2025 -- H 6385 SUBSTITUTE A | |
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LC002933/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO STATUTES AND STATUTORY CONSTRUCTION | |
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Introduced By: Representative Christopher R. Blazejewski | |
Date Introduced: June 04, 2025 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | ARTICLE I--STATUTORY REENACTMENT |
2 | SECTION 1. It is the express intention of the General Assembly to reenact the entirety of |
3 | Title 25, chapters 1 through 18.9 of Title 27, and chapters 1 through 46 of Title 42 of the General |
4 | Laws of Rhode Island, including every chapter and section therein, and any chapters and sections |
5 | thereof not included in this act may be, and are hereby, reenacted as if fully set forth herein. |
6 | SECTION 2. Sections 27-1-46 and 27-1-47 of the General Laws in Chapter 27-1 entitled |
7 | "Domestic Insurance Companies" are hereby amended to read as follows: |
8 | 27-1-46. Information security program. |
9 | (a) Commensurate with the size and complexity of an insurer, the nature and scope of an |
10 | insurer’s activities, including its use of third-party service providers, and the sensitivity of the |
11 | nonpublic information used by the insurer or in the insurer’s possession, custody, or control, each |
12 | domestic insurance company shall develop, implement, and maintain a comprehensive written |
13 | information security program, based on the insurer’s risk assessment and that contains |
14 | administrative, technical, and physical safeguards for the protection of nonpublic information and |
15 | the insurer’s information system. For purposes of this chapter, “information security program” |
16 | means the administrative, technical, and physical safeguards that an insurer uses to access, collect, |
17 | distribute, process, protect, store, use, transmit, dispose of, or otherwise handle, nonpublic |
18 | information. “Publicly available information” means any information that a licensee has a |
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1 | reasonable basis to believe is lawfully made available to the general public from: federal, state, or |
2 | local government records; widely distributed media; or disclosures to the general public that are |
3 | required to be made by federal, state, or local law. “Nonpublic information” means information |
4 | that is not publicly available information and is: |
5 | (1) Business-related information of a licensee, the tampering with which, or unauthorized |
6 | disclosure, access, or use of which, would cause a material adverse impact to the business, |
7 | operations, or security of the licensee; |
8 | (2) Any information concerning a consumer which, because of name, number, personal |
9 | mark, or other identifier, can be used to identify such consumer, in combination with any one or |
10 | more of the following data elements: |
11 | (i) Social security number; |
12 | (ii) Driver’s license number or non-driver identification card number; |
13 | (iii) Account number, credit, or debit card number; |
14 | (iv) Any security code, access code, or password that would permit access to a consumer’s |
15 | financial account; or |
16 | (v) Biometric records; |
17 | (3) Any information or data, except age or gender, in any form or medium created by or |
18 | derived from a healthcare provider or a consumer and that relates to: |
19 | (i) The past, present, or future physical, mental, behavioral health, or medical condition of |
20 | any consumer or a member of the consumer’s family; |
21 | (ii) The provision of health care to any consumer; or |
22 | (iii) Payment for the provision of health care to any consumer. |
23 | (b) Objectives of information security program. An insurer’s information security |
24 | program shall be designed to: |
25 | (1) Protect the security and confidentiality of nonpublic information and the security of the |
26 | information system; |
27 | (2) Protect against any threats or hazards to the security or integrity of nonpublic |
28 | information and the information system; |
29 | (3) Protect against unauthorized access to or use of nonpublic information, and minimize |
30 | the likelihood of harm to any consumer. For purposes of this section, “consumer” means an |
31 | individual, including, but not limited to, applicants, policyholders, insureds, beneficiaries, |
32 | claimants, and certificate holders, who is a resident of this state and whose nonpublic information |
33 | is in an insurer’s possession, custody, or control; and |
34 | (4) Define and periodically reevaluate a schedule for retention of nonpublic information |
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1 | and a mechanism for its destruction when no longer needed. |
2 | (c) Risk assessment. The insurer shall: |
3 | (1) Designate one or more employees, an affiliate, or an outside vendor designated to act |
4 | on behalf of the insurer who is responsible for the information security program; |
5 | (2) Identify reasonably foreseeable internal or external threats that could result in |
6 | unauthorized access, transmission, disclosure, misuse, alteration, or destruction of nonpublic |
7 | information, including the security of information systems and nonpublic information that are |
8 | accessible to, or held by, third-party service providers. “Third-party service providers” means a |
9 | person, not otherwise defined as a licensee, that contracts with a licensee to maintain, process, store, |
10 | or otherwise is permitted access to nonpublic information through its provision of services to the |
11 | licensee. Third-party service providers does not include licensed insurance producers; |
12 | (3) Assess the likelihood and potential damage of these threats, taking into consideration |
13 | the sensitivity of the nonpublic information; |
14 | (4) Assess the sufficiency of policies, procedures, information systems, and other |
15 | safeguards in place to manage these threats, including consideration of threats in each relevant area |
16 | of the insurer’s operations, including: |
17 | (i) Employee training and management; |
18 | (ii) Information systems, including network and software design, as well as information |
19 | classification, governance, processing, storage, transmission, and disposal; and |
20 | (iii) Detecting, preventing, and responding to attacks, intrusions, or other systems failures; |
21 | and |
22 | (5) Implement information safeguards to manage the threats identified in its ongoing |
23 | assessment, and no less than annually, assess the effectiveness of the safeguards’ key controls, |
24 | systems, and procedures. |
25 | (d) Risk management. Based on its risk assessment, the insurer shall: |
26 | (1) Design its information security program to mitigate the identified risks, commensurate |
27 | with the size and complexity of the insurer’s activities, including its use of third-party service |
28 | providers, and the sensitivity of the nonpublic information used by the insurer or in the insurer’s |
29 | possession, custody, or control; |
30 | (2) Determine which security measures listed below are appropriate and implement such |
31 | security measures: |
32 | (i) Place access controls on information systems, including controls to authenticate and |
33 | permit access only to authorized individuals to protect against the unauthorized acquisition of |
34 | nonpublic information. “Authorized individual” means an individual known to and screened by the |
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1 | insurer, and determined to be necessary and appropriate to have access to the nonpublic information |
2 | held by the insurer, and the insurer’s information systems; |
3 | (ii) Identify and manage the data, personnel, devices, systems, and facilities that enable the |
4 | organization to achieve business purposes in accordance with their relative importance to business |
5 | objectives and the organization’s risk strategy; |
6 | (iii) Restrict access at physical locations containing nonpublic information only to |
7 | authorized individuals; |
8 | (iv) Protect, by encryption or other appropriate means, all nonpublic information while |
9 | being transmitted over an external network and all nonpublic information stored on a laptop |
10 | computer or other portable computing or storage device or media; |
11 | (v) Adopt secure development practices for in-house developed applications utilized by the |
12 | insurer and procedures for evaluating, assessing, or testing the security of externally developed |
13 | applications utilized by the insurer; |
14 | (vi) Modify the information system in accordance with the insurer’s information security |
15 | program; |
16 | (vii) Utilize effective controls, which may include multi-factor authentication procedures |
17 | for any individual accessing nonpublic information; |
18 | (viii) Regularly test and monitor systems and procedures to detect actual and attempted |
19 | attacks on, or intrusions into, information systems; |
20 | (ix) Include audit trails within the information security program designed to detect and |
21 | respond to cybersecurity events and designed to reconstruct material financial transactions |
22 | sufficient to support normal operations and obligations of the insurer; |
23 | (x) Implement measures to protect against destruction, loss, or damage of nonpublic |
24 | information due to environmental hazards, such as fire and water damage or other catastrophes or |
25 | technological failures; and |
26 | (xi) Develop, implement, and maintain procedures for the secure disposal of nonpublic |
27 | information in any format; |
28 | (3) Include cybersecurity risks in the insurer’s enterprise risk management process; |
29 | (4) Stay informed regarding emerging threats or vulnerabilities and utilize reasonable |
30 | security measures when sharing information relative to the character of the sharing and the type of |
31 | information shared; and |
32 | (5) Provide its personnel with cybersecurity awareness training that is updated as necessary |
33 | to reflect risks identified by the insurer in the risk assessment. |
34 | (e) Oversight by board of directors. If the insurer has a board of directors, the board or |
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1 | an appropriate committee of the board shall, at a minimum: |
2 | (1) Require the insurer’s executive management or its designees to develop, implement, |
3 | and maintain the insurer’s information security program; |
4 | (2) Require the insurer’s executive management or its designees to report in writing at least |
5 | annually, the following information: |
6 | (i) The overall status of the information security program and the insurer’s compliance with |
7 | this chapter; and |
8 | (ii) Material matters related to the information security program, addressing issues such as |
9 | risk assessment, risk management and control decisions, third-party service provider arrangements, |
10 | results of testing, cybersecurity events or violations and management’s responses thereto, or |
11 | recommendations for changes in the information security program; and |
12 | (3) If executive management delegates any of its responsibilities pursuant to this section, |
13 | it shall oversee the development, implementation, and maintenance of the insurer’s information |
14 | security program prepared by the designee(s) and shall receive a report from the designee(s) |
15 | complying with the requirements of the report to the board of directors. |
16 | (f) Oversight of third-party service provider arrangements. |
17 | (1) An insurer shall exercise due diligence in selecting its third-party service provider; and |
18 | (2) An insurer shall take reasonable steps to request a third-party service provider to |
19 | implement appropriate administrative, technical, and physical measures to protect and secure the |
20 | information systems and nonpublic information that are accessible to, or held by, the third-party |
21 | service provider. |
22 | (g) Program adjustments. The insurer shall monitor, evaluate, and adjust, as appropriate, |
23 | the information security program consistent with any relevant changes in technology, the sensitivity |
24 | of its nonpublic information, internal or external threats to information, and the insurer’s own |
25 | changing business arrangements, such as mergers and acquisitions, alliances and joint ventures, |
26 | outsourcing arrangements, and changes to information systems. |
27 | (h) Incident response plan. |
28 | (1) As part of its information security program, each insurer shall establish a written |
29 | incident response plan designed to promptly respond to, and recover from, any cybersecurity event |
30 | that compromises the confidentiality, integrity, or availability of nonpublic information in its |
31 | possession, the insurer’s information systems, or the continuing functionality of any aspect of the |
32 | insurer’s business or operations. |
33 | (2) Such incident response plan shall address the following areas: |
34 | (i) The internal process for responding to a cybersecurity event; |
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1 | (ii) The goals of the incident response plan; |
2 | (iii) The definition of clear roles, responsibilities, and levels of decision-making authority; |
3 | (iv) External and internal communications and information sharing; |
4 | (v) Identification of requirements for the remediation of any identified weaknesses in |
5 | information systems and associated controls; |
6 | (vi) Documentation and reporting regarding cybersecurity events and related incident |
7 | response activities; and |
8 | (vii) The evaluation and revision as necessary of the incident response plan following a |
9 | cybersecurity event. |
10 | (3) If the insurer learns that a cybersecurity event has or may have occurred, the insurer, or |
11 | an outside vendor and/or service provider designated to act on behalf of the insurer, shall conduct |
12 | a prompt investigation. For purposes of this section, “cybersecurity event” means an event resulting |
13 | in unauthorized access to, disruption or misuse of an information system or nonpublic information |
14 | stored on such information system. This does not include the unauthorized acquisition of encrypted |
15 | nonpublic information if the encryption, process, or key is not also acquired, released, or used |
16 | without authorization. This also does not include an event with regard to which the insurer has |
17 | determined that the nonpublic information accessed by an unauthorized person has not been used |
18 | or released and has been returned or destroyed. |
19 | (i) During the investigation, the insurer, or an outside vendor and/or service provider |
20 | designated to act on behalf of the insurer, shall, at a minimum, determine as much of the following |
21 | information as possible: |
22 | (A) Whether a cybersecurity event has occurred; |
23 | (B) Assess the nature and scope of the cybersecurity event; |
24 | (C) Identify any nonpublic information that may have been involved in the cybersecurity |
25 | event; and |
26 | (D) Perform or oversee reasonable measures to restore the security of the information |
27 | systems compromised in the cybersecurity event in order to prevent further unauthorized |
28 | acquisition, release, or use of nonpublic information in the insurer’s possession, custody, or control. |
29 | (ii) If the insurer learns that a cybersecurity event has or may have occurred in a system |
30 | maintained by a third-party service provider, and it has or may have impacted the insurer’s |
31 | nonpublic information, the insurer shall make reasonable efforts to complete the steps set forth in |
32 | subsection (a) subsection (h)(3)(i) of this section or make reasonable efforts to confirm and |
33 | document that the third-party service provider has completed those steps. |
34 | (iii) The insurer shall maintain records concerning all cybersecurity events for a period of |
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1 | at least five (5) years from the date of the cybersecurity event. The insurer shall produce those |
2 | records upon demand of the commissioner pursuant to chapter 13.1 of this title or other statutory |
3 | authority. |
4 | (i) Annually, each insurer domiciled in this state shall submit to the commissioner a written |
5 | statement by April 15 certifying that the insurer is in compliance with the requirements set forth in |
6 | this section. Each insurer shall maintain for examination by the department all records, schedules, |
7 | and data supporting this certificate for a period of five (5) years. To the extent an insurer has |
8 | identified areas, systems, or processes that require material improvement, updating, or redesign, |
9 | the insurer shall document the identification and the remedial efforts planned and underway to |
10 | address such areas, systems, or processes. This documentation must be available for inspection by |
11 | the commissioner pursuant to a request under chapter 13.1 of this title or other statutory authority. |
12 | (j) If an insurer domiciled in this state has an information security program that is prepared |
13 | for and in compliance with Pub. L. No. 104-191, 110 Stat. 1936, enacted August 21, 1996 (Health |
14 | Insurance Portability and Accountability Act) and related privacy, security, and breach notification |
15 | regulations pursuant to Code of Federal Regulations, Parts 160 and 164, and Pub. L. No. 111-5, |
16 | 123 Stat. 226, enacted February 17, 2009 (Health Information Technology), insurers can rely on |
17 | that plan to certify their compliance with subsection (i) of this section. |
18 | 27-1-47. Notification of a cybersecurity event. |
19 | (a) Each domestic insurer shall notify the commissioner as promptly as possible but in no |
20 | event later than three (3) business days from a determination that a cybersecurity event has occurred |
21 | when either of the following criteria has been met: |
22 | (1) A cybersecurity event impacting the insurer of which notice is required to be provided |
23 | to any government body, self-regulatory agency, or any other supervisory body pursuant to any |
24 | state or federal law; or |
25 | (2) A cybersecurity event that has a reasonable likelihood of materially harming: |
26 | (i) Any consumer residing in this state; or |
27 | (ii) Any material part of the normal operation(s) of the insurer. |
28 | (b) The insurer shall provide any information required by this section in electronic form as |
29 | directed by the commissioner. The insurer shall have a continuing obligation to update and |
30 | supplement initial and subsequent notifications to the commissioner concerning the cybersecurity |
31 | event. The insurer shall provide as much of the following information as possible. The insurer |
32 | should indicate whether it is making claims under chapter 2 of title 38 to any of the information |
33 | provided. The following information shall be provided: |
34 | (1) Date of the cybersecurity event; |
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1 | (2) Description of how the information was exposed, lost, stolen, or breached, including |
2 | the specific roles and responsibilities of third-party service providers, if any; |
3 | (3) How the cybersecurity event was discovered; |
4 | (4) Whether any lost, stolen, or breached information has been recovered and if so, how |
5 | this recovery was achieved; |
6 | (5) The identity of the source of the cybersecurity event; |
7 | (6) Whether the insurer has filed a police report or has notified any regulatory, government, |
8 | or law enforcement agencies and, if so, when such notification was provided; |
9 | (7) Description of the specific types of information acquired without authorization. |
10 | Specific types of information consisting of particular data elements including, for example, types |
11 | of medical information, types of financial information, or types of information allowing |
12 | identification of the consumer; |
13 | (8) The period during which the information system was compromised by the cybersecurity |
14 | event; |
15 | (9) The number of total consumers in this state affected by the cybersecurity event. The |
16 | insurer shall provide the best estimate in the initial report to the commissioner and update this |
17 | estimate with each subsequent report to the commissioner pursuant to this section; |
18 | (10) The results of any internal review identifying a lapse in either automated controls or |
19 | internal procedures, or confirming that all automated controls or internal procedures were followed; |
20 | (11) Description of efforts being undertaken to remediate the situation that permitted the |
21 | cybersecurity event to occur; |
22 | (12) A copy of the insurer privacy policy and a statement outlining the steps the insurer |
23 | will take to investigate and notify consumers affected by the cybersecurity event; and |
24 | (13) Name of a contact person who is both familiar with the cybersecurity event and |
25 | authorized to act for the insurer. |
26 | (c) An insurer shall comply with chapter 49.3 of title 11, as applicable, and provide a copy |
27 | of the notice sent to consumers under that chapter to the commissioner, when an insurer is required |
28 | to notify the commissioner. |
29 | (d) Notice regarding cybersecurity events of third-party service providers. |
30 | (1) In the case of a cybersecurity event involving an insurer’s nonpublic information in a |
31 | system maintained by a third-party service provider, of which the insurer has become aware, the |
32 | insurer shall treat that event as it would under subsection (a) of this section; |
33 | (2) The computation of the insurer’s deadlines shall begin on the day after the third-party |
34 | service provider notifies the insurer of the cybersecurity event or the insurer otherwise has actual |
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1 | knowledge of the cybersecurity event, whichever is sooner; |
2 | (3) Nothing in this chapter shall prevent or abrogate an agreement between an insurer and |
3 | another insurer, a third-party service provider, or any other party to fulfill any of the investigation |
4 | requirements or notice requirements imposed under this section. |
5 | (e) Notice regarding cybersecurity events of reinsurers to insurers. |
6 | (1)(i) In the case of a cybersecurity event involving nonpublic information that is used by |
7 | the insurer that is acting as an assuming insurer or in the possession, custody, or control of an |
8 | insurer that is acting as an assuming insurer and that does not have a direct contractual relationship |
9 | with the affected consumers, the assuming insurer shall notify its affected ceding insurers and the |
10 | commissioner of its state of domicile within seventy-two (72) hours of making the determination |
11 | that a cybersecurity event has occurred; |
12 | (ii) The ceding insurers that have a direct contractual relationship with affected consumers |
13 | shall fulfill the consumer notification requirements imposed under chapter 49.3 of title 11 (“Identity |
14 | Theft Protection Act of 2015”), and any other notification requirements relating to a cybersecurity |
15 | event imposed under this section. |
16 | (2)(i) In the case of a cybersecurity event involving nonpublic information that is in the |
17 | possession, custody, or control of a third-party service provider of an insurer that is an assuming |
18 | insurer, the assuming insurer shall notify its affected ceding insurers and the commissioner of its |
19 | state of domicile within seventy-two (72) hours of receiving notice from its third-party service |
20 | provider that a cybersecurity event has occurred; |
21 | (ii) The ceding insurers that have a direct contractual relationship with affected consumers |
22 | shall fulfill the consumer notification requirements imposed under chapter 49.3 of title 11 and any |
23 | other notification requirements relating to a cybersecurity event imposed under this section. |
24 | (f) Notice regarding cybersecurity events of insurers to producers of record. |
25 | (1) In the case of a cybersecurity event involving nonpublic information that is in the |
26 | possession, custody, or control of an insurer that is an insurer or its third-party service provider |
27 | and for which a consumer accessed the insurer’s services through an independent insurance |
28 | producer, the insurer shall notify the producers of record of all affected consumers as soon as |
29 | practicable as directed by the commissioner. |
30 | (2) The insurer is excused from this obligation for those instances in which it does not have |
31 | the current producer of record information for any individual consumer. |
32 | SECTION 3. Section 27-1.1-3 of the General Laws in Chapter 27-1.1 entitled "Credit for |
33 | Reinsurance Act" is hereby amended to read as follows: |
34 | 27-1.1-3. Qualified United States financial institutions. |
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1 | (a) For the purposes of § 27-1.1-2(3), “qualified United States financial institution” means |
2 | an institution that: |
3 | (1) Is organized, or in the case of a U.S. office of a foreign banking organization is licensed, |
4 | under the laws of the United States or any of its states; |
5 | (2) Is regulated, supervised, and examined by United States federal or state authorities |
6 | having regulatory authority over banks and trust companies; and |
7 | (3) Has been determined by either the commissioner, or the securities valuation office |
8 | Securities Valuation Office of the National Association of Insurance Commissioners, to meet |
9 | those such standards of financial condition and that standing as are considered necessary and |
10 | appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable |
11 | to the commissioner. |
12 | (b) “Qualified United States financial institution” means, for the purposes of those |
13 | provisions of this law specifying those institutions that are eligible to act as a fiduciary of a trust, |
14 | an institution that: |
15 | (1) Is organized, or in the case of a United States branch or agency office of a foreign |
16 | banking organization is licensed, under the laws of the United States or any of its states and has |
17 | been granted authority to operate with fiduciary powers; and |
18 | (2) Is regulated, supervised, and examined by federal or state authorities having regulatory |
19 | authority over banks and trust companies. |
20 | SECTION 4. Section 27-2.5-2 of the General Laws in Chapter 27-2.5 entitled "Interstate |
21 | Compact on Insurance Product Regulations" is hereby amended to read as follows: |
22 | 27-2.5-2. Compact enacted. |
23 | The interstate compact on insurance product regulation is hereby enacted into law and |
24 | entered into with all other jurisdictions legally joining therein in form substantially as follows: |
25 | Preamble |
26 | This act is intended to help states join together to establish an interstate compact to regulate |
27 | designated insurance products. |
28 | Pursuant to terms and conditions of this act, the state of Rhode Island seeks to join with |
29 | other states and establish the Interstate Insurance Product Regulation Compact, and thus become a |
30 | member of the Interstate Insurance Product Regulation Commission. The Rhode Island Insurance |
31 | Commissioner is hereby designated to serve as the representative of this state to the commission. |
32 | Interstate Insurance Product Regulation Compact |
33 | ARTICLE I. |
34 | PURPOSES |
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1 | The purposes of this compact are, through means of joint and cooperative action among |
2 | the compacting states: |
3 | (1) To promote and protect the interest of consumers of individual and group annuity, life |
4 | insurance, disability income and long-term care insurance products; |
5 | (2) To develop uniform standards for insurance products covered under the compact; |
6 | (3) To establish a central clearinghouse to receive and provide prompt review of insurance |
7 | products covered under the compact and, in certain cases, advertisements related thereto, submitted |
8 | by insurers authorized to do business in one or more compacting states; |
9 | (4) To give appropriate regulatory approval to those product filings and advertisements |
10 | satisfying the applicable uniform standard; |
11 | (5) To improve coordination of regulatory resources and expertise between state insurance |
12 | departments regarding the setting of uniform standards and review of insurance products covered |
13 | under the compact; |
14 | (6) To create the Interstate insurance product regulation commission; and |
15 | (7) To perform these and such other related functions as may be consistent with the state |
16 | regulation of the business of insurance. |
17 | ARTICLE II. |
18 | DEFINITIONS |
19 | For purposes of this compact: |
20 | (1) “Advertisement” means any material designed to create public interest in a product, or |
21 | induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain a |
22 | policy, as more specifically defined in the rules and operating procedures of the commission. |
23 | (2) “Bylaws” mean those bylaws established by the commission for its governance, or for |
24 | directing or controlling the commissions’ commission’s actions or conduct. |
25 | (3) “Compacting state” means any state which has enacted this compact legislation and |
26 | which has not withdrawn pursuant to Article XIV, Section 1, or been terminated pursuant to Article |
27 | XIV, Section 2. |
28 | (4) “Commission” means the “Interstate Insurance Product Regulation Commission” |
29 | established by this compact. |
30 | (5) “Commissioner” means the chief insurance regulatory official of a state including, but |
31 | not limited to, commissioner, superintendent, director or administrator. |
32 | (6) “Domiciliary state” means the state in which an insurer is incorporated or organized; |
33 | or, in the case of an alien insurer, its state of entry. |
34 | (7) “Insurer” means any entity licensed by a state to issue contracts of insurance for any of |
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1 | the lines of insurance covered by this act. |
2 | (8) “Member” means the person chosen by a compacting state as its representative to the |
3 | commission, or his or her designee. |
4 | (9) “Noncompacting state” means any state which is not at the time a compacting state. |
5 | (10) “Operating procedures” mean procedures promulgated by the commission |
6 | implementing a rule, uniformed uniform standard or a provision of this compact. |
7 | (11) “Product” means the form of a policy or contract, including any application, |
8 | endorsement, or related from form which is attached to and made a part of the policy or contract, |
9 | and any evidence of coverage of or certificate, for an individual or group annuity, life insurance, |
10 | disability income or long-term care insurance product that an insurer is authorized to issue. |
11 | (12) “Rule” means a statement of general or particular applicability and future effect |
12 | promulgated by the commission, including a uniform standard developed pursuant to Article VII |
13 | of this compact, designed to implement, interpret, or prescribe law or policy or describing the |
14 | organization, procedure, or practice requirements of the commission, which shall have the force |
15 | and effect of law in the compacting states. |
16 | (13) “State” means any state, district or territory of the United States of America. |
17 | (14) “Third-party filer” means an entity that submits a product filing to the commission on |
18 | behalf of an insurer. |
19 | (15) “Uniform standard” means a standard adopted by the commission for a product line, |
20 | pursuant to Article VII of this compact, and shall include all of the product requirements in |
21 | aggregate; provided, that each uniform standard shall be construed, whether express or implied, to |
22 | prohibit the use of any inconsistent, misleading or ambiguous provisions in a product and the form |
23 | of the product made available to the public shall not be unfair, inequitable or against public policy |
24 | as determined by the commission. |
25 | ARTICLE III. |
26 | ESTABLISHMENT OF THE COMMISSION AND VENUE |
27 | (1) The compacting states hereby create and establish a joint public agency known as the |
28 | “Interstate Insurance Product Regulation Commission.” Pursuant to Article IV, the commission |
29 | will have the power to develop uniform standards for product lines, receive and provide prompt |
30 | review of products filed therewith, and give approval to those product filings satisfying applicable |
31 | uniform standards; provided, it is not intended for the commission to be the exclusive entity for |
32 | receipt and review of insurance product filings. Nothing herein shall prohibit any insurer from filing |
33 | its product in any state wherein the insurer is licensed to conduct the business of insurance; and any |
34 | such filing shall be subject to the laws of the state where filed. |
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1 | (2) The commission is a body corporate and politic, and an instrumentality of the |
2 | compacting states. |
3 | (3) The commission is a not-for-profit entity, separate and distinct from the individual |
4 | compacting states. |
5 | (4) The commission is solely responsible for its liabilities except as otherwise specifically |
6 | provided in this compact. |
7 | (5) Venue is proper and judicial proceedings by or against the commission shall be brought |
8 | solely and exclusively in a court of competent jurisdiction where the principal office of the |
9 | commission is located. |
10 | ARTICLE IV. |
11 | POWERS OF THE COMMISSION |
12 | The commission shall have the following powers: |
13 | (1) To promulgate rules, pursuant to Article VII of this compact, which shall have the force |
14 | and effect of law and shall be binding in the compacting states to the extent and in the manner |
15 | provided in this compact; |
16 | (2) To exercise its rule-making authority and establish reasonable uniform standards for |
17 | products covered under the compact, and advertisement related thereto, which shall have the force |
18 | and effect of law and shall be binding in the compacting states, but only for those products filed |
19 | with the commission, provided, that a compacting state shall have the right to opt out of such |
20 | uniform standard pursuant to Article VII, to the extent and in the manner provided in this compact |
21 | and, provided, further, that any uniform standard established by the commission for long-term care |
22 | insurance products may provide the same or greater protections for consumers as, but shall not |
23 | provide less than, those protections set forth in the National Association of Insurance |
24 | Commissioners’ Long-Term Care Insurance Model Act and Long-Term Care Insurance Model |
25 | Regulation, respectively, adopted as of 2001. The commission shall consider whether any |
26 | subsequent amendments to the NAIC Long-Term Care Insurance Model Act or Long-Term Care |
27 | Insurance Model Regulation adopted by the NAIC require amending of the uniform standards |
28 | established by the commission for long-term care insurance products; |
29 | (3) To receive and review in an expeditious manner products filed with the commission, |
30 | and rate filings for disability income and long-term care insurance products, and give approval of |
31 | those products and rate filings that satisfy the applicable uniform standard, where such approval |
32 | shall have the force and effect of law and be binding on the compacting states to the extent and in |
33 | the manner provided in the compact; |
34 | (4) To receive and review in an expeditious manner advertisement relating to long-term |
| LC002933/SUB A - Page 13 of 126 |
1 | care insurance products for which uniform standards have been adopted by the commission, and |
2 | give approval to all advertisement that satisfies the applicable uniform standard. For any product |
3 | covered under this compact, other than long-term care insurance products, the commission shall |
4 | have the authority to require an insurer to submit all or any part of its advertisement with respect |
5 | to that product for review or approval prior to use, if the commission determines that the nature of |
6 | the product is such that an advertisement of the product could have the capacity or tendency to |
7 | mislead the public. The actions of the commission as provided in this section shall have the force |
8 | and effect of law and shall be binding in the compacting states to the extent and in the manner |
9 | provided in the compact; |
10 | (5) To exercise its rule-making authority and designate products and advertisement that |
11 | may be subject to a self-certification process without the need for prior approval by the commission; |
12 | (6) To promulgate operating procedures, pursuant to Article VII of the compact, which |
13 | shall be binding in the compacting states to the extent and in the manner provided in this compact; |
14 | (7) To bring and prosecute legal proceedings or actions in its name as the commission; |
15 | provided, that the standing of any state insurance department to sue or be sued under applicable |
16 | law shall not be affected; |
17 | (8) To issue subpoenas requiring the attendance and testimony of witnesses and the |
18 | production of evidence; |
19 | (9) To establish and maintain offices; |
20 | (10) To purchase and maintain insurance and bonds; |
21 | (11) To borrow, accept or contract for services of personnel, including, but not limited to, |
22 | employees of a compacting state; |
23 | (12) To hire employees, professionals or specialists, and elect or appoint officers, and to |
24 | fix their compensation, define their duties and give them appropriate authority to carry out the |
25 | purposes of the compact, and determine their qualifications; and to establish the commission’s |
26 | personnel policies and programs relating to, among other things, conflicts of interest, rates of |
27 | compensation and qualifications of personnel; |
28 | (13) To accept any and all appropriate donations and grants of money, equipment, supplies, |
29 | materials, and services, and to receive, utilize and dispose of the same; provided, that at all times |
30 | the commission shall strive to avoid any appearance of impropriety; |
31 | (14) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, |
32 | improve or use, any property, real, personal or mixed; provided, that at all times the commission |
33 | shall strive to avoid any appearance of impropriety; |
34 | (15) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of |
| LC002933/SUB A - Page 14 of 126 |
1 | any property, real, personal or mixed; |
2 | (16) To remit filing fees to compacting states as may be set forth in the bylaws, rules or |
3 | operating procedures; |
4 | (17) To enforce compliance by compacting states with rules, uniform standards, operating |
5 | procedures and bylaws; |
6 | (18) To provide for dispute resolution among compacting states; |
7 | (19) To advise compacting states on issues relating to insurers domiciled or doing business |
8 | in noncompacting jurisdictions, consistent with the purposes of the compact; |
9 | (20) To provide advice and training to those personnel in state insurance departments |
10 | responsible for product review, and to be a resource for state insurance departments; |
11 | (21) To establish a budget and make expenditures; |
12 | (22) To borrow money; |
13 | (23) To appoint committees including advisory committees comprising members, state |
14 | insurance regulators, state legislators or their representatives, insurance industry and consumer |
15 | representatives, and such other interested persons as may be designated in the bylaws; |
16 | (24) To provide and receive information from, and to cooperate with law enforcement |
17 | agencies; |
18 | (25) To adopt and use a corporate seal; and |
19 | (26) To perform such other functions as may be necessary or appropriate to achieve the |
20 | purposes of this compact consistent with the state regulation of the business of insurance. |
21 | ARTICLE V. |
22 | ORGANIZATION OF THE COMMISSION |
23 | (1) Membership, voting and bylaws. |
24 | (a) Each compacting state shall have [be] and be limited to one member. Each member |
25 | shall be qualified to serve in that capacity pursuant to applicable law of the compacting state. Any |
26 | member may be removed or suspended from office as provided by the law of the state from which |
27 | he or she shall be appointed. Any vacancy occurring in the commission shall be filled in accordance |
28 | with the laws of the compacting state wherein the vacancy exists. Nothing herein shall be construed |
29 | to affect the manner in which a compacting state determines the election or appointment and |
30 | qualification of its own commissioner. |
31 | (b) Each member shall be entitled to one vote and shall have an opportunity to participate |
32 | in the governance of the commission in accordance with the bylaws. Notwithstanding any provision |
33 | herein to the contrary, no action of the commission with respect to the promulgation of a uniform |
34 | standard shall be effective unless two-thirds (⅔) of the members vote in favor thereof. |
| LC002933/SUB A - Page 15 of 126 |
1 | (c) The commission shall, by a majority of the members, prescribe bylaws to govern its |
2 | conduct as may be necessary or appropriate to carry out the purposes, and exercise the powers, of |
3 | the compact, including, but not limited to: |
4 | (i) Establishing the fiscal year of the commission; |
5 | (ii) Providing reasonable procedures for appointing and electing members, as well as |
6 | holding meetings, of the management committee; |
7 | (iii) Providing reasonable standards and procedures: (i) for the establishment and meetings |
8 | of other committees; and (ii) governing any general or specific delegation of any authority or |
9 | function of the commission; |
10 | (iv) Providing reasonable procedures for calling and conducting meetings of the |
11 | commission that consists of a majority of commission members, ensuring reasonable advance |
12 | notice of each such meeting and providing for the rights of citizens to attend such meeting with |
13 | enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and |
14 | insurers’ proprietary information, including trade secrets. The commission may meet in camera |
15 | only after a majority of the entire membership votes to close a meeting en toto or in part. As soon |
16 | as practicable, the commission must make public: (i) a copy of the vote to close the meeting |
17 | revealing the vote of each member with no proxy votes allowed; and (ii) votes taken during such |
18 | meeting; |
19 | (v) Establishing the titles, duties and authority and reasonable procedures for the election |
20 | of the officers of the commission; |
21 | (vi) Providing reasonable standards and procedures for the establishment of the personnel |
22 | policies and programs of the commission. Notwithstanding any civil service or other similar laws |
23 | of any compacting state, the bylaws shall exclusively govern the personnel policies and programs |
24 | of the commission; |
25 | (vii) Promulgating a code of ethics to address permissible and prohibited activities of |
26 | commission members and employees; and |
27 | (viii) Providing a mechanism for winding up the operations of the commission and the |
28 | equitable disposition of any surplus funds that may exist after the termination of the compact after |
29 | the payment and/or reserving of all of its debts and obligations. |
30 | (d) The commission shall publish its bylaws in a convenient form and file a copy thereof |
31 | and a copy of any amendment thereto, with the appropriate agency or officer in each of the |
32 | compacting states. |
33 | (2) Management committee, officers and personnel. |
34 | (a) A management committee comprising no more than fourteen (14) members shall be |
| LC002933/SUB A - Page 16 of 126 |
1 | established as follows: |
2 | (i) One member from each of the six (6) compacting states with the largest premium |
3 | volume for individual and group annuities, life, disability income and long-term care insurance |
4 | products, determined from the records of the NAIC for the prior year; |
5 | (ii) Four (4) members from those compacting states with at least two percent (2%) of the |
6 | market based on the premium volume described above, other than the six (6) compacting states |
7 | with the largest premium volume, selected on a rotating basis as provided in the bylaws, and; |
8 | (iii) Four (4) members from those compacting states with less than two percent (2%) of the |
9 | market, based on the premium volume described above, with one selected form [from] from each |
10 | of the four (4) zone regions of the NAIC as provided in the bylaws. |
11 | (b) The management committee shall have such authority and duties as may be set forth in |
12 | the bylaws, including, but not limited to: |
