportation of pistols or revolvers as merchandise; nor to any person while transporting

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

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

to a federal firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms

repair facility, to any police station or other location designated as a site of a bona fide “gun buy-

back” program, but only if said pistol or revolver is unloaded and any ammunition for said pistol

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or revolver is not readily or directly accessible from the passenger compartment of such vehicle

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

separate from the passenger compartment, the firearm or the ammunition shall be stored in a locked

container.

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

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

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

firearms as merchandise or as household or business goods.

     11-47-21. Restrictions on possession or carrying of explosives or noxious substances.

     Any person, except a member of the state police, division of sheriffs, a member of the

police force of any city or town, or a member of the Army, Navy, Air Force, Space Force or Marine

Corps of the United States, or of the National Guard or organized reserves when on duty, who

possesses, or carries on or about his or her person or in a vehicle, a bomb or bombshell, except for

blasting or other commercial use, or who, with intent to use it unlawfully against the person or

property of another, possesses or carries any explosive substance, or any noxious liquid, gas, or

substance, shall be guilty of a violation of this chapter and punished as provided in § 11-47-26.

     11-47-35. Sale of concealable weapons — Safety courses and tests — Issuance of

permits to certain government officers.

     (a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall

have elapsed from twelve o’clock (12:00) noon of the day following the day of application for the

purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with

the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the

United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and

any nonresident member of the armed forces of the United States who is stationed in this state and

who is twenty-one (21) years of age or older, may, upon application, purchase or acquire a pistol

or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall:

(i) Complete and sign in triplicate and deliver to the person selling the pistol or revolver the

application form described in this section, and in no case shall it contain the serial number of the

pistol or revolver; and (ii) Present to the person selling the pistol or revolver a pistol/revolver safety

certificate issued by the department of environmental management. The certificate shall be retained

in the possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser

has completed a basic pistol/revolver safety course as shall be administered by the department of

environmental management.

(Face of application form)

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Application to Purchase Pistol or Revolver

Date .............................................................. Hour ..................................................... A.M. P.M.

Name ...............................................................................................................................................

Address ............................................................................................................................................

(Street and number) (City or town) (State)

Date of Birth ......................................... Place of Birth ...................................................................

Height ........................................Weight .......................................Color hair..................................

Color eyes ........................................................................................................................................

Scars .................................................................................................................................................

Tattoos .............................................................................................................................................

Other identifying marks......................... ..........................................................................................

Are you a citizen of the United States .............................................................................................

Are you a citizen of Rhode Island ...................................................................................................

How long .........................................................................................................................................

Where stationed ...............................................................................................................................

(Armed Forces only)

Number of pistols and/or revolvers to be purchased .......................................................................

Have you ever been convicted of a crime of violence ....................................................................

(See § 11-47-2)

Have you ever been adjudicated or under confinement as addicted to a

controlled substance .......................................................................................................................

Have you ever been adjudicated or under confinement for alcoholism .........................................

Have you ever been confined or treated for mental illness ............................................................

From whom is pistol or revolver being purchased .........................................................................

Seller’s address ...............................................................................................................................

Seller’s signature ............................................................................................................................

Applicant’s signature ......................................................................................................................

(See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 — 11-

47-55, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the

penalties for violation of the provisions of the cited sections. I further certify that I have completed

the required basic pistol/revolver safety course.

Signed .............................................................................................................................................

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(over)

County of ........................................................................................................................................

State of Rhode Island (Face of application form)

Application to Purchase Pistol or Revolver

Date ………………………………………… Hour ………………………………… A.M. P.M.

Name

Address

      (Street and number) (City or town) (State)

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Number of pistols and/or revolvers to be purchased

Have you ever been convicted of a crime of violence

(See § 11-47-2)

Have you ever been adjudicated or under confinement as addicted to a controlled substance

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is pistol or revolver being purchased

Seller's address

Seller's signature

Applicant's signature

(See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 — 11-

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47-55, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the

penalties for violation of the provisions of the cited sections. I further certify that I have

completed the required basic pistol/revolver safety course.

Signed

      (over)

County of

State of Rhode Island

Subscribed and sworn before me this ……… day of ……. A.D. 20.....

      Notary Public

      ......................................

Subscribed and sworn before me this ……….... day of ………...... A.D. 20…………………….

Notary Public

..............................

      (2) The person selling the pistol or revolver shall on the date of application sign and

forward by registered mail, by delivery in person, or by electronic mail if approved by the

applicable police department, the original and duplicate copies of the application to the chief of

police in the city or town in which the purchaser has his or her residence or to the superintendent

of the Rhode Island state police in the instance where the purchaser either resides in the town of

Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of

police in the city or town in which the purchaser has his or her residence shall mark or stamp the

original copy of the application form with the date and the time of receipt and return it by the most

expeditious means to the person who is selling the pistol or revolver. The triplicate copy duly signed

by the person who is selling the pistol or revolver shall within seven (7) days be sent by him or her

by registered mail, by delivery in person, or by electronic mail to the attorney general. The person

who is selling the pistol or revolver shall retain the original copy duly receipted by the police

authority to whom sent or delivered for a period of six (6) years with other records of the sale. It

shall be the duty of the police authority to whom the duplicate copy of the application form is sent

or delivered to make a background check of the applicant to ascertain whether he or she falls under

the provisions of § 11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. If, after the lapse of seven (7)

days from twelve o’clock (12:00) noon of the day following application, no disqualifying

information has been received from the investigating police authority by the person who is selling

the pistol or revolver, he or she will deliver the firearm applied for to the purchaser. Upon the

finding of no disqualifying information under the provisions of the above cited sections of this

chapter, and in no case later than thirty (30) days after the date of application, the duplicate and

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triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate copies

in violation of this section or any unauthorized use of the information contained in the copies by a

person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The

provisions of this section shall not apply to bona fide sales at wholesale to duly licensed retail

dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11-47-39.

