2026 -- H 8501 | |
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LC006193 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO STATUTES AND STATUTORY CONSTRUCTION | |
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Introduced By: Representative Christopher R. Blazejewski | |
Date Introduced: May 01, 2026 | |
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 chapters 1-16, |
3 | 18-26, 27-52 and 53-70 of title 45 of the General Laws of Rhode Island, including every section |
4 | therein, and any chapters and sections thereof not included in this act may be, and are hereby, |
5 | reenacted as if fully set forth herein. |
6 | SECTION 2. Section 45-9-7 of the General Laws in Chapter 45-9 entitled "Budget |
7 | Commissions" is hereby amended to read as follows: |
8 | 45-9-7. Appointment of receiver. |
9 | (a) If the budget commission established by § 45-9-5 concludes that its powers are |
10 | insufficient to restore fiscal stability to the city, town, or fire district, it shall so notify the director |
11 | of revenue and shall forward to the director of revenue a statement of the reasons why it has been |
12 | unable to restore fiscal stability to the city, town, or fire district. Upon receipt of such statement, |
13 | the director of revenue shall terminate the existence of the budget commission, notwithstanding § |
14 | 45-9-5, and the director of revenue shall appoint a receiver for the city, town, or fire district for a |
15 | period as the director of revenue may determine. The director of revenue may, at any time, and |
16 | without cause, remove the receiver and appoint a successor, or terminate the receivership. |
17 | (b) The receiver shall have the following powers: |
18 | (1) All powers of the fiscal overseer and budget commission under §§ 45-9-2 and 45-9-6. |
19 | Such powers shall remain through the period of any receivership; |
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1 | (2) The power to exercise any function or power of any municipal or fire district officer or |
2 | employee, board, authority or commission, whether elected or otherwise relating to or impacting |
3 | the fiscal stability of the city, town, or fire district including, without limitation, school and zoning |
4 | matters; and |
5 | (3) The power to file a petition in the name of the city, town, or fire district under Chapter |
6 | 9 of Title 11 of the United States Code, and to act on the city’s, town’s, or fire district’s behalf in |
7 | any such proceeding. |
8 | (c) Upon the appointment of a receiver, the receiver shall have the right to exercise the |
9 | powers of the elected officials under the general laws, special laws and the city, town, or fire district |
10 | charter and ordinances and rules and regulations relating to or impacting the fiscal stability of the |
11 | city, town, or fire district including, without limitation, school and zoning matters; provided, |
12 | further, that the powers of the receiver shall be superior to and supersede the powers of the elected |
13 | officials of the city, town, or fire district who shall continue to be elected in accordance with the |
14 | city or town or fire district charter, and shall serve in an advisory capacity to the receiver. The |
15 | receiver shall allow the city’s, town’s, or fire district’s elected officials to serve their constituents |
16 | by providing advice to the receiver on the matters relating to the operation of the city, town, or fire |
17 | district. In the event a conflict arises between the chief elected official or city or town council or |
18 | fire district governing body and the receiver, the receiver’s decision shall prevail. The director of |
19 | revenue shall determine the salary of the receiver, which salary shall be payable by the city, town, |
20 | or fire district. |
21 | SECTION 3. Sections 45-19-1 and 45-19-2 of the General Laws in Chapter 45-19 entitled |
22 | "Relief of Injured and Deceased Fire Fighters and Police Officers" are hereby amended to read as |
23 | follows: |
24 | 45-19-1. Salary payment during line of duty illness or injury. |
25 | (a)(1) Whenever any police officer of the Rhode Island airport corporation or whenever |
26 | any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or |
27 | deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially |
28 | incapacitated by reason of injuries received or sickness contracted in the performance of their duties |
29 | or due to their rendering of emergency assistance within the physical boundaries of the state of |
30 | Rhode Island at any occurrence involving the protection or rescue of human life which necessitates |
31 | that they respond in a professional capacity when they would normally be considered by their |
32 | employer to be officially off-duty, the respective city, town, fire district, state of Rhode Island, or |
33 | Rhode Island airport corporation by which the police officer, firefighter, crash rescue crewperson, |
34 | fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, during the period |
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1 | of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire marshal, chief |
2 | deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which the police |
3 | officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire |
4 | marshal, would be entitled had he or she not been incapacitated, and shall pay the medical, surgical, |
5 | dental, optical, or other attendance, or treatment, nurses, and hospital services, medicines, crutches, |
6 | and apparatus for the necessary period, except that if any city, town, fire district, the state of Rhode |
7 | Island, or Rhode Island airport corporation provides the police officer, firefighter, crash rescue |
8 | crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, with insurance coverage |
9 | for the related treatment, services, or equipment, then the city, town, fire district, the state of Rhode |
10 | Island, or Rhode Island airport corporation is only obligated to pay the difference between the |
11 | maximum amount allowable under the insurance coverage and the actual cost of the treatment, |
12 | service, or equipment. In addition, the cities, towns, fire districts, the state of Rhode Island, or |
13 | Rhode Island airport corporation shall pay all similar expenses incurred by a member who has been |
14 | placed on a disability pension and suffers a recurrence of the injury or illness that dictated his or |
15 | her disability retirement, subject to the provisions of subsection (j) herein. |
16 | (2) A police officer or firefighter diagnosed with post-traumatic stress disorder (as |
17 | described in the Diagnostic and Statistical Manual of Mental Disorders, current edition, published |
18 | by the American Psychiatric Association) by an individual who holds the title of an independent |
19 | licensed mental health professional with a master’s degree, related to the exposure of potentially |
20 | traumatic events, resulting from their acting within the course of their employment or from the |
21 | rendering of emergency assistance in the state of Rhode Island, at any occurrence involving the |