13 | (i) Managing the affairs of the commission in a manner consistent with the bylaws and |
14 | purposes of the commission; |
15 | (ii) Establishing and overseeing an organizational structure within, and appropriate |
16 | procedures for, the commission to provide for the creation of uniform standards and other rules, |
17 | receipt and review of product filings, administrative and technical support functions, review of |
18 | decisions regarding the disapproval of a product filing, and the review of elections made by a |
19 | compacting state to opt out of a uniform standard; provided, that a uniform standard shall not be |
20 | submitted to the compacting states for adoption unless approved by two-thirds (⅔) of the members |
21 | of the management committee; |
22 | (iii) Overseeing the offices of the commission; and |
23 | (iv) planning, implementing, and coordinating communications and activities with other |
24 | state, federal and local government organizations in order to advance the goals of the commission. |
25 | (c) The commission shall elect annually officers from the management committee, with |
26 | each having such authority and duties, as may be specified in the bylaws. |
27 | (d) The management committee may, subject to the approval of the commission, appoint |
28 | or retain an executive director for such period, upon such terms and conditions and for such |
29 | compensation as the commission may deem appropriate. The executive director shall serve as |
30 | secretary to the commission, but shall not be a member of the commission. The executive director |
31 | shall hire and supervise such other staff as may be authorized by the commission. |
32 | (3) Legislative and advisory committees. |
33 | (a) A legislative committee comprising state legislators or their designees shall be |
34 | established to monitor the operations of, and make recommendations to, the commission, including |
| LC002933/SUB A - Page 17 of 126 |
1 | the management committee; provided, that the manner of selection and term of any legislative |
2 | committee member shall be as set forth in the bylaws. Prior to the adoption by the commission of |
3 | any uniform standard, revision to the bylaws, annual budget or other significant matter as may be |
4 | provided in the bylaws, the management committee shall consult with and report to the legislative |
5 | committee. |
6 | (b) The commission shall establish two (2) advisory committees, one of which shall |
7 | comprise consume [consumer] consumer representatives independent of the insurance industry, |
8 | and the other comprising insurance industry representatives. |
9 | (c) The commission may establish additional advisory committees as its bylaws may |
10 | provide for the carrying out of its functions. |
11 | (4) Corporate records of the commission. |
12 | The commission shall maintain its corporate books and records in accordance with the |
13 | bylaws. |
14 | (5) Qualified immunity, defense and indemnification. |
15 | (a) The members, officers, executive director, employees and representatives of the |
16 | commission shall be immune from suit and liability, either personally or in their official capacity, |
17 | for any claim for damage to or loss of property or personal injury or other civil liability caused by |
18 | or arising out of any actual or alleged act, error or omission that occurred, or that the person against |
19 | whom the claim is made had a reasonable basis for believing occurred within the scope of |
20 | commission employment, duties or responsibilities; provided, that nothing in this paragraph shall |
21 | be construed to protect any such person from suit and/or liability for any damage, loss, injury or |
22 | liability caused by the intentional or willful and wanton misconduct of that person. |
23 | (b) The commission shall defend any member, officer, executive director, employee or |
24 | representative of the commission in any civil action seeking to impose liability arising out of any |
25 | actual or alleged act, error or omission that occurred within the scope of commission employment, |
26 | duties or responsibilities, or that the person against whom the claim is made had a reasonable basis |
27 | for believing occurred within the scope of commission employment, duties or responsibilities; |
28 | provided, that nothing herein shall be construed to prohibit that person from retaining his or her |
29 | own counsel; and provided, further, that the actual or alleged act, error or omission did not result |
30 | form [from] from that person’s intentional or willful and wanton misconduct. |
31 | (c) The commission shall indemnify and hold harmless any member, officer, executive |
32 | director, employee or representative of the commission for the amount of any settlement or |
33 | judgment obtained against that person arising out of any actual or alleged act, error or omission |
34 | that occurred within the scope of commission employment, duties or responsibilities, or that such |
| LC002933/SUB A - Page 18 of 126 |
1 | person had a reasonable basis for believing occurred within the scope of commission employment, |
2 | duties or responsibilities, provided, that the actual or alleged act, error or omission did not result |
3 | from the intentional or willful and wanton misconduct of that person. |
4 | ARTICLE VI. |
5 | MEETINGS AND ACTS OF THE COMMISSION |
6 | (1) The commission shall meet and take such actions as are consistent with the provisions |
7 | of this compact and the bylaws. |
8 | (2) Each member of the commission shall have the right and power to cast a vote to which |
9 | that compacting state is entitle [entitled] entitled and to participate in the business and affairs of |
10 | the commission. A member shall vote in person or by such other means as provided in the bylaws. |
11 | The bylaws may provide for members’ participation in meetings by telephone or other means of |
12 | communication. |
13 | (3) The commission shall meet at least once during each calendar year. Additional meetings |
14 | shall be held as set forth in the bylaws. |
15 | ARTICLED VII. |
16 | RULES AND OPERATING PROCEDURES: RULEMAKING FUNCTIONS OF THE |
17 | COMMISSION AND OPTING OUT OF UNIFORM STANDARDS |
18 | (1) Rulemaking authority. The commission shall promulgate reasonable rules, including |
19 | uniform standards, and operating procedures in order to effectively and efficiently achieve the |
20 | purposes of this compact. Notwithstanding the foregoing, in the event the commission exercises its |
21 | rulemaking authority in a manner that is beyond the scope of the purposes of this act, or the powers |
22 | granted hereunder, then such an action by the commission shall be invalid and have no force and |
23 | effect. |
24 | (2) Rulemaking procedure. Rules and operating procedures shall be made pursuant to a |
25 | rulemaking process that conforms to the Model State Administrative Procedure Act of 1981 as |
26 | amended, as may be appropriate to the operations of the commission. Before the commission adopts |
27 | a uniform standard, the commission shall give written notice to the relevant state legislative |
28 | committee(s) in each compacting state responsible for insurance issues of its intention to adopt the |
29 | uniform standard. The commission in adopting a uniform standard shall consider fully all submitted |
30 | materials and issue a concise explanation of its decision. |
31 | (3) Effective date and opt out of a uniform standard. A uniform standard shall become |
32 | effective ninety (90) days after its promulgation by the commission or such later date as the |
33 | commission may determine; provided, however, that a compacting state may opt out of a uniform |
34 | standard as provided in this Article. “Opt out” shall be defined as any action by a compacting state |
| LC002933/SUB A - Page 19 of 126 |
1 | to decline to adopt or participate in a promulgated uniform standard. All other rules and operating |
2 | procedures, and amendments thereto, shall become effective as of the date specified in each rule, |
3 | operating procedure or amendment. |
4 | (4) Opt out procedure. A compacting state may opt out of a uniform standard, either by |
5 | legislation or regulation duly promulgated by the insurance department under the Compacting |
6 | State’s Administrative Procedure Act. If a compacting state elects to opt out of a uniform standard |
7 | by regulation, it must: (a) give written notice to the commission no later than ten (10) business days |
8 | after the uniform standard is promulgated, or at the time the state becomes a compacting state; and |
9 | (b) find that the uniform standard does not provide reasonable protections to the citizens of the |
10 | state, given the conditions in the state. The commissioner shall make specific findings of fact and |
11 | conclusions of law, based on a preponderance of the evidence, detailing the conditions in the state |
12 | which warrant a departure from the uniform standard and determining that the uniform standard |
13 | would not reasonably protect the citizens of the state. The commissioner must consider and balance |
14 | the following factors and find that the conditions in the state and needs of the citizens of the state |
15 | outweigh: (i) the intent of the legislature to participate in, and the benefits of, an interstate |
16 | agreement to establish national uniform consumer protections for the products subject to this act; |
17 | and (ii) the presumption that a uniform standard adopted by the commission provides reasonable |
18 | protections to consumers of the relevant product. |
19 | Notwithstanding the foregoing, a compacting state, may, at the time of its enactment of this |
20 | compact, prospectively opt out of all uniform standards involving long-term care insurance |
21 | products by expressly providing for such opt out in the enacted compact, and such an opt out shall |
22 | not be treated as a material variance in the offer or acceptance of any state to participate in this |
23 | compact. Such an opt out shall be effective at the time of enactment of this compact by the |
24 | compacting state and shall apply to all existing uniform standards involving long-term care |
25 | insurance products and those subsequently promulgated. |
26 | (5) Effect of opt out. If a compacting state elects to opt out of a uniform standard, the |
27 | uniform standard shall remain applicable in the compacting state electing to opt out until such time |
28 | the opt out legislation is enacted into law or the regulation opting out becomes effective. |
29 | Once the opt out of a uniform standard by a compacting state becomes effective as provided |
30 | under the laws of that state, the uniform standard shall have no further force and effect in that state |
31 | unless and until the legislation or regulation implementing the opt out is repealed or otherwise |
32 | becomes ineffective under the laws of the state. If a compacting state opts out of a uniform standard |
33 | after the uniform standard has been made effective in that state, the opt out shall have the same |
34 | prospective effect as provided under Article XIV for withdrawals. |
| LC002933/SUB A - Page 20 of 126 |
1 | (6) Stay of uniform standard. If a compacting state has formally initiated the process of |
2 | opting out of a uniform standard by regulation, and while the regulatory opt out is pending, the |
3 | compacting state may petition the commission, at least fifteen (15) days before the effective date |
4 | of the uniform standard, to stay the effectiveness of the uniform standard in that state. The |
5 | commission may grant a stay if it determines the regulatory opt out is being pursued in a reasonable |
6 | manner and there is a likelihood of success. If a stay is granted or extended by the commission, the |
7 | stay or extension thereof may postpone the effective date by up to ninety (90) days, unless |
8 | affirmatively extended by the commission; provided, a stay may not be permitted to remain in |
9 | effect for more than one (1) year unless the compacting state can show extraordinary circumstances |
10 | which warrant a continuance of the stay, including, but not limited to, the existence of a legal |
11 | challenge which prevents the compacting state from opting out. A stay may be terminated by the |
12 | commission upon notice that the rulemaking process has been terminated. |
13 | (7) Not later than thirty (30) days after a rule or operating procedure is promulgated any |
14 | person may file a petition for judicial review of the rule or operating procedure; provided, that the |
15 | filing of such a petition shall not stay or otherwise prevent the rule or operating procedure from |
16 | becoming effective unless the court finds that the petitioner has a substantial likelihood of success. |
17 | The court shall give deference to the actions of the commission consistent with applicable law and |
18 | shall not find the rule or operating procedure to be unlawful if the rule or operating procedure |
19 | represents a reasonable exercise of the commission’s authority. |
20 | ARTICLE VIII. |
21 | COMMISSION RECORDS AND ENFORCEMENT |
22 | (1) The commission shall promulgate rules establishing conditions and procedures for |
23 | public inspection and copying of its information and official records, except such information and |
24 | records involving the privacy of individuals and insurers’ trade secrets. The commission may |
25 | promulgate additional rules under which it may make available to federal and state agencies |
26 | including law enforcement agencies, records and information otherwise exempt from disclosure |
27 | and may enter into agreements with such agencies to receive or exchange information or records |
28 | subject to nondisclosure and confidentiality provisions. |
29 | (2) Except as to privileged records, data and information, the laws of any compacting state |
30 | pertaining to confidentiality or nondisclosure shall not relieve any compacting state commissioner |
31 | of the duty to disclose any relevant records, data or information to the commission; provided, that |
32 | disclosure to the commission shall not be deemed to waive or otherwise affect any confidentiality |
33 | requirement; and further provided, that, except as otherwise expressly provided in this act, the |
34 | commission shall not be subject to the compacting state’s laws pertaining to confidentiality and |
| LC002933/SUB A - Page 21 of 126 |
1 | nondisclosure with respect to records, data and information in its possession. Confidential |
2 | information of the commission shall remain confidential after such information is provided to any |
3 | commissioner. |
4 | (3) The commission shall monitor compacting states for compliance with duly adopted |
5 | bylaws, rules, including uniform standards, and operating procedures. The commission shall notify |
6 | any noncomplying compacting state in writing of its noncompliance with commission bylaws, rules |
7 | or operating procedures. If a noncomplying compacting state fails to remedy its noncompliance |
8 | within the time specified in the notice of noncompliance, the compacting state shall be deemed to |
9 | be in default as set forth in Article XIV. |
10 | (4) The commissioner of any state in which an insurer is authorized to do business, or is |
11 | conducting the business of insurance, shall continue to exercise his or her authority to oversee the |
12 | market regulation of the activities of the insurer in accordance with the provisions of the state’s |
13 | law. The commissioner’s enforcement of compliance with the compact is governed by the state |
14 | following provisions: |
15 | (a) With respect to the commissioner’s market regulation of a product or advertisement |
16 | that is approved or certified to the commission, the content of the product or advertisement shall |
17 | not constitute a violation of the provisions, standards or requirements of the compact except upon |
18 | a final order of the commission, issued at the request of a commissioner after prior notice to the |
19 | insurer and an opportunity for hearing before the commission. |
20 | (b) Before a commissioner may bring an action for violation of any provision, standard or |
21 | requirement of the compact relating to the content of an advertisement not approved or certified to |
22 | the commission, the commission, or an authorized commission officer or employee, must authorize |
23 | the section action. However, authorization pursuant to this paragraph does not require notice to the |
24 | insurer, opportunity for hearing or disclosure of requests for authorization or records of the |
25 | commission’s action on such requests. |
26 | ARTICLE IX. |
27 | DISPUTE RESOLUTION |
28 | The commission shall attempt, upon the request of a member, to resolve any disputes or |
29 | other issues that are subject to this compact and which may arise between two (2) or more |
30 | compacting states, or between compacting states and noncompacting states, and the commission |
31 | shall promulgate an operating procedure providing for resolution of such disputes. |
32 | ARTICLE X. |
33 | PRODUCT FILING AND APPROVAL |
34 | (1) Insurers and third-party filers seeking to have a product approved by the commission |
| LC002933/SUB A - Page 22 of 126 |
1 | shall file the product with, and pay applicable filing fees to, the commission. Nothing in this act |
2 | shall be construed to restrict or otherwise prevent an insurer from filing its product with the |
3 | insurance department in any state wherein the insurer is licensed to conduct the business of |
4 | insurance, and such filing shall be subject to the laws of the states where filed. |
5 | (2) The commission shall establish appropriate filing and review processes and procedures |
6 | pursuant to commission rules and operating procedures. Notwithstanding any provision herein to |
7 | the contrary, the commission shall promulgate rules to establish conditions and procedures under |
8 | which the commission will provide public access to product filing information. In establishing such |
9 | rules, the commission shall consider the interests of the public in having access to such information, |
10 | as well as protection of personal medical and financial information and trade secrets, that may be |
11 | contained in a product filing or supporting information. |
12 | (3) Any product approved by the commission may be sold or otherwise issued in those |
13 | compacting states for which the insurer is legally authorized to do business. |
14 | ARTICLE XI. |
15 | REVIEW OF COMMISSION DECISIONS REGARDING FILINGS |
16 | (1) Not later than thirty (30) days after the commission has given notice of a disapproved |
17 | product or advertisement filed with the commission, the insurer or third party filer whose filing was |
18 | disapproved may appeal the determination to a review panel appointed by the commission. The |
19 | commission shall promulgate rules to establish procedures for appointing such review panels and |
20 | provide for notice and hearing. An allegation that the commission, in disapproving a product or |
21 | advertisement filed with the commission, acted arbitrarily, capriciously, or in a manner that is an |
22 | abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in |
23 | accordance with Article III, Section 5. |
24 | (2) The commission shall have authority to monitor, review and reconsider products and |
25 | advertisement subsequent to their filing or approval upon a finding that the product does not meet |
26 | the relevant uniform standard. Where appropriate, the commission may withdraw or modify its |
27 | approval after proper notice and hearing, subject to the appeal process in section 1 above. |
28 | ARTICLE XII. |
29 | FINANCE |
30 | (1) The commission shall pay or provide for the payment of the reasonable expenses of its |
31 | establishment and organization. To fund the cost of its initial operations, the commission may |
32 | accept contributions and other forms of funding from the National Association of Insurance |
33 | Commissioners, compacting states and other sources. Contributions and other forms of funding |
34 | from other sources shall be of such a nature that the independence of the commission concerning |
| LC002933/SUB A - Page 23 of 126 |
1 | the performance of its duties shall not be compromised. |
2 | (2) The commission shall collect a filing fee from each insurer and third party filer filing a |
3 | product with the commission to cover the cost of the operations and activities of the commission |
4 | and its staff in a total amount sufficient to cover the commission’s annual budget. |
5 | (3) The commission’s budget for a fiscal year shall not be approved until it has been subject |
6 | to notice and comment as set forth in Article VII of this compact. |
7 | (4) The commission shall be exempt from all taxation in and by the compacting states. |
8 | (5) The commission shall not pledge the credit of any compacting state, except by and with |
9 | the appropriate legal authority of that compacting state. |
10 | (6) The commission shall keep complete and accurate accounts of all its internal receipts, |
11 | including grants and donations, and disbursements of all funds under its control. The internal |
12 | financial accounts of the commission shall be subject to the accounting procedures established |
13 | under its bylaws. The financial accounts and reports including the system of internal controls and |
14 | procedures of the commission shall be audited annually by an independent certified public |
15 | accountant. Upon the determination of the commission, but no less frequently than every three (3) |
16 | years, the review of the independent auditor shall include a management and performance audit of |
17 | the commission. The commission shall make an annual report to the governor and legislature of the |
18 | compacting states, which shall include a report of the independent audit. The commission’s internal |
19 | accounts shall not be confidential and such materials may be shared with the commissioner of any |
20 | compacting state upon request; provided, however, that any work papers related to any internal or |
21 | independent audit and any information regarding the privacy of individuals and insurers’ |
22 | proprietary information, including trade secrets, shall remain confidential. |
23 | (7) No compacting state shall have any claim to or ownership of any property held by or |
24 | vested in the commission or to any commission funds held pursuant to the provisions of this |
25 | compact. |
26 | ARTICLE XIII. |
27 | COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT |
28 | (1) Any state is eligible to become a compacting state. |
29 | (2) The compact shall become effective and binding upon legislative enactment of the |
30 | compact into law by two compacting states; provided, the commission shall become effective for |
31 | purposes of adopting uniform standards for, reviewing, and giving approval or disapproval of, |
32 | products filed with the commission that satisfy applicable uniform standards only after twenty-six |
33 | (26) states are compacting states, or, alternatively, by states representing greater than forty percent |
34 | (40%) of the premium volume for life insurance, annuity, disability income and long-term care |
| LC002933/SUB A - Page 24 of 126 |
1 | insurance products, based on records of the NAIC for the prior year. Thereafter, it shall become |
2 | effective and binding as to any other compacting state upon enactment of the compact into law by |
3 | that state. |
4 | (3) Amendments to the compact may be proposed by the commission for enactment by the |
5 | compacting states. No amendment shall become effective and binding upon the commission and |
6 | the compacting states unless and until all compacting states enact the amendment into law. |
7 | ARTICLE XIV. |
8 | WITHDRAWAL, DEFAULT AND TERMINATION |
9 | (1) Withdrawal; |
10 | (a) Once effective, the compact shall continue in force and remain binding upon each and |
11 | every compacting state; provided, that a compacting state may withdraw from the compact |
12 | (“Withdrawing State”) by enacting a statute specifically repealing the statute which enacted the |
13 | compact into law. |
14 | (b) The effective date of withdrawal is the effective date of the repealing statute. However, |
15 | the withdrawal shall not apply to any product filings approved or self-certified, or any |
16 | advertisement of such products, on the date the repealing statute becomes effective, except by |
17 | mutual agreement of the commission and the withdrawing state unless the approval is rescinded by |
18 | the withdrawing state as provided in subsection (e) of the this section. |
19 | (c) The commissioner of the withdrawing state shall immediately notify the management |
20 | committee in writing upon the introduction of legislation repealing this compact in the withdrawing |
21 | state. |
22 | (d) The commission shall notify the other compacting states of the introduction of such |
23 | legislation within ten (10) days after its receipt of notice thereof. |
24 | (e) The withdrawing state is responsible for all obligations, duties and liabilities incurred |
25 | through the effective date of withdrawal, including any obligations, the performance of which |
26 | extend beyond the effective date of withdrawal, except to the extent those obligations may have |
27 | been released or relinquished by mutual agreement of the commission and the withdrawing state. |
28 | The commission’s approval of products and advertisement prior to the effect effective date of |
29 | withdrawal shall continue to be effective and be given full force and effect in the withdrawing state, |
30 | unless formally rescinded by the withdrawing state in the same manner as provided by the laws of |
31 | the withdrawing state for the prospective disapproval of products or advertisement previously |
32 | approved under state law. |
33 | (f) Reinstatement following withdrawal of any compacting state shall occur upon the |
34 | effective date of the withdrawing state reenacting the compact. |
| LC002933/SUB A - Page 25 of 126 |
1 | (2) Default. (a) If the commission determines that any compacting state has at any time |
2 | defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under |
3 | this compact, the bylaws or duly promulgated rules or operating procedures, then, after notice and |
4 | hearing as set forth in the bylaws, all rights, privileges and benefits conferred by this compact on |
5 | the defaulting state shall be suspended from the effective date of default as fixed by the commission. |
6 | The grounds for default include, but are not limited to, failure of a compacting state to perform its |
7 | obligations or responsibilities, and any other grounds designated in commission rules. The |
8 | commission shall immediately notify the defaulting state in writing of the defaulting state’s |
9 | suspension pending a cure of the default. The commission shall stipulate the conditions and the |
10 | time period within which the defaulting state must cure its default. If the defaulting state fails to |
11 | cure the default within the time period specified by the commission, the defaulting state shall be |
12 | terminated from the compact and all rights, privileges and benefits conferred by this compact shall |
13 | be terminated from the effective date of termination. |
14 | (b) Product approvals by the commission or product self-certifications, or any |
15 | advertisement in connection with such product, that are in force on the effective date of termination |
16 | shall remain in force in the defaulting state in the same manner as if the defaulting state had |
17 | withdrawn voluntarily pursuant to paragraph (1) of the this article. |
18 | (c) Reinstatement following termination of any compacting state requires a reenactment of |
19 | the compact. |
20 | (3) Dissolution of compact. (a) The compact dissolves effective upon the date of the |
21 | withdrawal or default of the compacting state which reduces membership in the compact to one |
22 | compacting state. |
23 | (b) Upon the dissolution of this compact, the compact becomes null and void and shall be |
24 | of no further force or effect, and the business and affairs of the commission shall be wound up and |
25 | any surplus funds shall be distributed in accordance with the bylaws. |
26 | ARTICLE XV. |
27 | SEVERABILITY AND CONSTRUCTION |
28 | (1) The provisions of this compact shall be severable; and if any phrase, clause, sentence |
29 | or provision is deemed unenforceable, the remaining provisions of the compact shall be |
30 | enforceable. |
31 | (2) The provisions of this compact shall be liberally construed to effectuate it purposes. |
32 | ARTICLE XVI. |
33 | BINDING EFFECT OF COMPACT AND OTHER LAWS |
34 | (1) Other laws. (a) Nothing herein prevents the enforcement of any other law of a |
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1 | compacting state, except as provided in paragraph (b) of the article. |
2 | (b) For any product approved or certified to the commission, the rules, uniform standards |
3 | and any other requirements of the commission shall constitute the exclusive provisions applicable |
4 | to the content, approval and certification of such products. For advertisement that is subject to the |
5 | commission’s authority, any rule, uniform standard or other requirement of the commission which |
6 | governs the content of the advertisement shall constitute the exclusive provision that a |
7 | commissioner may apply to the content of the advertisement. Notwithstanding the foregoing, no |
8 | action taken by the commission shall abrogate or restrict: (i) the access of any person to state courts; |
9 | (ii) remedies available under state law related to breach of contract, tort, or other laws not |
10 | specifically directed to the content of the product; (iii) state law relating to the construction of |
11 | insurance contracts; or (iv) the authority of the attorney general of the state, including, but not |
12 | limited to, maintaining any actions or proceedings, as authorized by law. |
13 | (c) All insurance products filed with individual states shall be subject to the laws of those |
14 | states. |
15 | (2) Binding effect on of this compact. (a) All lawful actions of the commission, including |
16 | all rules and operating procedures promulgated by the commission, are binding upon the |
17 | compacting states. |
18 | (b) All agreements between the commission and the compacting states are binding in |
19 | accordance with their terms. |
20 | (c) Upon the request of a party to a conflict over the meaning or interpretation of |
21 | commission actions, and upon a majority vote of the compacting states, the commission may issue |
22 | advisory opinions regarding the meaning or interpretation in dispute. |
23 | (d) In the event any provision of this compact exceeds the constitutional limits imposed on |
24 | the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be |
25 | conferred by that provision upon the commission shall be ineffective as to that compacting state, |
26 | and those obligations, duties, powers or jurisdiction shall remain in the compacting state and shall |
27 | be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are |
28 | delegated by law in effect at the time this compact becomes effective. |
29 | SECTION 5. Section 27-2.6-3 of the General Laws in Chapter 27-2.6 entitled "Rhode |
30 | Island Title Insurers Act" is hereby amended to read as follows: |
31 | 27-2.6-3. Definitions. |
32 | As used in this chapter: |
33 | (1) “Abstract of title” or “abstract” means a written history, synopsis or summary of the |
34 | recorded instruments affecting the title to real property. |
| LC002933/SUB A - Page 27 of 126 |
1 | (2) “Affiliate” means a specific person that directly, or indirectly through one or more |
2 | intermediaries, controls, or is controlled by or is under common control with the person specified. |
3 | (3) “Bona fide employee of the title insurer or title insurance agent” means an individual |
4 | who devotes substantially all of his or her time to performing services on behalf of a title insurer |
5 | or title insurance agent and whose compensation for those services is in the form of salary or its |
6 | equivalent paid by the title insurer or title insurance agent. |
7 | (4) “Commissioner” means the director of the department of business regulation, or his or |
8 | her designee or the commissioner, director or superintendent of insurance in any other state. |
9 | (5) “Control” (including the terms “controlling,” “controlled by” and “under common |
10 | control with”) means the possession, direct or indirect, of the power to direct or cause the direction |
11 | of the management and policies of a person, whether through the ownership of voting securities, |
12 | by contract other than a commercial contract for goods or nonmanagement services, or otherwise, |
13 | unless the power is the result of an official position or corporate office held by the person. Control |
14 | shall be presumed to exist if a person, directly or indirectly, owns, controls, holds with the power |
15 | to vote, or holds proxies representing, ten percent (10%) or more of the voting securities of another |
16 | person. This presumption may be rebutted by a showing that control does not exist in fact. The |
17 | commissioner may determine, after furnishing all persons in interest notice and opportunity to be |
18 | heard and making specific findings of fact to support the determination, that control exists in fact, |
19 | notwithstanding the absence of a presumption to that effect. |
20 | (6) “Direct operations” means that portion of a title insurer’s operations which are |
21 | attributable to business written by a bona fide employee. |
22 | (7) “Escrow” means written instruments, money or other items deposited by one party with |
23 | a depository, escrow agent or escrowee for delivery to another party upon the performance, of a |
24 | specified condition or the happening of a certain event. |
25 | (8) “Escrow, settlement or closing fee” means the consideration for supervising or handling |
26 | the actual execution, delivery or recording of transfer and lien documents and for disbursing funds. |
27 | (9) “Foreign title insurer” means any title insurer incorporated or organized under the laws |
28 | of any other state of the United States, the District of Columbia, or any other jurisdiction of the |
29 | United States. |
30 | (10) “Net retained liability” means the total liability retained by a title insurer for a single |
31 | risk, after taking into account any ceded liability and collateral, acceptable to the commissioner, |
32 | maintained by the insurer. |
33 | (11) “Non-U.S. title insurer” means any title insurer incorporated or organized under the |
34 | laws of any foreign nation or any province or territory. |
| LC002933/SUB A - Page 28 of 126 |
1 | (12) “Person” means any natural person, partnership, association, cooperative, corporation, |
2 | trust or other legal entity. |
3 | (13) “Producer” means any person, including any officer, director or owner of five percent |
4 | (5%) or more of the equity or capital of any person, engaged in this state in the trade, business, |
5 | occupation or profession of: |
6 | (i) Buying or selling interests in real property; |
7 | (ii) Making loans secured by interests in real property; or |
8 | (iii) Acting as broker, agent, representative or attorney or of a person who buys or sells |
9 | any interest in real property or who lends or borrows money with the interest as security. |
10 | (14) “Qualified financial institution” means an institution that is: |
11 | (i) Organized or (in the case of a United States branch or agency office of a foreign banking |
12 | organization) licensed under the laws of the United States or any state and has been granted |
13 | authority to operate with fiduciary powers; |
14 | (ii) Regulated, supervised and examined by federal or state authorities having regulatory |
15 | authority over banks and trust companies; |
16 | (iii) Insured by the appropriate federal entity; and |
17 | (iv) Qualified under any additional rules established by the commissioner. |
18 | (15) “Security” or “security deposit” means funds or other property received by the title |
19 | insurer as collateral to secure an indemnitor’s obligation under an indemnity agreement pursuant |
20 | to which the insurer is granted a perfected security interest in the collateral in exchange for agreeing |
21 | to provide coverage in a title insurance policy for a specific title exception to coverage. |
22 | (16) “Subsidiary” means an affiliate controlled by a person directly or indirectly through |
23 | one or more intermediaries. |
24 | (17) “Title insurance agent” or “agent” means an authorized person, other than a bona fide |
25 | employee of the title insurer who, on behalf of the title insurer, performs the following acts, in |
26 | conjunction with the issuance of a title insurance report or policy: |
27 | (i) Determines insurability and issues title insurance reports or policies, or both, based upon |
28 | the performance or review of a search or abstract of title; and |
29 | (ii) Performs one or more of the following functions: |
30 | (A) Collects or disburses premiums, escrow or security deposits or other funds; |
31 | (B) Handles escrows, settlements or closings; |
32 | (C) Solicits or negotiates title insurance business; or |
33 | (D) Records closing documents. |
34 | (18) “Title insurance business” or “business of title insurance” means“: |
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1 | (i) Issuing as insurer or offering to issue as insurer, a title insurance policy; |
2 | (ii) Transacting or proposing to transact by a title insurer any of the following activities |
3 | when conducted or performed in contemplation of, or in conjunction with, the issuance of a title |
4 | insurance policy: |
5 | (A) Soliciting or negotiating the issuance of a title insurance policy; |
6 | (B) Guaranteeing, warranting or otherwise insuring the correctness of title searches for all |
7 | instruments affecting titles to real property, any interest in real property, cooperative units and |
8 | proprietary leases and for all liens or charges affecting the same; |
9 | (C) Handling of escrows, settlements or closings; |
10 | (D) Executing title insurance policies; |
11 | (E) Effecting contracts of reinsurance. |
12 | (iii) Guaranteeing, warranting or insuring searches or examination of title to real property |
13 | or any interest in real property; |
14 | (iv) Guaranteeing or warranting the status of title as to ownership of or liens on real |
15 | property and personal property by any person other than the principals to the transaction; or |
16 | (v) Doing or proposing to do any business substantially equivalent to any of the activities |
17 | listed in this subsection in a manner designed to evade the provisions of this chapter. |
18 | (19) “Title insurance policy” or “policy” means a contract insuring or indemnifying owners |
19 | of, or other persons lawfully interested in, real or personal property or any interest in real property, |
20 | against loss or damage arising from any or all of the following conditions existing and not excepted |
21 | or excluded: |
22 | (i) Defects in or liens or encumbrances on the insured title; |
23 | (ii) Unmarketability of the insured title; |
24 | (iii) Invalidity, lack of priority or unenforceability of liens or encumbrances on the stated |
25 | property; |
26 | (iv) Lack of legal right of access to the land; or |
27 | (v) Unenforceability of rights in title to the land. |
28 | (20) “Title insurer” or “insurer” means a company organized under laws of this state for |
29 | the purpose of transacting the business of title insurance and any foreign or non-United States title |
30 | insurer licensed in this state to transact the business of title insurance. |
31 | (21) “Title plant” means a set of records consisting of documents, maps, surveys or entries |
32 | affecting title to real property or any interest in or encumbrance on the property, which have been |
33 | filed or recorded in the jurisdiction for which the title plant is established or maintained. |
34 | SECTION 6. Section 27-2.7-1 and 27-2.7-7 of the General Laws in Chapter 27-2.7 entitled |
| LC002933/SUB A - Page 30 of 126 |
1 | "Portable Electronics Insurance" are hereby amended to read as follows: |
2 | 27-2.7-1. Definitions. |
3 | For purposes of this section chapter, the following terms shall have the following |
4 | meanings: |
5 | (1) “Customer” means a person who purchases portable electronics or services; |
6 | (2) “Department” means the department of business regulation; |
7 | (3) “Enrolled customer” means a customer who elects coverage under a portable |
8 | electronics insurance policy issued by a vendor of portable electronics; |
9 | (4) “Insurance commissioner” means the director of the department of business regulation |
10 | or his/her designee; |
11 | (5) “Location” means any physical location in the state of Rhode Island or any website, |
12 | call center site or similar location directed to residents of the state of Rhode Island; |
13 | (6) “Portable electronics” means electronic devices that are portable in nature, their |
14 | accessories and services related to the use of the device; |
15 | (7)(i) “Portable electronics insurance” means insurance providing coverage for the repair |
16 | or replacement of portable electronics which may provide coverage for portable electronics against |
17 | any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, |
18 | malfunction, damage or other similar causes of loss. |
19 | (ii) “Portable electronics insurance” does not include: |
20 | (A) A service contract or extended warranty providing coverage limited to the repair, |
21 | replacement or maintenance of property for the operational or structural failure of property due to |
22 | a defect in materials, workmanship, accidental damage from handling, power surges, or normal |
23 | wear and tear; |
24 | (B) A policy of insurance covering a seller’s or a manufacturer’s obligations under a |
25 | warranty; or |
26 | (C) A homeowner’s renter’s, private passenger automobile, commercial multi-peril, or |
27 | similar policy; |
28 | (8) “Portable electronics transaction” means: |
29 | (i) The sale or lease of portable electronics by a vendor to a customer; or |
30 | (ii) The sale of a service related to the use of portable electronics by a vendor to a customer. |
31 | (9) “Supervising entity” means a business entity that is a licensed insurer or insurance |
32 | producer that is authorized by an insurer to supervise the administration of a portable electronics |
33 | insurance program. |
34 | (10) “Vendor” means a person in the business of engaging in portable electronics |
| LC002933/SUB A - Page 31 of 126 |
1 | transactions directly or indirectly. |
2 | 27-2.7-7. Application for license and fees. |
3 | (a) A sworn application for a license under this chapter shall be made to and filed with the |
4 | department on forms prescribed and furnished by the department in accordance with the provisions |
5 | of § 27-2.4-9(a)(8). |
6 | (b) The application shall: |
7 | (1) Provide the name, residence address, and other information required by the department |
8 | for an employee or officer of the vendor that is designated by the applicant as the person responsible |
9 | for the vendor’s compliance with the requirements of this chapter. However, if the vendor derives |
10 | more than fifty percent (50%) of its revenue from the sale of portable electronics insurance the |
11 | information noted above shall be provided for all officers, directors, and shareholder shareholders |
12 | of record having beneficial ownership of ten percent (l0%) or more of any class of securities |
13 | registered under the federal securities law; and |
14 | (2) The location of the applicant’s home office. |
15 | (c) Any license under this chapter is subject to all applicable provisions of chapter 2.4 of |
16 | this title, including, but not limited to, notification of change of address, lapse of license, |
17 | notification of administrative actions, assumed names and basis for suspension or revocation of |
18 | license; provided however, in the event there is a conflict between the provisions of this chapter |
19 | and chapter 2.4 of this title, this chapter shall prevail. |
20 | (d) Any vendor engaging in portable electronics insurance transactions on or before the |
21 | effective date of this chapter must apply for licensure within ninety (90) days of the application |
22 | being made available by the department. Any applicant commencing operations after the effective |
23 | date of this chapter must obtain a license prior to offering portable electronics insurance. |
24 | (e) Initial licenses issued pursuant to this chapter shall be valid for a period of two (2) |
25 | calendar years expiring on May 31 of the second (2nd) renewal year. Applicants for an initial |
26 | license shall pay the full two (2) year fee regardless of the number of months of the initial licensure. |
27 | Renewal licenses shall be effective for twenty-four (24) months effective and expiring on May 31. |