     (b)(1) The department of environmental management shall establish the basic

pistol/revolver safety course required by this section. The safety course shall consist of not less

than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course

shall be available to buyers continually throughout the year at convenient times and places but at

least monthly at locations throughout the state, or more frequently as required. Proficiency in the

use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No

person shall be required to complete the course more than once; provided, that any person

completing the course who is unable to produce the safety certificate issued by the department of

environmental management shall be required to take the course again unless the person provides

evidence to the department that he or she has successfully completed the course.

     (2) The administration of the basic pistol/revolver safety course required by this section

shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

     (c) Proof of passage of the department of environmental management’s basic hunter safety

course will be equivalent to the pistol/revolver safety certificate mandated by this section.

     (d) Any person who has reason to believe that he or she does not need the required handgun

safety course may apply by any written means to the department of environmental management to

take an objective test on the subject matter of the handgun safety course. The test shall be prepared,

as well as an instruction manual upon which the test shall be based, by the department. The manual

shall be made available by any means to the applicant who may, within the time limits for

application, take the objective test at the department or at any location where the handgun safety

course is being given. Any person receiving a passing grade on the test shall be issued a

pistol/revolver safety certificate by the department.

     (e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11.]

     (f) The following persons shall be issued basic pistol/revolver permits by the department

of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

state police, prison or jail wardens or their deputies, members of the city or town police force,

members of the park police, conservation officers, members of the airport police and officers of the

United States government authorized by law to carry a concealed firearm and, at the discretion of

the department of environmental management, any person who can satisfactorily establish that he

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or she formerly held one of these offices or were so authorized.

     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps, Space Force

or Coast Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate

or basic pistol/revolver permit under this section so long as he or she remains on active duty.

(h) Any person who is serving in the active reserve components of the Army, Navy, Air

Force, Marine Corps, Space Force, or Coast Guard, or any person in an active duty paid status in

the Rhode Island National Guard, shall not be required to obtain a basic pistol/revolver safety

certificate under this section so long as he or she remains in active status.

     11-47-51. Loaded rifles and shotguns in vehicles and roadways.

     (a) It is unlawful for any person to have in his or her possession a loaded rifle or loaded

shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been

removed while upon or along any public highway, road, lane, or trail within this state; provided,

that the provisions of this section shall not apply to deputy sheriffs, the superintendent and members

of the state police, prison or jail wardens or their deputies, members of the city or town police force,

investigators of the department of attorney general appointed pursuant to § 42-9-8.1, the director,

assistant director and other inspectors and agents at the Rhode Island state fugitive task force

appointed pursuant to § 12-6-7.2 [repealed], nor to other duly appointed law enforcement officers,

including conservation officers, nor to members of the Army, Navy, Air Force, Space Force, or

Marine Corps of the United States, or the National Guard or organized reserves, when on duty, nor

to officers or employees of the United States authorized by law to carry a concealed firearm, nor to

any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the

performance of his or her official duties under the authority of the commanding officer of the

military establishment in the state of Rhode Island where he or she is employed by the United

States; nor to persons legally engaged in hunting activity pursuant to the provisions of chapter 13

or 18 of title 20.

     (b) Any person convicted of violating the provisions of this section shall be punished by

imprisonment of not more than five (5) years, or by a fine of up to five thousand dollars ($5,000),

or both.

     SECTION 5. Section 11-70-1 of the General Laws in Chapter 11-70 entitled "False

Representation of Military Status" is hereby amended to read as follows:

     11-70-1. False representation of military status prohibited — Stolen valor.

     (a) A person commits the crime of stolen valor if he or she knowingly, with the intent to

obtain money or property:

     (1) Fraudulently represents himself or herself to be an active member or veteran of the

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United States Navy, Army, Air Force, Marines, Space Force, or Coast Guard, including armed

forces reserves and National Guard, through the unauthorized manufacture, sale, or use of military

regalia or gear, including the wearing of military uniforms, or the use of falsified military

identification, and obtains money or property through such fraudulent representation; or

     (2) Fraudulently represents himself or herself to be a recipient of the Congressional Medal

of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart,

Combat Infantryman Badge, Combat Action Badge, Combat Medical Badge, Combat Action

Ribbon, or Air Force Combat Action Medal, and obtains money or property through such

fraudulent representation.

     (b) A person who commits the crime of stolen valor is guilty of a misdemeanor and shall

be punished by imprisonment for not more than one year or by a fine of one thousand dollars

($1,000), or both.

     (c) Any monies collected pursuant to this chapter shall be forwarded to the office of the

adjutant general to be allocated to the Rhode Island military family relief fund established pursuant

to § 30-3-41.

     SECTION 6. Section 16-92-3 of the General Laws in Chapter 16-92 entitled "Interstate

Compact on Educational Opportunity for Military Children" is hereby amended to read as follows:

     16-92-3. Definitions.

     As used in this chapter, unless the context clearly requires a different construction:

     (1) “Active duty” means full-time duty status in the active uniformed service of the United

States, including members of Space Force, the National Guard and Reserve on active duty orders

pursuant to 10 U.S.C. § 1209 and 1211.

     (2) “Children of military families” means a school-aged child or children, enrolled in

kindergarten through twelfth grade, in the household of an active duty member.

     (3) “Compact commissioner” means the voting representative of each compacting state

appointed pursuant to § 16-91-9 of this chapter.

     (4) “Deployment” means the period one month prior to the service members’ departure

from their home station on military orders through six (6) months after return to their home station.

     (5) “Education or educational records” means those official records, files, and data directly

related to a student and maintained by the school or local education agency, including, but not

limited to, records encompassing all the material kept in the student’s cumulative folder such as

general identifying data, records of attendance and of academic work completed, records of

achievement and results of evaluative tests, health data, disciplinary status, test protocols, and

individualized education programs.

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     (6) “Extracurricular activities” means a voluntary activity sponsored by the school or local

education agency or an organization sanctioned by the local education agency. Extracurricular

activities include, but are not limited to, preparation for and involvement in public performances,

contests, athletic competitions, demonstrations, displays, and club activities.