22 | protection or the rescue of human life while off-duty, as set forth in subsection (h) of this section, |
23 | shall be presumed to have sustained an injury in the line of duty, as that term is used in subsection |
24 | (a)(1) of this section, unless the contrary is proven by a fair preponderance of the evidence that the |
25 | post-traumatic stress injury/PTSD is not related to their job as a police officer or firefighter. The |
26 | benefits provided for under this section shall not be extended to a police officer or firefighter, if |
27 | their post-traumatic stress injury/PTSD diagnosis arises out of any disciplinary action, work |
28 | evaluation, job transfer, layoff, demotion, termination, or similar adverse job actions. |
29 | (b) As used in this section, “police officer” means and includes any chief or other member |
30 | of the police department of any city or town regularly employed at a fixed salary or wage and any |
31 | deputy sheriff, member of the fugitive task force, or capitol police officer, permanent |
32 | environmental police officer or criminal investigator of the department of environmental |
33 | management, or airport police officer. |
34 | (c) As used in this section, “firefighter” means and includes any chief or other member of |
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1 | the fire department or rescue personnel of any city, town, or fire district, and any person employed |
2 | as a member of the fire department of the town of North Smithfield, or fire department or district |
3 | in any city or town. |
4 | (d) As used in this section, “crash rescue crewperson” means and includes any chief or |
5 | other member of the emergency crash rescue section, division of airports, or department of |
6 | transportation of the state of Rhode Island regularly employed at a fixed salary or wage. |
7 | (e) As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire |
8 | marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals |
9 | regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title |
10 | 23. |
11 | (f) Any person employed by the state of Rhode Island, except for sworn employees of the |
12 | Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title, shall |
13 | be subject to the provisions of chapters 29 — 38 of title 28 for case management procedures and |
14 | dispute resolution by the workers’ compensation court, for all petitions filed on or after July 1, |
15 | 2025, for the following benefit and disability determinations: |
16 | (1) The nature and status of disability of the injured employee; |
17 | (2) The nature and location of injury relative to the work incident; |
18 | (3) Maximum medical improvement (MMI), as it is defined under § 28-33-2(9) 28-29-2; |
19 | (4) All issues of legal and/or medical causation; and |
20 | (5) The assignment of fees and costs pursuant to the provisions of § 28-35-32. |
21 | The court may, in its discretion, appoint an impartial medical examiner in accordance with |
22 | § 28-33-35. The court shall hereby be empowered to enforce all of its orders, decrees, and consent |
23 | agreements of the parties. |
24 | (g) In order to receive the benefits provided for under this section, a police officer or |
25 | firefighter must prove to their employer that they had reasonable grounds to believe that there was |
26 | an emergency that required an immediate need for their assistance for the protection or rescue of |
27 | human life. |
28 | (h) Any claims to the benefits provided for under this section resulting from the rendering |
29 | of emergency assistance in the state of Rhode Island at any occurrence involving the protection or |
30 | rescue of human life while off-duty, shall first require those covered by this section to submit a |
31 | sworn declaration to their employer attesting to the date, time, place, and nature of the event |
32 | involving the protection or rescue of human life causing the professional assistance to be rendered |
33 | and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn |
34 | declarations shall also be required from any available witness to the alleged emergency involving |
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1 | the protection or rescue of human life. |
2 | (i) All declarations required under this section shall contain the following language: |
3 | “Under penalty of perjury, I declare and affirm that I have examined this declaration, |
4 | including any accompanying schedules and statements, and that all statements contained herein are |
5 | true and correct.” |
6 | (j) Any person, not employed by the state of Rhode Island, receiving injured-on-duty |
7 | benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for |
8 | accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an |
9 | accidental disability retirement allowance from the state retirement board not later than the later of |
10 | eighteen (18) months after the date of the person’s injury that resulted in the person’s injured-on- |
11 | duty status or sixty (60) days from the date on which the treating physician certifies that the person |
12 | has reached maximum medical improvement. Nothing herein shall be construed to limit or alter |
13 | any and all rights of the parties with respect to independent medical examination or otherwise, as |
14 | set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any |
15 | person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose |
16 | permanent nature is readily obvious and ascertainable shall be required to apply for an accidental |
17 | disability retirement allowance within sixty (60) days from the date on which the treating physician |
18 | certifies that the person’s injury is permanent, or sixty (60) days from the date on which the |
19 | determination of permanency is made in accordance with the independent medical examination |
20 | procedures as set forth in the applicable collective bargaining agreement. |
21 | (1) If a person with injured-on-duty status fails to apply for an accidental disability |
22 | retirement allowance from the state retirement board within the time frame set forth above, that |
23 | person’s injured-on-duty payment shall terminate. Further, any person suffering a static and |
24 | incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental |
25 | disability benefit allowance as set forth in subsection (j) shall have their injured-on-duty payment |
26 | terminated. |
27 | (2) A person who so applies shall continue to receive injured-on-duty payments, and the |
28 | right to continue to receive IOD payments of a person who so applies shall terminate in the event |
29 | of a final ruling of the workers’ compensation court allowing accidental disability benefits. Nothing |
30 | herein shall be construed to limit or alter any and all rights of the parties with respect to independent |
31 | medical examination or otherwise, as set forth in the applicable collective bargaining agreement. |
32 | (k) Any person employed by the state of Rhode Island who is currently receiving injured- |
33 | on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled |
34 | to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state |