28 | (f) Each vendor of portable electronics licensed under this chapter shall pay to the |
29 | department a fee of two hundred dollars ($200) for an initial license and for each renewal thereof. |
30 | The department is authorized to institute miscellaneous fees for this license type in accordance with |
31 | § 27-2.4-4. |
32 | SECTION 7. Section 27-4-27 of the General Laws in Chapter 27-4 entitled "Life Insurance |
33 | Policies and Reserves" is hereby amended to read as follows: |
34 | 27-4-27. Insurable interest. |
| LC002933/SUB A - Page 32 of 126 |
1 | (a) Any individual of competent legal capacity may procure or effect an insurance contract |
2 | upon his or her life or body for the benefit of any person. Any life insurance company doing |
3 | business within the state may issue policies of insurance predicated upon the life or lives of any |
4 | person or persons with the consent of the insured, payable at maturity to any educational, religious, |
5 | benevolent, or charitable corporation or association which can legally take and receive testamentary |
6 | legacies and which are exempt from taxation under 26 U.S.C. § 501(c), irrespective of a financial |
7 | interest on the part of the corporation in the life of the person or persons insured. No person shall |
8 | procure or cause to be procured any insurance contract upon the life or body of another individual |
9 | unless the benefits under the contract are payable to the individual insured or his or her personal |
10 | representatives, or to a person having, at the time when the contract was made, an insurable interest |
11 | in the individual insured. |
12 | (b) If the beneficiary, assignee, or other payee under any contract made in violation of this |
13 | section receives from the insurer any benefits under that contract accruing upon the death, |
14 | disablement, or injury of the individual insured, the individual insured or his or her executor or |
15 | administrator may maintain an action to recover the benefits from the person so receiving them. |
16 | (c) “Insurable interest” as to personal insurance means that every individual has an |
17 | insurable interest in the life, body, and health of himself or herself and of other persons as follows: |
18 | (1) In the case of individuals related closely by blood or by law, a substantial interest |
19 | engendered by love and affection; |
20 | (2) In the case of other persons, a lawful and substantial economic interest in having the |
21 | life, health, or bodily safety of the individual insured continue, as distinguished from an interest |
22 | which would arise only by, or would be enhanced in value by the death, disablement, or injury of |
23 | the individual insured; |
24 | (3) In the case of employees of public and private corporations, with respect to whom the |
25 | corporate employer or an employer-sponsored trust is the beneficiary under the insurance contract, |
26 | a lawful and substantial economic interest exists in: |
27 | (i) Key employees; and |
28 | (ii) Employees other than those identified in subdivision (c)(3)(i), and former employees |
29 | and retirees for the purpose of funding, in the aggregate, all or part of the corporation’s cost for |
30 | pre-retirement and post-retirement benefits; provided, (A) that the amount of insurance coverage |
31 | on these employees will be limited to an amount commensurate with employer-provided benefits |
32 | to those employees, (B) that an insurance program used to finance these employee benefits includes |
33 | former employees, retirees, or a broad class of employees selected by objective standards related |
34 | to age, service, sex, or category of employment, and (C) that the proceeds created by that insurance |
| LC002933/SUB A - Page 33 of 126 |
1 | program are used for the sole purpose of funding the corporation’s pre-retirement or post- |
2 | retirement benefit programs; and |
3 | (4) An individual party to a contract or option for the purchase or sale of an interest in a |
4 | business, partnership, or firm or of shares of stock of a corporation or of an interest in the shares, |
5 | has an insurable interest in the life of each individual party to the contract and for the purposes of |
6 | the contract only, in addition to any insurable interest which may exist as to the life of that |
7 | individual. |
8 | (d) Insurance effectuated under a group life insurance policy pursuant to the program |
9 | described in subdivision (c)(3)(ii) need not comply with the provisions of § 27-4-22 to the extent |
10 | the provisions of that section would be inconsistent or would conflict with the purposes expressed |
11 | in subdivision (c)(3)(ii). |
12 | (e) An insurer shall be entitled to rely upon all statements, declarations, and representations |
13 | made by an applicant for insurance relative to insurable interest of the applicant in the insured, and |
14 | no insurer shall incur legal liability except as set forth in the policy by virtue of any untrue |
15 | statements, declarations, or representations relied upon in good faith by the insurer. |
16 | SECTION 8. Section 27-4.5-3 and 27-4.5-16 of the General Laws in Chapter 27-4.5 |
17 | entitled "The Standard Valuation Law" are hereby amended to read as follows: |
18 | 27-4.5-3. Actuarial opinion of reserves. |
19 | (a) Actuarial opinion prior to the operative date of the valuation manual: |
20 | (1) General. Every life insurance company doing business in this state shall annually |
21 | submit the opinion of a qualified actuary as to whether the reserves and related actuarial items held |
22 | in support of the policies and contracts specified by the commissioner of insurance by regulation |
23 | are computed appropriately, are based on assumptions which satisfy contractual provisions, are |
24 | consistent with prior reported amounts, and comply with applicable laws of this state. The |
25 | commissioner of insurance by regulation shall define the specifics of this opinion and add any other |
26 | items deemed to be necessary to its scope. |
27 | (2) Actuarial analysis of reserves and assets supporting reserves. |
28 | (i) Every life insurance company, except as exempted by regulation shall also annually |
29 | include in the opinion required by subsection (a) above an opinion of the same qualified actuary as |
30 | to whether the reserves and related actuarial items held in support of the policies and contracts |
31 | specified by the commissioner of insurance by regulation, when considered in light of the assets |
32 | held by the company with respect to the reserves and related actuarial items, including, but not |
33 | limited to, the investment earnings on the assets and the considerations anticipated to be received |
34 | and retained under the policies and contracts, make adequate provision for the company’s |
| LC002933/SUB A - Page 34 of 126 |
1 | obligations under the policies and contracts, including, but not limited to, the benefits under and |
2 | expenses associated with the policies and contracts. |
3 | (ii) The commissioner of insurance may provide by regulation for a transition period for |
4 | establishing any higher reserves that the qualified actuary may deem necessary in order to render |
5 | the opinion required by this section. |
6 | (3) Requirement for opinion under subdivision (2) above. Each opinion required by |
7 | subdivision (2) shall be governed by the following provisions: |
8 | (i) A memorandum, in form and substance acceptable to the commissioner of insurance as |
9 | specified by regulation, shall be prepared to support each actuarial opinion; and |
10 | (ii) If the insurance company fails to provide a supporting memorandum at the request of |
11 | the commissioner of insurance within a period specified by regulation or the commissioner of |
12 | insurance determines that the supporting memorandum provided by the insurance company fails to |
13 | meet the standards prescribed by the regulations or is otherwise unacceptable to the commissioner |
14 | of insurance, the commissioner of insurance may engage a qualified actuary at the expense of the |
15 | company to review the opinion and the basis for the opinion and prepare the supporting |
16 | memorandum required by the commissioner of insurance. |
17 | (4) Requirement for all opinions subject to subsection (a). Every opinion required by |
18 | subsection (a) shall be governed by the following provisions: |
19 | (i) The opinion shall be submitted with the annual statement reflecting the valuation of the |
20 | reserve liabilities for each year ending on or after December 31, 1994; |
21 | (ii) The opinion shall apply to all business in force including individual and group health |
22 | insurance plans, in a form and substance acceptable to the commissioner of insurance as specified |
23 | by regulation; |
24 | (iii) The opinion shall be based on standards adopted by the actuarial standards board and |
25 | on any additional standards as that the commissioner of insurance may by regulation prescribe; |
26 | (iv) In the case of an opinion required to be submitted by a foreign or alien company, the |
27 | commissioner of insurance may accept the opinion filed by that company with the insurance |
28 | supervisory official of another state if the commissioner of insurance determines that the opinion |
29 | reasonably meets the requirements applicable to a company domiciled in this state; |
30 | (v) For the purposes of this section, “qualified actuary” means a member in good standing |
31 | of the American Academy of Actuaries who meets the requirements set forth in the regulations; |
32 | (vi) Except in cases of fraud or willful misconduct, the qualified actuary shall not be liable |
33 | for damages to any person, other than the insurance company and the commissioner of insurance, |
34 | for any act, error, omission, decision, or conduct with respect to the actuary’s opinion; |
| LC002933/SUB A - Page 35 of 126 |
1 | (vii) Disciplinary action by the commissioner of insurance against the company or the |
2 | qualified actuary shall be defined in regulations by the commissioner of insurance; and |
3 | (viii) Except as provided in paragraphs (xii), (xiii) and (xiv) below, documents, materials |
4 | or other information in the possession or control of the department of insurance that are a |
5 | memorandum in support of the opinion, and any other material provided by the company to the |
6 | commissioner in connection with the memorandum, shall be confidential and privileged, shall not |
7 | be subject to chapter 35 of title 42, shall not be subject to subpoena, and shall not be subject to |
8 | discovery or admissible in evidence as in any private/civil private civil action. However, the |
9 | commissioner is authorized to use the documents, materials or other information in the furtherance |
10 | of any regulatory or legal action brought as a part of the commissioner’s official duties. |
11 | (ix) Neither the commissioner nor any person who received documents, materials or other |
12 | information while acting under the authority of the commissioner shall be permitted or required to |
13 | testify in any private civil action concerning any confidential documents, materials or information |
14 | subject to paragraph (viii). |
15 | (x) In order to assist in the performance of the commissioner’s duties, the commissioner: |
16 | (A) May share documents, materials or other information, including the confidential and |
17 | privileged documents, materials or information subject to paragraph (viii) with other state, federal |
18 | and international regulatory agencies, with the NAIC and its affiliates and subsidiaries, and with |
19 | state, federal and international law enforcement authorities, provided that the recipient agrees to |
20 | maintain the confidentiality and privileged status of the document, material or other information; |
21 | (B) May receive documents, materials or information, including otherwise confidential and |
22 | privileged documents, materials or information, from the NAIC and its affiliates and subsidiaries, |
23 | and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and |
24 | shall maintain as confidential or privileged any document, material or information received with |
25 | notice or the understanding that it is confidential or privileged under the laws of the jurisdiction |
26 | that is the source of the document, material or information; and |
27 | (C) May enter into agreements governing sharing and use of information consistent with |
28 | paragraphs (viii) through (x). |
29 | (xi) No waiver of any applicable privilege or claim of confidentiality in the documents, |
30 | materials or information shall occur as a result of disclosure to the commissioner under this section |
31 | or as a result of sharing as authorized in paragraph (x). |
32 | (xii) A memorandum in support of the opinion, and any other material provided by the |
33 | company to the commissioner in connection with the memorandum, may be subject to subpoena |
34 | for the purpose of defending an action seeking damages from the actuary submitting the |
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1 | memorandum by reason of an action required by this section or by regulations promulgated |
2 | hereunder. |
3 | (xiii) The memorandum or other material may otherwise be released by the commissioner |
4 | with the written consent of the company or to the American Academy of Actuaries upon request |
5 | stating that the memorandum or other material is required for the purpose of professional |
6 | disciplinary proceedings and setting forth procedures satisfactory to the commissioner for |
7 | preserving the confidentiality of the memorandum or other material. |
8 | (xiv) Once any portion of the confidential memorandum is cited by the company in its |
9 | marketing or is cited before a governmental agency other than a state insurance department or is |
10 | released by the company to the news media, all portions of the confidential memorandum shall be |
11 | no longer confidential. |
12 | (b) Actuarial opinion of reserves after the operative date of the valuation manual. |
13 | (1) General. Every company with outstanding life insurance contracts, accident and health |
14 | insurance contracts or deposit-type contracts in this state and subject to regulation by the |
15 | commissioner shall annually submit the opinion of the appointed actuary as to whether the reserves |
16 | and related actuarial items held in support of the policies and contracts are computed appropriately, |
17 | are based on assumptions that satisfy contractual provisions, are consistent with prior reported |
18 | amounts and comply with applicable laws of this state. The valuation manual will prescribe the |
19 | specifics of this opinion including any items deemed to be necessary to its scope. |
20 | (2) Actuarial analysis of reserves and assets supporting reserves. Every company with |
21 | outstanding life insurance contracts, accident and health insurance contracts or deposit-type |
22 | contracts in this state and subject to regulation by the commissioner, except as exempted in the |
23 | valuation manual, shall also annually include in the opinion required by subdivision (1) of this |
24 | section, an opinion of the same appointed actuary as to whether the reserves and related actuarial |
25 | items held in support of the policies and contracts specified in the valuation manual, when |
26 | considered in light of the assets held by the company with respect to the reserves and related |
27 | actuarial items, including, but not limited to, the investment earnings on the assets and the |
28 | considerations anticipated to be received and retained under the policies and contracts, make |
29 | adequate provision for the company’s obligations under the policies and contracts, including but |
30 | not limited to the benefits under and expenses associated with the policies and contracts. |
31 | (3) Requirements for opinions subject to subdivision 27-4.5-3(b)(2). Each opinion required |
32 | by subdivision 27-4.5-3(b)(2) shall be governed by the following provisions: |
33 | (i) A memorandum, in form and substance as specified in the valuation manual, and |
34 | acceptable to the commissioner, shall be prepared to support each actuarial opinion. |
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1 | (ii) If the insurance company fails to provide a supporting memorandum at the request of |
2 | the commissioner within a period specified in the valuation manual or the commissioner determines |
3 | that the supporting memorandum provided by the insurance company fails to meet the standards |
4 | prescribed by the valuation manual or is otherwise unacceptable to the commissioner, the |
5 | commissioner may engage a qualified actuary at the expense of the company to review the opinion |
6 | and the basis for the opinion and prepare the supporting memorandum required by the |
7 | commissioner. |
8 | (4) Requirement for all opinions subject to subsection 27-4.5-3(b). Every opinion shall be |
9 | governed by the following provisions: |
10 | (i) The opinion shall be in form and substance as specified in the valuation manual and |
11 | acceptable to the commissioner. |
12 | (ii) The opinion shall be submitted with the annual statement reflecting the valuation of |
13 | such reserve liabilities for each year ending on or after the operative date of the valuation manual. |
14 | (iii) The opinion shall apply to all policies and contracts subject to subdivision 27-4.5- |
15 | 3(b)(2), plus other actuarial liabilities as may be specified in the valuation manual. |
16 | (iv) The opinion shall be based on standards adopted from time to time by the actuarial |
17 | standards board or its successor, and on such additional standards as may be prescribed in the |
18 | valuation manual. |
19 | (v) In the case of an opinion required to be submitted by a foreign or alien company, the |
20 | commissioner may accept the opinion filed by that company with the insurance supervisory official |
21 | of another state if the commissioner determines that the opinion reasonably meets the requirements |
22 | applicable to a company domiciled in this state. |
23 | (vi) Except in cases of fraud or willful misconduct, the appointed actuary shall not be liable |
24 | for damages to any person (other than the insurance company and the commissioner) for any act, |
25 | error, omission, decision or conduct with respect to the appointed actuary’s opinion. |
26 | (vii) Disciplinary action by the commissioner against the company or the appointed actuary |
27 | shall be defined in regulations by the commissioner. |
28 | 27-4.5-16. Confidentiality. |
29 | (a) For purposes of this section, “confidential information” shall mean: |
30 | (1) A memorandum in support of an opinion submitted under § 27-4-3 27-4.5-3 and any |
31 | other documents, materials, and other information, including, but not limited to, all working papers, |
32 | and copies thereof, created, produced, or obtained by, or disclosed to, the commissioner or any |
33 | other person in connection with such memorandum; |
34 | (2) All documents, materials, and other information, including, but not limited to, all |
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1 | working papers, and copies thereof, created, produced, or obtained by, or disclosed to, the |
2 | commissioner or any other person in the course of an examination made under § 27-4.5-13(f); |
3 | provided, however, that if an examination report or other material prepared in connection with an |
4 | examination made under chapter 13.1 of title 27 is not held as private and confidential information |
5 | under chapter 13.1 of this title, an examination report or other material prepared in connection with |
6 | an examination made under § 27-4.5-13(f) of this chapter shall not be “confidential information” |
7 | to the same extent as if such examination report or other material had been prepared in accordance |
8 | with chapter 13.1 of title 27; |
9 | (3) Any reports, documents, materials, and other information developed by a company in |
10 | support of, or in connection with, an annual certification by the company under § 27-4.5-14(b)(2) |
11 | evaluating the effectiveness of the company’s internal controls with respect to a principle-based |
12 | valuation and any other documents, materials and other information, including, but not limited to, |
13 | all working papers, and copies thereof, created, produced, or obtained by, or disclosed to, the |
14 | commissioner or any other person in connection with such reports, documents, materials and other |
15 | information; |
16 | (4) Any principle-based valuation report developed under § 27-4.5-14(b)(3) and any other |
17 | documents, materials, and other information, including, but not limited to, all working papers, and |
18 | copies thereof, created, produced, or obtained by, or disclosed to, the commissioner or any other |
19 | person in connection with such report; and |
20 | (5) Any documents, materials, data, and other information submitted by a company under |
21 | § 27-4.5-15 (collectively, “experience data”) and any other documents, materials, data, and other |
22 | information, including, but not limited to, all working papers, and copies thereof, created or |
23 | produced in connection with such experience data, in each case that include any potentially |
24 | company-identifying or personally identifiable information, that is provided to, or obtained by, the |
25 | commissioner (together with any “experience data,” the “experience materials”) and any other |
26 | documents, materials, data, and other information, including, but not limited to, all working papers, |
27 | and copies thereof, created, produced, or obtained by, or disclosed to, the commissioner or any |
28 | other person in connection with such experience materials. |
29 | (b) Privilege for, and confidentiality of, confidential information. |
30 | (1) Except as provided in this § 27-4.5-16, a company’s confidential information is |
31 | confidential by law and privileged and shall not be subject to chapter 2 of title 38, shall not be |
32 | subject to subpoena and shall not be subject to discovery or admissible in evidence in any private |
33 | civil action; provided, however, that the commissioner is authorized to use the confidential |
34 | information in the furtherance of any regulatory or legal action brought against the company as a |
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1 | part of the commissioner’s official duties. |
2 | (2) Neither the commissioner, nor any person who received confidential information while |
3 | acting under the authority of the commissioner, shall be permitted or required to testify in any |
4 | private civil action concerning any confidential information. |
5 | (3) In order to assist in the performance of the commissioner’s duties, the commissioner |
6 | may share confidential information: |
7 | (i) With other state, federal, and international regulatory agencies and with the NAIC and |
8 | its affiliates and subsidiaries; and |
9 | (ii) In the case of confidential information specified in §§ 27-4.5-16(a)(1) and 27-4.5- |
10 | 16(a)(4) only, with the actuarial board for counseling and discipline or its successor upon request |
11 | stating that the confidential information is required for the purpose of professional disciplinary |
12 | proceedings, and with state, federal, and international law enforcement officials; in the case of |
13 | subsections (a) and (b), provided, that, such recipient agrees, and has the legal authority to agree, |
14 | to maintain the confidentiality and privileged status of such documents, materials, data, and other |
15 | information in the same manner, and to the same extent, as required for the commissioner. |
16 | (4) The commissioner may receive documents, materials, data, and other information, |
17 | including otherwise confidential and privileged documents, materials, data, or information, from |
18 | the NAIC and its affiliates and subsidiaries, from regulatory or law enforcement officials of other |
19 | foreign or domestic jurisdictions and from the actuarial board for counseling and discipline or its |
20 | successor and shall maintain as confidential or privileged any document, material, data, or other |
21 | information received with notice or the understanding that it is confidential or privileged under the |
22 | laws of the jurisdiction that is the source of the document, material, or other information. |
23 | (5) The commissioner may enter into agreements governing sharing and use of information |
24 | consistent with § 27-4.5-16(b). |
25 | (6) No waiver of any applicable privilege or claim of confidentiality in the confidential |
26 | information shall occur as a result of disclosure to the commissioner under this section or as a result |
27 | of sharing as authorized in § 27-4.5-16(b)(3). |
28 | (7) A privilege established under the law of any state or jurisdiction that is substantially |
29 | similar to the privilege established under § 27-4.5-16(b) shall be available and enforced in any |
30 | proceeding in, and in any court of, this state. |
31 | (8) In § 27-4.5-16 “regulatory agency,” “law enforcement agency” and the “NAIC” |
32 | include, but are not limited to, their employees, agents, consultants, and contractors. |
33 | (c) Notwithstanding § 27-4.5-16(b), any confidential information specified in §§ 27-4.5- |
34 | 16(a)(1) and 27-4.5-14(a)(4): |
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1 | (1) May be subject to subpoena for the purpose of defending an action seeking damages |
2 | from the appointed actuary submitting the related memorandum in support of an opinion submitted |
3 | under § 27-4.5-3 or principle-based valuation report developed under § 27-4.5-14(b)(3) by reason |
4 | of an action required by this chapter or by regulations promulgated hereunder; |
5 | (2) May otherwise be released by the commissioner with the written consent of the |
6 | company; and |
7 | (3) Once any portion of a memorandum in support of an opinion submitted under § 27-4.5- |
8 | 3 or a principle-based valuation report developed under § 27-4.5-14(b)(3) is cited by the company |
9 | in its marketing, or is publicly volunteered to or before a governmental agency other than a state |
10 | insurance department, or is released by the company to the news media, all portions of such |
11 | memorandum or report shall no longer be confidential. |
12 | SECTION 9. Sections 27-6-8.1 and 27-6-53 of the General Laws in Chapter 27-6 entitled |
13 | "Fire and Marine Insurance Rating" are hereby amended to read as follows: |
14 | 27-6-8.1. Rating for nonbusiness policies. |
15 | (a) Notwithstanding the requirements of § 27-6-8, a filing made by an insurer under this |
16 | section that provides for an overall statewide rate increase or decrease of no more than five percent |
17 | (5%) in the aggregate for all coverages that are subject to the filing may take effect the date it is |
18 | filed. The five percent (5%) limitation does not apply on an individual insured basis. No more than |
19 | one rate filing may be made by an insurer pursuant to the expedited process provided in this |
20 | subsection during any twelve (12) month period, unless a rate filing, when combined with any other |
21 | rate filing or filings made by an insurer within the preceding twelve (12) months, does not result in |
22 | an overall statewide increase or decrease of more than five percent (5%) in the aggregate for all |
23 | coverages that are subject to the filing. |
24 | (b) Rate filings falling outside of the limitation provided for in subsection (a) of this section |
25 | shall be subject to § 27-6-11, unless those filings are other otherwise exempt from those provisions |
26 | pursuant to another section of the insurance code. |
27 | (c) A filing submitted pursuant to subsection (a) of this section is considered to comply |
28 | with state law. However, if the commissioner of insurance determines that the filing is inadequate |
29 | or unfairly discriminatory, he/she shall issue a written order specifying in detail the provisions of |
30 | the insurance code the insurer has violated and the reasons the filing is inadequate or unfairly |
31 | discriminatory and stating a reasonable future date on which the filing is to be considered no longer |
32 | effective. An order by the commissioner pursuant to this subsection that is issued more than thirty |
33 | (30) days from the date on which the commissioner received the rate filing is prospective only and |
34 | does not affect any contract issued or made before the effective date of the order. For purposes of |
| LC002933/SUB A - Page 41 of 126 |
1 | this act, “unfairly discriminatory” means a rate for a risk that is classified in whole or in part on the |
2 | basis of race, color, creed or national origin. |
3 | (d) No rate increase within the limitation specified in subsection (a) of this section may be |
4 | implemented with regard to an individual existing policy, unless the increase is applied at the time |
5 | of a renewal or conditional renewal of an existing policy and the insurer, at least thirty (30) days in |
6 | advance of the end of the insured’s policy period, mails or delivers to the named insured, at the |
7 | address shown in the policy, a written notice that clearly and conspicuously discloses its intention |
8 | to change the rate. A notice of renewal or conditional renewal that clearly and conspicuously |
9 | discloses the renewal premium applicable to the policy shall be deemed to be in compliance with |
10 | this subsection. |
11 | 27-6-53. Use of credit rating. |
12 | (a) An insurer may use insurance scoring for rating and underwriting of homeowners’ |
13 | insurance only under the following conditions: |
14 | (1) The insurer demonstrates the predictive nature of their insurance score to the insurance |
15 | division. |
16 | (2) An insurer shall, once every two (2) years if requested by an existing customer, obtain |
17 | an updated insurance score for the customer. If, after obtaining the insurance score, the customer |
18 | has improved his, her or its credit rating, the user of the information shall afford the customer any |
19 | decrease in rates that are available due to the improved rating. The user may not increase the rate |
20 | of an existing customer based solely on a worsening in the customer’s insurance score unless: (i) |
21 | the worsening is due to a bankruptcy, tax lien, garnishment, foreclosure or judgment; or (ii) if a |
22 | subsequent insurance score no sooner than six (6) months later confirms the worsening in score. |
23 | Should an existing customer’s score change as the result of an updated credit report, the decrease |
24 | or increase in rates must be done at renewal subject to conditions established herein. |
25 | (3) An insurer shall not decline insurance for a new customer based solely on an insurance |
26 | score, or absence of an insurance score; and an insurer shall not cancel, nonrenew or increase the |
27 | rate of an existing customer based solely on a worsening in a customer’s insurance score unless: (i) |
28 | the worsening is due to a bankruptcy, tax lien, garnishment, foreclosure or judgment; or (ii) if a |
29 | subsequent insurance score no sooner than six (6) months later confirms the worsening in score. |
30 | Should an existing customer’s score change as the result of an updated credit report, the decrease |
31 | or increase in rates must be done at renewal subject to conditions established herein. |
32 | (4) No insurer is obligated to obtain a current credit report or insurance score for an insured |
33 | if: the insured is in the most favorably-priced tier of the insurer, within a group of affiliated insures |
34 | insurers; or credit was not used for the insured when the policy was initially written. However, the |
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1 | insurer shall have the discretion to use credit for the insured upon renewal, if consistent with its |
2 | underwriting guidelines. The user may not increase the rate of an existing customer based solely |
3 | on a worsening in the customer’s insurance score unless: (i) the worsening is due to a bankruptcy, |
4 | tax lien, garnishment, foreclosure or judgment; or (ii) if a subsequent insurance score no sooner |
5 | than six (6) months later confirms the worsening in score. Should an existing customer’s score |
6 | change as the result of an updated credit report, the decrease or increase in rates must be done at |
7 | renewal subject to conditions established herein. |
8 | (5) If a credit bureau determines that disputed information is inaccurate or incorrect and |
9 | that information was used in determining an insurance score which resulted in a denial, cancellation |
10 | or nonrenewal of or higher premiums or less favorable policy terms for a consumer, the insurer |
11 | shall, within thirty (30) days of receiving notice of correction, reissue or re-rate the policy by |
12 | refunding the amount of the overpayment of premium based on the corrected insurance score |
13 | retroactive to the shorter of the last twelve (12) months of coverage or the actual period of coverage. |
14 | An “insurance score” as used in this section shall be defined as a number or rating that is derived |
15 | from an algorithm, computer application, model or other process that is based in whole or in part |
16 | on credit history. |
17 | (b) Agents shall be held harmless by insurers for all acts, efforts and disclosures in |
18 | obtaining an insurance score on the insurer’s behalf. The commissioner is authorized and |
19 | empowered to establish rules and regulations to carry out the provisions of this section and to fulfill |
20 | the goals of this section. |
21 | (c) Notwithstanding the above, an insurer authorized to do business in Rhode Island that |
22 | uses credit information to underwrite or rate risks, shall not use the following as a negative factor |
23 | in any insurance scoring methodology or in reviewing credit information for the purpose of |
24 | underwriting or rating a policy of personal insurance: |
25 | (1) Credit inquiries not initiated by the consumer or inquiries requested by the consumer |
26 | for his or her own credit information; |
27 | (2) Inquiries relating to insurance coverage, if so identified on a consumer’s credit report; |
28 | (3) Collection accounts with a medical industry code, if so identified on the consumer’s |
29 | credit report; |
30 | (4) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer’s |
31 | credit report as being from the home mortgage industry and made within thirty (30) days of one |
32 | another, unless only one inquiry is considered; |
33 | (5) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer’s |
34 | credit report as being from the automobile lending industry and made within thirty (30) days of one |
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1 | another, unless only one inquiry is considered. |
2 | (d) No consumer reporting agency shall provide or sell data or lists that include any |
3 | information that in whole or in part was submitted in conjunction with an insurance inquiry about |
4 | a consumer’s credit information or a request for a credit report or insurance score. Such information |
5 | includes, but is not limited to, the expiration dates of an insurance policy or any other information |
6 | that may identify time periods during which a consumer’s insurance may expire and the terms and |
7 | conditions of the consumer’s insurance coverage. |
8 | (e) The restrictions provided in subsection (d) of this section do not apply to data or lists |
9 | the consumer reporting agency supplies to the insurance [agent/producer] from whom information |
10 | was received, the insurer on whose behalf such [agent/producer] acted, or such insurer’s affiliates |
11 | or holding companies. |
12 | (f) Nothing in this section shall be construed to restrict any insurer from being able to obtain |
13 | a claims history report or a motor vehicle report. |
14 | SECTION 10. Section 27-7.1-13.1 of the General Laws in Chapter 27-7.1 entitled |
15 | "Workers’ Compensation Insurance" is hereby amended to read as follows: |
16 | 27-7.1-13.1. False or misleading information. |
17 | No person, firm, corporation, association, or organization shall willfully withhold |
18 | information that will affect the rates or premiums chargeable under this chapter or knowingly give |
19 | false or misleading information to the director, any statistical agency or advisory organization |
20 | designed designated by the director or any insurer. |
21 | SECTION 11. Section 27-9.3-2 of the General Laws in Chapter 27-9.3 entitled "State |
22 | Structured Settlement Protection Act" is hereby amended to read as follows: |
23 | 27-9.3-2. Definitions. |
24 | For purposes of this chapter: |
25 | (1) “Annuity issuer” means an insurer that has issued a contract to fund periodic payments |
26 | under a structured settlement; |
27 | (2) “Dependents” includes a payee’s spouse and minor children and all other persons for |
28 | whom the payee is legally obligated to provide support, including alimony; |
29 | (3) “Discounted present value” means the present value of future payments determined by |
30 | discounting the payments to the present using the most recently published applicable federal rate |
31 | for determining the present value of an annuity, as issued by the United States Internal Revenue |
32 | Service; |
33 | (4) “Gross advance amount” means the sum payable to the payee or for the payee’s account |
34 | as consideration for a transfer of structured settlement payment rights before any reductions for |
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1 | transfer expenses or other deductions to be made from the consideration; |
2 | (5)(6) “Independent Interested parties” means, with respect to any structured settlement, |
3 | the payee, any beneficiary irrevocably designated under the annuity contract to receive payments |
4 | following the payee’s death, the annuity issuer, the structured settlement obligor, and any other |
5 | party that has continuing rights or obligations under the structured settlement; |
6 | (6)(5) “Independent professional advice” means advice of an attorney, certified public |
7 | accountant, actuary or other licensed professional adviser; |
8 | (7) “Net advance amount” means the gross advance amount less the aggregate amount of |
9 | the actual and estimated transfer expenses required to be disclosed under § 27-9.3-3(5); |
10 | (8) “Payee” means an individual who is receiving tax-free payments under a structured |
11 | settlement and proposes to make a transfer of payment rights under the settlement; |
12 | (9) “Periodic payments” includes both recurring payments and scheduled future lump sum |
13 | payments; |
14 | (10) “Qualified assignment agreement” means an agreement providing for a qualified |
15 | assignment within the meaning of Section 130 of the United States Internal Revenue Code, 26 |
16 | U.S.C. § 130; |
17 | (11) “Responsible administrative authority” means, with respect to a structured settlement, |
18 | any government authority vested by law with exclusive jurisdiction over the settled claim resolved |
19 | by the structured settlement; |
20 | (12) “Settled claim” means the original tort claim or workers’ compensation claim resolved |
21 | by a structured settlement; |
22 | (13) “Structured settlement” means an arrangement for periodic payment of damages for |
23 | personal injuries or sickness established by settlement or judgment in resolution of a tort claim or |
24 | for periodic payments in settlement of a workers’ compensation claim; |
25 | (14) “Structured settlement agreement” means the agreement, judgment, stipulation, or |
26 | release embodying the terms of a structured settlement; |
27 | (15) “Structured settlement obligor” means, with respect to any structured settlement, the |
28 | party that has the continuing obligation to make periodic payments to the payee under a structured |
29 | settlement agreement or a qualified assignment agreement; |
30 | (16) “Structured settlement payment rights” means rights to receive periodic payments |
31 | under a structured settlement, whether from the structured settlement obligor or the annuity issuer, |
32 | where: |
33 | (i) The payee is domiciled in, or the domicile or principal place of business of the structured |
34 | settlement obligor or the annuity issuer is located in, this state; or |
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1 | (ii) The structured settlement agreement was approved by a court or responsible |
2 | administrative authority in this state; or |
3 | (iii) The structured settlement agreement is expressly governed by the laws of this state; |
4 | (17) “Terms of the structured settlement” includes, with respect to any structured |
5 | settlement, the terms of the structured settlement agreement, the annuity contract, any qualified |
6 | assignment agreement and any order or other approval of any court or responsible administrative |
7 | authority or other government authority that authorized or approved the structured settlement; |
8 | (18) “Transfer” means any sale, assignment, pledge, hypothecation or another alienation |
9 | or encumbrance of structured settlement payment rights made by a payee for consideration; |
10 | provided that the term “transfer” does not include the creation or perfection of a security interest in |
11 | structured settlement payment rights under a blanket security agreement entered into with an |
12 | insured depository institution, in the absence of any action to redirect the structured settlement |
13 | payments to an insured depository institution, or an agent or successor in interest of an insured |
14 | depository institution, or to enforce the blanket security interest against the structured settlement |
15 | payment rights; |
16 | (19) “Transfer agreement” means the agreement providing for a transfer of structured |
17 | settlement payment rights; |
18 | (20) “Transfer expenses” means all expenses of a transfer that are required under the |
19 | transfer agreement to be paid by the payee or deducted from the gross advance amount, including, |
20 | without limitation, court filing fees, attorneys’ fees, escrow fees, lien recordation fees, judgment |
21 | and lien search fees, finders’ fees, commissions, and other payments to a broker or other |
22 | intermediary; “transfer expenses” do not include preexisting obligations of the payee payable for |
23 | the payee’ s account from the proceeds of a transfer; |
24 | (21) “Transferee” means a party acquiring or proposing to acquire structured settlement |
25 | payment rights through a transfer. |
26 | SECTION 12. Section 27-10.3-1 of the General Laws in Chapter 27-10.3 entitled "Motor |
27 | Vehicle Insurance — Mandatory Arbitration Provision" is hereby amended to read as follows: |
28 | 27-10.3-1. Arbitration provision. |
29 | (a) Every contract of motor vehicle liability insurance, issued in the state by an insurance |
30 | carrier authorized to do business in the state, shall contain the following provisions: |
31 | (1) Any person, referred to in this section as “the plaintiff,” suffering a loss, allegedly |
32 | resulting out of the ownership, maintenance, or use of a motor vehicle by an insured or self-insured, |
33 | and allegedly resulting from liability imposed by law for property damage, bodily injury, or death, |
34 | may, at his or her election, whenever the claim is for fifty thousand dollars ($50,000) or less, submit |
| LC002933/SUB A - Page 46 of 126 |
1 | the matter to arbitration pursuant to chapter 3 of title 10; |
2 | (2) Selection of arbitrator. After submission to arbitration by the plaintiff, one arbitrator |
3 | shall be selected from the list of qualified arbitrators of the court annexed arbitration program of |
4 | the superior court in the same manner as arbitrators are selected in accordance with the rules of that |
5 | program. Each party shall share the expenses of arbitration in accordance with the rules of the court |
6 | annexed arbitration program; |
7 | (3) Hearings. The arbitrator shall call a hearing and provide seven (7) days notice of the |
8 | time and place of the hearing to the parties. The hearing shall be informal, and the rules of evidence |
9 | prevailing in judicial proceedings shall be binding. Any and all documentary evidence and other |
10 | data deemed relevant by the arbitrators may be received in evidence. The arbitrators arbitrator |
11 | shall have the power to administer oaths and to require by subpoena the attendance and testimony |
12 | of witnesses, and the production of books, records, and other evidence, relative or pertinent to the |
13 | issues presented to them for determination. The decision of the arbitrators arbitrator shall be |
14 | binding upon the parties unless: |
15 | (i) In the event that suit has not been instituted, either party reserves his or her right to a |
16 | jury trial by giving notice of this reservation of right to the other party or parties and to the |
17 | arbitrators arbitrator within sixty (60) days of the arbitrators arbitrator's award by certified |
18 | mail return receipt requested; or |