     (7) “Interstate Commission on Educational Opportunity for Military Children” means the

commission that is created under this chapter, which is generally referred to as interstate

commission.

     (8) “Local education agency” means a public authority legally constituted by the state as

an administrative agency to provide control of and direction for kindergarten through twelfth grade

public educational institutions.

     (9) “Member state” means a state that has enacted this compact.

     (10) “Military installation” means a base, camp, post, station, yard, center, homeport

facility for any ship, or other activity under the jurisdiction of the Department of Defense, including

any leased facility, which is located within any of the several states, the District of Columbia, the

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern

Marianas Islands and any other U.S. Territory. Such term does not include any facility used

primarily for civil works, rivers and harbors projects, or flood control projects.

     (11) “Non-member state” means a state that has not enacted this compact.

     (12) “Receiving state” means the state to which a child of a military family is sent, brought,

or caused to be sent or brought.

     (13) “Rule” means a written statement by the interstate commission promulgated pursuant

to § 16-91-13 of this chapter that is of general applicability, implements, interprets or prescribes a

policy or provision of the compact, or an organizational, procedural, or practice requirement of the

interstate commission, and has the force and effect of statutory law in a member state, and includes

the amendment, repeal, or suspension of an existing rule.

     (14) “Sending state” means the state from which a child of a military family is sent,

brought, or caused to be sent or brought.

     (15) “State” means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern

Marianas Islands and any other U.S. Territory.

     (16) “Student” means the child of a military family for whom the local education agency

receives public funding and who is formally enrolled in kindergarten through twelfth grade.

     (17) “Transition” means: (i) The formal and physical process of transferring from school

to school; or (ii) The period of time in which a student moves from one school in the sending state

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to another school in the receiving state.

     (18) “Uniformed service or services” means the Army, Navy, Air Force, Marine Corps,

Space Force, Coast Guard as well as the Commissioned Corps of the National Oceanic and

Atmospheric Administration, and Public Health Services.

     (19) “Veteran” means a person who served in the uniformed services and who was

discharged or released there from under conditions other than dishonorable.

     SECTION 7. Sections 20-13-4 and 20-13-8 of the General Laws in Chapter 20-13 entitled

"Hunting and Hunting Safety" are hereby amended to read as follows:

     20-13-4. Certificate of competency required for initial license.

     (a) No license to hunt shall be issued to any person unless that person has held a hunting

license in a prior year or unless he or she presents to the licensing agent a certificate of competency

issued under § 20-13-2, or under an equivalent hunter safety program adopted by any other state;

provided, that in the case of those qualifying only for use of archery equipment, the licensing agent

shall mark across the face of the license “archery only.” A hunting license designated “archery

only” is limited to the use of bows and arrows while hunting or pursuing game in this state. Each

agent shall transmit all competency certificates presented to the agent to the department of

environmental management, along with the reports required to be filed pursuant to § 20-2-3.

     (b) Any person who is serving in, or who has been honorably discharged from, the army,

navy, air force, marine corps, space force, or coast guard, or any women’s auxiliary branch, is not

required to obtain a certificate of competency under this section or § 20-13-2.

     20-13-8. Loaded weapons in vehicles.

     It is unlawful for any person to have in his or her possession a loaded rifle or loaded shotgun

or a rifle or shotgun from the magazine of which all shells and cartridges have not been removed,

in or on any vehicle or conveyance or its attachments while upon or along any public highway,

road, lane, or trail within this state; provided, however, that the provisions of this section shall not

apply to deputy sheriffs, the superintendent and members of the state police, prison or jail wardens

or their deputies, members of the city or town police force, or other duly appointed law enforcement

officers, including conservation officers and park police, nor to members of the army, navy, air

force, space force, and marine corps of the United States, the national guard or organized reserves,

when on duty, or officers or employees of the United States authorized by law to carry a concealed

firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed firearm

in the performance of his or her official duties under the authority of the commanding officer of

the military establishment in the state of Rhode Island where he or she is employed by the United

States.

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     SECTION 8. Sections 30-3-11 and 30-3-38 of the General Laws in Chapter 30-3 entitled

"National Guard" are hereby amended to read as follows:

     30-3-11. Classes from which commissioned officers selected.

     Persons hereafter commissioned as officers of the national guard shall be selected from the

following classes:

     (1) Officers or enlisted persons of the national guard;

     (2) Officers, active or retired, reserve officers, and former officers of the United States

army, air force, navy, marine corps, space force, or coast guard, enlisted men and former enlisted

persons of the United States army, air force, navy, marine corps, space force, or coast guard who

have received an honorable discharge therefrom;

     (3) Graduates of any of the United States military and naval academies;

     (4) Graduates of schools, colleges, universities, and officers’ training camps, where they

have received military instruction under the supervision of an officer of the armed forces on active

duty who certified their fitness for appointment as commissioned officers;

     (5) For the technical branches or staff corps and departments, such other civilians as may

be specially qualified for duty therein; and

     (6) Or otherwise, as the above classes shall be changed or altered by the laws of the United

States and the regulations issued thereunder.

     30-3-38. Retirement of officers.

     (a) Every commissioned officer or warrant officer of the national guard shall, upon

reaching the age of retirement as provided by the laws of the United States, be placed on the retired

list with the rank held by him or her at the time of retirement.

     (b) Any commissioned officer of the national guard who shall have served in the militia of

the state for ten (10) years, or who shall have served as an enlisted person or officer for thirteen

(13) years, may, upon his or her own application to the commander-in-chief, be placed upon the

list of retired officers and withdrawn from active service with the highest rank held by that officer.

     (c) In computing the time necessary for retirement, officers shall be credited for all service

in the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, and the

Rhode Island state guard in time of war.

     (d) These officers shall be borne on the rolls of the national guard and, during any

emergency, may be placed on duty by the governor.

     SECTION 9. Section 30-17.1-1 of the General Laws in Chapter 30-17.1 entitled "Veterans’

Affairs" is hereby amended to read as follows:

     30-17.1-1. Appropriations.