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1 | retirement board for accidental retirement disability, shall apply for an accidental disability |
2 | retirement allowance from the state retirement board the later of eighteen (18) months after the date |
3 | of the person’s injury that resulted in the person’s injured-on-duty status or sixty (60) days from |
4 | the date on which the treating physician certifies that the person has reached maximum medical |
5 | improvement. Nothing herein shall be construed to limit or alter any and all rights of the parties |
6 | with respect to independent medical examination or otherwise, as set forth in the applicable |
7 | collective bargaining agreement. Notwithstanding the forgoing, any person receiving injured-on- |
8 | duty benefits as the result of a static and incapacitating injury whose permanent nature is readily |
9 | obvious and ascertainable shall be required to apply for an accidental disability retirement |
10 | allowance within sixty (60) days from the date on which a treating physician or an independent |
11 | medical examiner certifies that the person’s injury is permanent, or sixty (60) days from the date |
12 | on which such determination of permanency is made in accordance with the independent medical |
13 | examination procedures as set forth in the applicable collective bargaining agreement. |
14 | (1) If a person employed by the state of Rhode Island with injured-on-duty status fails to |
15 | apply for an accidental disability retirement allowance from the state retirement board within the |
16 | time frame set forth in subsection (k) above, that person’s injured-on-duty payment shall terminate. |
17 | Further, any person employed by the state of Rhode Island suffering a static and incapacitating |
18 | injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit |
19 | allowance as set forth in subsection (k) shall have his or her injured-on-duty payment terminated. |
20 | (2) A person employed by the state of Rhode Island who so applies shall continue to receive |
21 | injured-on-duty payments, and the right to continue to receive injured-on-duty payments of a |
22 | person who so applies shall terminate upon final adjudication by the state retirement board |
23 | approving or denying either ordinary or accidental disability payments and, notwithstanding § 45- |
24 | 31.2-9, this termination of injured-on-duty benefits shall not be stayed. |
25 | (3)(i) Notwithstanding any other provision of law, all persons employed by the state of |
26 | Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who |
27 | have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18) |
28 | months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply |
29 | for an accidental disability retirement benefit allowance. Any person employed by the state of |
30 | Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of |
31 | July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen |
32 | (18) months of the date of injury that resulted in the person receiving injured-on-duty pay; provided |
33 | however, said person shall have a minimum of ninety (90) days to apply. |
34 | Applications for disability retirement received by the state retirement board by any person |
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1 | employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed |
2 | untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an |
3 | accidental disability retirement benefit allowance. Failure to apply for an accidental disability |
4 | retirement benefit allowance within the timeframe set forth herein shall result in the termination of |
5 | injured-on-duty benefits. |
6 | (ii) Any person employed by the state of Rhode Island receiving injured-on-duty payments |
7 | who has been issued a final adjudication of the state retirement board on an application for an |
8 | ordinary or accidental disability benefit, either approving or denying the application, shall have his |
9 | or her injured-on-duty payments terminated. |
10 | (4) If awarded an accidental disability pension, any person employed by the state of Rhode |
11 | Island covered under this section shall receive benefits consistent with § 36-10-15. |
12 | 45-19-2. Board of police officer’s relief. |
13 | Within the department of labor and training there is a board of police officer’s relief |
14 | consisting of seven (7) members which administers the fund for the relief of police officers as |
15 | provided by law. Five (5) members of the board appointed by the director of labor and training; |
16 | provided, that four (4) of the five (5) members must be actually occupied and working as full-time |
17 | police officers in the police force of some municipality in this state. These four (4) full-time police |
18 | are selected, two (2) each, from a list of six (6) candidates submitted by the Rhode Island State |
19 | Lodge Fraternal Order of Police and the International Brotherhood of Police Officers. The sixth |
20 | member is appointed by the Rhode Island Police Chiefs’ Association as a representative of the |
21 | conference association on the board. The seventh member is appointed by the Providence Retired |
22 | Police and Fire Association, and must be a retired Providence police officer; provided, further, that |
23 | all financial powers and duties concerning the board of police officer’s relief are administered by |
24 | the general treasurer. |
25 | SECTION 4. Section 45-21-52 of the General Laws in Chapter 45-21 entitled "Retirement |
26 | of Municipal Employees" is hereby amended to read as follows: |
27 | 45-21-52. Automatic increase in service retirement allowance. |
28 | (a) The local legislative bodies of the cities and towns may extend to their respective |
29 | employees automatic adjustment increases in their service retirement allowances, by a resolution |
30 | accepting any of the plans described in this section: |
31 | (1) Plan A. All employees and beneficiaries of those employees receiving a service |
32 | retirement or disability retirement allowance under the provisions of this chapter on December 31 |
33 | of the year their city or town accepts this section, receive a cost of living adjustment equal to one |
34 | and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for |
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1 | each calendar year the retirement allowance has been in effect. This cost of living adjustment is |
2 | added to the amount of the retirement allowance as of January 1 following acceptance of this |
3 | provision, and an additional one and one-half percent (1.5%) is added to the original retirement |
4 | allowance in each succeeding year during the month of January, and provided, further, that this |
5 | additional cost of living increase is three percent (3%) for the year beginning January 1 of the year |
6 | the plan is accepted and each succeeding year. |
7 | (2) Plan B. All employees and beneficiaries of those employees receiving a retirement |
8 | allowance under the provisions of this chapter on December 31 of the year their municipality |
9 | accepts this section, receive a cost of living adjustment equal to three percent (3%) of their original |
10 | retirement allowance. This adjustment is added to the amount of the retirement allowance as of |