19 | (ii) In the event that suit has been instituted, either party files a request for a jury trial with |
20 | the court and with notice to the other party or parties within sixty (60) days of the arbitrator’s award. |
21 | If the case proceeds to trial subsequent to arbitration, the decision of the arbitrators arbitrator |
22 | shall not be admissible; |
23 | (4) Statute of limitations. Notwithstanding the foregoing, a suit shall be instituted in order |
24 | to bring the action within any applicable statute of limitations, but the suit will be stayed until an |
25 | arbitrators arbitrator's award has been made or the case reached for trial; |
26 | (5) Agreements to arbitrate. Uninsured motorist contracts shall be governed by the |
27 | provisions of § 10-3-2. |
28 | (b) Every person who maintains motor vehicle liability insurance shall, when making an |
29 | application for a motor vehicle operator’s license, or the renewal of that license, or when registering |
30 | a motor vehicle, agree in writing on a form provided by the director of the department of |
31 | transportation to be bound by the provisions of this chapter. |
32 | SECTION 13. Section 27-14.3-32 of the General Laws in Chapter 27-14.3 entitled |
33 | "Insurers’ Rehabilitation and Liquidation Act" is hereby amended to read as follows: |
34 | 27-14.3-32. Voidable preferences and liens. |
| LC002933/SUB A - Page 47 of 126 |
1 | (a)(1) A preference is a transfer of any of the property of an insurer to or for the benefit of |
2 | a creditor, for or on account of an antecedent debt, made or suffered by the insurer within one year |
3 | before the filing of a successful petition for liquidation under this chapter, the effect of which |
4 | transfer may be to enable the creditor to obtain a greater percentage of this debt than another |
5 | creditor of the same class would receive. If a liquidation order is entered while the insurer is already |
6 | subject to a rehabilitation order, then the transfers shall be deemed preferences if made or suffered |
7 | within one year before the filing of the successful petition for rehabilitation, or within two (2) years |
8 | before the filing of the successful petition for liquidation, whichever time is shorter. |
9 | (2) Any preference may be avoided by the liquidator if: |
10 | (i) The insurer was insolvent at the time of the transfer; |
11 | (ii) The transfer was made within four (4) months before the filing of the petition; |
12 | (iii) The creditor receiving it or to be benefited by it or his or her agent acting with reference |
13 | to it had, at the time when the transfer was made, reasonable cause to believe that the insurer was |
14 | insolvent or was about to become insolvent; or |
15 | (iv) The creditor receiving it was an officer, or any employee or attorney or other person |
16 | who was in fact in a position of comparable influence in the insurer to an officer whether or not he |
17 | or she held the petition position, or any shareholder holding directly or indirectly more than five |
18 | percent (5%) of any class of any equity security issued by the insurer, or any other person, firm, |
19 | corporation, association, or aggregation of persons with whom the insurer did not deal at arm’s |
20 | length. |
21 | (3) Where the preference is voidable, the liquidator may recover the property or, if it has |
22 | been converted, its value from any person who has received or converted the property; provided, |
23 | that where a bona fide purchaser or lienor has given less than fair equivalent value, he or she shall |
24 | have a lien upon the property to the extent of the consideration actually given by him or her. Where |
25 | a preference by way of lien or security title is voidable, the court may on due notice order the lien |
26 | or title preserved for the benefit of the estate, in the event the lien or title shall pass to the liquidator. |
27 | (4) Notwithstanding subsection (a)(2) of this section, or any other provision of this chapter, |
28 | no receiver or any other person shall avoid any preference arising under or in connection with any |
29 | pledge, security, credit, collateral, loan, advances, reimbursement or guarantee agreement or |
30 | arrangement or any similar agreement, arrangement, or other credit enhancement to which a federal |
31 | home loan bank, as defined in § 27-14.3-5, is a party. |
32 | (b)(1) A transfer of property other than real property shall be deemed made or suffered |
33 | when it becomes so far perfected that no subsequent lien obtainable by legal or equitable |
34 | proceedings on a simple contract could become superior to the rights of the transferee. |
| LC002933/SUB A - Page 48 of 126 |
1 | (2) A transfer of real property shall be deemed made or suffered when it becomes so far |
2 | perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to |
3 | the rights of the transferee. |
4 | (3) A transfer which creates an equitable lien shall not be deemed perfected if there are |
5 | available means by which a legal lien could be created. |
6 | (4) A transfer not perfected prior to the filing of a petition for liquidation shall be deemed |
7 | made immediately before the filing of the successful petition. |
8 | (5) The provisions of this subsection apply whether or not there are or were creditors who |
9 | might have obtained liens or persons who might have become bona fide purchasers. |
10 | (c)(1) A lien obtainable by legal or equitable proceedings upon a simple contract is one |
11 | arising in the ordinary course of the proceedings upon the entry or docketing of a judgment or |
12 | decree, or upon attachment, garnishment, execution, or a similar process, whether before, upon, or |
13 | after judgment or decree and whether before or upon levy. It does not include liens that under |
14 | applicable law are given a special priority over other liens which are prior in time. |
15 | (2) A lien obtainable by legal or equitable proceedings could become superior to the rights |
16 | of a transferee or a purchaser could obtain rights superior to the rights of a transferee, within the |
17 | meaning of subsection (b) of this section, if the consequences would follow only from the lien or |
18 | purchase itself, or from the lien or purchase followed by any step wholly within the control of the |
19 | lienholder or purchaser, with or without the aid of ministerial action by public officials. That lien |
20 | could not become superior and that purchase could not create superior rights for the purpose of |
21 | subsection (b) of this section through any acts subsequent to the obtaining of the lien or subsequent |
22 | to the purchase which require the agreement or concurrence of any third party or which require any |
23 | further judicial action or ruling. |
24 | (d) A transfer of property for or on account of a new and contemporaneous consideration |
25 | which is deemed under subsection (b) of this section made or suffered after the transfer because of |
26 | delay in perfecting it does not by this become a transfer for or on account of an antecedent debt if |
27 | any acts required by the applicable law to be performed in order to perfect the transfer as against |
28 | liens or bona fide purchasers’ rights are performed within twenty-one (21) days or any period |
29 | expressly allowed by the law, whichever is less. A transfer to secure a future loan, if the loan is |
30 | actually made, or a transfer, which becomes security for a future loan, shall have the same effect |
31 | as a transfer for or on account of a new and contemporaneous consideration. |
32 | (e) If any lien deemed voidable under subdivision (a)(2) of this section has been dissolved |
33 | by the furnishing of a bond or other obligation, the surety on which has been indemnified directly |
34 | or indirectly by the transfer of or the creation of a lien upon any property of an insurer before the |
| LC002933/SUB A - Page 49 of 126 |
1 | filing of a petition under this chapter which results in a liquidation order, the indemnifying transfer |
2 | or lien shall also be deemed voidable. |
3 | (f) The property affected by any lien deemed voidable under subsections (a) and (e) of this |
4 | section shall be discharged from the lien, and that property and any of the indemnifying property |
5 | transferred to or for the benefit of a surety shall pass to the liquidator, except that the court may on |
6 | due notice order any lien preserved for the benefit of the estate and the court may direct that |
7 | conveyance executed as may be proper or adequate to evidence the title of the liquidator. |
8 | (g) The superior court for the county of Providence shall have summary jurisdiction of any |
9 | proceeding by the liquidator to hear and determine the rights of any parties under this section. |
10 | Reasonable notice of any hearing in the proceeding shall be given to all parties in interest, including |
11 | the obligee of a releasing bond or other similar obligation. Where an order is entered for the |
12 | recovery of indemnifying property in kind or for the avoidance of an indemnifying lien the court, |
13 | upon application of any party in interest, shall in the same proceeding ascertain the value of the |
14 | property or lien, and if the value is less than the amount for which the property is indemnity or than |
15 | the amount of the lien, the transferee or lienholder may elect to retain the property or lien upon |
16 | payment of its value, as ascertained by the court, to the liquidator, within any reasonable times as |
17 | the court shall fix. |
18 | (h) The liability of the surety under a releasing bond or other similar obligation shall be |
19 | discharged to the extent of the value of the indemnifying property recovered or the indemnifying |
20 | lien nullified and avoided by the liquidator, or where the property is retained under subsection (g) |
21 | of this section to the extent of the amount paid to the liquidator. |
22 | (i) If a creditor has been preferred, and afterward in good faith gives the insurer further |
23 | credit without security of any kind for property which becomes a part of the insurer’s estate, the |
24 | amount of the new credit remaining unpaid at the time of the petition may be set off against the |
25 | preference which would be recoverable from him or her. |
26 | (j) If an insurer, directly or indirectly, within one year before the filing of a successful |
27 | petition for liquidation under this chapter, or at any time in contemplation of a proceeding to |
28 | liquidate it, pays money or transfers property to an attorney at law for services rendered or to be |
29 | rendered, the transactions may be examined by the court on its own motion or shall be examined |
30 | by the court on petition of the liquidator and shall be held valid only to the extent of a reasonable |
31 | amount to be determined by the court, and the excess may be recovered by the liquidator for the |
32 | benefits of the estate; provided, that where the attorney is in a position of influence in the insurer |
33 | or an affiliate of the insurer, payment of any money or the transfer of any property to the attorney |
34 | at law for services rendered or to be rendered shall be governed by the provision of subdivision |
| LC002933/SUB A - Page 50 of 126 |
1 | (a)(2)(iv) of this section. |
2 | (k)(1) Every officer, manager, employee, shareholder, member, subscriber, attorney, or any |
3 | other person acting on behalf of the insurer who knowingly participates in giving any preference |
4 | when he or she has reasonable cause to believe the insurer is or is about to become insolvent at the |
5 | time of the preference shall be personally liable to the liquidator for the amount of the preference. |
6 | It is permissible to infer that there is a reasonable cause to believe this if the transfer was made |
7 | within four (4) months before the date of filing of this successful petition for liquidation. |
8 | (2) Every person receiving any property from the insurer or the benefit of the property as |
9 | a preference voidable under subsection (a) of this section shall be personally liable for it and shall |
10 | be bound to account to the liquidator. |
11 | (3) Nothing in this subsection shall prejudice any other claim by the liquidator against any |
12 | person. |
13 | SECTION 14. Section 27-18-25 of the General Laws in Chapter 27-18 entitled "Accident |
14 | and Sickness Insurance Policies" is hereby amended to read as follows: |
15 | 27-18-25. Unfair discrimination prohibited. |
16 | Notwithstanding any provision of any policy of insurance, certificate, or service contract |
17 | issued in this state, whenever the insurance policy, certificate, or service contract provides for |
18 | reimbursement for any services that may be legally performed by any person licensed under the |
19 | provisions of chapters 29, 30, 35 35.1 and 37 of title 5, reimbursement under the insurance policy, |
20 | certificate, or service contract shall be based upon a determination of medical necessity and shall |
21 | not be denied because of race, color, or creed, nor shall any insurer make or permit any unfair |
22 | discrimination against particular individuals or persons licensed under chapters 29, 30, 35 35.1 and |
23 | 37 of title 5. |
24 | SECTION 15. Section 27-18.5-2 of the General Laws in Chapter 27-18.5 entitled |
25 | "Individual Health Insurance Coverage" is hereby amended to read as follows: |
26 | 27-18.5-2. Definitions. |
27 | The following words and phrases as used in this chapter have the following meanings |
28 | unless a different meaning is required by the context: |
29 | (1) “Bona fide association” means, with respect to health insurance coverage offered in |
30 | this state, an association that: |
31 | (i) Has been actively in existence for at least five (5) years; |
32 | (ii) Has been formed and maintained in good faith for purposes other than obtaining |
33 | insurance; |
34 | (iii) Does not condition membership in the association on any health status-related factor |
| LC002933/SUB A - Page 51 of 126 |
1 | relating to an individual (including an employee of an employer or a dependent of an employee); |
2 | (iv) Makes health insurance coverage offered through the association available to all |
3 | members regardless of any health status-related factor relating to the members (or individuals |
4 | eligible for coverage through a member); |
5 | (v) Does not make health insurance coverage offered through the association available |
6 | other than in connection with a member of the association; |
7 | (vi) Is composed of persons having a common interest or calling; |
8 | (vii) Has a constitution and bylaws; and |
9 | (viii) Meets any additional requirements that the director may prescribe by regulation; |
10 | (2) “COBRA continuation provision” means any of the following: |
11 | (i) Section 4980(B) of the Internal Revenue Code of 1986, 26 U.S.C. § 4980B, other than |
12 | subsection (f)(1) of that section insofar as it relates to pediatric vaccines; |
13 | (ii) Part 6 of subtitle B of Title I of the Employee Retirement Income Security Act of 1974, |
14 | 29 U.S.C. § 1161 et seq., other than Section 609 of that act, 29 U.S.C. § 1169; or |
15 | (iii) Title XXII of the United States Public Health Service Act, 42 U.S.C. § 300bb-1 et seq.; |
16 | (3) “Commissioner” means the health insurance commissioner; |
17 | (4) “Creditable coverage” has the same meaning as defined in the United States Public |
18 | Health Service Act, Section 2701(c), 42 U.S.C. § 300gg(c), as added by P.L. 104-191 § 42 U.S.C. |
19 | § 300gg-3(c); |
20 | (5) “Director” means the director of the department of business regulation; |
21 | (6) “Eligible individual” means an individual: |
22 | (i) For whom, as of the date on which the individual seeks coverage under this chapter, the |
23 | aggregate of the periods of creditable coverage is eighteen (18) or more months and whose most |
24 | recent prior creditable coverage was under a group health plan, a governmental plan established or |
25 | maintained for its employees by the government of the United States or by any of its agencies or |
26 | instrumentalities, or church plan (as defined by the Employee Retirement Income Security Act of |
27 | 1974, 29 U.S.C. § 1001 et seq.); |
28 | (ii) Who is not eligible for coverage under a group health plan, part A or part B of title |
29 | XVIII of the Social Security Act, 42 U.S.C. § 1395c et seq. or 42 U.S.C. § 1395j et seq., or any |
30 | state plan under title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (or any successor |
31 | program), and does not have other health insurance coverage; |
32 | (iii) With respect to whom the most recent coverage within the coverage period was not |
33 | terminated based on a factor described in § 27-18.5-4(b) (relating to nonpayment of premiums or |
34 | fraud); |
| LC002933/SUB A - Page 52 of 126 |
1 | (iv) If the individual had been offered the option of continuation coverage under a COBRA |
2 | continuation provision, or under chapter 19.1 of this title or under a similar state program of this |
3 | state or any other state, who elected the coverage; and |
4 | (v) Who, if the individual elected COBRA continuation coverage, has exhausted the |
5 | continuation coverage under the provision or program; |
6 | (7) “Group health plan” means an employee welfare benefit plan as defined in section 3(1) |
7 | of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(1), to the extent that |
8 | the plan provides medical care and including items and services paid for as medical care to |
9 | employees or their dependents as defined under the terms of the plan directly or through insurance, |
10 | reimbursement or otherwise; |
11 | (8) “Health insurance carrier” or “carrier” means any entity subject to the insurance laws |
12 | and regulations of this state, or subject to the jurisdiction of the director, that contracts or offers to |
13 | contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare |
14 | services, including, without limitation, an insurance company offering accident and sickness |
15 | insurance, a health maintenance organization, a nonprofit hospital, medical or dental service |
16 | corporation, or any other entity providing a plan of health insurance or health benefits by which |
17 | healthcare services are paid or financed for an eligible individual or his or her dependents by such |
18 | entity on the basis of a periodic premium, paid directly or through an association, trust, or other |
19 | intermediary, and issued, renewed, or delivered within or without Rhode Island to cover a natural |
20 | person who is a resident of this state, including a certificate issued to a natural person that evidences |
21 | coverage under a policy or contract issued to a trust or association; |
22 | (9)(i) “Health insurance coverage” means a policy, contract, certificate, or agreement |
23 | offered by a health insurance carrier to provide, deliver, arrange for, pay for, or reimburse any of |
24 | the costs of healthcare services. Health insurance coverage includes short-term limited-duration |
25 | policies and any policy that pays on a cost-incurred basis, except as otherwise specifically exempted |
26 | by subsection (9)(ii), (iii), (iv), or (v) of this section. |
27 | (ii) “Health insurance coverage” does not include one or more, or any combination of, the |
28 | following: |
29 | (A) Coverage only for accident, or disability income insurance, or any combination of |
30 | those; |
31 | (B) Coverage issued as a supplement to liability insurance; |
32 | (C) Liability insurance, including general liability insurance and automobile liability |
33 | insurance; |
34 | (D) Workers’ compensation or similar insurance; |
| LC002933/SUB A - Page 53 of 126 |
1 | (E) Automobile medical payment insurance; |
2 | (F) Credit-only insurance; |
3 | (G) Coverage for on-site medical clinics; and |
4 | (H) Other similar insurance coverage, specified in federal regulations issued pursuant to |
5 | P.L. 104-191, under which benefits for medical care are secondary or incidental to other insurance |
6 | benefits; |
7 | (I) [Deleted by P.L. 2019, ch. 88, art. 11, § 1]; |
8 | (iii) “Health insurance coverage” does not include the following benefits if they are |
9 | provided under a separate policy, certificate, or contract of insurance or are not an integral part of |
10 | the coverage: |
11 | (A) Limited scope dental or vision benefits; |
12 | (B) Benefits for long-term care, nursing home care, home health care, community-based |
13 | care, or any combination of these; |
14 | (C) Any other similar, limited benefits that are specified in federal regulation issued |
15 | pursuant to P.L. 104-191; |
16 | (iv) “Health insurance coverage” does not include the following benefits if the benefits are |
17 | provided under a separate policy, certificate, or contract of insurance, there is no coordination |
18 | between the provision of the benefits and any exclusion of benefits under any group health plan |
19 | maintained by the same plan sponsor, and the benefits are paid with respect to an event without |
20 | regard to whether benefits are provided with respect to the event under any group health plan |
21 | maintained by the same plan sponsor: |
22 | (A) Coverage only for a specified disease or illness; or |
23 | (B) Hospital indemnity or other fixed indemnity insurance; and |
24 | (v) “Health insurance coverage” does not include the following if it is offered as a separate |
25 | policy, certificate, or contract of insurance: |
26 | (A) Medicare supplemental health insurance as defined under section 1882(g)(1) of the |
27 | Social Security Act, 42 U.S.C. § 1395ss(g)(1); |
28 | (B) Coverage supplemental to the coverage provided under 10 U.S.C. § 1071 et seq.; and |
29 | (C) Similar supplemental coverage provided to coverage under a group health plan; |
30 | (10) “Health status-related factor” means any of the following factors: |
31 | (i) Health status; |
32 | (ii) Medical condition, including both physical and mental illnesses; |
33 | (iii) Claims experience; |
34 | (iv) Receipt of health care; |
| LC002933/SUB A - Page 54 of 126 |
1 | (v) Medical history; |
2 | (vi) Genetic information; |
3 | (vii) Evidence of insurability, including conditions arising out of acts of domestic violence; |
4 | and |
5 | (viii) Disability; |
6 | (11) “High-risk individuals” means those individuals who do not pass medical |
7 | underwriting standards due to high healthcare needs or risks; |
8 | (12) “Individual market” means the market for health insurance coverage offered to |
9 | individuals other than in connection with a group health plan; |
10 | (13) “Network plan” means health insurance coverage offered by a health insurance carrier |
11 | under which the financing and delivery of medical care, including items and services paid for as |
12 | medical care, are provided, in whole or in part, through a defined set of providers under contract |
13 | with the carrier; |
14 | (14) “Preexisting condition” means, with respect to health insurance coverage, a condition |
15 | (whether physical or mental), regardless of the cause of the condition, that was present before the |
16 | date of enrollment for the coverage, for which medical advice, diagnosis, care, or treatment was |
17 | recommended or received within the six-month (6) period ending on the enrollment date. Genetic |
18 | information shall not be treated as a preexisting condition in the absence of a diagnosis of the |
19 | condition related to that information; and |
20 | (15) “Wellness health benefit plan” means that health benefit plan offered in the individual |
21 | market pursuant to § 27-18.5-8. |
22 | SECTION 16. Section 27-18.6-2 of the General Laws in Chapter 27-18.6 entitled "Large |
23 | Group Health Insurance Coverage" is hereby amended to read as follows: |
24 | 27-18.6-2. Definitions. |
25 | The following words and phrases as used in this chapter have the following meanings |
26 | unless a different meaning is required by the context: |
27 | (1) “Affiliation period” means a period which, under the terms of the health insurance |
28 | coverage offered by a health maintenance organization, must expire before the health insurance |
29 | coverage becomes effective. The health maintenance organization is not required to provide health |
30 | care services or benefits during the period and no premium shall be charged to the participant or |
31 | beneficiary for any coverage during the period; |
32 | (2) “Beneficiary” has the meaning given that term under section 3(8) of the Employee |
33 | Retirement Security Act of 1974, 29 U.S.C. § 1002(8); |
34 | (3) “Bona fide association” means, with respect to health insurance coverage in this state, |
| LC002933/SUB A - Page 55 of 126 |
1 | an association which: |
2 | (i) Has been actively in existence for at least five (5) years; |
3 | (ii) Has been formed and maintained in good faith for purposes other than obtaining |
4 | insurance; |
5 | (iii) Does not condition membership in the association on any health status-relating factor |
6 | relating to an individual (including an employee of an employer or a dependent of an employee); |
7 | (iv) Makes health insurance coverage offered through the association available to all |
8 | members regardless of any health status-related factor relating to the members (or individuals |
9 | eligible for coverage through a member); |
10 | (v) Does not make health insurance coverage offered through the association available |
11 | other than in connection with a member of the association; |
12 | (vi) Is composed of persons having a common interest or calling; |
13 | (vii) Has a constitution and bylaws; and |
14 | (viii) Meets any additional requirements that the director may prescribe by regulation; |
15 | (4) “COBRA continuation provision” means any of the following: |
16 | (i) Section 4980(B) of the Internal Revenue Code of 1986, 26 U.S.C. § 4980B, other than |
17 | the subsection (f)(1) of that section insofar as it relates to pediatric vaccines; |
18 | (ii) Part 6 of subtitle B of title 1 of the Employee Retirement Income Security Act of 1974, |
19 | 29 U.S.C. § 1161 et seq., other than section 609 of that act, 29 U.S.C. § 1169; or |
20 | (iii) Title XXII of the United States Public Health Service Act, 42 U.S.C. § 300bb-1 et seq.; |
21 | (5) “Creditable coverage” has the same meaning as defined in the United States Public |
22 | Health Service Act, section 2701(c), 42 U.S.C. § 300gg(c) , as added by P.L. 104-191 42 U.S.C. |
23 | § 300gg-3(c); |
24 | (6) “Church plan” has the meaning given that term under section 3(33) of the Employee |
25 | Retirement Income Security Act of 1974, 29 U.S.C. § 1002(33); |
26 | (7) “Director” means the director of the department of business regulation; |
27 | (8) “Employee” has the meaning given that term under section 3(6) of the Employee |
28 | Retirement Income Security Act of 1974, 29 U.S.C. § 1002(6); |
29 | (9) “Employer” has the meaning given that term under section 3(5) of the Employee |
30 | Retirement Income Security Act of 1974, 29 U.S.C. § 1002(5), except that the term includes only |
31 | employers of two (2) or more employees; |
32 | (10) “Enrollment date” means, with respect to an individual covered under a group health |
33 | plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage |
34 | or, if earlier, the first day of the waiting period for the enrollment; |
| LC002933/SUB A - Page 56 of 126 |
1 | (11) “Governmental plan” has the meaning given that term under section 3(32) of the |
2 | Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(32), and includes any |
3 | governmental plan established or maintained for its employees by the government of the United |
4 | States, the government of any state or political subdivision of the state, or by any agency or |
5 | instrumentality of government; |
6 | (12) “Group health insurance coverage” means, in connection with a group health plan, |
7 | health insurance coverage offered in connection with that plan; |
8 | (13) “Group health plan” means an employee welfare benefits plan as defined in section |
9 | 3(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(1), to the extent |
10 | that the plan provides medical care and including items and services paid for as medical care to |
11 | employees or their dependents as defined under the terms of the plan directly or through insurance, |
12 | reimbursement or otherwise; |
13 | (14) “Health insurance carrier” or “carrier” means any entity subject to the insurance laws |
14 | and regulations of this state, or subject to the jurisdiction of the director, that contracts or offers to |
15 | contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care |
16 | services, including, without limitation, an insurance company offering accident and sickness |
17 | insurance, a health maintenance organization, a nonprofit hospital, medical or dental service |
18 | corporation, or any other entity providing a plan of health insurance, health benefits, or health |
19 | services; |
20 | (15)(i) “Health insurance coverage” means a policy, contract, certificate, or agreement |
21 | offered by a health insurance carrier to provide, deliver, arrange for, pay for, or reimburse any of |
22 | the costs of health care services. Health insurance coverage does include short-term and |
23 | catastrophic health insurance policies, and a policy that pays on a cost-incurred basis, except as |
24 | otherwise specifically exempted in this definition; |
25 | (ii) “Health insurance coverage” does not include one or more, or any combination of, the |
26 | following “excepted benefits”: |
27 | (A) Coverage only for accident, or disability income insurance, or any combination of |
28 | those; |
29 | (B) Coverage issued as a supplement to liability insurance; |
30 | (C) Liability insurance, including general liability insurance and automobile liability |
31 | insurance; |
32 | (D) Workers’ compensation or similar insurance; |
33 | (E) Automobile medical payment insurance; |
34 | (F) Credit-only insurance; |
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1 | (G) Coverage for on-site medical clinics; and |
2 | (H) Other similar insurance coverage, specified in federal regulations issued pursuant to |
3 | P.L. 104-191, under which benefits for medical care are secondary or incidental to other insurance |
4 | benefits; |
5 | (iii) “Health insurance coverage” does not include the following “limited, excepted |
6 | benefits” if they are provided under a separate policy, certificate of insurance, or are not an integral |
7 | part of the plan: |
8 | (A) Limited scope dental or vision benefits; |
9 | (B) Benefits for long-term care, nursing home care, home health care, community-based |
10 | care, or any combination of those; and |
11 | (C) Any other similar, limited benefits that are specified in federal regulations issued |
12 | pursuant to P.L. 104-191; |
13 | (iv) “Health insurance coverage” does not include the following “noncoordinated, excepted |
14 | benefits” if the benefits are provided under a separate policy, certificate, or contract of insurance, |
15 | there is no coordination between the provision of the benefits and any exclusion of benefits under |
16 | any group health plan maintained by the same plan sponsor, and the benefits are paid with respect |
17 | to an event without regard to whether benefits are provided with respect to the event under any |
18 | group health plan maintained by the same plan sponsor: |
19 | (A) Coverage only for a specified disease or illness; and |
20 | (B) Hospital indemnity or other fixed indemnity insurance; |
21 | (v) “Health insurance coverage” does not include the following “supplemental, excepted |
22 | benefits” if offered as a separate policy, certificate, or contract of insurance: |
23 | (A) Medicare supplemental health insurance as defined under section 1882(g)(1) of the |
24 | Social Security Act, 42 U.S.C. § 1395ss(g)(1); |
25 | (B) Coverage supplemental to the coverage provided under 10 U.S.C. § 1071 et seq.; and |
26 | (C) Similar supplemental coverage provided to coverage under a group health plan; |
27 | (16) “Health maintenance organization” (“HMO”) means a health maintenance |
28 | organization licensed under chapter 41 of this title; |
29 | (17) “Health status-related factor” means any of the following factors: |
30 | (i) Health status; |
31 | (ii) Medical condition, including both physical and mental illnesses; |
32 | (iii) Claims experience; |
33 | (iv) Receipt of health care; |
34 | (v) Medical history; |
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1 | (vi) Genetic information; |
2 | (vii) Evidence of insurability, including contributions arising out of acts of domestic |
3 | violence; and |
4 | (viii) Disability; |
5 | (18) “Large employer” means, in connection with a group health plan with respect to a |
6 | calendar year and a plan year, an employer who employed an average of at least fifty-one (51) |
7 | employees on business days during the preceding calendar year and who employs at least two (2) |
8 | employees on the first day of the plan year. In the case of an employer which was not in existence |
9 | throughout the preceding calendar year, the determination of whether the employer is a large |
10 | employer shall be based on the average number of employees that is reasonably expected the |
11 | employer will employ on business days in the current calendar year; |
12 | (19) “Large group market” means the health insurance market under which individuals |
13 | obtain health insurance coverage (directly or through any arrangement) on behalf of themselves |
14 | (and their dependents) through a group health plan maintained by a large employer; |
15 | (20) “Late enrollee” means, with respect to coverage under a group health plan, a |
16 | participant or beneficiary who enrolls under the plan other than during: |
17 | (i) The first period in which the individual is eligible to enroll under the plan; or |
18 | (ii) A special enrollment period; |
19 | (21) “Medical care” means amounts paid for: |
20 | (i) The diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for |
21 | the purpose of affecting any structure or function of the body; |
22 | (ii) Amounts paid for transportation primarily for and essential to medical care referred to |
23 | in paragraph (i) of this subdivision; and |
24 | (iii) Amounts paid for insurance covering medical care referred to in paragraphs (i) and (ii) |
25 | of this subdivision; |
26 | (22) “Network plan” means health insurance coverage offered by a health insurance carrier |
27 | under which the financing and delivery of medical care including items and services paid for as |
28 | medical care are provided, in whole or in part, through a defined set of providers under contract |
29 | with the carrier; |
30 | (23) “Participant” has the meaning given such term under section 3(7) of the Employee |
31 | Retirement Income Security Act of 1974, 29 U.S.C. § 1002(7); |
32 | (24) “Placed for adoption” means, in connection with any placement for adoption of a child |
33 | with any person, the assumption and retention by that person of a legal obligation for total or partial |
34 | support of the child in anticipation of adoption of the child. The child’s placement with the person |
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1 | terminates upon the termination of the legal obligation; |
2 | (25) “Plan sponsor” has the meaning given that term under section 3(16)(B) of the |
3 | Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(16)(B). “Plan sponsor” also |
4 | includes any bona fide association, as defined in this section; |
5 | (26) “Preexisting condition exclusion” means, with respect to health insurance coverage, a |
6 | limitation or exclusion of benefits relating to a condition based on the fact that the condition was |
7 | present before the date of enrollment for the coverage, whether or not any medical advice, |
8 | diagnosis, care or treatment was recommended or received before the date; and |
9 | (27) “Waiting period” means, with respect to a group health plan and an individual who is |
10 | a potential participant or beneficiary in the plan, the period that must pass with respect to the |
11 | individual before the individual is eligible to be covered for benefits under the terms of the plan. |
12 | SECTION 17. Section 27-18.9-5 of the General Laws in Chapter 27-18.9 entitled "Benefit |
13 | Determination and Utilization Review Act" is hereby amended to read as follows: |
14 | 27-18.9-5. Administrative and non-administrative benefit determination procedural |
15 | requirements. |
16 | (a) Procedural failure by claimant. |
17 | (1) In the event of the failure of claimant or an authorized representative to follow the |
18 | healthcare entities claims procedures for a pre-service claim the healthcare entity or its review agent |
19 | must: |
20 | (i) Notify claimant or the authorized representative, as appropriate, of this failure as soon |
21 | as possible and no later than five (5) calendar days following the failure and this notification must |
22 | also inform claimant of the proper procedures to file a pre-service claim; and |
23 | (ii) Notwithstanding the above, if the pre-service claim relates to urgent or emergent |
24 | healthcare services, the healthcare entity or its review agent must notify and inform claimant or the |
25 | authorized representative, as appropriate, of the failure and proper procedures within twenty-four |
26 | (24) hours following the failure. Notification may be oral, unless written notification is requested |
27 | by the claimant or authorized representative. |
28 | (2) Claimant must have stated name, specific medical condition or symptom and specific |
29 | treatment, service, or product for which approval is requested and submitted to proper claim |
30 | processing unit. |
31 | (b) Utilization review agent procedural requirements: |
32 | (1) All initial, prospective, and concurrent non-administrative, adverse benefit |
33 | determinations of a healthcare service that had been ordered by a physician, dentist, or other |
34 | practitioner shall be made, documented, and signed by a licensed practitioner with the same |
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1 | licensure status as the ordering provider; |
2 | (2) Utilization review agents are not prohibited from allowing appropriately qualified |
3 | review agency staff from engaging to engage in discussions with the attending provider, the |
4 | attending provider’s designee or appropriate healthcare facility and office personnel regarding |
5 | alternative service and/or treatment options. Such a discussion shall not constitute an adverse |
6 | benefit determination; provided, however, that any change to the attending provider’s original order |
7 | and/or any decision for an alternative level of care must be made and/or appropriately consented to |
8 | by the attending provider or the provider’s designee responsible for treating the beneficiary and |
9 | must be documented by the review agent; and |
10 | (3) A utilization review agent shall not retrospectively deny authorization for healthcare |
11 | services provided to a covered person when an authorization has been obtained for that service |
12 | from the review agent unless the approval was based upon inaccurate information material to the |
13 | review or the healthcare services were not provided consistent with the provider’s submitted plan |
14 | of care and/or any restrictions included in the prior approval granted by the review agent. |
15 | SECTION 18. Sections 42-7.2-20.4 and 42-7.2-20.8 of the General Laws in Chapter 42- |
16 | 7.2 entitled "Office of Health and Human Services" are hereby amended to read as follows: |
17 | 42-7.2-20.4. Contributions to be held in trust. |
18 | (a) Funds contributed to the program shall be held in trust in a special account or accounts |
19 | and shall not be co-mingled with any state funds appropriated by the general assembly for the |
20 | support of or the programs administered by the executive office. |
21 | (b) There shall be separate accounting for each designated beneficiary. |
22 | (c) Any designated beneficiary under such program may, directly or indirectly, direct the |
23 | investment of any contributions to the program (or earnings thereon) no more than the allowable |
24 | limit of 26 U.S.C. § 529A. |
25 | 42-7.2-20.8. Creditors. |
26 | Notwithstanding any provision of the general or public laws to the contrary, money in the |
27 | ABLE program shall be exempt from creditor process and shall not be liable to attachment, |
28 | garnishment, or other process, nor shall it be seized, taken, appropriated or applied by any legal or |
29 | equitable process or operation of law to pay any debt or liability or of any contributor or |
30 | beneficiary; provided, however, that the state of residency of the designated beneficiary of an |
31 | ABLE account shall be a creditor of such account in the event of the death of the designated |
32 | beneficiary. |
33 | SECTION 19. Section 42-11-10 of the General Laws in Chapter 42-11 entitled |
34 | "Department of Administration" is hereby amended to read as follows: |
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1 | 42-11-10. Statewide planning program. |
2 | (a) Findings. The general assembly finds that the people of this state have a fundamental |
3 | interest in the orderly development of the state; the state has a positive interest and demonstrated |
4 | need for establishment of a comprehensive, strategic state planning process and the preparation, |
5 | maintenance, and implementation of plans for the physical, economic, and social development of |
6 | the state; the continued growth and development of the state presents problems that cannot be met |
7 | by the cities and towns individually and that require effective planning by the state; and state and |
8 | local plans and programs must be properly coordinated with the planning requirements and |
9 | programs of the federal government. |
10 | (b) Establishment of statewide planning program. |
11 | (1) A statewide planning program is hereby established to prepare, adopt, and amend |
12 | strategic plans for the physical, economic, and social development of the state and to recommend |
13 | these to the governor, the general assembly, and all others concerned. |
14 | (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all |
15 | departments and agencies of the executive branch unless specifically exempted, shall be conducted |
16 | by or under the supervision of the statewide planning program. The statewide planning program |
17 | shall consist of a state planning council, and the division of planning, which shall be a division |
18 | within the department of administration. |
19 | (c) Strategic planning. Strategic planning includes the following activities: |
20 | (1) Establishing or identifying general goals; |
21 | (2) Refining or detailing these goals and identifying relationships between them; |
22 | (3) Formulating, testing, and selecting policies and standards that will achieve desired |
23 | objectives; |
24 | (4) Preparing long-range or system plans or comprehensive programs that carry out the |
25 | policies and set time schedules, performance measures, and targets; |
26 | (5) Preparing functional, short-range plans or programs that are consistent with established |
27 | or desired goals, objectives, and policies, and with long-range or system plans or comprehensive |
28 | programs where applicable, and that establish measurable, intermediate steps toward their |
29 | accomplishment of the goals, objectives, policies, and/or long-range system plans; |
30 | (6) Monitoring the planning of specific projects and designing of specific programs of short |
31 | duration by the operating departments, other agencies of the executive branch, and political |
32 | subdivisions of the state to ensure that these are consistent with, and carry out the intent of, |
33 | applicable strategic plans; and |
34 | (7) Reviewing the execution of strategic plans, and the results obtained, and making |
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1 | revisions necessary to achieve established goals. |
2 | (d) State guide plan. Components of strategic plans prepared and adopted in accordance |
3 | with this section may be designated as elements of the state guide plan. The state guide plan shall |
4 | be comprised of functional elements or plans dealing with land use; physical development and |
5 | environmental concerns; economic development; housing production; energy supply, including the |
6 | development of renewable energy resources in Rhode Island, and energy access, use, and |
7 | conservation; human services; climate change and resiliency; and other factors necessary to |
8 | accomplish the objective of this section. The state guide plan shall be a means for centralizing, |
9 | integrating, and monitoring long-range goals, policies, plans, and implementation activities related |
10 | thereto. State agencies concerned with specific subject areas, local governments, and the public |
11 | shall participate in the state guide planning process, which shall be closely coordinated with the |
12 | budgeting process. |
13 | (e) Membership of state planning council. The state planning council shall consist of the |
14 | following members: |