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     The general assembly shall annually appropriate such sums as it may deem necessary for

the support of the veterans’ home in the town of Bristol, any veterans’ cemetery authorized and

established by the general assembly, and the assistance of the widows, widowers, and dependent

children of deceased veterans, known as the “veterans’ assistance fund”, for the assistance of

worthy dependent veterans, and the dependent-worthy families of those veterans who served in the

army, navy, marine corps, coast guard, space forces, and air force of the United States and were

honorably discharged from that service, and for such clerical assistance as may be required in

connection with the administration of that program; and the state controller is hereby authorized

and directed to draw an order upon the general treasurer for the payment of such sums as may be

from time to time required, upon receipt by the state controller of proper vouchers approved by the

director of veterans’ affairs.

     SECTION 10. Section 30-21-12 of the General Laws in Chapter 30-21 entitled

"Employment of Veterans" is hereby amended to read as follows:

     30-21-12. Appointment to police or fire forces.

     Any citizen who has served in the military service of the United States, in the army, navy,

marines, coast guard, space force, or air force thereof, and who has received an honorable discharge

therefrom, may be eligible for appointment as a police officer or firefighter in any city or town of

this state in the same manner as though that citizen were a qualified elector of the city or town on

the date of his or her appointment; provided, however, that the citizen, if registered at any time

during the military service, would be a qualified elector of that city or town at the date of that

appointment.

     SECTION 11. Sections 30-24-1 and 30-24-10 of the General Laws in Chapter 30-24

entitled "Rhode Island Veterans’ Home" are hereby amended to read as follows:

     30-24-1. Management and control.

     The management and control of the Rhode Island veterans’ home, established in this state

for those who served in the army, navy, marine corps, coast guard, merchant marines, space force,

or air force of the United States in any war or conflict and were honorably discharged therefrom,

who shall be in need of such care as is provided at the home, shall be the responsibility of the

director of human services, or his or her designee.

     30-24-10. Admissible to home — Fees.

     (a) Any person who has served in the army, navy, marine corps, coast guard, space force,

or air force of the United States for a period of ninety (90) days or more and that period began or

ended during any foreign war in which the United States shall have been engaged or in any

expedition or campaign for which the United States government issues a campaign medal, and who

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was honorably discharged from it, and who shall be deemed to be in need of care provided at the

Rhode Island veterans’ home, may be admitted to that facility subject to such rules and regulations

as shall be adopted by the director of human services to govern the admission of applicants to the

facility. Any person who has served in the armed forces of the United States designated herein and

otherwise qualified, who has served less than the ninety-day (90) period described in this section,

and who was honorably discharged from service, and who, as a result of the service, acquired a

service-connected disability or disease, may be admitted. No person shall be admitted to the facility

unless the person has been accredited to the enlistment or induction quota of the state or has resided

in the state for at least two (2) consecutive years next prior to the date of the application for

admission to the facility.

     (b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem

expenses of maintenance of residents in the facility and shall assess against each resident who has

“net income”, as defined in this section, a fee equal to eighty percent (80%) of the resident’s net

income, provided that fee shall not exceed the actual cost of care and maintenance for the resident;

and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall

be allocated to, and deposited in, the veterans’ restricted account. For the purposes of this section,

“net income” is defined as gross income minus applicable federal and state taxes and minus:

     (i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty

percent (50%) of any sum received due to wounds incurred under battle conditions for which the

resident received the purple heart; and

     (ii) The amount paid by a resident for the support and maintenance of his or her spouse,

parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as

defined in title XVI of the Federal Social Security Act, 42 U.S.C. §§ 1381 — 1383d, subject to a

maximum amount to be determined by rules and regulations as shall be adopted by the director.

     (2) The fees shall be paid monthly to the home and any failure to make payment when due

shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded

administrative due process.

     (c) Admissions to the veterans’ home shall be made without discrimination as to race,

color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity

or expression, assets, or income.

     (d) Laundry services shall be provided to the residents of the Rhode Island veterans’ home

at no charge to the residents, with such funds to cover the cost of providing laundry services for

residents of the Rhode Island veterans’ home derived from monies appropriated to the department

of human services.

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     SECTION 12. Sections 30-25-3 and 30-25-14 of the General Laws in Chapter 30-25

entitled "Burial of Veterans" are hereby amended to read as follows:

     30-25-3. Burial at public expense.

     Whenever any person who served in the army, navy, air force, coast guard, space force, or

marine corps of the United States during any period of war, and was honorably discharged

therefrom, shall die within this state without leaving means sufficient to defray necessary funeral

expenses, he or she shall be buried and the expenses thereof paid in the manner provided in this

chapter.

     30-25-14. Rhode Island veterans’ memorial cemetery.

     (a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph

H. Ladd school in the town of Exeter, shall be under the management and control of the director of

the department of human services. The director of the department of human services shall appoint

an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably

discharged veteran of the United States Armed Forces and shall have the general supervision over,

and shall prescribe rules for, the government and management of the cemetery. The administrator

shall make all needful rules and regulations governing the operation of the cemetery and generally

may do all things necessary to ensure the successful operation thereof. The director shall

promulgate rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to

govern the eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all

persons eligible for burial pursuant to rules and regulations established by the director, any person

who served in the army, navy, air force, coast guard, space force, or marine corps of the United

States for a period of not less than two (2) years and whose service was terminated honorably, shall

be eligible for burial in the Rhode Island veterans’ memorial cemetery. The director shall appoint

and employ all subordinate officials and persons needed for the proper management of the

cemetery. National guard members who are killed in the line of duty or who are honorably

discharged after completion of at least six (6) years of service in the Rhode Island national guard

and/or reserve and their spouse shall be eligible for interment in the Rhode Island veterans’

memorial cemetery. National guard members and/or reservists who are honorably discharged after

completion of at least six (6) years of service with another state, and who are a Rhode Island

resident for at least two (2) consecutive years immediately prior to death, shall be eligible, along

with their spouse, for interment in the Rhode Island veterans’ memorial cemetery. For the purpose

of computing service under this section, honorable service in the active forces or reserves shall be

considered toward the six (6) years of national guard service. The general assembly shall make an

annual appropriation to the department of human services to provide for the operation and

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maintenance for the cemetery. The director shall charge and collect a grave liner fee per interment

of the eligible spouse and/or eligible dependents of the qualified veteran, national guard member,

and/or reservist equal to the department’s cost for the grave liner.