11 | January 1 following acceptance of this provision, and an additional three percent (3%) of the |
12 | original retirement allowance, not compounded, is payable in each succeeding year in the month |
13 | of January. |
14 | (3) Plan C. All employees and beneficiaries of those employees who retire on or after |
15 | January 1 of the year following acceptance of this section, on the first day of January next following |
16 | the date of the retirement, receive a cost of living adjustment in an amount equal to three percent |
17 | (3%) of the original retirement allowance. |
18 | (b) In each succeeding year in the month of January, the retirement allowance is increased |
19 | an additional three percent (3%) of the original retirement allowance, not compounded. |
20 | (c) This subsection (c) shall be effective for the period July 1, 2012, through June 30, 2015. |
21 | (1) Notwithstanding any other subsections of this section, and subject to subsection (c)(2) |
22 | below, for all present and former employees, active and retired members, and beneficiaries |
23 | receiving any retirement, disability or death allowance or benefit of any kind by reason of adoption |
24 | of this section by their employer, the annual benefit adjustment provided in any calendar year under |
25 | this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined |
26 | by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average |
27 | Investment Return of the retirement system determined as of the last day of the plan year preceding |
28 | the calendar year in which the adjustment is granted, said percentage not to exceed four percent |
29 | (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the member’s |
30 | retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, |
31 | such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage |
32 | as determined under (c)(1)(A) above. The “Five-Year Average Investment Return” shall mean the |
33 | average of the investment returns of the most recent five (5) plan years as determined by the |
34 | retirement board. Subject to subsection (c)(2) below, the benefit adjustment provided by this |
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1 | subsection (c)(1) shall commence upon the third (3rd) anniversary of the date of retirement or the |
2 | date on which the retiree reaches their Social Security retirement age, whichever is later; or for |
3 | municipal police and fire retiring under the provisions of chapter 21.2 of this title, the benefit |
4 | adjustment provided by this subsection (c)(1) shall commence on the later of the third (3rd) |
5 | anniversary of the date of retirement or the date on which the retiree reaches age fifty-five (55). In |
6 | the event the retirement board adjusts the actuarially assumed rate of return for the system, either |
7 | upward or downward, the subtrahend shall be adjusted either upward or downward in the same |
8 | amount. |
9 | (2) Except as provided in subsection (c)(3) the benefit adjustments provided under this |
10 | section for any plan year shall be reduced to twenty-five percent (25%) of the benefit adjustment |
11 | for each municipal plan within the municipal employees’ retirement system unless the municipal |
12 | plan is determined to be funded at a Funded Ratio equal to or greater than eighty percent (80%) as |
13 | of the end of the immediately preceding plan year in accordance with the retirement system’s |
14 | actuarial valuation report as prepared by the system’s actuary, in which event the benefit adjustment |
15 | will be reinstated for all members for such plan year. |
16 | In determining whether a funding level under this subsection (c)(2) has been achieved, the |
17 | actuary shall calculate the funding percentage after taking into account the reinstatement of any |
18 | current or future benefit adjustment provided under this section. |
19 | (3) Notwithstanding subsection (c)(2), for each municipal plan that has a Funded Ratio of |
20 | less than eighty percent (80%) as of June 30, 2012, in each fifth plan year commencing after June |
21 | 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of |
22 | five (5) plan years, a benefit adjustment shall be calculated and made in accordance with subsection |
23 | (c)(1) above until the municipal plan’s Funded Ratio exceeds eighty percent (80%). |
24 | (d) This subsection (d) shall become effective July 1, 2015. |
25 | (1)(A) As soon as administratively reasonable following the enactment into law of this |
26 | subsection (d)(1)(A), a one-time benefit adjustment shall be provided to members and/or |
27 | beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent |
28 | (2%) of the lesser of either the employee’s retirement allowance or the first twenty-five thousand |
29 | dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be |
30 | provided without regard to the retiree’s age or number of years since retirement. |
31 | (B) Notwithstanding the prior subsections of this section, for all present and former |
32 | employees, active and retired employees, and beneficiaries receiving any retirement, disability or |
33 | death allowance or benefit of any kind by reason of adoption of this section by their employer, the |
34 | annual benefit adjustment provided in any calendar year under this section for adjustments on and |
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1 | after January 1, 2016, and subject to subsection (d)(2) below, shall be equal to (I) multiplied by |
2 | (II): |
3 | (I) shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where: |
4 | (i) is equal to the percentage determined by subtracting five and one-half percent (5.5%) |
5 | (the “subtrahend”) from the five-year average investment return of the retirement system |
6 | determined as of the last day of the plan year preceding the calendar year in which the adjustment |
7 | is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent |
8 | (0%). The “five-year average investment return” shall mean the average of the investment returns |
9 | of the most recent five (5) plan years as determined by the retirement board. In the event the |
10 | retirement board adjusts the actuarially assumed rate of return for the system, either upward or |
11 | downward, the subtrahend shall be adjusted either upward or downward in the same amount. |
12 | (ii) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer |
13 | Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor |
14 | Statistics determined as of September 30 of the prior calendar year. |
15 | In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less |
16 | than zero percent (0%). |
17 | (II) is equal to the lesser of either the member’s retirement allowance or the first twenty- |
18 | five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount |
19 | to be indexed annually in the same percentage as determined under (d)(1)(B)(I) above. |
20 | The benefit adjustments provided by this subsection (d)(1)(B) shall be provided to all |
21 | retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, |
22 | and for all other retirees the benefit adjustments shall commence upon the third anniversary of the |