15 | (1) The director of the department of administration as chairperson; |
16 | (2) The director, policy office, in the office of the governor, as vice-chairperson; |
17 | (3) The governor, or his or her designee; |
18 | (4) [Deleted by P.L. 2019, ch. 88, art. 4, § 13.] |
19 | (5) The secretary of housing or designee; |
20 | (6) The highest-ranking administrative officer of the division of planning, as secretary; |
21 | (7) The president of the Rhode Island League of Cities and Towns or his or her designee; |
22 | (8) The executive director of the Rhode Island League of Cities and Towns; |
23 | (9) Three (3) chief elected officials of cities and towns appointed by the governor after |
24 | consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a |
25 | community with a population greater than 40,000 persons; one of whom shall be from a community |
26 | with a population of between 20,000 and 40,000 persons; and one of whom shall be from a |
27 | community with a population less than 20,000 persons; |
28 | (10) One representative of a nonprofit community development or housing organization |
29 | appointed by the governor; |
30 | (11) Four (4) public members, appointed by the governor, one of whom shall be an |
31 | employer with fewer than fifty (50) employees; one of whom shall be an employer with greater |
32 | than fifty (50) employees; one of whom shall represent a professional planning or engineering |
33 | organization in Rhode Island; and one of whom shall represent a chamber of commerce or |
34 | economic development organization; |
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1 | (12) Two (2) representatives of private, nonprofit, environmental or environmental justice |
2 | advocacy organizations, both to be appointed by the governor; |
3 | (13) The director of planning and development for the city of Providence; |
4 | (14) The director of the department of transportation; |
5 | (15) The director of the department of environmental management; |
6 | (16) The director of the department of health; |
7 | (17) The chief executive officer of the commerce corporation; |
8 | (18) The commissioner of the Rhode Island office of energy resources; |
9 | (19) The chief executive officer of the Rhode Island public transit authority; |
10 | (20) The executive director of Rhode Island housing; |
11 | (21) The executive director of the coastal resources management council; and |
12 | (22) The director of the Rhode Island emergency management agency. |
13 | (f) Powers and duties of state planning council. The state planning council shall have the |
14 | following powers and duties: |
15 | (1) To adopt strategic plans as defined in this section and the long-range state guide plan, |
16 | and to modify and amend any of these, following the procedures for notification and public hearing |
17 | set forth in § 42-35-3 in accordance with the provisions of chapter 35 of this title, and to |
18 | recommend and encourage implementation of these goals to the general assembly, state and federal |
19 | agencies, and other public and private bodies; approval of strategic plans by the governor; and to |
20 | ensure that strategic plans and the long-range state guide plan are consistent with the findings, |
21 | intent, and goals set forth in § 45-22.2-3, the “Rhode Island comprehensive planning and land use |
22 | regulation act”; |
23 | (2) To coordinate the planning and development activities of all state agencies, in |
24 | accordance with strategic plans prepared and adopted as provided for by this section; |
25 | (3) To review and comment on the proposed annual work program of the statewide |
26 | planning program; |
27 | (4) To adopt rules and standards and issue orders concerning any matters within its |
28 | jurisdiction as established by this section and amendments to it; |
29 | (5) To establish advisory committees and appoint members thereto representing diverse |
30 | interests and viewpoints as required in the state planning process and in the preparation or |
31 | implementation of strategic plans. At minimum, the state planning council shall appoint permanent |
32 | committees: |
33 | (i) A technical committee, comprised of public members from different geographic areas |
34 | of the state representing diverse communities. This committee shall advise the state planning |
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1 | council on issues related to local comprehensive planning and land use. This committee shall also |
2 | advise the state planning council on any other matter referred to it by the council; and |
3 | (ii) An executive committee consisting of major participants of a Rhode Island geographic |
4 | information system with oversight responsibility for its activities; and |
5 | (iii) A transportation advisory committee, made up of diverse representation, including, |
6 | but not limited to, municipal elected and appointed officials; representatives of various |
7 | transportation sectors, departments, and agencies; and other groups and agencies with an interest |
8 | in transportation operations, maintenance, construction, and policy, who shall review |
9 | transportation-related plans and amendments and recommend action to the state planning council; |
10 | (6) To adopt, amend, and maintain, as an element of the state guide plan or as an |
11 | amendment to an existing element of the state guide plan, standards and guidelines for the location |
12 | of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due |
13 | consideration for the location of such resources and facilities in commercial and industrial areas, |
14 | agricultural areas, areas occupied by public and private institutions, and property of the state and |
15 | its agencies and corporations, provided these areas are of sufficient size, and in other areas of the |
16 | state as appropriate; |
17 | (7) To act as the single, statewide metropolitan planning organization for transportation |
18 | planning, and to promulgate all rules and regulations that are necessary thereto; and |
19 | (8) To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating |
20 | applications, approving and issuing grants, and to assist municipalities pursuant to the provisions |
21 | of chapter 11.4 of this title, and any rules or regulations promulgated thereunder. |
22 | (g) Division of statewide planning. |
23 | (1) The division of statewide planning shall be the principal staff agency of the state |
24 | planning council for preparing and/or coordinating strategic plans for the comprehensive |
25 | management of the state’s human, economic, and physical resources. The division of statewide |
26 | planning shall recommend to the state planning council specific guidelines, standards, and |
27 | programs to be adopted to implement strategic planning and the state guide plan and shall undertake |
28 | any other duties established by this section and amendments thereto. |
29 | (2) The division of statewide planning shall maintain records (which shall consist of files |
30 | of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto |
31 | adopted or issued by the state planning council under this section. The records shall be open to the |
32 | public. |
33 | (3) The division of statewide planning shall manage and administer the Rhode Island |
34 | geographic information system of land-related resources, and shall coordinate these efforts with |
| LC002933/SUB A - Page 65 of 126 |
1 | other state departments and agencies, including the university of Rhode Island, which shall provide |
2 | technical support and assistance in the development and maintenance of the system and its |
3 | associated database. |
4 | (4) The division of statewide planning shall coordinate and oversee the provision of |
5 | technical assistance to political subdivisions of the state in preparing and implementing plans to |
6 | accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the |
7 | state guide plan and shall make available to cities and towns data and guidelines that may be used |
8 | in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and |
9 | elements thereby. |
10 | (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4.] |
11 | (i) The division of planning shall be the principal staff agency of the water resources board |
12 | established pursuant to chapter 15 of title 46 (“Water Resources Board”) and the water resources |
13 | board corporate established pursuant to chapter 15.1 of title 46 (“Water Supply Facilities”). |
14 | SECTION 20. Section 42-11-13 of the General Laws in Chapter 42-11 entitled |
15 | "Department of Administration" is hereby amended to read as follows: |
16 | 42-11-13. Rhode Island organ transplant fund. |
17 | (a) There is hereby created the Rhode Island organ transplant fund, hereinafter referred to |
18 | as “the fund”. The general treasurer shall invest and reinvest the same in accordance with § 35-10- |
19 | 2. The department of human services shall administer the organ transplant program. Disbursement |
20 | of funds from the fund shall be made by the general treasurer upon receipt by him or her of properly |
21 | authenticated vouchers from the department of human services. |
22 | (b) The fund shall consist of all revenues received pursuant to § 44-30-2.1 44-30-2.5 and |
23 | gifts, grants, and donations from public and private sources. All revenues credited to the fund shall |
24 | not be subject to expenditure except for the purposes hereinafter stated. |
25 | (c) The fund shall be used to help defray any expenses of human organ transplants incurred |
26 | by Rhode Island residents and their families. For purposes of the fund, family shall be limited to |
27 | the parents or spouse or guardian or next-of-kin of the recipient of the organ transplant. Expenses |
28 | shall be limited to non-reimbursed costs associated with organ transplants including hospital and |
29 | medical care, all drugs prescribed which relate to organ transplant maintenance (disbursement from |
30 | fund for maintenance drugs shall be limited to fifty percent (50%) of average wholesale price or |
31 | fifty percent (50%) of non-reimbursed costs whichever is less), and out-of-state living expenses of |
32 | the family for a period of not more than sixty (60) days at the time of the organ transplant operation. |
33 | (The disbursement from the fund for out-of-state living expenses shall not exceed the per diem rate |
34 | allowed state employees for accommodations and sustenance.) Disbursement from the fund shall |
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1 | not be made until the principal of the fund equals fifteen thousand dollars ($15,000). The general |
2 | treasurer shall publicly announce when the principal of the fund equals fifteen thousand dollars |
3 | ($15,000). Application for the disbursement from the fund shall not be made or accepted until the |
4 | principal of the fund equals fifteen thousand dollars ($15,000). In addition to the foregoing |
5 | allowable disbursements, disbursement for organ transplant recipients may be made from the organ |
6 | transplant fund to meet the recipient’s spend-down requirement for the Rhode Island medical |
7 | assistance program (Medicaid), provided that the recipient’s income does not exceed twelve |
8 | thousand dollars ($12,000) per year, and the funds are repaid by the recipient and deposited in the |
9 | organ transplant fund are repaid by the recipient and deposited in the organ transplant fund |
10 | over the six (6) month Medicaid spend-down period in six (6) equal monthly payments. |
11 | (d) Disbursements from the fund and the fund itself are not entitlement programs. The fund |
12 | shall not incur a deficit. |
13 | (e) The director of the department of human services shall promulgate rules and |
14 | regulations, in accordance with the Administrative Procedures Act, § 42-35-1 et seq., to implement |
15 | the operation of the fund. The director of the department of human services or his or her designee |
16 | shall confer with the general treasurer prior to promulgating rules and regulations. |
17 | (f) This fund shall operate prospectively provided, however, a Rhode Island resident on |
18 | maintenance drugs as set forth in subsection (c) of this section may apply for disbursement after |
19 | the principal of the fund equals fifteen thousand dollars ($15,000). |
20 | SECTION 21. Section 42-12.2-2 of the General Laws in Chapter 42-12.2 entitled |
21 | "Independent Living Services and Centers" is hereby amended to read as follows: |
22 | 42-12.2-2. Definitions. |
23 | As used in this chapter: |
24 | (a)(1) “Center for independent living” means a program of services or a facility which |
25 | offers a combination of independent living services for individuals with significant disabilities or |
26 | groups of individuals with significant disabilities such as, but not limited to: |
27 | (1)(i) Intake counseling to determine the individual with significant disabilities need for |
28 | specific independent living services; |
29 | (2)(ii) Referrals and counseling services with respect to attendant care; |
30 | (3)(iii) Counseling and advocacy services with respect to legal and economic rights and |
31 | benefits; |
32 | (4)(iv) Peer counseling; |
33 | (5)(v) Independent living skills, counseling and training, including training in the |
34 | maintenance of necessary equipment, counseling on therapy needs and programs, and special |
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1 | independent living skill training for individuals who are blind or deaf; |
2 | (6)(vi) Housing and transportation referral and assistance; |
3 | (7)(vii) Surveys, directories, and other activities to identify appropriate housing and |
4 | accessible transportation and other support services; |
5 | (8)(viii) Community group living arrangements; |
6 | (9)(ix) Education and training necessary for living in the community and participating in |
7 | community activities; |
8 | (10)(x) Individual and group social and recreational activities; |
9 | (11)(xi) Other programs and services necessary to provide resources, training, counseling |
10 | services, or other assistance of substantial benefit in promoting the independence, productivity, and |
11 | quality of life for individuals with significant disabilities. |
12 | (b)(2) “Client directed services” means services that are planned and delivered with the |
13 | active involvement of the client (consumer). |
14 | (c)(3) “Consumer” means a person or groups of persons with severe disabilities who are or |
15 | would be capable of independently managing and directing their own lives given the appropriate |
16 | training and resources. |
17 | (d)(4) “Consumer directed organization” means: |
18 | (1)(i) An organization with substantial involvement of consumers on its boards of directors |
19 | and at the staff level; |
20 | (2)(ii) An organization which subscribes rigorously to a policy of client directed services. |
21 | (e)(6) “Nonprofit organization” means an organization incorporated in the state of Rhode |
22 | Island and exempt from federal taxation under the provisions of § 501(c)(3) of the Internal Revenue |
23 | Code, 26 U.S.C. § 501(c)(3). |
24 | (f)(5) “Individual with a significant disability” means an individual with a severe physical |
25 | or mental impairment whose ability to function independently in the family or community or whose |
26 | ability to obtain, maintain, or advance in employment is substantially limited and for whom the |
27 | delivery of independent living services will improve the ability to function, continue functioning, |
28 | or move towards functioning independently in the family or community or to continue in |
29 | employment, respectively. |
30 | SECTION 22. Section 42-12.3-5.1 of the General Laws in Chapter 42-12.3 entitled "Health |
31 | Care for Children and Pregnant Women" is hereby amended to read as follows: |
32 | 42-12.3-5.1. Emergency Care. |
33 | The department of human services shall ensure that managed care organizations providing |
34 | services under this chapter comply with the “prudent lay person layperson” emergency care |
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1 | coverage standard as required by § 1931 (b) of Title XIX of the Social Security Act 42 U.S.C. § |
2 | 1396u-2. |
3 | SECTION 23. Section 42-14.2-9 of the General Laws in Chapter 42-14.2 entitled |
4 | "Department of Business Regulation — Automobile Wrecking and Salvage Yards" is hereby |
5 | amended to read as follows: |
6 | 42-14.2-9. Denial or revoking of licenses. |
7 | The department may deny an application for a license, or suspend or revoke a license after |
8 | it has been granted, or refuse to renew a license for any of the following reasons: |
9 | (1) Proof of unfitness of the applicant or licensee to engage in this business. |
10 | (2) A material misstatement by the applicant or licensee in his application for a license or |
11 | renewal thereof. |
12 | (3) Willful failure of the applicant or licensee to comply with the provisions of this chapter |
13 | or with any rule or regulation promulgated by the board department. |
14 | (4) Proof that the applicant or licensee has willfully defrauded the owner of a motor vehicle. |
15 | SECTION 24. Section 42-14.5-2.1 of the General Laws in Chapter 42-14.5 entitled "The |
16 | Rhode Island Health Care Reform Act of 2004 — Health Insurance Oversight" is hereby amended |
17 | to read as follows: |
18 | 42-14.5-2.1. Definitions. |
19 | As used in this chapter: |
20 | (1) “Accountability standards” means measures including service processes, client and |
21 | population outcomes, practice standard compliance and fiscal integrity of social and human service |
22 | providers on the individual contractual level and service type for all state contacts contracts of the |
23 | state or any subdivision or agency to include, but not limited to, the department of children, youth |
24 | and families (DCYF), the department of behavioral healthcare, developmental disabilities and |
25 | hospitals (BHDDH), the department of human services (DHS), the department of health (DOH), |
26 | and Medicaid. This may include mandatory reporting, consolidated, standardized reporting, audits |
27 | regardless of organizational tax status, and accountability dashboards of aforementioned state |
28 | departments or subdivisions that are regularly shared with the public. |
29 | (2) “Executive Office of Health and Human Services (EOHHS)” means the department |
30 | that serves as “principal agency of the executive branch of state government” (§ 42-7.2-2) |
31 | responsible for managing the departments and offices of: health (RIDOH), human services (DHS), |
32 | healthy aging (OHA), veterans services (VETS), children, youth and families (DCYF), and |
33 | behavioral healthcare, developmental disabilities and hospitals (BHDDH). EOHHS is also |
34 | designated as the single state agency with authority to administer the Medicaid program in Rhode |
| LC002933/SUB A - Page 69 of 126 |
1 | Island. |
2 | (3) “Rate review” means the process of reviewing and reporting of specific trending factors |
3 | that influence the cost of service that informs rate setting. |
4 | (4) “Rate setting” means the process of establishing rates for social and human service |
5 | programs that are based on a thorough rate review process. |
6 | (5) “Social and human service program” means a social, mental health, developmental |
7 | disability, child welfare, juvenile justice, prevention services, habilitative, rehabilitative, substance |
8 | use disorder treatment, residential care, adult or adolescent day services, vocational, employment |
9 | and training, or aging service program or accommodations purchased by the state. |
10 | (6) “Social and human service provider” means a provider of social and human service |
11 | programs pursuant to a contract with the state or any subdivision or agency to include, but not be |
12 | limited to, the department of children, youth and families (DCYF), the department of behavioral |
13 | healthcare, developmental disabilities and hospitals (BHDDH), the department of human services |
14 | (DHS), the department of health (DOH), and Medicaid. |
15 | (7) “State government and the provider network” refers to the contractual relationship |
16 | between a state agency or subdivision of a state agency and private companies the state contracts |
17 | with to provide the network of mandated and discretionary social and human services. |
18 | SECTION 25. Section 42-14.6-3 of the General Laws in Chapter 42-14.6 entitled "Rhode |
19 | Island All-Payer Patient-Centered Medical Home Act" is hereby amended to read as follows: |
20 | 42-14.6-3. Definitions. |
21 | As used in this section chapter, the following terms shall have the following meanings: |
22 | (1) “Commissioner” means the health insurance commissioner. |
23 | (2) “Health insurer” means all entities licensed, or required to be licensed, in this state that |
24 | offer health benefit plans in Rhode Island including, but not limited to, nonprofit hospital service |
25 | corporations and nonprofit medical-service corporations established pursuant to chapters 19 and 20 |
26 | of title 27, and health maintenance organizations established pursuant to chapter 41 of title 27 or as |
27 | defined in chapter 62 of this title, a fraternal benefit society or any other entity subject to state |
28 | insurance regulation that provides medical care on the basis of a periodic premium, paid directly |
29 | or through an association, trust or other intermediary, and issued, renewed, or delivered within or |
30 | without Rhode Island. |
31 | (3) “Health insurance plan” means any individual, general, blanket or group policy of |
32 | health, accident and sickness insurance issued by a health insurer (as herein defined). Health |
33 | Insurance Plan shall not include insurance coverage providing benefits for: |
34 | (i) Hospital confinement indemnity; |
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1 | (ii) Disability income; |
2 | (iii) Accident only; |
3 | (iv) Long-term care; |
4 | (v) Medicare supplement; |
5 | (vi) Limited benefit health; |
6 | (vii) Specified disease indemnity; |
7 | (viii) Sickness or bodily injury or death by accident or both; and |
8 | (ix) Other limited benefit policies. |
9 | (4) “Personal clinician” means a physician, physician assistant, or an advanced practice |
10 | nurse licensed by the department of health. |
11 | (5) “State healthcare program” means medical assistance, RIteCare, and any other health |
12 | insurance program provided through the office of health and human services (OHHS) and its |
13 | component state agencies; state healthcare program does not include any health insurance plan |
14 | provided as a benefit to state employees or retirees. |
15 | (6) “Patient-centered medical home” means a practice that satisfies the characteristics |
16 | described in § 42-14.6-2, and is designated as such by the secretary, or through alternative models |
17 | as provided for in § 42-14.6-7, based on standards recommended by the patient-centered medical |
18 | home collaborative. |
19 | (7) “Patient-centered medical home collaborative” means a community advisory council, |
20 | including, but not limited to, participants in the existing Rhode Island patient-centered medical |
21 | home pilot project, and health insurers, physicians and other clinicians, employers, the state |
22 | healthcare program, relevant state agencies, community health centers, hospitals, other providers, |
23 | patients, and patient advocates which shall provide consultation and recommendations to the |
24 | secretary and the commissioner on all matters relating to proposed regulations, development of |
25 | standards, and development of payment mechanisms. |
26 | (8) “Secretary” means the secretary of the executive office of health and human services. |
27 | SECTION 26. Section 42-17.8-2 of the General Laws in Chapter 42-17.8 entitled "The |
28 | Rhode Island Environmental Compliance Incentive Act" is hereby amended to read as follows: |
29 | 42-17.8-2. Definitions. |
30 | As used in this chapter: |
31 | (1) “Administrative penalty” means a monetary penalty that does not exceed the civil |
32 | penalty specified by statute. |
33 | (2) “Department” means the department of environmental management. |
34 | (3) “Director” means the director of the department of environmental management or his |
| LC002933/SUB A - Page 71 of 126 |
1 | or her duly authorized agent. |
2 | (4) “Due diligence” means a regulated entity’s regular, customary and systematic efforts |
3 | to prevent, detect and correct violations by consistently employing practices in its operation that |
4 | ensures protection of the natural environment through the use of an environmental management |
5 | system. |
6 | (5) “Environmental audit” means a systematic, documented, and objective review of a |
7 | regulated entity’s facility operations and occupational practices which affect the regulated entity’s |
8 | compliance with environmental laws. |
9 | (6) “Environmental audit report” means the analysis, conclusions, and recommendations |
10 | made based upon information or data obtained in or testimonial evidence concerning the |
11 | environmental audit. |
12 | (7) “Environmental law” means all federal, state or municipal statutes, rules, regulations, |
13 | permits, licenses or other legal requirements that are administered or enforced by the department, |
14 | and shall also include any judicial or administrative order or consent agreement. |
15 | (8) “Environmental management system” means a systemic and objective mechanism for |
16 | assuring the compliance policies, standards and procedures are being carried out, including |
17 | monitoring and auditing systems reasonably designed to detect and correct violations and periodic |
18 | evaluation of the overall performance of the environmental management system. The |
19 | environmental management system of any business shall include provisions for commitment of the |
20 | management of the business to the environmental management system, to pollution prevention, and |
21 | to the principle of sustainability. An environmental management system shall lead to an exemplary |
22 | record of compliance with environmental laws which shall include, but shall not be limited to: (i) |
23 | evidence that the business has not been found in violation of any environmental law, other than a |
24 | secondary violation as defined in this statute, within the preceding three (3) years; and (ii) has |
25 | complied with the provisions of applicable general statutes, and any orders of the director under |
26 | those statutes, with regard to any secondary violation, as defined in those statutes. An |
27 | environmental management system must also meet the following criteria: |
28 | (A) The system must implement specific policies and procedures for employees and agents |
29 | that explain how to comply with environmental laws; |
30 | (B) The system must identify those persons or positions within the business that are: (I) |
31 | responsible for monitoring/overseeing compliance, (II) authorized to act, to stop violations, achieve |
32 | compliance, and mitigate violations, and (III) responsible to report violations to the business and/or |
33 | regulators; |
34 | (C) The system must lay out a procedure for employees to report violations to the business |
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1 | and/or regulators; |
2 | (D) The system must explain how employees are educated about the system and the |
3 | policies/procedures in it; |
4 | (E) The system must layout a procedure for modifying the system itself to prevent |
5 | reoccurrence of violations. |
6 | (9) “Gravity-based penalties” means that portion of an administrative penalty over and |
7 | above a regulated entity’s direct economic gain from noncompliance with any environmental laws, |
8 | and costs or expenses incurred by the state relating to a regulated entity’s violation of any |
9 | environmental law. |
10 | (10) “Person” means any agency or political subdivision of the state, any state public or |
11 | private corporation or authority, individual, trust, firm, joint stock company, partnership, |
12 | association, or other entity or any group of them or any officer, employee, or agent of them. |
13 | (11) “Regulated entity” means any person including a federal, state or municipal agency or |
14 | facility, regulated under federal or state environmental laws. |
15 | (12) “Secondary violation” means a violation that poses no actual threat or a low potential |
16 | for threat to human health and the environment. |
17 | (13) “Violation” means infraction of or noncompliance with any environmental law |
18 | enforced or administered by the department. |
19 | (i) The system must implement specific policies and procedures for employees and |
20 | agents that explain how to comply with environmental laws; |
21 | (ii) The system must identify those persons or positions within the business that are: |
22 | (A) responsible for monitoring/overseeing compliance, (B) authorized to act to stop violations, |
23 | achieve compliance, and mitigate violations, and (C) responsible to report violations to |
24 | regulators; |
25 | (iii) The system must lay out a procedure for employees to report violations to the |
26 | business and/or regulators; |
27 | (iv) The system must explain how employees are educated about the system and the |
28 | policies/procedures in it; |
29 | (v) The system must layout a procedure for modifying the system itself to prevent |
30 | reoccurrence of violations. |
31 | SECTION 27. Section 42-17.9-4 of the General Laws in Chapter 42-17.9 entitled |
32 | "Preservation of State Open Space" is hereby amended to read as follows: |
33 | 42-17.9-4. Limitation of application. |
34 | The evaluation procedures to be implemented pursuant to §§ 42-17.9-6 and 42-17.9-7 of |
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1 | this chapter shall apply only to properties or portions of properties where the state is the sole |
2 | property owner, or the state through a grant, lease-hold, or other legal instrument has the functional |
3 | equivalent of ownership and the state controls the use of the property. |
4 | SECTION 28. Section 42-20-3 of the General Laws in Chapter 42-20 entitled |
5 | "Administration of State Departments" is hereby amended to read as follows: |
6 | 42-20-3. Powers exercised by heads of departments — Designations of subordinates. |
7 | Whenever certain powers or duties are conferred or imposed by existing law upon an |
8 | official or employee of the state having a definite title, those powers and duties shall be exercised |
9 | and performed by the director or other head of a department or by the independent agency, his or |
10 | her or its assistants, to which the department or agency those powers and duties are by this title |
11 | transferred. The head of any department may, with the approval of the governor, designate the |
12 | official titles or designations of subordinate officers or employees to be used by them in the official |
13 | business of the state whenever the necessity thereof may require, and they shall be so entitled and |
14 | described in all official functions, duties, or business. |
15 | SECTION 29. Section 42-28.6-14 of the General Laws in Chapter 42-28.6 entitled "Law |
16 | Enforcement Officers' Due Process, Accountability, and Transparency Act" is hereby amended to |
17 | read as follows: |
18 | 42-28.6-14. Retaliation for exercising rights. |
19 | (a) No law enforcement officer shall be discharged, demoted, disciplined, or denied |
20 | promotion, transfer or reassignment, or otherwise discriminated against in regard to his or her |
21 | employment or be threatened with any such treatment, by reason of his or her exercise of or demand |
22 | for rights granted in this subtitle chapter, or by reason of the lawful exercise of his or her |
23 | constitutional rights. |
24 | (b) Any law enforcement officer who is denied any right afforded by this subtitle chapter |
25 | may apply, either individually or through his or her certified or recognized employee organization, |
26 | to the superior court where he or she resides or is regularly employed for any order directing the |
27 | law enforcement agency to show cause why the right should not be afforded. |
28 | SECTION 30. Section 42-30.1-2 of the General Laws in Chapter 42-30.1 entitled "Uniform |
29 | Law on Notarial Acts" is hereby amended to read as follows: |
30 | 42-30.1-2. Definitions. |
31 | For purposes of this chapter, the following definitions apply: |
32 | (1) “Acknowledgment” means a declaration by an individual before a notarial officer that |
33 | the individual has signed a record for the purpose stated in the record and, if the record is signed in |
34 | a representative capacity, that the individual signed the record with proper authority and signed it |
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1 | as the act of the individual or entity identified in the record. |
2 | (2) “Commissioning agency” means the Rhode Island office of the secretary of state. |
3 | (3) “Commissioning officer” means the governor of the state of Rhode Island. |
4 | (4) “Communication technology” means an electronic device or process that: |
5 | (i) Allows simultaneous communication by sight and sound between a notary public and a |
6 | remotely located individual; and |
7 | (ii) When necessary and consistent with other applicable law, facilitates communication |
8 | with a remotely located individual who has a vision, hearing, or speech impairment by providing |
9 | reasonable accommodations. |
10 | (5) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, |
11 | optical, electromagnetic, or similar capabilities. |
12 | (6) “Electronic signature” means an electronic symbol, sound, or process attached to, or |
13 | logically associated with, a record and executed or adopted by an individual with the intent to sign |
14 | the record. |
15 | (7) “Foreign state” means a jurisdiction other than the United States, a state, territory, or a |
16 | federally recognized Indian tribe. |
17 | (8) “Identity proofing” means a process or service by which a third person provides a notary |
18 | public with a means to verify the identity of a remotely located individual by a review of personal |
19 | information from public or private data sources. |
20 | (9) “In a representative capacity” means acting as: |
21 | (i) An authorized officer, agent, partner, trustee, or other representative for a person other |
22 | than an individual; |
23 | (ii) A public officer, personal representative, guardian, or other representative, in the |
24 | capacity stated in a record; |
25 | (iii) An agent or attorney-in-fact for a principal; or |
26 | (iv) An authorized representative of another in any other capacity. |
27 | (10) “Notarial act” means an act, whether performed with respect to a tangible or electronic |
28 | record, that a notarial officer may perform under the law of this state. The term includes taking an |
29 | acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, |
30 | witnessing or attesting a signature, certifying or attesting a copy, noting a protest of a negotiable |
31 | instrument and transact transacting, do doing and finish finishing all matters and things relating |
32 | to protests and protesting bills of exchange and promissory notes, and all other matters within their |
33 | office required by law, take taking depositions as prescribed by law, and acknowledgments of |
34 | deeds and other instruments. |
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1 | (11) “Notarial officer” means a notary public or other individual authorized to perform a |
2 | notarial act. |
3 | (12) “Notary public” means an individual commissioned to perform a notarial act by the |
4 | commissioning officer. |
5 | (13) “Official stamp” means a physical image affixed to a tangible record or an electronic |
6 | image attached to, or logically associated with, an electronic record. |
7 | (14) “Outside the United States” means a location outside the geographic boundaries of the |
8 | United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, |
9 | or other location subject to the jurisdiction of the United States. |
10 | (15) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, |
11 | partnership, limited-liability company, association, joint venture, public corporation, government |
12 | or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. |
13 | (16) “Record” means information that is inscribed on a tangible medium or that is stored |
14 | in an electronic or other medium and is retrievable in perceivable form. |
15 | (17) “Remotely located individual” means an individual who is not in the physical presence |
16 | of the notary public who performs a notarial act pursuant to § 42-30.1-12.1. |
17 | (18) “Sign” means, with present intent to authenticate or adopt a record: |
18 | (i) To execute or adopt a tangible symbol; or |
19 | (ii) To attach to, or logically associate with, the record an electronic symbol, sound, or |
20 | process. |
21 | (19) “Signature” means a tangible symbol or an electronic signature that evidences the |
22 | signing of a record. |
23 | (20) “Stamping device” means: |
24 | (i) A physical device capable of affixing an official stamp upon a tangible record; or |
25 | (ii) An electronic device or process capable of attaching to, or logically associating an |
26 | official stamp with, an electronic record. |
27 | (21) “State” means a state of the United States of America, the District of Columbia, Puerto |
28 | Rico, the United States Virgin Islands, or any territory or insular possession subject to the |
29 | jurisdiction of the United States. |
30 | (22) “Verification on oath or affirmation” means a declaration that a statement in a record |
31 | is true, made by an individual under oath or by affirmation before a notarial officer. |
32 | SECTION 31. Sections 42-35-2.7, 42-35-2.9 and 42-35-3.2 of the General Laws in Chapter |
33 | 42-35 entitled "Administrative Procedures" are hereby amended to read as follows: |
34 | 42-35-2.7. Notice of proposed rulemaking. |
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1 | (a) At least thirty (30) days before the filing of a final rule with the secretary of state, an |
2 | agency shall publish the notice of the proposed rulemaking on the agency’s website. The agency |
3 | shall file notice of the proposed rulemaking with the secretary of state, in accordance with |
4 | procedures established by the secretary of state, for publication in the state register and for |
5 | electronic notification to interested parties pursuant to subsection (c). The notice shall be mailed |
6 | by the agency to all persons who have made timely request of the agency for notice of its |
7 | rulemaking proceedings, and published in a newspaper or newspapers having aggregate general |
8 | circulation throughout the state; provided, however, that if the action is limited in its applicability |
9 | to a particular area, then the publication may be in a newspaper having general circulation in the |
10 | area. In lieu of newspaper publication, advance notice of proposed rulemaking by all agencies may |
11 | be posted via electronic media on a website maintained by the office of secretary of state. Copies |
12 | of proposed rules shall be available at the agency at the time of the notice required by this |
13 | subsection, and by mail to any member of the public upon request. |
14 | (b) The notice shall include: |
15 | (1) A short explanation of the purpose of the proposed rule; |
16 | (2) A citation or reference to the specific, legal authority authorizing the proposed rule; |
17 | (3) The text of the proposed rule; |
18 | (4) How a copy of the full text of any regulatory analysis of the proposed rule may be |
19 | obtained; |
20 | (5) Where, when, and how a person may comment on the proposed rule and request a |
21 | hearing, including the beginning and end dates of the public-comment period; |
22 | (6) The date of the filing of the notice of the proposed rulemaking with the secretary of |
23 | state; |
24 | (7) A citation to each scientific or statistical study, report, or analysis that served as a basis |
25 | for the proposed rule, together with an indication of how the full text of the study, report, or analysis |
26 | may be obtained; |
27 | (8) Any proposed additions, deletions, or other amendments to the rules and regulations. |
28 | New proposed language must be clearly marked using underline formatting for proposed insertions, |
29 | and strikethrough formatting for proposed deletions. If an agency proposes a new rule which will |
30 | supersede an existing rule, the agency shall make available a summary of all non-technical |
31 | differences between the existing and proposed rules. An agency’s lawful promulgation of |
32 | amendments to an existing rule shall be deemed to supersede and repeal the previous enactments |
33 | of that rule, provided that the public notice required under subdivision (a)(1) indicated such an |
34 | intent; and |
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1 | (9) Any regulatory analysis prepared under § 42-35-2.9. |
2 | (c) The secretary of state shall establish a process to provide timely notification via |
3 | electronic mail to any person that requests information concerning agency notices of proposed |
4 | rulemaking. Requests under this section may be submitted to the secretary of state’s office through |
5 | its website. |
6 | 42-35-2.9. Regulatory analysis. |
7 | (a) An agency shall prepare a regulatory analysis for a proposed rule. The analysis must be |
8 | completed before notice of the proposed rulemaking is published. The summary of the analysis |
9 | prepared under subsection (c) must be published with the notice of proposed rulemaking. |
10 | (b) A regulatory analysis must contain: |
11 | (1) An analysis of the benefits and costs of a reasonable range of regulatory alternatives |
12 | reflecting the scope of discretion provided by the statute authorizing the proposed rule; |
13 | (2) Demonstration that there is no alternative approach among the alternatives considered |
14 | during the rulemaking proceeding which would be as effective and less burdensome to affected |
15 | private persons as another regulation. This standard requires that an agency proposing to write any |
16 | new regulation must identify any other state regulation which is overlapped or duplicated by the |
17 | proposed regulation and justify any overlap or duplication; and |
18 | (3) A determination whether: |
19 | (i) The benefits of the proposed rule justify the costs of the proposed rule; and |
20 | (ii) The proposed rule will achieve the objectives of the authorizing statute in a more cost- |
21 | effective manner, or with greater net benefits, than other regulatory alternatives. |
22 | (c)(iii) An agency preparing a regulatory analysis under this section shall prepare a concise |
23 | summary of the analysis. |
24 | (d)(iv) If an agency has made a good-faith effort to comply with this section, a rule is not |
25 | invalid solely if there are errors or paucity of data in the regulatory analysis for the proposed rule. |
26 | 42-35-3.2. Incorporation by reference. |
27 | (a) An agency may incorporate the following by reference in its rules without publishing |
28 | the incorporated material in full: |
29 | (1) Federal rules, codes, or standards published in full in the Federal Register or the Code |
30 | of Federal Regulations; |
31 | (2) Federal rules, codes, or standards that have been properly incorporated by reference in |
32 | the Federal Register as part of a duly promulgated final rule or in the Code of Federal Regulations |
33 | pursuant to federal legal requirements; |
34 | (3) Published codes, standards or guidelines of any nationally recognized scientific or |
| LC002933/SUB A - Page 78 of 126 |
1 | technical association or organization. |
2 | (b) For the purposes of subdivision (a)(3) of this section, “nationally recognized scientific |
3 | or technical association or organization” means an association or organization that is regularly in |
4 | the business of developing scientific or technical standards or guidelines, is recognized by those in |
5 | the relevant professional community as having a high degree of expertise and competence in its |
6 | field, and whose publications are widely distributed and easily available throughout the nation and |
7 | the state of Rhode Island. |
8 | (c) An agency may incorporate by reference the material set forth in subsection (a) of this |
9 | section only if the issuing agency, organization, or association makes copies of the material |
10 | available to the public. An agency may not incorporate any material by reference unless the material |
11 | has been properly identified in the notice of proposed rule-making pursuant to § 42-35-3 42-35- |
12 | 2.7. |
13 | (d) The reference to any incorporated material shall identify the incorporated material by |
14 | appropriate agency, organization, or association and by date, title, or citation. The reference shall |
15 | also state that the rule does not include later amendments to or editions of the incorporated material. |
16 | (e) If an agency proposes to incorporate any material by reference in a state rule, the agency |