     (b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’

memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing

ear signal dogs or any other service animal, as required by federal law or any personal assistance

animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section

shall be subject to a fine of not less than five hundred dollars ($500).

     (c) The state of Rhode Island office of veterans services shall bear the cost of all tolls

incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from

Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The

executive director of the turnpike and bridge authority shall assist in the administration and

coordination of this toll reimbursement program.

     SECTION 13. Section 30-27-2 of the General Laws in Chapter 30-27 entitled "Veterans’

Organizations" is hereby amended to read as follows:

     30-27-2. Recognition of Italian American organization.

     The Italian American war veterans of the United States, incorporated, as federally

chartered, whose membership and officers consist solely of honorably discharged American war

veterans who served in the United States army, navy, marine corps, coast guard, space force or air

force, is hereby declared to be an officially recognized veterans’ organization in this state.

     SECTION 14. Sections 31-3-53 and 31-3-80 of the General Laws in Chapter 31-3 entitled

"Registration of Vehicles" are hereby amended to read as follows:

     31-3-53. Veterans’ plates.

     (a) The registrar of motor vehicles shall issue for any motor vehicle eligible for registration

as an automobile, or for any motorcycle eligible for registration as a motorcycle, or for a

commercial vehicle having a gross weight of twelve thousand pounds (12,000 lbs.) or less, plates

designated as “Veteran” upon application on proper forms furnished by the administrator of the

division of motor vehicles to veterans.

     (b) The special plate designated “Veteran” shall be designed as follows:

     (1) Letters and numbers shall be blue in a white background with the words “Rhode Island”

clearly visible at the top center of the plate and the word “Veteran” visible at the bottom center of

the plate.

     (2) The background will be a red, white, and blue waving American Flag.

     (3) On the top right corner will be a decal with the military branch of the service in which

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the Veteran served (Army, Navy, Air Force, Marines, Coast Guard, Space Force and Merchant

Marines).

     (4) For war veterans, a white decal with blue letters with the words “War Veteran” placed

under the military branch decal on the right side of the plate above the validation sticker.

     (c) The applicant shall not be required to pay a service charge or a transfer charge for each

plate.

     (d)(1) The applicant shall be entitled to a plate for each vehicle owned by the applicant.

     (2) The applicant shall also be entitled to a plate for one vehicle owned by an entity the

applicant owns. The entity must be registered and authorized to conduct business in the state of

Rhode Island. The applicant must provide to the division of motor vehicles documentation

demonstrating the applicant’s ownership of the entity.

     (e) The owner of a motor vehicle eligible for registration as a commercial vehicle and

having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued veteran plates

shall continue to pay the appropriate commercial registration fee for those plates.

     (f)(1) For the purposes of this section, a “veteran” shall be defined as any person who has

served on active duty in the armed forces of the United States. The term “veteran” shall also include

members of the National Guard and Reserves: (i) Called to active duty authorized by the President

of the United States or the Secretary of Defense; or (ii) Who have twenty (20) years of service with

a letter and record of separation of service.

     (2) For the purposes of this section, “War Veteran” shall be defined as any veteran of any

conflict or undeclared war who has earned a campaign ribbon or expeditionary medal for service

in either a declared or undeclared war as noted on the war veteran’s DD-214. Upon the death of the

holder of any veteran plates, the plates shall be transferred to the surviving spouse for the spouse’s

lifetime until he or she remarries.

     (g) The “veteran” or “war veteran” described in subdivisions (f)(1)(i) or (ii) and (f)(2) must

have been honorably discharged from the armed forces of this nation in order to receive plates

pursuant to this section and, for purposes of this section, a medical discharge or a general discharge

shall be deemed an honorable discharge.

     (h) [Deleted by P.L. 2021, ch. 119, §  1 and P.L. 2021, ch. 120, §  1.]

     (i) A person shall be eligible for a veterans’ plate if his or her deceased spouse was eligible

for a veterans’ plate, notwithstanding the fact that the eligible, deceased spouse died prior to the

enactment of this section in 1988.

     31-3-80. Reserve Forces plates.

     (a) The administrator of the division of motor vehicles is empowered and authorized to

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make available to all active and retired members of the United States Reserve Forces of Rhode

Island a special motor vehicle registration plate for any motor vehicle eligible for registration as an

automobile or a commercial vehicle having a gross weight of eight thousand five hundred pounds

(8,500 lbs.) or less.

     (b) The special motor vehicle registration plate shall carry on it the designation “US

Reserve Forces” and shall carry on it the titles, (Army, Marines, Navy, Air Force, Space Force, and

Coast Guard) arranged on the left hand side of the plate from top to bottom in this order of

precedence, with numerals to the right of the titles.

     (c) The administrator of the division of motor vehicles shall issue the plate upon payment

of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00) for the

plate. All revenues shall be deposited as general revenues.

     (d) For the purposes of this section an active or retired member of the United States Reserve

Forces shall be defined as currently serving or having retired under honorable conditions from any

of the Reserve Forces other than the Rhode Island Army or Air National Guard.

     (e) In a national state of emergency, any active member of the United States Reserve Forces

driving a vehicle bearing the special motor vehicle registration plate shall be authorized and

empowered to travel upon the highways of the state notwithstanding any driving ban imposed by

any state or municipal authority.

     (f) No US Reserve Forces plates shall be issued until at least nine hundred (900) such plates

have been ordered.

     SECTION 15. Sections 34-12-5 and 34-12-9 of the General Laws in Chapter 34-12 entitled

"Acknowledgments and Notarial Acts" are hereby amended to read as follows:

     34-12-5. Power of armed forces officers to take acknowledgments.