23 | date of retirement or the date on which the retiree reaches their Social Security retirement age, |
24 | whichever is later; or for municipal police and fire retiring under the provisions of § 45-21.2- |
25 | 5(b)(1)(A) 45-21.2-5(b)(1), the benefit adjustment provided by this subsection (d)(1)(B) shall |
26 | commence on the later of the third anniversary of the date of retirement or the date on which the |
27 | retiree reaches age fifty-five (55); or for municipal police and fire retiring under the provisions of |
28 | § 45-21.2-5(b)(1)(B) 45-21.2-5(b)(2), the benefit adjustment provided by this subsection (d)(1)(B) |
29 | shall commence on the later of the third anniversary of the date of retirement or the date on which |
30 | the retiree reaches age fifty (50). |
31 | (2) Except for municipal employees and/or beneficiaries of municipal employees who |
32 | retired on or before June 30, 2012, the benefit adjustments under subsection (d)(1)(B) for any plan |
33 | year shall be reduced to twenty-five percent (25%) of the benefit adjustment for each municipal |
34 | plan within the municipal employees’ retirement system unless the municipal plan is determined to |
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1 | be funded at a funded ratio equal to or greater than eighty percent (80%) as of the end of the |
2 | immediately preceding plan year in accordance with the retirement system’s actuarial valuation |
3 | report as prepared by the system’s actuary, in which event the benefit adjustment will be reinstated |
4 | for all members for such plan year. Effective July 1, 2024, the funded ratio for each municipal plan |
5 | within the municipal employees’ retirement system, calculated by the system’s actuary, of equal to |
6 | or greater than eighty percent (80%) for the benefit adjustment to be reinstated for all members for |
7 | such plan year shall be replaced with seventy-five percent (75%). |
8 | In determining whether a funding level under this subsection (d)(2) has been achieved, the |
9 | actuary shall calculate the funding percentage after taking into account the reinstatement of any |
10 | current or future benefit adjustment provided under this section. |
11 | (3) Effective for members and/or beneficiaries of members who retired after June 30, 2012, |
12 | or on or before June 30, 2015, the dollar amount in (d)(1)(B)(II) of twenty-five thousand eight |
13 | hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six |
14 | dollars ($31,026) until the municipal plan’s funded ratio exceeds eighty percent (80%). Effective |
15 | July 1, 2024, the funded ratio for each municipal plan within the municipal employees’ retirement |
16 | system, calculated by the system’s actuary, of exceeding eighty percent (80%) for the benefit |
17 | adjustment to be reinstated for all members for such plan year shall be replaced with seventy-five |
18 | percent (75%). |
19 | (e) Upon acceptance of any of the plans in this section, each employee shall on January 1 |
20 | next succeeding the acceptance, contribute by means of salary deductions, pursuant to § 45-21-41, |
21 | one percent (1%) of the employee’s compensation concurrently with and in addition to |
22 | contributions otherwise being made to the retirement system. |
23 | (f) The city or town shall make any additional contributions to the system, pursuant to the |
24 | terms of § 45-21-42, for the payment of any benefits provided by this section. |
25 | (g) The East Greenwich town council shall be allowed to accept Plan C of subsection (a)(3) |
26 | of this section for all employees of the town of East Greenwich who either, pursuant to contract |
27 | negotiations, bargain for Plan C, or who are non-union employees who are provided with Plan C |
28 | and who shall all collectively be referred to as the “Municipal-COLA Group” and shall be separate |
29 | from all other employees of the town and school department, union or non-union, who are in the |
30 | same pension group but have not been granted Plan C benefits. Upon acceptance by the town |
31 | council, benefits in accordance with this section shall be available to all such employees who retire |
32 | on or after January 1, 2003. |
33 | (h) Effective for members and/or beneficiaries of members who have retired on or before |
34 | July 1, 2015, and without regard to whether the retired member or beneficiary is receiving a benefit |
| LC006193 - Page 11 of 115 |
1 | adjustment under this section, a one-time stipend of five hundred dollars ($500) shall be payable |
2 | within sixty (60) days following the enactment of the legislation implementing this provision, and |
3 | a second one-time stipend of five hundred dollars ($500) in the same month of the following year. |
4 | These stipends shall not be considered cost of living adjustments under the prior provisions of this |
5 | section. |
6 | SECTION 5. Section 45-31-9 of the General Laws in Chapter 45-31 entitled |
7 | "Redevelopment Agencies" is hereby amended to read as follows: |
8 | 45-31-9. Agencies created. |
9 | (a) There is created in each community a redevelopment agency to be known as the |
10 | redevelopment agency of the community. |
11 | (b) Redevelopment agencies may also be created by public law for the purposes of |
12 | exercising the powers set forth in chapters 31-33 of this title, provided an ordinance of the |
13 | legislative body of the community authorizes the exercise of the provisions of the public law for |
14 | the purposes of these chapters. The provisions of §§ 45-31-12, 45-31-13, 45-31-14, 45-31-15, and |
15 | 45-31-21 that are inconsistent with such a public law shall be deemed to be superseded by the |
16 | public law and not applicable to the redevelopment agency thereby created, upon adoption of the |
17 | ordinance putting into effect the purposes of the public law. Where authorized by such a special |
18 | act, the term “blighted area and substandard area” shall be deemed to include areas where the |
19 | presence of hazardous materials, as defined in § 23-19.14-2, impairs the use, reuse, or |
20 | redevelopment of impacted sites. |
21 | SECTION 6. Section 45-31.2-10 of the General Laws in Chapter 45-31.2 entitled "Uniform |
22 | Relocation Payments" is hereby amended to read as follows: |
23 | 45-31.2-10. Payments not to be considered as income or resources. |
24 | No payment received by a displaced person under this chapter shall be considered income |
25 | or resources for the purpose of determining the eligibility or extent of eligibility of any person for |
26 | assistance under any state law, or for the purposes of determining the eligibility or extent of |
27 | eligibility of any person for assistance under any state law, or for the purposes of the state’s |
28 | personal income tax law, corporation tax law, or other tax laws. These payments shall not be |
29 | considered income or resources of any recipient of public assistance and the payments shall not be |
30 | deducted from the amount of aid to which the recipient would otherwise be entitled. |
31 | SECTION 7. Section 45-38.2-1 of the General Laws in Chapter 45-38.2 entitled "School |
32 | Building Authority Capital Fund" is hereby amended to read as follows: |