17 | shall maintain a copy of the material and shall allow public inspection of the material and provide |
18 | copies of any non-copyrighted material to the public at cost upon request beginning no late than |
19 | the date of publication of the notice of proposed rule-making. If any material to be incorporated by |
20 | reference has been copyrighted, the agency shall upon request provide information about the |
21 | publisher and the citation to the material. |
22 | SECTION 32. Section 42-35.1-3 of the General Laws in Chapter 42-35.1 entitled "Small |
23 | Business Regulatory Fairness in Administrative Procedures" is hereby amended to read as follows: |
24 | 42-35.1-3. Economic impact statements. |
25 | (a) Prior to the adoption of any proposed regulation that may have an adverse impact on |
26 | small businesses, with the exception of emergency regulations adopted in accordance with § 42- |
27 | 35-3(b) 42-35-2.10 and excluding those businesses defined in subsection (c) of this section, each |
28 | agency shall prepare and submit, in conjunction with assistance and oversight from the office of |
29 | regulatory reform, the proposed regulations to both the governor’s office and the office of |
30 | regulatory reform at least fifteen (15) days in advance of the commencement of the formal |
31 | rulemaking process, and in congruence with the analysis required in subsection (b) of this section, |
32 | an economic impact statement that includes the following: |
33 | (1) An identification and estimate of the number of the small businesses subject to the |
34 | proposed regulation; |
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1 | (2) The projected reporting, recordkeeping, and other administrative costs required for |
2 | compliance with the proposed regulation, including the type of professional skills necessary for |
3 | preparation of the report or record; |
4 | (3) A statement of the effect or probable effect on impacted small businesses; |
5 | (4) A description of any less intrusive or less costly alternative methods of achieving the |
6 | purpose of the proposed regulation. |
7 | (b) The economic impact statement required herein shall be published in guide form as |
8 | well as posted on the department of administration and the office of management and budget |
9 | websites. The guide should be published and/or posted on or around the same date as the regulation |
10 | change and shall include a description of actions needed by the small business to meet the |
11 | requirement of the regulation. The office of regulatory reform shall develop criteria for the |
12 | economic impact statement. |
13 | (c) The following professional and business activities, extensively regulated pursuant to |
14 | state and federal law and subject to significant capital requirements and other regulatory standards, |
15 | shall be excluded from this section: |
16 | (1) All public utilities, as defined in § 39-1-2, whose rates are subject to approval by the |
17 | public utilities commission; and |
18 | (2) All regulated institutions as defined in § 19-1-1(10); broker dealers as defined in § 7- |
19 | 11-101(1); and insurance companies chartered or licensed pursuant to chapters 1 and 2 of title 27. |
20 | SECTION 33. Section 42-37-1 of the General Laws in Chapter 42-37 entitled "New |
21 | England State Police Compact" is hereby amended to read as follows: |
22 | 42-37-1. New England State Police Compact. |
23 | The New England State Police Compact is hereby entered into and enacted into law with |
24 | any and all of the states legally joining therein in the form substantially as follows: |
25 | NEW ENGLAND STATE POLICE COMPACT |
26 | ARTICLE I — PURPOSES |
27 | The purposes of this compact are to: |
28 | (1) Provide close and effective cooperation and assistance in detecting and apprehending |
29 | those engaged in organized criminal activities; |
30 | (2) Establish and maintain a central criminal intelligence bureau to gather, evaluate and |
31 | disseminate to the appropriate law enforcement officers of the party states information concerning |
32 | organized crime, its leaders and their associates; |
33 | (3) Provide mutual aid and assistance in the event of police emergencies, and to provide |
34 | for the powers, duties, rights, privileges and immunities of police personnel when rendering such |
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1 | aid. |
2 | ARTICLE II — ENTRY INTO FORCE AND WITHDRAWAL |
3 | (a) This compact shall enter into force when enacted into law by any three (3) of the states |
4 | of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter, |
5 | this compact shall become effective as to any other of the aforementioned states upon its enactment |
6 | thereof. |
7 | (b) Any party state may withdraw from this compact by enacting a statute repealing the |
8 | same, but no such withdrawal shall take effect until one year after the governor of the withdrawing |
9 | state has given notice in writing of the withdrawal to the governors of all other party states. No |
10 | withdrawal shall effect any liability already incurred by or chargeable to a party state prior to the |
11 | time of such withdrawal, and any records, files, or information obtained by officers or employees |
12 | of a withdrawing state shall continue to be kept, used, and disposed of only in such manner as is |
13 | consistent with this compact and any rules or regulations pursuant thereto. |
14 | ARTICLE III — THE CONFERENCE |
15 | (a) There is hereby established the “New England State Police Administrators’ |
16 | Conference,” hereinafter called the “Conference,” to be composed of the administrative head of the |
17 | state police department of each party state. |
18 | (b) If authorized by the laws of his or her party state, the administrative head of the state |
19 | police department of a party state may provide for the discharge of his or her duties and the |
20 | performance of his or her functions on the conference, for periods none of which shall exceed |
21 | fifteen (15) days, by an alternate. No such alternate shall be entitled to serve unless notification of |
22 | his or her identity and appointment shall have been given to the conference in such form as the |
23 | conference may require. |
24 | (c) An alternate serving pursuant to subdivision (b) of this article shall be selected only |
25 | from among the officers and employees of the state police department, the head of which such |
26 | alternate is to represent. |
27 | (d) The members of the conference shall be entitled to one vote each. No action of the |
28 | conference shall be binding unless taken at a meeting at which a majority of the total number of |
29 | votes on the conference are cast in favor thereof. Action of the conference shall be only at a meeting |
30 | at which a majority of the members of the conference, or their alternates, are present. |
31 | (e) The conference shall have a seal. |
32 | (f) The conference shall elect annually, from among its members, a chairperson, (who shall |
33 | not be eligible to succeed himself or herself) a vice chairperson, and a treasurer. The conference |
34 | shall appoint an executive secretary and fix his or her duties and compensation. Such executive |
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1 | secretary shall serve at the pleasure of the conference, and together with the treasurer shall be |
2 | bonded in such amount as the conference shall determine. The executive secretary also shall serve |
3 | as general secretary of the conference. |
4 | (g) Irrespective of the civil service, personnel or other merit system laws of any of the party |
5 | states, the executive secretary subject to the direction of the conference, shall appoint, remove or |
6 | discharge such personnel as may be necessary for the performance of the conference functions, and |
7 | shall fix the duties and compensation of such personnel. |
8 | (h) The conference may establish and maintain independently or in conjunction with any |
9 | one or more of the party states, a suitable retirement system for its full-time employees. Employees |
10 | of the conference shall be eligible for social security coverage in respect of old age and survivor’s |
11 | insurance provided that the conference takes such steps as may be necessary pursuant to the laws |
12 | of the United States, to participate in such program of insurance as a governmental agency or unit. |
13 | The conference may establish and maintain or participate in such additional programs of employee |
14 | benefits as may be appropriate. Employment by the conference of a retired officer or employee of |
15 | a party state shall not affect the pension or other retirement-connected benefits paid to such officer |
16 | or employee by a party state. |
17 | (i) The conference may borrow, accept or contract for the services of personnel from any |
18 | party state, the United States, or any subdivision or agency of the aforementioned governments, or |
19 | from any agency of two (2) or more of the party states or their subdivisions. |
20 | (j) The conference may accept for any of its purposes and functions under this compact any |
21 | and all donations, grants of money, equipment, supplies, materials, and services, conditional or |
22 | otherwise, from any state, the United States, or any other governmental agency, or from any person, |
23 | firm or corporation, and may receive, utilize and dispose of the same. The conference shall publish |
24 | in its annual report the terms, conditions, character, and amount of any resources accepted by it |
25 | pursuant hereto together with the identity of the donor. |
26 | (k) The conference may establish and maintain such facilities as may be necessary for the |
27 | transacting of its business. The conference may acquire, hold, and convey real and personal |
28 | property and any interest therein. |
29 | (l) The conference shall adopt bylaws for the conduct of its business and shall have the |
30 | power to amend and rescind these bylaws. The conference shall publish its bylaws in convenient |
31 | form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency |
32 | or officer in each of the party states. The bylaws shall provide for appropriate notice to the |
33 | conference members of all conference meetings. |
34 | (m) The conference annually shall make to the governor and legislature of each party state |
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1 | a report covering the activities of the conference for the preceding year, and embodying such |
2 | recommendations as may have been issued by the conference. The conference may make such |
3 | additional reports as it may deem desirable. |
4 | ARTICLE IV — CONFERENCE POWERS |
5 | The conference shall have power to: |
6 | (1) Establish and operate a New England Criminal Intelligence Bureau, hereinafter called |
7 | “the Bureau,” in which shall be received, assembled and kept case histories, records, data, personal |
8 | dossiers, and other information concerning persons engaged or otherwise associated with organized |
9 | crime. |
10 | (2) Consider and recommend means of identifying leaders and emerging leaders of |
11 | organized crime and their associates. |
12 | (3) Facilitate mutual assistance among the state police of the party states pursuant to article |
13 | VII of this compact. |
14 | (4) Formulate procedures for claims and reimbursements, pursuant to article VII of this |
15 | compact. |
16 | (5) Promote cooperation in law enforcement and make recommendations to the party states |
17 | and other appropriate law enforcement authorities for the improvement of such cooperation. |
18 | (6) Do all things which may be necessary and incidental to the exercise of the foregoing |
19 | powers. |
20 | ARTICLE V — DISPOSITION OF RECORDS AND INFORMATION |
21 | The bureau established and operated pursuant to article IV(a) IV(1) of this compact is |
22 | hereby designated and recognized as the instrument for the performance of a central criminal |
23 | intelligence service to the state police departments of the party states. The files, records, data and |
24 | other information of the bureau and, when made pursuant to the bylaws of the conference, any |
25 | copies thereof shall be available only to duly designated officers and employees of the state police |
26 | departments of the party states acting within the scope of their official duty. In the possession of |
27 | the aforesaid officers and employees, such records, data, and other information shall be subject to |
28 | use and disposition in the same manner and pursuant to the same laws, rules and regulations |
29 | applicable to similar records, data, and information of the officer’s or employee’s agency and the |
30 | provision of this compact. |
31 | ARTICLE VI — ADDITIONAL MEETINGS AND SERVICES |
32 | The members of the conference from any two (2) or more party states, upon notice to the |
33 | chairperson as to the time and purpose of the meeting, may meet as a section for the discussion of |
34 | problems common to their states. Any two (2) or more party states may designate the conference |
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1 | as a joint agency to maintain “for them” such additional common services as they may deem |
2 | desirable for combating organized crime. Except in those cases where all party states join in such |
3 | designation for common services, the representative of any group of such designating states in the |
4 | conference shall constitute a separate section of such conference for the performance of the |
5 | common service or services so designated provided that, if any additional expense is involved, the |
6 | state so acting shall provide the necessary funds for this purpose. The creation of such a section or |
7 | joint agency shall not affect the privileges, powers, responsibilities or duties of the states |
8 | participating therein as embodied in the other articles of this compact. |
9 | ARTICLE VII — MUTUAL AID |
10 | (a) As used in this article: |
11 | (1) “Emergency” means an occurrence or condition, temporary in nature, in which the state |
12 | police department of a party state is, or may reasonably be expected to be, unable to cope with |
13 | substantial and imminent danger to the public safety, and in which the cooperation of or aid from |
14 | local police forces within the state is, or may reasonably be expected to be insufficient. Also |
15 | “emergency” shall mean a situation in which an investigation of an aspect of organized crime, or |
16 | events connected with organized crime, require augmentation, for a limited time, of the |
17 | investigative personnel of the state police department from without the state. |
18 | (2) “Requesting state” means the state whose state police department requests assistance |
19 | in coping with an emergency. |
20 | (3) “Responding state” means the state furnishing aid, or requested to furnish aid, pursuant |
21 | to this article. |
22 | (b) In case of emergency, upon the request of the administrative head of the state police |
23 | department of a party state, the administrative head of the state police department of each |
24 | responding state, shall order such part of his or her state police forces as he or she, in his or her |
25 | discretion, may find necessary, to aid the state police forces of the requesting state in order to carry |
26 | out the purposes set forth in this compact. In such case, it shall be the duty of the administrative |
27 | head of the state police department of each responding state to issue the necessary orders for such |
28 | use of state police forces of his or her state without the borders of his or her state, and to direct such |
29 | forces to place themselves under the operational control of the administrative head of the state |
30 | police department of the requesting state. |
31 | (c) The administrative head of the state police department of any party state, in his or her |
32 | discretion, may withhold or recall the police forces of his or her state or any part or any member |
33 | thereof, serving without its borders. |
34 | (d) Whenever any of the state police forces of any party state are engaged outside their own |
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1 | state in carrying out the purposes of this compact, the individual members so engaged shall have |
2 | the same powers, duties, rights, privileges and immunities as members of the state police |
3 | department of the state in which they are engaged, but in any event, a requesting state shall save |
4 | harmless any members of a responding state police department serving within its borders for any |
5 | act or acts done by him or her in the performance of his or her duty while engaged in carrying out |
6 | the purposes of this compact. |
7 | (e) All liability that may arise under the laws of the requesting state or under the laws of |
8 | the responding state or under the laws of a third state on account of or in connection with a request |
9 | for aid, shall be assumed and borne by the requesting state. |
10 | (f) Any responding state rendering aid pursuant to this compact shall be reimbursed by the |
11 | requesting state for any loss or damage to, or expense incurred in the operation of any equipment |
12 | answering a request for aid, and for the cost of the materials, transportation and maintenance of |
13 | state police personnel and equipment incurred in connection with such request: provided, that |
14 | nothing herein contained shall prevent any responding state from assuming such loss, damage, |
15 | expense or other cost. |
16 | (g) Each party state shall provide, in the same amounts and manner as if they were on duty |
17 | within their state, for the pay and allowances of the personnel of its state police department while |
18 | engaged without the state pursuant to this compact and while going to and returning from such duty |
19 | pursuant to this compact. |
20 | (h) Each party state providing for the payment of compensation and death benefits to |
21 | injured members and the representatives of deceased members of its state police department in case |
22 | such members sustain injuries or are killed within their own state, shall provide for the payment of |
23 | compensation and death benefits in the same manner and on the same terms in case such members |
24 | sustain injury or are killed while rendering aid pursuant to this compact. |
25 | ARTICLE VIII — FINANCE |
26 | (a) The conference shall submit to the governor or designated officer or officers of each |
27 | party state a budget of its estimated expenditures for such period as may be required by the laws of |
28 | that party state for presentation to the legislature thereof. |
29 | (b) Each of the conference’s budgets of estimated expenditures shall contain specific |
30 | recommendations of the amount or amounts to be appropriated by each of the party states. The total |
31 | amount of appropriations under any such budget shall be apportioned among the party states as |
32 | follows: one-third (1/3) in equal shares; one-third (1/3) divided among the party states in the |
33 | proportions that their populations bear to the total population of all the party states; and one-third |
34 | (1/3) divided among the party states in the proportions that the major crimes committed in each party |
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1 | state bear to the total number of major crimes committed in all the party states. In determining |
2 | population pursuant to this paragraph, the most recent decennial census compiled by the United |
3 | States government shall be used. Numbers of major crimes shall be as reported in the most recent |
4 | annual “Uniform Crime Report” compiled by the Federal Bureau of Investigation of the United |
5 | States Department of Justice, or by any agency which may assume responsibility for such |
6 | compilation in the place of such bureau. In the event that any source of information required to be |
7 | used for the purpose of this paragraph shall be discontinued, the conference shall make its |
8 | calculations on the basis of the best alternative sources of information and shall identify the sources |
9 | used. |
10 | (c) The conference shall not pledge the credit of any party state. The conference may meet |
11 | any of its obligations in whole or in part with funds available to it under article III (j) of this |
12 | compact, provided that the conference takes specific action setting aside such funds prior to |
13 | incurring any obligation to be met in whole or in part in such manner. Except where the conference |
14 | makes use of funds available to it under article III (j) hereof, the conference shall not incur any |
15 | obligation prior to the allotment of funds by the party states adequate to meet the same. |
16 | (d) The conference shall keep accurate accounts of all receipts and disbursements. The |
17 | receipts and disbursements of the conference shall be subject to the audit and accounting procedures |
18 | established under its rules. However, all receipts and disbursements of funds handled by the |
19 | conference shall be audited yearly by a qualified, public accountant and the report of the audit shall |
20 | be included in and become part of the annual report of the conference. |
21 | (e) The accounts of the conference shall be open at any reasonable time for inspection by |
22 | duly constituted officers of the party states and any persons authorized by the conference. |
23 | (f) Nothing contained herein shall be construed to prevent conference compliance with |
24 | laws relating to audit or inspection of accounts by or on behalf of any government contributing to |
25 | the support of the conference. |
26 | ARTICLE IX — CONSTRUCTION AND SEVERABILITY |
27 | This compact shall be liberally construed so as to effectuate the purposes thereof. The |
28 | provisions of this compact shall be severable and if any phrase, clause, sentence or provision of |
29 | this compact is declared to be contrary to the constitution of any state or of the United States or the |
30 | applicability thereof to any government, agency, person or circumstance is held invalid, validity of |
31 | the remainder of this compact and the applicability thereof to any government, agency, person or |
32 | circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution |
33 | of any state participating herein, the compact shall remain in full force and effect as to the remaining |
34 | party states and in full force and effect as to the state affected as to all severable matters. |
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1 | SECTION 34. Section 42-41-9 of the General Laws in Chapter 42-41 entitled "Budgeting, |
2 | Appropriation and Receipt of Federal Monies" is hereby amended to read as follows: |
3 | 42-41-9. Grant audit revenue. |
4 | (a) The auditor general may enter into agreements or contracts with the federal government |
5 | or its agencies, or with state departments, agencies, commissions, and state created authorities, |
6 | acting in behalf thereof for the purpose of conducting financial and compliance audits of programs |
7 | funded in whole or in part by the federal government and carried out by agencies of the state. |
8 | (b) These audits shall be undertaken only after related contracts or agreements between the |
9 | parties have been filed with the joint committee on legislative affairs. |
10 | (c) The costs of the audits, including, but not limited to, salaries and operating expenses, |
11 | shall be charged at rates to be established jointly by the auditor general and the director of |
12 | administration, and shall not exceed the amount of funds available for this purpose. The auditor |
13 | general shall document the hours expended on those audits on a biweekly basis, and the |
14 | documentation shall be the basis for expenditures from the account maintained by the general |
15 | treasurer under § 42-41-5(b) 42-41-8(c). The state controller is hereby authorized and directed to |
16 | draw his or her orders upon the general treasurer for the payment of such charges, or so much |
17 | thereof as may be required from time to time, upon receipt by him or her of proper vouchers duly |
18 | authenticated. |
19 | (d) The auditor general shall expend such funds as received without additional |
20 | appropriation for the purpose of conducting, or causing to be conducted, audits of federal assistance |
21 | grants. The term of employment of any individual hired by the office of the auditor general under |
22 | the provisions of this section shall be expressly limited in duration by the availability of federal |
23 | funds and shall expire on the date of expiration of the federal funds. |
24 | ARTICLE II –STATUTORY CONSTRUCTION |
25 | SECTION 1. Section 5-39.3-15 of the General Laws in Chapter 5-39.3 entitled |
26 | "Counseling Compact" is hereby amended to read as follows: |
27 | 5-39.3-15. Binding effect of compact and other laws. |
28 | (a) A licensee providing professional counseling services in a remote state under the |
29 | privilege to practice shall adhere to the laws and regulations, including scope of practice, of the |
30 | remote state. |
31 | (b) Nothing herein prevents the enforcement of any other law of a member state that is not |
32 | inconsistent with the compact. |
33 | (c) Any laws in a member state in conflict with the compact are superseded to the extent |
34 | of the conflict. |
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1 | (d) Any lawful actions of the commission, including all rules and bylaws properly |
2 | promulgated by the commission, are binding upon the member states. |
3 | (e) All permissible agreements between the commission and the member states are binding |
4 | in accordance with their terms. |
5 | (f) In the event any provision of the compact exceeds the constitutional limits imposed on |
6 | the legislature of any member state, the provision shall be ineffective to the extent of the conflict |
7 | with the constitutional provision in question in that member state. The compact also provides for |
8 | the establishment of a commission which may promulgate rules, hire employees, purchase |
9 | real estate and fix their composition among other powers. The commission may levy on and |
10 | collect an annual assessment from each member state. The aggregate annual assessment |
11 | amount shall be allocated based upon a formula to be determined by the commission, which |
12 | shall promulgate a rule binding upon all member states. By majority vote, the commission |
13 | may initiate legal action in the United States District Court for the District of Columbia or |
14 | the federal district court where the commission has its principal office against a member state |
15 | in default to enforce compliance with the provisions of the compact and its promulgated rules |
16 | and by laws. |
17 | SECTION 2. Section 5-95-5 of the General Laws in Chapter 5-95 entitled "Licensing of |
18 | Massage Therapists" is hereby amended to read as follows: |
19 | 5-95-5. Special provisions. |
20 | Nothing contained in this chapter shall prohibit: |
21 | (1) A person who is otherwise licensed, certified, or registered in accordance with the |
22 | general laws of Rhode Island, from performing services within their authorized scope of practice |
23 | and who does not hold themself out to be a massage therapist or practicing massage therapy. |
24 | (2) A nonresident massage therapist holding a valid license, permit, certificate, or |
25 | registration issued by another state or territory of the United States, the District of Columbia, or a |
26 | foreign country when incidentally in this state to provide service as part of an emergency response |
27 | team working in conjunction with disaster relief officials. |
28 | (3) A nonresident massage therapist holding a valid license, permit, certificate, or |
29 | registration issued by any other state or territory of the United States, the District of Columbia, or |
30 | by a foreign country and temporarily practicing massage therapy in this state for a period not |
31 | exceeding thirty (30) days for the purpose of presenting educational or clinical programs, lectures, |
32 | seminars, or workshops to massage therapists. |
33 | (4) A currently enrolled student in an approved massage therapy education program from |
34 | engaging in the practice of massage therapy, under the supervision of a licensed massage therapist |
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1 | or healthcare provider, provided the practice, conduct, activities, or services constitute a part of a |
2 | required course of study in the program and that such persons are identified as students. |
3 | (5) A graduate from an approved educational program may practice from practicing |
4 | massage therapy only under the supervision of one, assigned, onsite licensed massage therapist. |
5 | Graduates have ninety (90) days from the date on the application fee receipt to meet licensure |
6 | requirements of this state in accordance with regulations prescribed by the board. |
7 | (6) A massage therapist who provides acceptable evidence of being currently licensed to |
8 | practice massage therapy by examination or endorsement under the laws of other states or territories |
9 | of the United States, the District of Columbia, or by a foreign country has from working during |
10 | a grace period of forty-five (45) days from the date on the application fee receipt to meet licensure |
11 | requirements of this state in accordance with regulations prescribed by the board. The original |
12 | privilege to work forty-five (45) days from the date on the application fee receipt shall not be |
13 | extended or renewed. |
14 | (7) A nonresident massage therapist holding a valid license, permit, certificate, or |
15 | registration issued by any other state or territory of the United States, the District of Columbia, or |
16 | by a foreign country when in this state as part of a charity/event where massage is appropriate. |
17 | SECTION 3. Section 6-1-5 of the General Laws in Chapter 6-1 entitled "Filing of Trade |
18 | Name" is hereby amended to read as follows: |
19 | 6-1-5. Changes in registration — Filing notice of change. |
20 | (a) A notice of change shall be filed with the secretary of state when a change occurs in: |
21 | (1) The A change occurs in any true and real name of a person conducting a business with |
22 | a trade name registered under this chapter; or |
23 | (2) Any A change occurs in any mailing address or email address set forth on the |
24 | registration or any subsequently filed notice of change; or |
25 | (3) An addition, deletion, or any change of person or persons conducting business under |
26 | the registered trade name occurs; or |
27 | (4) There is a change in the wording or spelling of the trade name since initial registration |
28 | or renewal. |
29 | (b) A notice of cancellation shall be filed with the secretary of state when use of a trade |
30 | name is discontinued. |
31 | SECTION 4. Section 11-37.1-6 of the General Laws in Chapter 11-37.1 entitled "Sexual |
32 | Offender Registration and Community Notification" is hereby amended to read as follows: |
33 | 11-37.1-6. Community notification. |
34 | (1)(a) Sex Offender Board of Review. The governor shall appoint eight (8) persons |
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1 | including experts in the field of the behavior and treatment of sexual offenders by reason of training |
2 | and experience, victim’s rights advocates, and law enforcement representatives to the sex offender |
3 | board of review. At least one member of the sex offender board of review shall be a qualified |
4 | child/adolescent sex offender treatment specialist. These persons shall serve at the pleasure of the |
5 | governor or until their successor has been duly qualified and appointed. |
6 | (b) Duties of the board. Upon passage of this legislation, the sex offender board of review |
7 | will utilize a validated risk assessment instrument where available and other material approved by |
8 | the parole board to determine the level of risk an offender poses to the community and to assist the |
9 | sentencing court in determining if that person is a sexually violent predator. If the offender is a |
10 | juvenile, the Department of Children, Youth and Families shall select and administer a risk |
11 | instrument appropriate for juveniles and shall submit the results to the sex offender board of review. |
12 | In cases where an accepted validated risk assessment instrument does not exist, the sex offender |
13 | board of review shall use a structured professional judgment (SPJ) approach, in which the board |
14 | shall evaluate the presence or absence of commonly employed risk variables (both static and |
15 | dynamic), together with all other information available to the board, to make a determination |
16 | concerning the level of risk. |
17 | (c) Duties of other state agencies. Six (6) months prior to release of any person having a |
18 | duty to register under § 11-37.1-3, or upon sentencing of a person having a duty to register under |
19 | § 11-37.1-3, if the offender is not incarcerated, the agency having supervisory responsibility and |
20 | the Interstate Compact Unit of the Rhode Island department of corrections upon acceptance of |
21 | supervision of a sexual offender from the sending jurisdiction shall refer the person to the sex |
22 | offender board of review, together with any reports and documentation that may be helpful to the |
23 | board, for a determination as to the level of risk an offender poses to the community and to assist |
24 | the sentencing court in determining if that person is a sexually violent predator. |
25 | (2)(i) The board shall within thirty (30) days of a referral of a person shall conduct the |
26 | validated risk assessment, review other material provided by the agency having supervisory |
27 | responsibility and assign a risk of re-offense level to the offender. In addition, the board may find |
28 | that, based on the assessment score and other material, that the person may possess a mental |
29 | abnormality or personality disorder that makes the person likely to engage in sexually violent |
30 | predatory offenses. In these cases, the committee shall ask the parole board psychiatrist or if the |
31 | offender is a juvenile, a DCYF psychiatrist to conduct a sex offender evaluation to determine if the |
32 | offender possesses a mental abnormality or personality disorder that affects the emotional or |
33 | volitional capacity of the person in a manner that predisposes that person to the commission of |
34 | criminal sexual acts to a degree that makes the person a menace to the health and safety of other |
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1 | persons. |
2 | (ii) Upon receipt of a sex offender evaluation that suggests there is sufficient evidence and |
3 | documentation to suggest that a person may be a sexually violent predator, the sex offender board |
4 | of review shall forward a report to the attorney general for consideration by the court. |
5 | (iii) Upon receipt of a report from the attorney general, the court, after notice to the offender |
6 | and his or her counsel, shall upon consideration of the report and other materials, make a |
7 | determination as to whether or not a person is a sexually violent predator. |
8 | (iv) Effect of determination. In the event that a determination is made by the court that a |
9 | person is a sexually violent predator, that person shall be required to register and verify his or her |
10 | address in accordance with §§ 11-37.1-3, 11-37.1-4, and 11-37.1-8(b). |
11 | (3) No cause of action or liability shall arise or exist against the committee or any member |
12 | or agent of the board as a result of the failure of the board to make any findings required by this |
13 | section within the time period specified by subsection (2) of this section. |
14 | (4) Notwithstanding any other provision of law, the board shall have access to all relevant |
15 | records and information in the possession of any state official or agency having a duty under § 11- |
16 | 37.1-5(a)(1) through (6), relating to the juvenile and adult offenders under review by the board, |
17 | including, but not limited to, police reports; prosecutor’s statements of probable cause, presentence |
18 | investigations and reports, complete judgments and sentences, current classification referrals, |
19 | juvenile and adult criminal history records, violation and disciplinary reports, all psychological |
20 | evaluations and psychiatric evaluations, psychiatric hospital records, sex offender evaluations and |
21 | treatment reports, substance abuse evaluations and treatment reports to the extent allowed by |
22 | federal law. Records and information obtained by the board of review under this subsection shall |
23 | remain confidential, provided that the board of review may disclose the records and information to |
24 | the sentencing court in accordance with the provisions of this chapter. |
25 | (5) Duties of the director of the department of corrections/director of the department of |
26 | children, youth and families. Not less than sixty (60) days prior to release of any person subject to |
27 | this chapter, the director of the department of corrections or, in the event the person is a juvenile, |
28 | the director of the department of children, youth and families, or their respective designees, shall |
29 | seek verification that the duties of the sex offender board of review and any other state agency have |
30 | been fulfilled as specified in § 11-37.1-6 et seq. In the event that the director of the department of |
31 | corrections or, in the event the person is a juvenile, the director of the department of children, youth |
32 | and families, cannot obtain verification, he or she shall, no less than thirty (30) days prior to the |
33 | release of a person subject to this chapter, file with the presiding judge of the superior court or, in |
34 | the case of a juvenile, the chief judge of the family court, a petition in the nature of mandamus, |
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1 | seeking compliance with this chapter. The court shall promptly, but no less than ten (10) days from |
2 | the filing of the petition, hold a hearing on the petition. The court may, in its discretion, enter any |
3 | orders consistent with this chapter to compel compliance, however, the court may not delay the |
4 | release of any person subject to this chapter for the failure of the sex offender board of review or |
5 | any state agency to fulfill its obligations under this chapter. |
6 | SECTION 5. Section 16-7-22 of the General Laws in Chapter 16-7 entitled "Foundation |
7 | Level School Support [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is |
8 | hereby amended to read as follows: |
9 | 16-7-22. Determination of average daily membership. |
10 | Each community shall be paid pursuant to the provisions of § 16-7-17 an amount based |
11 | upon the following provisions: |
12 | (1) On or before September 1 of each year the average daily membership of each city and |
13 | town for the reference year shall be determined by the commissioner of elementary and secondary |
14 | education from data supplied by the school committee in each community in the following manner: |
15 | The aggregate number of days of membership of all pupils enrolled full time in grade twelve (12) |
16 | and below, except that pupils below grade one who are not full time shall be counted on a full-time |
17 | equivalent basis: (i) Increased by the aggregate number of days of membership of pupils residing |
18 | in the particular city or town whose tuition in schools approved by the department of elementary |
19 | and secondary education in other cities and towns is paid by the particular city or town; and (ii) |
20 | Decreased by the aggregate number of days of membership of nonresident pupils enrolled in the |
21 | public schools of the particular city or town and further decreased by the aggregate number of days |
22 | of membership equal to the number of group home beds calculated for the purposes of |
23 | reimbursement pursuant to § 16-64-1.1; and (iii) Decreased further, in the case of a city or town |
24 | that is a member of a regional school district during the first year of operation of the regional school |
25 | district by the aggregate number of days of membership of pupils residing in the city or town who |
26 | would have attended the public schools in the regional school district if the regional school district |
27 | had been operating during the previous year, divided by the number of days during which the |
28 | schools were officially in session during the reference year. The resulting figures shall be the |
29 | average daily membership for the city or town for the reference year. For purposes of calculating |
30 | the permanent foundation education aid as described in §§ 16-7.2-3(a)(1) and 16-7.2-3(a)(2), the |
31 | average daily membership for school districts shall exclude charter school and state school students, |
32 | and beginning in school year 2014-2015, include an estimate to ensure that districts converting |
33 | from a half-day to a full-day kindergarten program pursuant to § 16-99-4 are credited on a full-time |
34 | basis beginning in the first year of enrollment and are funded notwithstanding the transition plan |
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1 | pursuant to § 16-7.2-7. |
2 | (2) The average daily membership of pupils attending public schools shall apply for the |
3 | purposes of determining the percentage of the state’s share under the provisions of §§ 16-7-16(3), |
4 | 16-7-16(10), 16-7-18, 16-7-19, 16-7-20, 16-7-21, and 16-7.2-4. |
5 | (3) In the case of regional school districts, the aggregate number of days of membership by |
6 | which each city or town is decreased in subsection (1)(iii) of this section, divided by the number of |
7 | days during which the schools attended by the pupils were officially in session, shall determine the |
8 | average daily membership for the regional school district during the first year of operation. After |
9 | the first year of operation, the average daily membership of each regional school district, except |
10 | the Chariho regional high school district, shall be determined by the commissioner of elementary |
11 | and secondary education from data supplied by the school committee of each regional school |
12 | district for the reference year in the manner provided in subsection (1) of this section. |
13 | (4) For all fiscal years beginning after June 30, 2024, notwithstanding subsection (1)(ii) |
14 | above, the decrease for group home beds shall not apply to residential facility “beds” located or |
15 | associated with the CRAFT program pursuant to § 16-64-1.1. |
16 | SECTION 6 Section 23-12.7-3 of the General Laws in Chapter 23-12.7 entitled "The |
17 | Breast Cancer Act" is hereby amended to read as follows: |
18 | 23-12.7-3. Program established. |
19 | (a) Through funding from the Rhode Island Cancer Council U.S. Centers for Disease |
20 | Control and Prevention, the Rhode Island department of health is required to establish a program |
21 | of free mammography screening according to American Cancer Society standards, and, where |
22 | required, follow-up, diagnostic testing, and case management for women in the state who are |
23 | uninsured or underinsured. |
24 | (b) The screening program shall: |
25 | (1) Secure radiology facilities to participate in the screening program; |
26 | (2) Pay for screening mammograms; |
27 | (3) Ensure that screening results are sent by mail, electronically, or otherwise, to the patient |
28 | in a timely manner; |
29 | (4) Provide diagnostic tests as required to diagnose breast cancer; |
30 | (5) Provide case management facilitating appropriate contact to breast surgeons, medical |
31 | oncologists, and radiation oncologists; and |
32 | (6) Provide follow-up support to women who are found to have breast cancer as a result of |
33 | this screening program. |
34 | (c) The director of the Rhode Island department of health is required to provide an annual |
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1 | report due to the general assembly on May 15 on the program of free mammography screening, |
2 | follow-up diagnostic testing and case management, and public education. An advisory committee |
3 | concerned with advocacy, outreach, and public education shall meet on a quarterly basis and report |
4 | to the director. |
5 | SECTION 7 Section 28-27-11 of the General Laws in Chapter 28-27 entitled "Mechanical |
6 | Trades" is hereby amended to read as follows: |
7 | 28-27-11. Journeyperson license — Test fees — License fees and qualifications — |
8 | Filing deadline for journeyperson. |
9 | (a) No application for a journeyperson’s test shall be filed by the department nor shall any |
10 | applicant be permitted to take the examination for a license as a journeyperson unless: |
11 | (1) The test application is accompanied by a test fee as outlined in § 28-27-17; |
12 | (2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27- |