     In addition to the acknowledgment of instruments and the performance of other notarial

acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged,

documents attested, oaths and affirmations administered, depositions and affidavits executed, and

other notarial acts performed, before or by any commissioned officer in active service of the armed

forces of the United States with the rank of second lieutenant or higher in the army, air force, or

marine corps, or with the rank of ensign or higher in the navy or coast guard, or with equivalent

rank in any other component part of the armed forces of the United States, including Space Force,

by any person without the limits of the United States, and to any person who is a member of the

armed forces who is within or without the limits of the United States and their lawful dependents.

     34-12-9. Validation of prior acknowledgments before foreign notary public.

     Any acknowledgment taken or made prior to April 27, 1928, of or upon any instrument

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used in conveying, directly or indirectly, any interest in real estate in this state, including power of

attorney, and any other instruments heretofore acknowledged prior to April 27, 1928, before any

notary public in any foreign country or territory without the United States, which instrument

appears of record to have been duly recorded in any of the records of land evidence in this state,

and the acknowledgment therein appearing was taken before a notary public outside the United

States, which notary public was duly commissioned in the foreign place where the acknowledgment

was taken, to take the acknowledgment, and the acknowledgment is accredited, approved or

affirmed, or the commission of the foreign notary public is attested or certified by any ambassador,

minister, charge d’affaires, consul general, vice-consul general, consul, vice consul, or consular

agent of the United States, or any commissioned officer in active service of the armed forces of the

United States with the rank of second lieutenant or higher in the army, air force, or marine corps,

or with the rank of ensign or higher in the navy or coast guard, or with equivalent rank in any other

component of the armed forces of the United States including Space Force, duly establishing the

fact that the notary public was at the time of taking the acknowledgment duly authorized by the

law, rules, or regulations of his or her particular country or territorial section thereof, in which the

acknowledgment was taken, to duly administer oaths or take acknowledgments, then the

acknowledgment and conveyance in connection with which the acknowledgment was taken shall,

for the purpose of the acknowledgment and execution thereof, be deemed a valid acknowledgment,

and shall have the same effect as if acknowledged before a notary public in this state.

     SECTION 16. Section 37-14.3-3 of the General Laws in Chapter 37-14.3 entitled "Veteran-

Owned Business Enterprises" is hereby amended to read as follows:

     37-14.3-3. Definitions.

     As used in this chapter, the following words shall have the following meanings:

     (1) “Compliance” means the condition existing when a contractor has met and

implemented the requirements of this chapter.

     (2) “Contract” means a mutually binding legal relationship or any modification thereof

obligating the seller to furnish supplies or services, including construction, and the buyer to pay for

them. For purposes of this chapter, a lease is a contract.

     (3) “Contractor” means one who participates, through a contract or subcontract, in any

procurement or program covered by this chapter and includes lessees and material suppliers.

     (4) “Economically disadvantaged” means that the veteran’s personal net worth is not in

excess of the economic disadvantaged criteria as established in 49 C.F.R. part 26.

     (5) “Noncompliance” means the condition existing when a recipient or contractor has failed

to implement the requirements of this chapter.

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     (6) “Small business concern” means a concern, including its affiliates, that is independently

owned and operated; not dominant in the field of operations in which it is bidding on state

government contracts; and qualified as a small business under the criteria and size standards in 13

C.F.R. part 121.

     (7) “Veteran” means a person who served on active duty with the U.S. Army, Air Force,

Navy, Marine Corps, Space Force, or Coast Guard, for a minimum of one hundred eighty (180)

days and who was discharged or released under conditions other than dishonorable. Reservists or

members of the National Guard called to federal active duty (for other than training) or disabled

from a disease or injury incurred or aggravated in the line of duty or while in training status also

qualify as a veteran pursuant to 38 C.F.R. part 74.

     (8) “Veteran-owned small business enterprise” means a small business concern, not less

than fifty-one percent (51%) of which is owned and controlled by one or more economically

disadvantaged veterans, and may include a business owned by a surviving spouse or permanent

caregiver of a veteran as provided by 38 C.F.R. part 74.

     SECTION 17. Section 34-27-4 of the General Laws in Chapter 34-27 entitled "Mortgage

Foreclosure and Sale" is hereby amended to read as follows:

     34-27-4. Publication of notice under power of sale and rights of active military

servicemembers.

     (a) Whenever any real estate shall be sold under any power of sale mortgage executed

subsequent to May 4, 1911, and the mortgage shall provide for the giving of notice of the sale by

publication in some public newspaper at least once a week for three (3) successive weeks before

the sale, the first publication of the notice shall be at least twenty-one (21) days before the day of

sale, including the day of the first publication in the computation, and the third publication of the

notice shall be no fewer than seven (7) days before the original date of sale listed in the

advertisement, including the day of the third publication in the computation, and no more than

fourteen (14) days before the original date of sale listed in the advertisement. The sale may take

place no more than fourteen (14) days from the date on which the third successive notice is

published, excluding the day of the third publication in the computation. Provided, however, that

if the sale is adjourned as provided in § 34-11-22, and the adjourned sale is held during the same

calendar week as the originally scheduled day of sale, no additional advertising is required.

Otherwise, publication of the notice of the adjourned sale, together with a notice of the adjournment

or adjournments, shall be continued at least once each week commencing with the calendar week

following the originally scheduled day of sale; the sale, as so adjourned, shall take place during the

same calendar week in which the last notice of the adjourned sale is published, at least one day

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after the date on which the last notice is published.

     (b) Provided, however, that no notice shall be valid or effective unless the mortgagor has

been mailed written notice of the time and place of sale by certified mail return receipt requested

at the address of the real estate and, if different, at the mortgagor’s address listed with the tax

assessor’s office of the city or town where the real estate is located or any other address mortgagor

designates by written notice to mortgagee at his, her, or its last known address, at least twenty (20)

days for mortgagors other than individual consumer mortgagors, and at least thirty (30) days for

individual consumer mortgagors, days prior to the first publication, including the day of mailing in

the computation. The mortgagee shall include in the foreclosure deed an affidavit of compliance

with this provision.