33 | 45-38.2-1. Definitions. |
34 | As used in this chapter, the following terms, unless the context requires a different |
| LC006193 - Page 12 of 115 |
1 | interpretation, shall have the following meanings: |
2 | (1) “Application” means a project proposed by a city, town, or LEA that would make |
3 | capital improvements to public school facilities consistent with project evaluation criteria and |
4 | chapter 41.1 of title 16-7; |
5 | (2) “Approved project” means any project approved for financial assistance by the Council |
6 | on Elementary and Secondary Education; |
7 | (3) “Corporation” means the Rhode Island health and educational building corporation as |
8 | set forth in chapter 38.1 of title 42 45; |
9 | (4) “Department” means the department of elementary and secondary education as |
10 | established under title 16; |
11 | (5) “Eligible project” means an application, or a portion of an application, that meets the |
12 | project evaluation criteria and approved by the council on elementary and secondary education; |
13 | (6) “Financial assistance” means any form of financial assistance provided by the |
14 | corporation to a city, town, or LEA in accordance with this chapter for all or any part of the cost of |
15 | an approved project, including, without limitation, loans, guarantees, insurance, subsidies for the |
16 | payment of debt service on loans, lines of credit, and similar forms of financial assistance; |
17 | (7) “Fund” means the school building authority capital fund; |
18 | (8) “LEA” means a local education agency, a public board of education, school committee |
19 | or other public authority legally constituted within the state for administrative control or direction |
20 | of one or more Rhode Island public elementary or secondary schools; |
21 | (9) “Market rate” means the rate the city, town, or LEA would receive on the open market |
22 | at the time of the original loan agreement as determined by the corporation in accordance with its |
23 | rules and regulations; |
24 | (10) “Project evaluation criteria” means the criteria used by the school building authority |
25 | to evaluate applications and rank eligible projects; |
26 | (11) “Project priority list” means the list of eligible projects approved by the council on |
27 | elementary and secondary education ranked in the order in which financial assistance shall be |
28 | awarded by the corporation; and |
29 | (12) “Subsidy assistance” means the credit enhancements and other measures to reduce the |
30 | borrowing costs for a city, town, or LEA. |
31 | SECTION 8. Sections 45-39.2-11 and 45-39.2-12 of the General Laws in Chapter 45-39.2 |
32 | entitled "Clear River Electric and Water District" are hereby amended to read as follows: |
33 | 45-39.2-11. Bonds. |
34 | (a) The electric and water district shall have the power and is hereby authorized from time |
| LC006193 - Page 13 of 115 |
1 | to time to issue its negotiable bonds for any of its corporate or district purposes and to secure the |
2 | payment of the bonds in such manner and by such means as may be provided in the resolution or |
3 | resolutions of the electric and water district authorizing the bonds, subject to the regulatory |
4 | jurisdiction of the division of public utilities and carriers in the manner prescribed in § 39-3-15, |
5 | where applicable. |
6 | (b) The electric and water district is specifically authorized to secure bonds that it may |
7 | issue from time to time by a pledge of, or creation of other security interest in, the revenues of the |
8 | electric and water district, which pledge or security interest may be enforceable by the grant of a |
9 | conditional franchise, in the event of default in the payment of the bonds, entitling the secured party |
10 | or trustee to enter upon and take control of the electric and water district’s facilities and service and |
11 | to provide utility service and receive the revenues from the electric and water district’s facilities |
12 | and service for such period, not exceeding forty (40) years, as may be necessary to recover all |
13 | payments due on the bonds. |
14 | (c) The bonds of the electric and water district shall be authorized by resolution of the board |
15 | of utility commissioners. The bonds shall bear such date or dates, mature at such time or times not |
16 | exceeding forty (40) years from their issuance, bear interest at such rate or rates payable at such |
17 | time or times, be in such denominations and in such form, carry such registration privileges, be |
18 | executed in such manner, be payable in such medium of payment, at such place or places and such |
19 | time or times and be subject to redemption at such premium, if required, and on such terms, as the |
20 | resolution may provide. The bonds so authorized and issued pursuant to this chapter may be sold |
21 | at public or private sale for any price or prices that the electric and water district shall determine. |
22 | (d) Pending the issuance of bonds in definitive form, the electric and water district may |
23 | issue bond anticipation notes or interim receipts in such form as the board of utility commissioners |
24 | may elect. |
25 | (e) The electric and water district is hereby authorized to provide for the issuance of |
26 | refunding bonds of the electric and water district for the purpose of refunding any bonds then |
27 | outstanding which shall have been issued under the provisions of this chapter, including the |
28 | payment of any redemption premium on the bonds or interest accrued or to accrue to the earliest or |
29 | subsequent date of redemption, purchase, or maturity of the bonds and, if deemed advisable by the |
30 | electric and water district, for the additional purpose of paying all or a part of the cost of acquiring, |
31 | constructing, reconstructing, rehabilitating, or improving any property, facilities, or systems or |
32 | parts of property, facilities, or systems of the electric and water district. The proceeds of bond or |
33 | notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the |
34 | discretion of the electric and water district, to the purchase, retirement at maturity, or redemption |
| LC006193 - Page 14 of 115 |
1 | of outstanding bonds or notes either on their earliest or a subsequent redemption date and may, |
2 | pending that application, be placed in escrow in the same manner and through the same means as |
3 | are generally available to and incumbent upon political subdivisions of the state. |
4 | (f) It is hereby declared that the electric and water district and the carrying out of its |
5 | corporate, district, and political subdivision purposes is in all respects for the benefit of the people |
6 | of the state and for the improvement of their health, welfare, and prosperity, and the electric and |
7 | water district will be performing an essential governmental function in the exercise of the powers |
8 | conferred by this chapter. The state therefore covenants with the holders of the electric and water |
9 | district’s bonds that the electric and water district shall not be required to pay taxes or payments in |
10 | lieu of taxes to the state or any other political subdivision of the state upon any property of the |