13 | 17 is required and the journeyperson license will be issued as provided in § 28-27-15; and |
14 | (3) The applicant has possessed prior to the filing of the application a certificate of |
15 | registration in full force and effect from the department of labor and training specifying the person |
16 | as a registered apprentice pursuant to § 28-45-13, and the application of an applicant: |
17 | (i) Is accompanied by an affidavit or affidavits of their employer or former employers or |
18 | other reasonably satisfactory evidence showing that the applicant has been actually engaged in |
19 | pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler systems work |
20 | as an apprentice registered for at least ten thousand (10,000) hours in the state of Rhode Island |
21 | in accordance with the hourly requirements pursuant to §§ 28-27-4.1 and 28-27-4.2; |
22 | (ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that |
23 | the applicant has been registered as a student in a recognized college, university, or trade school |
24 | and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire |
25 | protection sprinkler systems for at least two (2) academic years or is the recipient of an associate |
26 | degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has |
27 | thereafter been registered by the department of labor and training as an apprentice for at least three |
28 | (3) years and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air |
29 | conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for |
30 | a period of three (3) years; or |
31 | (iii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that |
32 | the applicant possesses a certificate of license issued under the laws of another state specifying that |
33 | person as a journeyperson. |
34 | (4) [Deleted by P.L. 2024, ch. 330, § 7 and P.L. 2024, ch. 331, § 7.] |
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1 | (b) The test application is to be filed with the department at least fifteen (15) days prior to |
2 | the examination date. |
3 | SECTION 8. Section 28-45-9 of the General Laws in Chapter 28-45 entitled |
4 | "Apprenticeship Programs in Trade and Industry" is hereby amended to read as follows: |
5 | 28-45-9. Standards of apprenticeship programs. |
6 | An apprenticeship program, to be eligible for approval and registration with the department |
7 | of labor and training, shall conform to regulations issued by the department of labor and training |
8 | and 29 C.F.R. Part 29 and 29 C.F.R. Part 30 and shall conform to the following standards: |
9 | (1) The program is an organized, written plan embodying the terms and conditions of |
10 | employment, training, and supervision of one or more apprentices in the apprenticeable occupation, |
11 | as defined in this chapter and subscribed to by a sponsor who has undertaken to carry out the |
12 | apprentice training program. |
13 | (2) The program standards contain the equal opportunity pledge prescribed in 29 C.F.R § |
14 | 30.3(c) and, when applicable, an affirmative action plan in accordance with 29 C.F.R. § 30.4, a |
15 | selection method authorized in 29 C.F.R § 30.10, or similar requirements expressed in a state plan |
16 | for equal employment opportunity in apprenticeship adopted pursuant to 29 C.F.R. Part 30 and |
17 | approved by the United States Department of Labor, and provisions concerning the following: |
18 | (i) The employment and training of the apprentice in a skilled occupation; |
19 | (ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience, |
20 | consistent with training requirements as established by industry practice, which for an individual |
21 | apprentice may be measured either through the completion of the industry standard for on-the-job |
22 | learning (at least two thousand (2,000) hours) (time-based approach), the attainment of competency |
23 | (competency-based approach), or a blend of the time-based and competency-based approaches |
24 | (hybrid approach): |
25 | (A) The time-based approach measures skill acquisition through the individual apprentice’s |
26 | completion of at least two thousand (2,000) hours of on-the-job learning as described in a work |
27 | process schedule; |
28 | (B) The competency-based approach measures skill acquisition through the individual |
29 | apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program |
30 | sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job |
31 | learning component of registered apprenticeship. The program standards must address how on-the- |
32 | job learning will be integrated into the program, describe competencies, and identify an appropriate |
33 | means of testing and evaluation for such competencies; |
34 | (C) The hybrid approach measures the individual apprentice’s skill acquisition through a |
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1 | combination of specified minimum number of hours of on-the-job learning and the successful |
2 | demonstration of competency as described in a work process schedule; and |
3 | (D) The determination of the appropriate approach for the program standards is made by |
4 | the program sponsor, subject to approval by the registration agency of the determination as |
5 | appropriate to the apprenticeable occupation for which the program standards are registered; |
6 | (iii) An outline of the work processes in which the apprentice will receive supervised work |
7 | experience and training on the job, and the allocation of the approximate time to be spent in each |
8 | major process; |
9 | (iv) Provision for organized, related, and supplemental instruction in technical subjects |
10 | related to the trade. A minimum of one hundred forty-four (144) hours for each year of |
11 | apprenticeship is recommended. This instruction in technical subjects may be accomplished |
12 | through media, such as classroom, occupational or industry courses, electronic media, or other |
13 | instruction approved by the department of labor and training; every apprenticeship instructor must: |
14 | (A) Meet the Rhode Island department of elementary and secondary education |
15 | requirements for a vocational-technical instructor, or be a subject matter expert, which is an |
16 | individual, such as a journey worker, who is recognized within an industry as having expertise in a |
17 | specific occupation; and |
18 | (B) Have training in teaching techniques and adult learning styles, which may occur before |
19 | or after the apprenticeship instructor has started to provide the related technical instruction; |
20 | (v) A statement of the progressively increasing scale of wages to be paid the apprentice |
21 | consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed |
22 | by the federal and state labor standards act, where applicable, unless a higher wage is required by |
23 | other applicable federal law, state law, respective regulations, or by collective bargaining |
24 | agreement; |
25 | (vi) A provision for periodic review and evaluation of the apprentice’s progress in job |
26 | performance and related instruction, and the maintenance of appropriate progress records; |
27 | (vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision, |
28 | training, safety, and continuity of employment, and applicable provisions in collective bargaining |
29 | agreements, except where the ratios are expressly prohibited by the collective bargaining |
30 | agreement. The ratio language shall be specific and clear as to application in terms of jobsite, work |
31 | force, department, or plant; |
32 | (viii) A probationary period reasonable in relation to the full apprenticeship term, with full |
33 | credit given for the period toward completion of apprenticeship; the probationary period shall not |
34 | exceed twenty-five percent (25%) of the length of the program or one year, whichever is shorter; |
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1 | (ix) Adequate and safe equipment and facilities for training and supervision, and safety |
2 | training for apprentices on the job and in related instruction; |
3 | (x) The minimum qualifications required by a sponsor for persons entering the |
4 | apprenticeship program, with an eligible starting age not less than sixteen (16) years; |
5 | (xi) The placement of an apprentice under a written apprenticeship agreement that |
6 | conforms to the requirements of this chapter. The agreement shall directly, or by reference, |
7 | incorporate the standards of the program as part of the agreement; |
8 | (xii) The granting of advanced standing or credit for demonstrated competency, previously |
9 | acquired experience, training, or skills for all applicants equally, with commensurate wages for any |
10 | progression step so granted; |
11 | (xiii) The transfer of an apprentice between apprenticeship programs and within an |
12 | apprenticeship program must be based on agreement between the apprentice and the affected |
13 | apprenticeship committees or program sponsors, and must comply with the following requirements: |
14 | (A) The transferring apprentice must be provided a transcript of related instruction and on- |
15 | the-job learning by the committee or program sponsor; |
16 | (B) Transfer must be to the same occupation; and |
17 | (C) A new apprenticeship agreement must be executed when the transfer occurs between |
18 | program sponsors; |
19 | (xiv) Assurance of qualified training personnel and adequate supervision on the job; |
20 | (xv) Recognition for successful completion of apprenticeship evidenced by an appropriate |
21 | certificate issued by the department of labor and training; |
22 | (xvi) Program standards that utilize the competency-based or hybrid approach for |
23 | progression through an apprenticeship and that choose to issue interim credentials must clearly |
24 | identify the interim credentials; demonstrate how these credentials link to the components of the |
25 | apprenticeable occupation; and establish the process for assessing an individual apprentice’s |
26 | demonstration of competency associated with the particular interim credential; further, interim |
27 | credentials must only be issued for recognized components of an apprenticeable occupation, |
28 | thereby linking interim credentials specifically to the knowledge, skills, and abilities associated |
29 | with those components of the apprenticeable occupation; |
30 | (xvii) Identification of the department of labor and training as the registration agency; |
31 | (xviii) Provision for the registration, cancellation, and deregistration of the program, and |
32 | requirement for the prompt submission of any modification or amendment to the department of |
33 | labor and training for approval; |
34 | (xix) Provision for registration of apprenticeship agreements, modifications, and |
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1 | amendments; notice to the department of labor and training of persons who have successfully |
2 | completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and |
3 | terminations of apprenticeship agreements and a statement of the reasons therefor; |
4 | (xx) Authority for the cancellation of an apprenticeship agreement during the probationary |
5 | period by either party without stated cause. Cancellation during the probationary period will not |
6 | have an adverse impact on the sponsor’s completion rate; |
7 | (xxi) Compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed |
8 | in 29 C.F.R. § 30.3(b)(c); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method |
9 | for the selection of apprentices authorized by 29 C.F.R § 30.5 30.10, or compliance with parallel |
10 | requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29 |
11 | C.F.R. Part 30 and approved by the department. The apprenticeship standards must also include a |
12 | statement that the program will be conducted, operated, and administered in conformity with |
13 | applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable, an approved state plan for |
14 | equal opportunity in apprenticeship; |
15 | (xxii) Name and address, telephone number, and e-mail address (if applicable) of the |
16 | appropriate authority under the program to receive, process, and make disposition of complaints; |
17 | (xxiii) Recording and maintenance of all records concerning apprenticeship as may be |
18 | required by the office of apprenticeship or the department of labor and training and other applicable |
19 | law. |
20 | SECTION 9. Section 31-1-23 of the General Laws in Chapter 31-1 entitled "Definitions |
21 | and General Code Provisions" is hereby amended to read as follows: |
22 | 31-1-23. Types of roads. |
23 | (a) “Bicycle lane” means a portion of highway right-of-way designated by the state and |
24 | identified by official traffic control devices (pavement markings) for the exclusive use of bicyclists. |
25 | The operation and parking of motor vehicles is prohibited within the lane identified for exclusive |
26 | use by bicyclists, except when making a turn, entering or leaving the roadway or a parking lane, or |
27 | when required in the course of official duty. |
28 | (b) “Bicycle route” means a shared right-of-way along a highway, designated by the state |
29 | and identified by official traffic control devices (signs) for use by bicyclists. |
30 | (c) “Bicycle trail or path” means a bikeway physically separated from motorized vehicular |
31 | traffic by an open space or barrier and either within the highway right-of-way or within an |
32 | independent right-of-way. Bicycle trails or paths may also be used by pedestrians, skaters, riders |
33 | of Class 1 electric bicycles as defined in § 31-19.7-1, wheelchair users, joggers, and other |
34 | nonmotorized users. |
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1 | (d) “Laned roadway” means a roadway which is divided into two (2) or more clearly |
2 | marked lanes for vehicular traffic. |
3 | (e) “Limited access highway” means every highway, street, or roadway to or from which |
4 | owners or occupants of abutting lands and other persons have no legal right of access except at |
5 | those points and in that manner determined by the public authority having jurisdiction over it. |
6 | (f) “Local highway” means every street or highway other than a state highway, private |
7 | road, or driveway. |
8 | (g) “Private road or driveway” means every way or place in private ownership that is used |
9 | for vehicular travel only by the owner and by those others having express or implied permission |
10 | from the owner. |
11 | (h) “Roadway” means that portion of a highway improved, designed, or ordinarily used for |
12 | vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons riding |
13 | bicycles. In the event a highway includes two (2) or more separate roadways, “roadway” refers to |
14 | the roadway separately and not the roadways collectively. |
15 | (i) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of |
16 | a roadway, and the adjacent property lines intended for the use of pedestrians. |
17 | (j) “State highway” means every street or highway constructed and/or maintained by the |
18 | director of public works and the division of roads and bridges department of transportation. |
19 | (k) “Street or highway” means the entire width between boundary lines of every way when |
20 | any part of it is open to the use of the public for purposes of vehicular traffic. |
21 | (l) “Through highway” means every highway or portion of a highway having entrances |
22 | from intersecting highways at which vehicular traffic is required by law to stop before entering or |
23 | crossing, and where stop signs are erected under the provisions of chapters 1 — 27 of this title. |
24 | SECTION 10. Section 31-27-2 of the General Laws in Chapter 31-27 entitled "Motor |
25 | Vehicle Offenses" is hereby amended to read as follows: |
26 | 31-27-2. Driving under influence of liquor or drugs. [Effective until July 1, 2025.] |
27 | (a) Whoever drives or otherwise operates any vehicle in the state while under the influence |
28 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
29 | title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in |
30 | subsection (d)(3), and shall be punished as provided in subsection (d) of this section. |
31 | (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight |
32 | one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a |
33 | blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not |
34 | preclude a conviction based on other admissible evidence, including the testimony of a drug |
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1 | recognition expert or evaluator, certified pursuant to training approved by the Rhode Island |
2 | department of transportation office on highway safety. Proof of guilt under this section may also |
3 | be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, |
4 | toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, |
5 | to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person |
6 | charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not |
7 | constitute a defense against any charge of violating this section. |
8 | (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] |
9 | (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount |
10 | of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or |
11 | any combination of these, in the defendant’s blood at the time alleged as shown by a chemical |
12 | analysis of the defendant’s breath, blood, saliva or urine or other bodily substance, shall be |
13 | admissible and competent, provided that evidence is presented that the following conditions have |
14 | been complied with: |
15 | (1) The defendant has consented to the taking of the test upon which the analysis is made. |
16 | Evidence that the defendant had refused to submit to the test shall not be admissible unless the |
17 | defendant elects to testify. |
18 | (2) A true copy of the report of the test result was hand delivered at the location of the test |
19 | or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath |
20 | test. |
21 | (3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids |
22 | shall have a true copy of the report of the test result mailed to him or her within thirty (30) days |
23 | following the taking of the test. |
24 | (4) The test was performed according to methods and with equipment approved by the |
25 | director of the department of health of the state of Rhode Island and by an authorized individual. |
26 | (5) Equipment used for the conduct of the tests by means of breath analysis had been tested |
27 | for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore |
28 | provided, and breathalyzer operators shall be qualified and certified by the department of health |
29 | within three hundred sixty-five (365) days of the test. |
30 | (6) The person arrested and charged with operating a motor vehicle while under the |
31 | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
32 | title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to |
33 | have an additional chemical test. The officer arresting or so charging the person shall have informed |
34 | the person of this right and afforded him or her a reasonable opportunity to exercise this right, and |
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1 | a notation to this effect is made in the official records of the case in the police department. Refusal |
2 | to permit an additional chemical test shall render incompetent and inadmissible in evidence the |
3 | original report. |
4 | (d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as |
5 | follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one |
6 | percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence |
7 | of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine |
8 | of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be |
9 | required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be |
10 | imprisoned for up to one year. The sentence may be served in any unit of the adult correctional |
11 | institutions in the discretion of the sentencing judge and/or shall be required to attend a special |
12 | course on driving while intoxicated or under the influence of a controlled substance; provided, |
13 | however, that the court may permit a servicemember or veteran to complete any court-approved |
14 | counseling program administered or approved by the Veterans’ Administration, and his or her |
15 | driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The |
16 | sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant |
17 | to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system |
18 | and/or blood and urine testing as provided in § 31-27-2.8. |
19 | (ii) Every person convicted of a first violation whose blood alcohol concentration is one- |
20 | tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent |
21 | (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than |
22 | one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to |
23 | perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for |
24 | up to one year. The sentence may be served in any unit of the adult correctional institutions in the |
25 | discretion of the sentencing judge. The person’s driving license shall be suspended for a period of |
26 | three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special |
27 | course on driving while intoxicated or under the influence of a controlled substance and/or |
28 | alcoholic or drug treatment for the individual; provided, however, that the court may permit a |
29 | servicemember or veteran to complete any court-approved counseling program administered or |
30 | approved by the Veterans’ Administration. The sentencing judge or magistrate may prohibit that |
31 | person from operating a motor vehicle that is not equipped with an ignition interlock system as |
32 | provided in § 31-27-2.8. |
33 | (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen |
34 | hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any |
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1 | controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars |
2 | ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community |
3 | restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit |
4 | of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving |
5 | license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing |
6 | judge shall require attendance at a special course on driving while intoxicated or under the influence |
7 | of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, |
8 | that the court may permit a servicemember or veteran to complete any court-approved counseling |
9 | program administered or approved by the Veterans’ Administration. The sentencing judge or |
10 | magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) |
11 | or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and |
12 | urine testing as provided in § 31-27-2.8. |
13 | (2)(i) Every person convicted of a second violation within a five-year (5) period with a |
14 | blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than |
15 | fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or |
16 | who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every |
17 | person convicted of a second violation within a five-year (5) period, regardless of whether the prior |
18 | violation and subsequent conviction was a violation and subsequent conviction under this statute |
19 | or under the driving under the influence of liquor or drugs statute of any other state, shall be subject |
20 | to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended |
21 | for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten |
22 | (10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult |
23 | correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight |
24 | (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require |
25 | alcohol or drug treatment for the individual; provided, however, that the court may permit a |
26 | servicemember or veteran to complete any court-approved counseling program administered or |
27 | approved by the Veterans’ Administration and shall prohibit that person from operating a motor |
28 | vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition |
29 | interlock system and/or blood and urine testing as provided in § 31-27-2.8. |
30 | (ii) Every person convicted of a second violation within a five-year (5) period whose blood |
31 | alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by |
32 | a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, |
33 | toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory |
34 | imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less |
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1 | than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) |
2 | years from the date of completion of the sentence imposed under this subsection. The sentencing |
3 | judge shall require alcohol or drug treatment for the individual; provided, however, that the court |
4 | may permit a servicemember or veteran to complete any court approved counseling program |
5 | administered or approved by the Veterans’ Administration. The sentencing judge or magistrate |
6 | shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) |
7 | of this section, that is not equipped with an ignition interlock system and/or blood and urine testing |
8 | as provided in § 31-27-2.8. |
9 | (3)(i) Every person convicted of a third or subsequent violation within a five-year (5) |
10 | period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, |
11 | but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is |
12 | unknown or who has a blood presence of any scheduled controlled substance as defined in chapter |
13 | 28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation |
14 | and subsequent conviction under this statute or under the driving under the influence of liquor or |
15 | drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of |
16 | four hundred ($400) dollars. The person’s driving license shall be suspended for a period of two |
17 | (2) years to three (3) years, and the individual shall be sentenced to not less than one year and not |
18 | more than three (3) years in jail. The sentence may be served in any unit of the adult correctional |
19 | institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours |
20 | of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug |
21 | treatment for the individual; provided, however, that the court may permit a servicemember or |
22 | veteran to complete any court-approved counseling program administered or approved by the |
23 | Veterans’ Administration, and shall prohibit that person from operating a motor vehicle, pursuant |
24 | to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system |
25 | and/or blood and urine testing as provided in § 31-27-2.8. |
26 | (ii) Every person convicted of a third or subsequent violation within a ten-year (10) period |
27 | whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight |
28 | as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence |
29 | of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
30 | mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory |
31 | fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); |
32 | and a mandatory license suspension for a period of three (3) years from the date of completion of |
33 | the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug |
34 | treatment for the individual. The sentencing judge or magistrate shall prohibit that person from |
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1 | operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not |
2 | equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27- |
3 | 2.8. |
4 | (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent |
5 | violation within a five-year (5) period, regardless of whether any prior violation and subsequent |
6 | conviction was a violation and subsequent conviction under this statute or under the driving under |
7 | the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the |
8 | sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the |
9 | state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund. |
10 | (4) Whoever drives or otherwise operates any vehicle in the state while under the influence |
11 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
12 | title 21, or any combination of these, when his or her license to operate is suspended, revoked, or |
13 | cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty |
14 | of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more |
15 | than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the |
16 | individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an |
17 | individual who has surrendered his or her license and served the court-ordered period of suspension, |
18 | but who, for any reason, has not had his or her license reinstated after the period of suspension, |
19 | revocation, or suspension has expired; provided, further, the individual shall be subject to the |
20 | provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent |
21 | offenses, and any other applicable provision of this section. |
22 | (5)(i) For purposes of determining the period of license suspension, a prior violation shall |
23 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. |
24 | (ii) Any person over the age of eighteen (18) who is convicted under this section for |
25 | operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of |
26 | these, while a child under the age of thirteen (13) years was present as a passenger in the motor |
27 | vehicle when the offense was committed shall be subject to immediate license suspension pending |
28 | prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a |
29 | first offense and may be sentenced to a term of imprisonment of not more than one year and a fine |
30 | not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent |
31 | offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not |
32 | more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing |
33 | judge shall also order a license suspension of up to two (2) years, require attendance at a special |
34 | course on driving while intoxicated or under the influence of a controlled substance, and alcohol |
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1 | or drug education and/or treatment. The individual may also be required to pay a highway |
2 | assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited |
3 | in the general fund. |
4 | (6)(i) Any person convicted of a violation under this section shall pay a highway |
5 | assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The |
6 | assessment provided for by this subsection shall be collected from a violator before any other fines |
7 | authorized by this section. |
8 | (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty- |
9 | six dollars ($86). |
10 | (7)(i) If the person convicted of violating this section is under the age of eighteen (18) |
11 | years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of |
12 | public community restitution and the juvenile’s driving license shall be suspended for a period of |
13 | six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing |
14 | judge shall also require attendance at a special course on driving while intoxicated or under the |
15 | influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. |
16 | The juvenile may also be required to pay a highway assessment fine of no more than five hundred |
17 | dollars ($500) and the assessment imposed shall be deposited into the general fund. |
18 | (ii) If the person convicted of violating this section is under the age of eighteen (18) years, |
19 | for a second or subsequent violation regardless of whether any prior violation and subsequent |
20 | conviction was a violation and subsequent conviction under this statute or under the driving under |
21 | the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory |
22 | suspension of his or her driving license until such time as he or she is twenty-one (21) years of age |
23 | and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training |
24 | school for a period of not more than one year and/or a fine of not more than five hundred dollars |
25 | ($500). |
26 | (8) Any person convicted of a violation under this section may undergo a clinical |
27 | assessment at the community college of Rhode Island’s center for workforce and community |
28 | education. Should this clinical assessment determine problems of alcohol, drug abuse, or |
29 | psychological problems associated with alcoholic or drug abuse, this person shall be referred to an |
30 | appropriate facility, licensed or approved by the department of behavioral healthcare, |
31 | developmental disabilities and hospitals, for treatment placement, case management, and |
32 | monitoring. In the case of a servicemember or veteran, the court may order that the person be |
33 | evaluated through the Veterans’ Administration. Should the clinical assessment determine |
34 | problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, |
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1 | the person may have their treatment, case management, and monitoring administered or approved |
2 | by the Veterans’ Administration. |
3 | (9) Notwithstanding any other sentencing and disposition provisions contained in this |
4 | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
5 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
6 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
7 | or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a |
8 | preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, |
9 | or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of |
10 | an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition |
11 | to operating a motor vehicle as provided in § 31-27-2.8. |
12 | (10) Notwithstanding any other sentencing and disposition provisions contained in this |
13 | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
14 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
15 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
16 | or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a |
17 | preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or |
18 | both, the judge or magistrate may require an ignition interlock system in addition to blood and/or |
19 | urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. |
20 | (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per |
21 | one hundred cubic centimeters (100 cc) of blood. |
22 | (f)(1) There is established an alcohol and drug safety unit within the division of motor |
23 | vehicles to administer an alcohol safety action program. The program shall provide for placement |
24 | and follow-up for persons who are required to pay the highway safety assessment. The alcohol and |
25 | drug safety action program will be administered in conjunction with alcohol and drug programs |
26 | licensed by the department of behavioral healthcare, developmental disabilities and hospitals. |
27 | (2) Persons convicted under the provisions of this chapter shall be required to attend a |
28 | special course on driving while intoxicated or under the influence of a controlled substance, and/or |
29 | participate in an alcohol or drug treatment program, which course and programs must meet the |
30 | standards established by the Rhode Island department of behavioral healthcare, developmental |
31 | disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran |
32 | to complete any court-approved counseling program administered or approved by the Veterans’ |
33 | Administration. The course shall take into consideration any language barrier that may exist as to |
34 | any person ordered to attend, and shall provide for instruction reasonably calculated to |
| LC002933/SUB A - Page 106 of 126 |
1 | communicate the purposes of the course in accordance with the requirements of the subsection. |
2 | Any costs reasonably incurred in connection with the provision of this accommodation shall be |
3 | borne by the person being retrained. A copy of any violation under this section shall be forwarded |
4 | by the court to the alcohol and drug safety unit. In the event that persons convicted under the |
5 | provisions of this chapter fail to attend and complete the above course or treatment program, as |
6 | ordered by the judge, then the person may be brought before the court, and after a hearing as to |
7 | why the order of the court was not followed, may be sentenced to jail for a period not exceeding |
8 | one year. |
9 | (3) The alcohol and drug safety action program within the division of motor vehicles shall |
10 | be funded by general revenue appropriations. |
11 | (g) The director of the department of health is empowered to make and file with the |
12 | secretary of state regulations that prescribe the techniques and methods of chemical analysis of the |
13 | person’s body fluids or breath and the qualifications and certification of individuals authorized to |
14 | administer this testing and analysis. |
15 | (h) Jurisdiction for misdemeanor violations of this section shall be with the district court |
16 | for persons eighteen (18) years of age or older and to the family court for persons under the age of |
17 | eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to |
18 | order the suspension of any license for violations of this section. Trials in superior court are not |
19 | required to be scheduled within thirty (30) days of the arraignment date. |
20 | (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
21 | driving while intoxicated or under the influence of a controlled substance, public community |
22 | restitution, or jail provided for under this section can be suspended. |
23 | (j) An order to attend a special course on driving while intoxicated, that shall be |
24 | administered in cooperation with a college or university accredited by the state, shall include a |
25 | provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars |
26 | ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into |
27 | the general fund. |
28 | (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
29 | presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is |
30 | considered a chemical test. |
31 | (l) If any provision of this section, or the application of any provision, shall for any reason |
32 | be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the |
33 | section, but shall be confined in this effect to the provision or application directly involved in the |
34 | controversy giving rise to the judgment. |
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1 | (m) For the purposes of this section, “servicemember” means a person who is presently |
2 | serving in the armed forces of the United States, including the Coast Guard, a reserve component |
3 | thereof, or the National Guard. “Veteran” means a person who has served in the armed forces, |
4 | including the Coast Guard of the United States, a reserve component thereof, or the National Guard, |
5 | and has been discharged under other than dishonorable conditions. |
6 | 31-27-2. Driving under influence of liquor or drugs. [Effective July 1, 2025.] |
7 | (a) Whoever drives or otherwise operates any vehicle in the state while under the influence |
8 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
9 | title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in |
10 | subsection (d)(3), and shall be punished as provided in subsection (d) of this section. |
11 | (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight |
12 | one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a |
13 | blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not |
14 | preclude a conviction based on other admissible evidence, including the testimony of a drug |
15 | recognition expert or evaluator, certified pursuant to training approved by the Rhode Island |
16 | department of transportation office on highway safety. Proof of guilt under this section may also |
17 | be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, |
18 | toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, |
19 | to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person |
20 | charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not |
21 | constitute a defense against any charge of violating this section. |
22 | (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] |
23 | (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount |
24 | of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or |
25 | any combination of these, in the defendant’s blood at the time alleged as shown by a chemical |
26 | analysis of the defendant’s breath, blood, saliva or urine or other bodily substance, shall be |
27 | admissible and competent, provided that evidence is presented that the following conditions have |
28 | been complied with: |
29 | (1) The defendant has consented to the taking of the test upon which the analysis is made. |
30 | Evidence that the defendant had refused to submit to the test shall not be admissible unless the |
31 | defendant elects to testify. |
32 | (2) A true copy of the report of the test result was hand delivered at the location of the test |
33 | or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath |
34 | test. |
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1 | (3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids |
2 | shall have a true copy of the report of the test result mailed to him or her within thirty (30) days |
3 | following the taking of the test. |
4 | (4) The test was performed according to methods and with equipment approved by the |
5 | director of the department of health of the state of Rhode Island and by an authorized individual. |
6 | (5) Equipment used for the conduct of the tests by means of breath analysis had been tested |
7 | for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore |
8 | provided, and breathalyzer operators shall be qualified and certified by the department of health |
9 | within three hundred sixty-five (365) days of the test. |
10 | (6) The person arrested and charged with operating a motor vehicle while under the |
11 | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
12 | title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to |
13 | have an additional chemical test. The officer arresting or so charging the person shall have informed |
14 | the person of this right and afforded him or her a reasonable opportunity to exercise this right, and |
15 | a notation to this effect is made in the official records of the case in the police department. Refusal |
16 | to permit an additional chemical test shall render incompetent and inadmissible in evidence the |
17 | original report. |
18 | (d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as |
19 | follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one |
20 | percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence |
21 | of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine |
22 | of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be |
23 | required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be |
24 | imprisoned for up to one year. The sentence may be served in any unit of the adult correctional |
25 | institutions in the discretion of the sentencing judge and/or shall be required to attend a special |
26 | course on driving while intoxicated or under the influence of a controlled substance; provided, |
27 | however, that the court may permit a servicemember or veteran to complete any court-approved |
28 | counseling program administered or approved by the Veterans’ Administration, and his or her |
29 | driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The |
30 | sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant |
31 | to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system |
32 | and/or blood and urine testing as provided in § 31-27-2.8. |
33 | (ii) Every person convicted of a first violation whose blood alcohol concentration is one- |
34 | tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent |
| LC002933/SUB A - Page 109 of 126 |
1 | (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than |
2 | one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to |
3 | perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for |
4 | up to one year. The sentence may be served in any unit of the adult correctional institutions in the |
5 | discretion of the sentencing judge. The person’s driving license shall be suspended for a period of |
6 | three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special |
7 | course on driving while intoxicated or under the influence of a controlled substance and/or |
8 | alcoholic or drug treatment for the individual; provided, however, that the court may permit a |
9 | servicemember or veteran to complete any court-approved counseling program administered or |
10 | approved by the Veterans’ Administration. The sentencing judge or magistrate may prohibit that |
11 | person from operating a motor vehicle that is not equipped with an ignition interlock system as |
12 | provided in § 31-27-2.8. |
13 | (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen |
14 | hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any |
15 | controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars |
16 | ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community |
17 | restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit |
18 | of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving |
19 | license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing |
20 | judge shall require attendance at a special course on driving while intoxicated or under the influence |
21 | of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, |
22 | that the court may permit a servicemember or veteran to complete any court-approved counseling |
23 | program administered or approved by the Veterans’ Administration. The sentencing judge or |
24 | magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) |
25 | or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and |
26 | urine testing as provided in § 31-27-2.8. |
27 | (2)(i) Every person convicted of a second violation within a ten-year (10) period with a |
28 | blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than |
29 | fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or |
30 | who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every |
31 | person convicted of a second violation within a ten-year (10) period, regardless of whether the prior |
32 | violation and subsequent conviction was a violation and subsequent conviction under this statute |
33 | or under the driving under the influence of liquor or drugs statute of any other state, shall be subject |
34 | to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended |
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1 | for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten |
2 | (10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult |
3 | correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight |
4 | (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require |
5 | alcohol or drug treatment for the individual; provided, however, that the court may permit a |
6 | servicemember or veteran to complete any court-approved counseling program administered or |
7 | approved by the Veterans’ Administration and shall prohibit that person from operating a motor |
8 | vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition |
9 | interlock system and/or blood and urine testing as provided in § 31-27-2.8. |
10 | (ii) Every person convicted of a second violation within a ten-year (10) period whose blood |
11 | alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by |
12 | a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, |
13 | toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory |
14 | imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less |
15 | than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) |
16 | years from the date of completion of the sentence imposed under this subsection. The sentencing |
17 | judge shall require alcohol or drug treatment for the individual; provided, however, that the court |
18 | may permit a servicemember or veteran to complete any court approved counseling program |
19 | administered or approved by the Veterans’ Administration. The sentencing judge or magistrate |
20 | shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) |
21 | of this section, that is not equipped with an ignition interlock system and/or blood and urine testing |
22 | as provided in § 31-27-2.8. |
23 | (3)(i) Every person convicted of a third or subsequent violation within a ten-year (10) |
24 | period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, |
25 | but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is |
26 | unknown or who has a blood presence of any scheduled controlled substance as defined in chapter |
27 | 28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation |
28 | and subsequent conviction under this statute or under the driving under the influence of liquor or |
29 | drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of |
30 | four hundred ($400) dollars. The person’s driving license shall be suspended for a period of two |
31 | (2) years to three (3) years, and the individual shall be sentenced to not less than one year and not |
32 | more than three (3) years in jail. The sentence may be served in any unit of the adult correctional |
33 | institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours |
34 | of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug |
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1 | treatment for the individual; provided, however, that the court may permit a servicemember or |
2 | veteran to complete any court-approved counseling program administered or approved by the |
3 | Veterans’ Administration, and shall prohibit that person from operating a motor vehicle, pursuant |
4 | to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system |
5 | and/or blood and urine testing as provided in § 31-27-2.8. |
6 | (ii) Every person convicted of a third or subsequent violation within a ten-year (10) period |
7 | whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight |
8 | as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence |
9 | of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
10 | mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory |
11 | fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); |
12 | and a mandatory license suspension for a period of three (3) years from the date of completion of |
13 | the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug |
14 | treatment for the individual. The sentencing judge or magistrate shall prohibit that person from |
15 | operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not |
16 | equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27- |
17 | 2.8. |
18 | (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent |
19 | violation within a ten-year (10) period, regardless of whether any prior violation and subsequent |
20 | conviction was a violation and subsequent conviction under this statute or under the driving under |
21 | the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the |
22 | sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the |
23 | state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund. |
24 | (4) Whoever drives or otherwise operates any vehicle in the state while under the influence |
25 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
26 | title 21, or any combination of these, when his or her license to operate is suspended, revoked, or |
27 | cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty |
28 | of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more |
29 | than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the |
30 | individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an |
31 | individual who has surrendered his or her license and served the court-ordered period of suspension, |
32 | but who, for any reason, has not had his or her license reinstated after the period of suspension, |
33 | revocation, or suspension has expired; provided, further, the individual shall be subject to the |
34 | provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent |
| LC002933/SUB A - Page 112 of 126 |
1 | offenses, and any other applicable provision of this section. |
2 | (5)(i) For purposes of determining the period of license suspension, a prior violation shall |
3 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. |
4 | (ii) Any person over the age of eighteen (18) who is convicted under this section for |
5 | operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of |
6 | these, while a child under the age of thirteen (13) years was present as a passenger in the motor |
7 | vehicle when the offense was committed shall be subject to immediate license suspension pending |
8 | prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a |
9 | first offense and may be sentenced to a term of imprisonment of not more than one year and a fine |
10 | not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent |
11 | offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not |
12 | more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing |
13 | judge shall also order a license suspension of up to two (2) years, require attendance at a special |
14 | course on driving while intoxicated or under the influence of a controlled substance, and alcohol |
15 | or drug education and/or treatment. The individual may also be required to pay a highway |
16 | assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited |
17 | in the general fund. |
18 | (6)(i) Any person convicted of a violation under this section shall pay a highway |
19 | assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The |
20 | assessment provided for by this subsection shall be collected from a violator before any other fines |
21 | authorized by this section. |
22 | (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty- |
23 | six dollars ($86). |
24 | (7)(i) If the person convicted of violating this section is under the age of eighteen (18) |
25 | years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of |
26 | public community restitution and the juvenile’s driving license shall be suspended for a period of |
27 | six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing |
28 | judge shall also require attendance at a special course on driving while intoxicated or under the |
29 | influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. |
30 | The juvenile may also be required to pay a highway assessment fine of no more than five hundred |
31 | dollars ($500) and the assessment imposed shall be deposited into the general fund. |
32 | (ii) If the person convicted of violating this section is under the age of eighteen (18) years, |
33 | for a second or subsequent violation regardless of whether any prior violation and subsequent |
34 | conviction was a violation and subsequent conviction under this statute or under the driving under |
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1 | the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory |
2 | suspension of his or her driving license until such time as he or she is twenty-one (21) years of age |
3 | and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training |
4 | school for a period of not more than one year and/or a fine of not more than five hundred dollars |
5 | ($500). |
6 | (8) Any person convicted of a violation under this section may undergo a clinical |
7 | assessment at the community college of Rhode Island’s center for workforce and community |
8 | education. Should this clinical assessment determine problems of alcohol, drug abuse, or |
9 | psychological problems associated with alcoholic or drug abuse, this person shall be referred to an |
10 | appropriate facility, licensed or approved by the department of behavioral healthcare, |
11 | developmental disabilities and hospitals, for treatment placement, case management, and |
12 | monitoring. In the case of a servicemember or veteran, the court may order that the person be |
13 | evaluated through the Veterans’ Administration. Should the clinical assessment determine |
14 | problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, |
15 | the person may have their treatment, case management, and monitoring administered or approved |
16 | by the Veterans’ Administration. |
17 | (9) Notwithstanding any other sentencing and disposition provisions contained in this |
18 | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
19 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
20 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
21 | or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a |
22 | preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, |
23 | or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of |
24 | an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition |
25 | to operating a motor vehicle as provided in § 31-27-2.8. |
26 | (10) Notwithstanding any other sentencing and disposition provisions contained in this |
27 | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
28 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
29 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
30 | or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a |
31 | preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or |
32 | both, the judge or magistrate may require an ignition interlock system in addition to blood and/or |
33 | urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. |
34 | (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per |
| LC002933/SUB A - Page 114 of 126 |
1 | one hundred cubic centimeters (100 cc) of blood. |
2 | (f)(1) There is established an alcohol and drug safety unit within the division of motor |
3 | vehicles to administer an alcohol safety action program. The program shall provide for placement |
4 | and follow-up for persons who are required to pay the highway safety assessment. The alcohol and |
5 | drug safety action program will be administered in conjunction with alcohol and drug programs |
6 | licensed by the department of behavioral healthcare, developmental disabilities and hospitals. |
7 | (2) Persons convicted under the provisions of this chapter shall be required to attend a |
8 | special course on driving while intoxicated or under the influence of a controlled substance, and/or |
9 | participate in an alcohol or drug treatment program, which course and programs must meet the |
10 | standards established by the Rhode Island department of behavioral healthcare, developmental |
11 | disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran |
12 | to complete any court-approved counseling program administered or approved by the Veterans’ |
13 | Administration. The course shall take into consideration any language barrier that may exist as to |
14 | any person ordered to attend, and shall provide for instruction reasonably calculated to |
15 | communicate the purposes of the course in accordance with the requirements of the subsection. |
16 | Any costs reasonably incurred in connection with the provision of this accommodation shall be |
17 | borne by the person being retrained. A copy of any violation under this section shall be forwarded |
18 | by the court to the alcohol and drug safety unit. In the event that persons convicted under the |
19 | provisions of this chapter fail to attend and complete the above course or treatment program, as |
20 | ordered by the judge, then the person may be brought before the court, and after a hearing as to |
21 | why the order of the court was not followed, may be sentenced to jail for a period not exceeding |
22 | one year. |
23 | (3) The alcohol and drug safety action program within the division of motor vehicles shall |
24 | be funded by general revenue appropriations. |
25 | (g) The director of the department of health is empowered to make and file with the |
26 | secretary of state regulations that prescribe the techniques and methods of chemical analysis of the |
27 | person’s body fluids or breath and the qualifications and certification of individuals authorized to |
28 | administer this testing and analysis. |
29 | (h) Jurisdiction for misdemeanor violations of this section shall be with the district court |
30 | for persons eighteen (18) years of age or older and to the family court for persons under the age of |
31 | eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to |
32 | order the suspension of any license for violations of this section. Trials in superior court are not |
33 | required to be scheduled within thirty (30) days of the arraignment date. |
34 | (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
| LC002933/SUB A - Page 115 of 126 |
1 | driving while intoxicated or under the influence of a controlled substance, public community |
2 | restitution, or jail provided for under this section can be suspended. |
3 | (j) An order to attend a special course on driving while intoxicated, that shall be |
4 | administered in cooperation with a college or university accredited by the state, shall include a |
5 | provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars |
6 | ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into |
7 | the general fund. |
8 | (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
9 | presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is |
10 | considered a chemical test. |
11 | (l) If any provision of this section, or the application of any provision, shall for any reason |
12 | be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the |
13 | section, but shall be confined in this effect to the provision or application directly involved in the |
14 | controversy giving rise to the judgment. |
15 | (m) For the purposes of this section, “servicemember” means a person who is presently |
16 | serving in the armed forces of the United States, including the Coast Guard, a reserve component |
17 | thereof, or the National Guard. “Veteran” means a person who has served in the armed forces, |
18 | including the Coast Guard of the United States, a reserve component thereof, or the National Guard, |
19 | and has been discharged under other than dishonorable conditions. |
20 | SECTION 11. Sections 35-23-2 and 35-23-6 of the General Laws in Chapter 35-23 entitled |
21 | "Rhode Island Secure Choice Retirement Savings Program Act" are hereby amended to read as |
22 | follows: |
23 | 35-23-2. Definitions. |
24 | As used in this chapter: |
25 | (1) “Eligible employee” means a person age eighteen (18) years or older who is employed |
26 | by an eligible or optional employer and has been employed for a period of not less than one hundred |
27 | twenty (120) days. “Eligible employee” does not include: |
28 | (i) Any employee covered under the federal Railway Labor Act (45 U.S.C. §§ 151—164 |
29 | and 45 U.S.C §§ 181—188), or any employee engaged in interstate commerce not subject to the |
30 | legislative powers of the state, except insofar as application of this chapter is authorized under the |
31 | United States Constitution or laws of the United States; or |
32 | (ii) Any employee on whose behalf an employer makes contributions to a Taft-Hartley |
33 | pension trust fund. |
34 | (2) “Eligible employer” means a person or entity engaged in a business, industry, |
| LC002933/SUB A - Page 116 of 126 |
1 | profession, trade, or other enterprise in the state, whether for-profit or not-for-profit, excluding the |
2 | federal government, the state, any municipal corporation, or any of the state’s units or |
3 | instrumentalities, that has five (5) or more employees and that satisfies the requirements to establish |
4 | or participate in a payroll deposit retirement savings arrangement. “Eligible employer” does not |
5 | include an employer that provides a tax-qualified retirement savings program as described in § 35- |
6 | 23-10 35-23-9. |
7 | (3) “IRA” means an individual retirement account or individual retirement annuity under |
8 | 26 U.S.C § 408 or § 408A (the federal Internal Revenue Code). |
9 | (4) “Optional employer” means a person or entity engaged in a business, industry, |
10 | profession, trade, or other enterprise in the state, whether for-profit or not-for-profit, excluding the |
11 | federal government, the state, any municipal corporation, or any of the state’s units or |
12 | instrumentalities, that has under five (5) employees. |
13 | (5) “Participating employer” means an eligible or optional employer that provides a payroll |
14 | deposit retirement savings arrangement provided for by this chapter for eligible employees. |
15 | (6) “Payroll deposit retirement savings arrangement” means an arrangement by which an |
16 | employer allows employees to remit payroll deduction contributions to the RISavers retirement |
17 | savings program. |
18 | (7) “RISavers retirement savings program” or “program” means a retirement savings |
19 | program offered by the Rhode Island secure choice retirement savings program. |
20 | (8) “State investment commission” or “commission” means the state investment |
21 | commission established pursuant to the provisions of § 35-10-1. |
22 | 35-23-6. Powers of the office of the general treasurer. |
23 | (a) The office of the general treasurer shall have the power and authority to do all of the |
24 | following: |
25 | (1) Adopt a seal and change and amend it from time to time; |
26 | (2) Make provisions for the payment of costs of administration and operation of the |
27 | program; |
28 | (3) Retain and contract with a Rhode Island public retirement system, consultants, |
29 | actuaries, counsel, auditors, and other professionals as necessary; |
30 | (4) Procure insurance against any loss in connection with the property, assets, or activities |
31 | of the program; |
32 | (5) Set minimum and maximum contribution levels in accordance with contribution limits |
33 | set for IRAs by the Internal Revenue Code; |
34 | (6) Collaborate and cooperate with private financial institutions, service providers, and |
| LC002933/SUB A - Page 117 of 126 |
1 | business, financial, trade, membership, and other organizations to the extent necessary or desirable |
2 | for the effective and efficient design, implementation, and administration of the program and to |
3 | maximize outreach to eligible or optional employers and eligible employees; |
4 | (7) Collaborate with, and evaluate the role of, licensed insurance agents and financial |
5 | advisors in assisting and providing guidance for eligible employees; |
6 | (8) Cause expenses incurred to initiate, implement, maintain, and administer the program |
7 | to be paid from contributions to, or investment returns or assets of, the program or arrangements |
8 | established under the program, to the extent permitted under state and federal law; |
9 | (9) Facilitate compliance by the retirement savings program or arrangements established |
10 | under the program with all applicable requirements for the program under the Internal Revenue |
11 | Code of 1986, including tax qualification requirements or any other applicable law and accounting |
12 | requirements, including providing or arranging for assistance to program sponsors and individuals |
13 | in complying with applicable law and tax qualification requirements in a cost-effective manner; |
14 | (10) Carry out the duties and obligations of the Rhode Island secure choice retirement |
15 | savings program pursuant to this title chapter and exercise any and all other powers as appropriate |
16 | for the effectuation of the purposes, objectives, and provisions of this title pertaining to the |
17 | program; |
18 | (11) Enter into intergovernmental agreements with any state agency to further the |
19 | successful implementation and operation of the program and all such agencies and instrumentalities |
20 | shall cooperate with the office of the general treasurer. All state agencies shall cooperate as |
21 | requested by the program in the performance of its duties under this chapter, including, unless |
22 | otherwise prohibited, the sharing of relevant data as the parties shall mutually agree; |
23 | (12) Make and enter into contracts, agreements, memoranda of understanding, |
24 | arrangements, partnerships, or other arrangements to collaborate, cooperate, coordinate, contract, |
25 | or combine resources, investments, or administrative functions with other governmental entities, |
26 | including any states or their agencies or instrumentalities that maintain or are establishing |
27 | retirement savings programs compatible with the program, including collective, common, or pooled |
28 | investments with other funds of other states’ programs with which the assets of the program and |
29 | trust are permitted by law to be collectively invested, to the extent necessary or desirable for the |
30 | effective and efficient design, administration, and implementation of the program consistent with |
31 | the purposes set forth in this title chapter, including the purpose of achieving economies of scale |
32 | and other efficiencies designed to minimize costs for the program and its participants; and |
33 | (13) Develop and implement an investment policy that defines the program’s investment |
34 | objectives, consistent with the objectives of the program, and that provides for policies and |
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1 | procedures consistent with those investment objectives. The office of the general treasurer shall |
2 | designate appropriate default investments that include a mix of asset classes, such as target date |
3 | and balanced funds. The office of the general treasurer shall seek to minimize participant fees and |
4 | expenses of investment and administration. The office of the general treasurer shall strive to design |
5 | and implement investment options available to holders of accounts established as part of the |
6 | program and other program features that are intended to achieve maximum possible income |
7 | replacement balanced with an appropriate level of risk in an IRA-based environment consistent |
8 | with the investment objectives under the policy. The investment options may encompass a range |
9 | of risk and return opportunities and allow for a rate of return commensurate with an appropriate |
10 | level of risk in view of the investment objectives under the policy. The menu of investment options |
11 | shall be determined taking into account the nature and objectives of the program, the desirability |
12 | (based on behavioral research findings) of limiting investment choices under the program to a |
13 | reasonable number, and the extensive investment choices available to participants in the event that |
14 | they roll over to an IRA outside the program. |
15 | (b) The office of the general treasurer shall adopt regulations it deems necessary to |
16 | implement this chapter consistent with the Internal Revenue Code and regulations issued pursuant |
17 | to that code to ensure that the program meets all criteria for federal tax-deferral or tax-exempt |
18 | benefits, or both. |
19 | SECTION 12. Section 37-2-82 of the General Laws in Chapter 37-2 entitled "State |
20 | Purchases" is hereby amended to read as follows: |
21 | 37-2-82. Utilization of North American Contractor Certification companies. |
22 | [Effective January 30, 2025.] |
23 | (a) All public works renovation projects that exceed an aggregate amount of one million |
24 | dollars ($1,000,000), and all new construction projects that exceed an aggregate amount of five |
25 | million dollars ($5,000,000), that include glazing work, shall have glazing work performed by |
26 | North American Contractor Certification (“NACC”) certified companies and initially, on and after |
27 | July 1, 2024, shall have one architectural glass and metal technician (“AGMT”) certified worker |
28 | employed by the company or contractor. On and after January 1, 2025, each crew performing work |
29 | that meets the criteria of this section shall have one AGMT certified worker on site. On and after |
30 | January 1, 2026, for each crew performing work that meets the criteria of this section, twenty-five |
31 | percent (25%) of that crew shall be comprised of AGMT certified individuals on site. On and after |
32 | January 1, 2027, for each crew performing work that meets the criteria of the section, fifty percent |
33 | (50%) of that crew shall be comprised of AGMT certified individuals on site. |
34 | (b) As used herein, the term “glazing work” includes, but is not limited to, replacement and |
| LC002933/SUB A - Page 119 of 126 |
1 | installation of windows, curtain walls, interior glass partitions, glass handrails, aluminum |
2 | entrances, skylights, store fronts, and general installation of architectural glass and metal. |
3 | (c)(1) The department of labor and training shall enforce the provisions of this chapter |
4 | section. If the director, or designee, determines that a violation of these provisions has occurred, |
5 | the director, or designee, shall order a hearing at a time and place to be specified, and shall give |
6 | notice, together with a copy of the complaint or the purpose thereof, or a statement of the facts |
7 | disclosed upon investigation, which notice shall be served personally or by mail on any person, |
8 | business, corporation, or entity of any kind affected thereby. |
9 | (2) The person, business, corporation, or entity shall have an opportunity to be heard in |
10 | respect to the matters complained of at the time and place specified in the notice. |
11 | (3) The hearing shall be conducted by the director, or designee. The hearing officer in the |
12 | hearing shall be deemed to have jurisdiction and dispositive authority to hear and adjudicate the |
13 | matter, and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The |
14 | enforcement of a subpoena issued under this section shall be regulated by civil practice law and the |
15 | rules of civil procedure. The hearing shall be expeditiously conducted and upon such hearing the |
16 | hearing officer shall determine the issues raised and shall make a determination and enter an order |
17 | within thirty (30) days of the close of the hearing, and forthwith serve a copy of the order, with a |
18 | notice of the filing, upon the parties to the proceeding, personally or by mail. |
19 | (4) The order shall dismiss the complaint or determine that a violation of the provisions of |
20 | this chapter section occurred. The order shall represent a final action by the department of labor |
21 | and training. |
22 | (d) Any contractor or subcontractor determined to have violated the provisions of this |
23 | chapter section shall be subject to a civil penalty of not less than one thousand five hundred dollars |
24 | ($1,500) and not greater than three thousand dollars ($3,000), and shall be subject to the revocation |
25 | of any relevant professional or occupational license, if the violation is deemed to have been |
26 | intentional or egregious. |
27 | (e) This section is applicable to all public works projects that fit the other criteria as |
28 | provided in this section. |
29 | SECTION 13. Section 39-26.1-10 of the General Laws in Chapter 39-26.1 entitled "Long- |
30 | Term Contracting Standard for Renewable Energy" is hereby amended to read as follows: |
31 | 39-26.1-10. Energy storage programs. |
32 | (a) The general assembly finds that while the commission develops new energy market |
33 | rules for the use of energy storage systems, it is in the public interest to support the deployment of |
34 | the following energy storage capacity: |
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1 | (1) Ninety megawatts (90 MW) by December 31, 2026; |
2 | (2) One hundred ninety-five megawatts (195 MW) by December 31, 2028; |
3 | (3) Six hundred megawatts (600 MW) by December 31, 2033; and |
4 | (4) Subsequent targets may be proposed and set pursuant to chapter 31 33 of title 39. |
5 | (b) The Rhode Island infrastructure bank, in consultation with the office of energy |
6 | resources, shall develop one or more programs and shall distribute funds made available pursuant |
7 | to this chapter to meet the goals established in subsection (a) of this section. |
8 | (c) The Rhode Island infrastructure bank may take in funds from the following sources in |
9 | support of this program: |
10 | (1) Money appropriated in the state budget to the fund or otherwise made available to the |
11 | infrastructure bank; |
12 | (2) Money made available to the fund through federal programs or private contributions; |
13 | (3) Application or other fees paid to the infrastructure bank to process applications; and |
14 | (4) Any other money made available to the bank. |
15 | (d) The program(s) shall establish supplemental funding efforts to support the deployment |
16 | of energy storage systems for: |
17 | (1) Residential classes of electric customers; |
18 | (2) Low-income residential classes of electric customers; |
19 | (3) Commercial and residential classes of electric customers; and |
20 | (4) Energy storage systems connected to the distribution or transmission system in front of |
21 | the meter and not associated with a customer’s electric load. |
22 | (e) The program shall provide for grants, no-interest loans, and low-interest loans to |
23 | support: |
24 | (1) The co-locate energy storage systems with distributed energy resources; or |
25 | (2) Energy storage systems that would allow for the interconnection of distributed energy |
26 | resources without distribution system upgrade costs. |
27 | (f) Any local distribution company that serves greater than one hundred thousand (100,000) |
28 | customers shall not be eligible for the financial support described in this section. |
29 | (g) The infrastructure bank shall have the authority to adopt, amend, and implement such |
30 | rules and regulations as may be necessary and desirable to effectuate the purposes of this section. |
31 | SECTION 14. Section 44-20.1-3 of the General Laws in Chapter 44-20.1 entitled "Delivery |
32 | Sales of Cigarettes" is hereby amended to read as follows: |
33 | 44-20.1-3. Age verification requirements. |
34 | (a) No person, including but not limited to online retailers, shall mail, ship, or otherwise |
| LC002933/SUB A - Page 121 of 126 |
1 | deliver cigarettes, other tobacco products, or electronic nicotine-delivery systems in connection |
2 | with a delivery sale unless such person prior to the first delivery sale to such purchaser: |
3 | (1) Obtains from the prospective purchaser a certification that includes: |
4 | (i) A reliable confirmation that the purchaser is at least the legal minimum sales age; and |
5 | (ii) A statement signed by the prospective purchaser in writing that certifies the prospective |
6 | purchaser’s address and that the purchaser is at least twenty-one (21) years of age. Such statement |
7 | shall also confirm: |
8 | (A) That the prospective purchaser understands that signing another person’s name to such |
9 | certification is illegal; |
10 | (B) That the sale of cigarettes to individuals under the legal minimum sales age is illegal; |
11 | and |
12 | (C) [Deleted by P.L. 2024, ch. 117, art. 6, § 19.] |
13 | (D) That the prospective consumer purchaser wants to receive mailings from a tobacco |
14 | company; |
15 | (2) Makes a good faith effort to verify the information contained in the certification |
16 | provided by the prospective consumer purchaser pursuant to subsection (a)(1) of this section |
17 | against a commercially available database, or obtains a photocopy or other image of the valid, |
18 | government-issued identification stating the date of birth or age of the individual placing the order; |
19 | (3) Provides to the prospective purchaser, via e-mail or other means, a notice that meets |
20 | the requirements of § 44-20.1-4; and |
21 | (4) In the case of an order for cigarettes and/or other tobacco products, and/or electronic |
22 | nicotine-delivery system products pursuant to an advertisement on the internet, receives payment |
23 | for the delivery sale from the prospective purchaser by a credit or debit card that has been issued |
24 | in such purchaser’s name or by check. |
25 | (b) Persons accepting purchase orders for delivery sales may request that the prospective |
26 | purchasers provide their e-mail addresses. |
27 | (c) The division of taxation, in consultation with the department of health, may promulgate |
28 | rules and regulations pertaining to this section. |
29 | SECTION 15. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled "Optional |
30 | Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows: |
31 | 45-21.2-9. Retirement for accidental disability. |
32 | (a) Any member in active service, regardless of length of service, is entitled to an accidental |
33 | disability retirement allowance. Application for the allowance is made by the member or on the |
34 | member’s behalf, stating that the member is physically or mentally incapacitated for further service |
| LC002933/SUB A - Page 122 of 126 |
1 | as the result of an injury or illness sustained while in the performance of duty and certifying to the |
2 | time, place, and conditions of the duty performed by the member that resulted in the alleged |
3 | disability and that the alleged disability was not the result of the willful negligence or misconduct |
4 | on the part of the member, and was not the result of age or length of service. The application shall |
5 | be made within eighteen (18) months of the alleged accident from which the injury has resulted in |
6 | the member’s present disability and shall be accompanied by an accident report and a physician’s |
7 | report certifying to the disability. If the member was able to return to his or her employment and |
8 | subsequently reinjures or aggravates the same injury or illness, the member shall make another |
9 | application within eighteen (18) months of the reinjury or aggravation that shall be accompanied |
10 | by a physician’s report certifying to the reinjury or aggravation causing the disability. If a medical |
11 | examination made by three (3) physicians engaged by the retirement board, and other investigations |
12 | as the board may make, confirms the statements made by the member, the board may grant the |
13 | member an accidental disability retirement allowance. |
14 | (b) For the purposes of subsection (a), “aggravation” shall mean an intervening work- |
15 | related trauma that independently contributes to a member’s original injury or illness that amounts |
16 | to more than the natural progression of the preexisting disease or condition and is not the result of |
17 | age or length of service. The intervening independent trauma causing the aggravation must be an |
18 | identifiable event or series of work-related events that are the proximate cause of the member’s |
19 | present condition of disability. |
20 | (c) “Occupational cancer,” as used in this section, means a cancer arising out of |
21 | employment as a firefighter, due to injury or illness due to exposures to smoke, fumes, or |
22 | carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in |
23 | the fire department. |
24 | (d) For purposes of subsection (a), “reinjury” shall mean a recurrence of the original work- |
25 | related injury or illness from a specific ascertainable event. The specific event must be the |
26 | proximate cause of the member’s present condition of disability. |
27 | (e) Any firefighter, including one employed by the state, or a municipal firefighter |
28 | employed by a municipality that participates in the optional retirement for police officers and |
29 | firefighters as provided in this chapter, who is unable to perform his or her duties in the fire |
30 | department by reason of a disabling occupational cancer (as defined in §§ 45-19.1-2 and 45-19.1- |
31 | 4) that develops or manifests itself during a period while the firefighter is in the service of the |
32 | department, and any retired member of the fire force of any city or town who develops occupational |
33 | cancer (as defined in §§ 45-19.1-2 and 45-19.1-4), is entitled to receive an occupational cancer |
34 | disability and he or she is entitled to all of the benefits provided for in this chapter, chapters 19, |
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1 | 19.1, and 21 of this title, and chapter 10 of title 36 if the firefighter is employed by the state. |
2 | (f) Any police officer or firefighter as defined in §§ 45-19-1(b) and (c) who is unable to |
3 | perform their duties by reason of post-traumatic stress injury/PTSD as set forth in § 45-19-1(a)(2) |
4 | is entitled to receive an accidental disability retirement allowance and the police officer or |
5 | firefighter is entitled to all of the benefits provided for in this chapter (including the presumption |
6 | set forth in subsection (a)(2) of this section § 45-19-1(a)(2)), chapters 19, 19.1, and 21 of this title, |
7 | and chapter 10 of title 36 if the firefighter is employed by the state. |
8 | (g) In the event that any party is aggrieved by the determination of the retirement board |
9 | pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may |
10 | submit an appeal to the Rhode Island workers’ compensation court. The appellant shall file a notice |
11 | of appeal with the retirement board and with the workers’ compensation court within twenty (20) |
12 | days of the entry of the retirement board’s decision and shall serve a copy of the notice of appeal |
13 | upon the opposing party. |
14 | (h) Within twenty (20) days of the receipt of the notice of appeal, the retirement board shall |
15 | transmit the entire record of proceedings before it, together with its order, to the workers’ |
16 | compensation court. |
17 | (i) In the event that a party files a notice of appeal to the workers’ compensation court, the |
18 | order of the retirement board shall be stayed pending further action by the court pursuant to the |
19 | provisions of § 28-35-20. |
20 | (j) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and |
21 | shall issue a notice at the time advising the parties of the judge to whom the case has been assigned |
22 | and the date for pretrial conference in accordance with § 28-35-20. |
23 | (k) All proceedings filed with the workers’ compensation court pursuant to this section |
24 | shall be de novo and shall be subject to the provisions of chapters 29 — 38 of title 28 for all case |
25 | management procedures and dispute resolution processes, as provided under the rules of the |
26 | workers’ compensation court. The workers’ compensation court shall enter a pretrial order in |
27 | accordance with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the |
28 | petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be |
29 | paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that |
30 | the retirement board files a claim for trial of the pretrial order entered by the court, the order of the |
31 | court shall be stayed until a final order or decree is entered by the court. If after trial and the entry |
32 | of a final decree the court sustains the findings and orders entered in the pretrial order, the |
33 | retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial |
34 | order was entered until the time the final decree is entered by the court. Where the matter has been |
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1 | heard and decided by the workers’ compensation court, the court shall retain jurisdiction to review |
2 | any prior orders or decrees entered by it. The petitions to review shall be filed directly with the |
3 | workers’ compensation court and shall be subject to the case management and dispute resolution |
4 | procedures set forth in chapters 29 — 38 of title 28 (“Labor and Labor Relations”). |
5 | (l) If the court determines that a member qualifies for accidental disability retirement, the |
6 | member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66⅔%) of |
7 | the rate of the member’s compensation at the date of the member’s retirement, subject to the |
8 | provisions of § 45-21-31. |
9 | (m) If the court determines that a member does not qualify for accidental disability |
10 | retirement, and after all appeals have been exhausted by the member (i.e., appeals to the workers’ |
11 | compensation appellate division and the Rhode Island supreme court), said member shall have |
12 | twenty (20) days within which to either: |
13 | (1) File an application for ordinary disability retirement pursuant to § 45-21.2-7; however, |
14 | if the member does not have the requisite time on the job to file such application, then the |
15 | participating municipality shall continue to consider the member injured on duty pursuant to § 45- |
16 | 19-1 until such time that the member has the necessary time on the job to file the application for an |
17 | ordinary disability retirement; or |
18 | (2) File an application for a service retirement pursuant to § 45-21.2-5; or |
19 | (3) Return to duty provided the member has received medical clearance to perform those |
20 | duties. |
21 | Nothing in this subsection shall prohibit the member from making an agreement with the |
22 | member’s participating municipality as to what options and benefits the member may be entitled |
23 | to in lieu of the options and benefits set forth in this subsection. In addition, nothing in this |
24 | subsection shall prohibit the member’s bargaining unit and participating municipality from entering |
25 | into a collective bargaining agreement that addresses the issues in this subsection. |
26 | ARTICLE III--EFFECTIVE DATE |
27 | SECTION 1. Article I of this act shall take effect on December 31, 2025, and Article II of |
28 | this act shall take effect upon passage. |
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LC002933/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATUTES AND STATUTORY CONSTRUCTION | |
*** | |
1 | This act makes technical amendments to the general laws, prepared at the recommendation |
2 | of the law revision office. Article I contains the reenactment of title 25, chapters 1 through 18.9 of |
3 | title 27, and chapters 1 through 46 of title 42. Article II contains the statutory construction |
4 | provisions and Article III contains the effective date. |
5 | Article I of this act would take effect on December 31, 2025 and Article II of this act would |
6 | take effect upon passage. |
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LC002933/SUB A | |
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