     (c) Provided further, that the notice mailed to the mortgagor in accordance with subsection

(b) above shall also contain a copy of subsection (d) below (printed in not less than 12 point type)

headed by the following notice (printed in not less than 14 point type): “A servicemember on active

duty or deployment or who has recently ceased such duty or deployment has certain rights under

subsection 34-27-4(d) of the Rhode Island general laws set out below. To protect your rights if you

are such a servicemember, you should give written notice to the servicer of the obligation or the

attorney conducting the foreclosure, prior to the sale, that you are a servicemember on active duty

or deployment or who has recently ceased such duty or deployment. This notice may be given on

your behalf by your authorized representative. If you have any questions about this notice, you

should consult with an attorney.” The mortgagee shall include in the foreclosure deed an affidavit

of compliance with this provision.

     (d) Foreclosure sales affecting servicemembers.

     (1) The following definitions shall apply to this subsection and to subsection (c):

     (i) “Servicemember” means a member of the army, navy, air force, marine corps, space

force, or coast guard and members of the national guard or reserves called to active duty.

     (ii) “Active duty” has the same meaning as the term is defined in 10 U.S.C. §§ 12301 —

12304. In the case of a member of the national guard, or reserves “active duty” means and includes

service under a call to active service authorized by the president or the secretary of defense for a

period of time of more than thirty (30) consecutive days under 32 U.S.C. § 502(f), for the purposes

of responding to a national emergency declared by the president and supported by federal funds.

     (2) This subsection applies only to an obligation on real and related personal property

owned by a service member that:

     (i) Originated before the period of the servicemember’s military service or in the case of a

member of the national guard or reserves originated before being called into active duty and for

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which the servicemember is still obligated; and

     (ii) Is secured by a mortgage or other security in the nature of a mortgage.

     (3) Stay of right to foreclose by mortgagee. Upon receipt of written notice from the

mortgagor or mortgagor’s authorized representative that the mortgagor is participating in active

duty or deployment or that the notice as provided in subsection (c) was received within nine (9)

months of completion of active duty or deployment, the mortgagee shall be barred from proceeding

with the execution of sale of the property as defined in the notice until such nine (9) month period

has lapsed or until the mortgagee obtains court approval in accordance with subdivision (d)(5)

below.

     (4) Stay of proceedings and adjustment of obligation. In the event a mortgagee proceeds

with foreclosure of the property during, or within nine (9) months after a servicemember’s period

of active duty or deployment notwithstanding receipt of notice contemplated by subdivision (d)(3)

above, the servicemember or his or her authorized representative may file a petition against the

mortgagee seeking a stay of such foreclosure, after a hearing on such petition, and on its own

motion, the court may:

     (i) Stay the proceedings for a period of time as justice and equity require; or

     (ii) Adjust the obligation as permitted by federal law to preserve the interests of all parties.

     (5) Sale or foreclosure. A sale, foreclosure or seizure of property for a breach of an

obligation of a servicemember who is entitled to the benefits under subsection (d) and who provided

the mortgagee with written notice permitted under subdivision (d)(3) shall not be valid if made

during, or within nine (9) months after, the period of the servicemember’s military service except:

     (i) Upon a court order granted before such sale, foreclosure or seizure after hearing on a

petition filed by the mortgagee against such servicemember; or

     (ii) If made pursuant to an agreement of all parties.

     (6) Penalties. A mortgagee who knowingly makes or causes to be made a sale, foreclosure

or seizure of property that is prohibited by subsection (d)(3) shall be fined the sum of one thousand

dollars ($1,000), or imprisoned for not more than one year, or both. The remedies and rights

provided hereunder are in addition to and do not preclude any remedy for wrongful conversion

otherwise available under law to the person claiming relief under this section, including

consequential and punitive damages.

     (7) Any petition hereunder shall be commenced by action filed in the superior court for the

county in which the property subject to the mortgage or other security in the nature of a mortgage

is situated. Any hearing on such petition shall be conducted on an expedited basis following such

notice and/or discovery as the court deems proper.

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     SECTION 18. Section 34-37-3 of the General Laws in Chapter 34-37 entitled "Rhode

Island Fair Housing Practices Act" is hereby amended to read as follows:

     34-37-3. Definitions.

     When used in this chapter:

     (1) “Age” means anyone over the age of eighteen (18).

     (2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant

Marines, Space Force, or Air Force of the United States and the Rhode Island National Guard.

     (3) “Commission” means the Rhode Island commission for human rights created by § 28-

5-8.

     (4) “Disability” means a disability as defined in § 42-87-1.

     Provided, further, that the term “disability” does not include current, illegal use of, or

addiction to, a controlled substance, as defined in 21 U.S.C. § 802.

     (5) “Discriminate” includes segregate, separate, or otherwise differentiate between or

among individuals because of race, color, religion, sex, sexual orientation, gender identity or

expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, disability, age, housing status, or familial status or because of the race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source

of income, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, housing status, or familial status of any person with whom they are, or may wish to be,

associated.

     (6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning

as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2,

except that the domestic abuse need not involve a minor or parties with minor children.

     (7)(i) “Familial status” means one or more individuals who have not attained the age of

eighteen (18) years being domiciled with:

     (A) A parent or another person having legal custody of the individual or individuals; or

     (B) The designee of the parent or other person having the custody, with the written

permission of the parent or other person, provided that, if the individual is not a relative or legal

dependent of the designee, that the individual shall have been domiciled with the designee for at

least six (6) months.

     (ii) The protections afforded against discrimination on the basis of familial status shall

apply to any person who is pregnant or is in the process of securing legal custody of any individual

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who has not attained the age of eighteen (18) years.

     (8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,”

“reasonable accommodation,” and “reasonable modifications” have the same meaning as those

terms are defined in § 42-87-1.1.