11 | electric and water district or under its jurisdiction, control, or supervision, or upon any of the |
12 | electric and water district’s activities in the operation or maintenance of the property or upon any |
13 | earnings, revenues, monies, or other income derived by the electric and water district, and that the |
14 | bonds of the electric and water district and the income from the bonds shall at all times be exempt |
15 | from taxation by the state and its political subdivisions. Notwithstanding the foregoing, nothing in |
16 | this section shall be deemed to prohibit the division of public utilities and carriers, the public |
17 | utilities commission, and the department of attorney general from assessing the utility in |
18 | accordance with the provisions of §§ 39-1-23, 39-1-26, 39-19-9, and 39-19-14. |
19 | (g) The state does hereby pledge to and agree with the holders of the bonds, notes, or other |
20 | evidence of an indebtedness of the electric and water district that the state will not limit or alter the |
21 | rights vested in the electric and water district until the bonds, notes, or other evidence of |
22 | indebtedness, together with the interest on the debt, are fully met and discharged. |
23 | (h) Any resolution or resolutions authorizing any bond, or any issue of bonds, may contain |
24 | provisions which shall be a part of the contract with the bondholders of the bonds thereby |
25 | authorized, as to: |
26 | (1) Pledging all or any part of the money, earnings, income, and revenues derived from all |
27 | or any part of the property of the electric and water district to secure the payment of any bonds or |
28 | of any issue of bonds subject to such agreements with bondholders as may then exist; |
29 | (2) The rates to be fixed and the charges to be collected and the amounts to be raised in |
30 | each year and the use and disposition of the earnings and other revenue; |
31 | (3) The setting aside of reserves and the creation of sinking funds and the regulation and |
32 | disposition thereof; |
33 | (4) Limitations on the right of the electric and water district to restrict and regulate the use |
34 | of the properties in connection with which the bonds are issued; |
| LC006193 - Page 15 of 115 |
1 | (5) Limitations on the purposes to which the proceeds of sale of any issue of bonds may be |
2 | put; |
3 | (6) Limitations on the issuance of additional bonds, including refunding bonds and the |
4 | terms upon which additional bonds may be issued and secured; |
5 | (7) The procedure, if any, by which the terms of any contract with bondholders may be |
6 | amended or abrogated, the percentage of bondholders whose consent shall be required for such |
7 | amendment or abrogation, and the manner in which consent may be given; |
8 | (8) The creation of special funds into which any earnings or revenues of the electric and |
9 | water district may be deposited, and the investment of the funds; |
10 | (9) The appointment of a fiscal agent and the determination of its powers and duties; |
11 | (10) Limitations on the power of the electric and water district to sell or otherwise dispose |
12 | of its properties; |
13 | (11) The preparation of annual budgets by the authority electric and water district and |
14 | the employment of consultants and auditors; |
15 | (12) The rights and remedies of bondholders in the event of failure on the part of the electric |
16 | and water district to perform any covenant or agreement relating to a bond indenture; |
17 | (13) Covenanting that as long as any bonds are outstanding the electric and water district |
18 | shall use its best efforts to establish and maintain its rates and charges at levels adequate at all times |
19 | to pay and provide for all operating expenses of the electric and water district, all payments of |
20 | principal, redemption premium (if any), and interest on bonds, notes, or other evidences of |
21 | indebtedness incurred or assumed by the electric and water district, all renewals, repairs, and |
22 | replacements to the property and facilities of the electric and water district, and all other amounts |
23 | which the electric and water district may be required by law to pay; and |
24 | (14) Any other matters of like or different character which in any way affect the security |
25 | or protection of the bonds. |
26 | (i) The bonds of the electric and water district are hereby made securities in which all public |
27 | officers and bodies of this state and all municipalities and municipal subdivisions, all insurance |
28 | companies and associations and other persons carrying on an insurance business, all banks, bankers, |
29 | trust companies, savings banks, and savings associations (including savings and loan associations), |
30 | building and loan associations, investment companies and other persons carrying on a banking |
31 | business, all administrators, guardians, executors, trustees and other fiduciaries and all other |
32 | persons whomsoever, who are now or may thereafter be authorized to invest in bonds or other |
33 | obligation of the state may properly and legally invest funds including capital in their control or |
34 | belonging to them. The bonds are also hereby made securities which may be deposited with and |
| LC006193 - Page 16 of 115 |
1 | shall be received by all public officers and bodies of this state, and all municipalities and municipal |
2 | subdivisions, for any purpose for which the deposit of bonds or other obligations of this state is |
3 | now or may thereafter be required. |
4 | 45-39.2-12. Money of the electric and water district. |
5 | (a) All money of the electric and water district, from whatever source derived, shall be paid |
6 | to the treasurer of the electric and water district. The money on receipt shall be deposited forthwith |
7 | in a separate bank account or accounts. The money in the accounts shall be paid out with a check |
8 | of the treasurer, on requisition by the electric and water district, or of any other person or persons |
9 | that the electric and water district may authorize to make the requisitions. All deposits of money |
10 | shall be secured by obligations of the United States or of the state, of a market value at all times |
11 | not less than the amount of deposits, and all banks and trust companies are authorized to give |
12 | security for the deposits. The electric and water district shall have the power, notwithstanding the |
13 | provisions of this section, to contract with the holders of any of its bonds as to the custody, |
14 | collection, security, investment, and payment of any money of the authority electric and water |
15 | district, or any money held in trust or otherwise for the payment of bonds or in any way to secure |
16 | the bonds, and to carry out any contract notwithstanding that the contract may be inconsistent with |
17 | the previous provisions of this section. Money held in trust or otherwise for the payment of bonds |
18 | or in any way to secure bonds and deposits of money may be secured in the same manner as the |
19 | money of the authority electric and water district, and all banks and trust companies are |