     (9) The term “gender identity or expression” includes a person’s actual or perceived

gender, as well as a person’s gender identity, gender-related self image, gender-related appearance,

or gender-related expression; whether or not that gender identity, gender-related self image, gender-

related appearance, or gender-related expression is different from that traditionally associated with

the person’s sex at birth.

     (10) “Housing accommodation” includes any building or structure, or portion of any

building or structure, or any parcel of land, developed or undeveloped, that is occupied or is

intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or

residence of one or more persons.

     (11) “Otherwise qualified” includes any person with a disability who, with respect to the

rental of property, personally or with assistance arranged by the person with a disability, is capable

of performing all the responsibilities of a tenant as contained in § 34-18-24.

     (12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing

accommodation.

     (13) “Person” includes one or more individuals, partnerships, associations, organizations,

corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal

representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as

defined in chapter 20.5 of title 5.

     (14) “Senior citizen” means a person sixty-two (62) years of age or older.

     (15) The term “sexual orientation” means having, or being perceived as having, an

orientation for heterosexuality, bisexuality, or homosexuality.

     (16) The term “victim” means a family or household member and all other persons

contained within the definition of those terms as defined in § 12-29-2.

     (17) The term “housing status” means the status of having or not having a fixed or regular

residence, including the status of living on the streets or in a homeless shelter or similar temporary

residence.

     (18) The term “lawful source of income” means and includes any income, benefit, or

subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any

other federal, state, or local public assistance program, including, but not limited to, medical or

veterans assistance; any federal, state, or local rental assistance or housing subsidy program,

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including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any

requirement associated with such public assistance, rental assistance, or housing subsidy program.

     SECTION 19. Section 44-53-8 of the General Laws in Chapter 44-53 entitled "Levy and

Distraint" is hereby amended to read as follows:

     44-53-8. Exemptions.

     (a) There shall be exempt from levy the following property:

     (1) Those items of wearing apparel and school books that are necessary for the taxpayer or

for the members of the taxpayer’s family.

     (2) If the taxpayer is the head of the family, the fuel, provisions, furniture and personal

effects in the taxpayer’s household, and of the arms for personal use, livestock, and poultry of the

taxpayer, that does not exceed fifteen hundred dollars ($1,500) in value.

     (3) The books and tools necessary for the trade, business or profession of the taxpayer that

does not exceed in the aggregate one thousand dollars ($1,000) in value.

     (4) Any amount payable to individuals with respect to their unemployment, including any

portion payable with respect to dependents, under an unemployment compensation law of the

United States, or of any state.

     (5) Mail, addressed to any person, which has not been delivered to the addressee.

     (6) Annuity or pension payments under the Railroad Retirement Act, 45 U.S.C. § 231 et

seq., benefits under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., special

pension payments received by a person whose name has been entered on the Army, Navy, Marine

Corps, Air Force, Space Force, and Coast Guard Medal of Honor Roll, 38 U.S.C. § 1562, and

annuities based on retired or retainer pay under chapter 73 of title 10 of the United States Code, 10

U.S.C. § 1431 et seq.

     (7) Any amount payable to an individual as workers’ compensation, including any portion

payable with respect to dependents under a workers’ compensation law of the United States, or of

any state.

     (8) If the taxpayer is required by judgment of a court of competent jurisdiction, entered

prior to the date of levy, to contribute to the support of the taxpayer’s minor children, the amount

of their salary, wages, or other income that is necessary to comply with the judgment.

     (9) Any amount payable to or received by an individual as wages or salary for personal

services, or as income derived from other sources, during any period, to the extent that the total of

the amounts payable to or received by them during that period does not exceed the applicable

exempt amount determined under subsection (d) of this section.

     (10) In addition to the exemptions listed in this section, any property exempt from levy and

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execution under § 9-26-4 shall also be exempt under this chapter.

     (b) The person seizing property of the type described in subsection (a) of this section shall

appraise and set aside to the owner the amount of the property declared to be exempt. If the taxpayer

objects at the time of seizure to the valuation fixed by the person making the seizure, the tax

administrator shall summon three (3) disinterested individuals who shall make the valuation.

     (c) Notwithstanding any other law, no property or rights to property shall be exempt from

levy other than the property specifically made exempt by subsection (a) of this section.

     (d)(1)(i) In the case of individuals who are paid or receive all of their wages, salary, and

other income on a weekly basis, the amount of the wages, salary, and other income payable to or

received by them during any week which is exempt from levy under subdivision (a)(9) of this

section shall be:

     (A) Seventy-five dollars ($75.00), plus

     (B) Twenty-five dollars ($25.00) for each individual who is specified in a written statement

which is submitted to the person on whom notice of levy is served and which is verified in the

manner the tax administrator shall prescribe by regulations and:

     (I) Over half of whose support for the payroll period was received from the taxpayer,

     (II) Who is the spouse of the taxpayer, or who bears a relationship to the taxpayer specified

in 26 U.S.C. § 152(a)(1) — (9) relating to definition of dependents, and

     (III) Who is not a minor child of the taxpayer with respect to whom amounts are exempt

from levy under subsection (a)(8) of this section for the payroll period.

     (ii) For the purposes of item (i)(B)(II) of this subdivision, “payroll period” shall be

substituted for “taxable year” each place it appears in 26 U.S.C. § 152(a)(9).

     (2) In the case of any individual not described in subdivision (1) of this subsection, the

amount of the wages, salary, and other income payable to or received by them during any applicable

pay period or other fiscal period, as determined under regulations prescribed by the tax

administrator, which is exempt from levy under subdivision (a)(9) of this section shall be an

amount, determined under those regulations, which as nearly as possible will result in the same

total exemption from levy for the individual over a period of time as the individual would have

under subdivision (a)(1) of this section if, during that period of time, the individual were paid or

received wages, salary, or other income on a regular weekly basis.

     SECTION 20. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AERONAUTICS -- UNIFORM AERONAUTICAL REGULATORY ACT

***

     This act would add "space force" to many sections of the general laws, listing of military

branches.

     This act would take effect upon passage.

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