20 | authorized to give security for the deposits. |
21 | (b) Notwithstanding subsection (a) of this section, or any other provision of this chapter, |
22 | the board of utility commissioners shall have the power to authorize by resolution a loan or advance |
23 | from one utility fund of the electric and water district to another. Any such interfund advance or |
24 | loan shall be for a term specified in the authorizing resolution of the board of utility commissioners |
25 | and shall bear interest at a rate reasonably determined by the board of utility commissioners to be |
26 | consistent with the public interest implicated in all funds involved in the interfund loan or advance; |
27 | provided, however, that an interest rate set at the rate applicable to the electric and water district’s |
28 | most recent borrowing from a bank or other financial institution shall be presumptively reasonable |
29 | as the rate of interest for an interfund loan or advance. |
30 | SECTION 9. Section 45-48.1-8 of the General Laws in Chapter 45-48.1 entitled "West |
31 | Greenwich Water District" is hereby amended to read as follows: |
32 | 45-48.1-8. Condemnation power. |
33 | (a) If for any of the purposes of this act chapter, the district shall find it necessary to |
34 | acquire any real property, whether for immediate or future use, the district may find and determine |
| LC006193 - Page 17 of 115 |
1 | that the property, whether a fee simple absolute or a lesser interest, is required for the acquisition, |
2 | construction or operation of a water supply facility, and upon that determination, the property shall |
3 | be deemed to be required for public use until otherwise determined by the district; and with the |
4 | exceptions hereinafter specifically noted, the determination shall not be affected by the fact that the |
5 | property has theretofore been taken for, or is then devoted to, a public use; but the public use in the |
6 | hands or under the control of the district shall be deemed superior to the public use in the hands of |
7 | any other person, association or corporation; provided further, however, that no real property or |
8 | interest, estate or right belonging to the state shall be acquired without consent of the state; and no |
9 | real property or interest, estate or right belonging to any municipality shall be acquired without the |
10 | consent of the municipality. |
11 | (b) The district may proceed to acquire and is hereby authorized to and may proceed to |
12 | acquire property, whether a fee simple absolute or a lesser interest, by the exercise of the right of |
13 | eminent domain in the manner prescribed in this act chapter. |
14 | (c) Nothing in this section shall be construed to prohibit the district from bringing any |
15 | proceedings to remove a cloud on title or other proceedings as it may, in its discretion, deem proper |
16 | and necessary, or from acquiring any property by negotiation or purchase. |
17 | (d) The necessity for the acquisition of property under this act chapter shall be |
18 | conclusively presumed upon the adoption by the district of a vote determining that the acquisition |
19 | of property or any interest in property described in its vote is necessary for the acquisition, |
20 | construction or operation of a water supply facility. Within six (6) months after its passage, the |
21 | district shall cause to be filed in the appropriate land evidence records a copy of its vote together |
22 | with a statement signed by the chairperson or treasurer of the district that the property is taken |
23 | pursuant to this act chapter, and also a description of real property indicating the nature and extent |
24 | of the estate or interest therein taken as aforesaid and a plat thereof, a copy of the vote and statement |
25 | of the chairperson or treasurer shall be certified by the secretary of the district and the description |
26 | and plat shall be certified by the city or town clerk for the city or town where the real property lies. |
27 | (e) Forthwith thereafter the district shall cause to be filed in the superior court in and for |
28 | the county within which the real property lies a statement of the sum of money estimated to be just |
29 | compensation for the property taken, and shall deposit in the superior court to the use of the persons |
30 | entitled thereto the sum set forth in the statement. The district shall satisfy the court that the amount |
31 | so deposited with the court is sufficient to satisfy the just claims of all persons having an estate or |
32 | interest in the real property. Whenever the district satisfies the court that the claims of all persons |
33 | interested in the real property taken have been satisfied, the unexpended balance shall be ordered |
34 | repaid forthwith to the district. |
| LC006193 - Page 18 of 115 |
1 | (f) Upon the filing of the copy of the vote, statement, description and plat in the land |
2 | evidence records and upon the making of the deposit in accordance with the order of the superior |
3 | court, title to the real property in fee simple absolute or such lesser estate or interest specified in |
4 | the resolution shall vest in the district, and the real property shall be deemed to be condemned and |
5 | taken for the use of the district and the right to just compensation for the same shall vest in the |
6 | persons entitled thereto, and the district thereupon may take possession of the real property. No |
7 | sum so paid into the court shall be charged with clerks’ fees of any nature. |
8 | (g) After the filing of the copy of the vote, statement, description and plat, notice of the |
9 | taking of land or other real property shall be served upon the owners or persons having any estate |
10 | or interest in the real property by the sheriff or his or her deputies of the county in which the real |
11 | estate is situated by leaving a true and attested copy of the vote, statement, description and plat with |
12 | each of the persons personally, or at the last and usual place of abode in this state with some person |
13 | living there, and in case of any such persons absent from this state and have no last and usual place |
14 | of abode therein occupied by any person, the copy shall be left with the person or persons, if any, |
15 | in charge of, or having possession of the real property taken of such absent persons, and another |
16 | copy thereof shall be mailed to the address of such person, if the address is known to the officer |
17 | serving the notice. |
18 | (h) After the filing of the vote, description and plat, the district shall cause a copy of the |
19 | vote and description to be published in some newspaper having general circulation in the city or |
20 | town in which the real property lies at least once a week for three (3) successive weeks. |
21 | (i) If any party shall agree with the district upon the price to be paid for the value of the |
22 | real property so taken and of appurtenant damage to any remainder or for the value of his or her |
23 | estate, right or interest therein, the court, upon application of the parties in interest, may order that |
24 | the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be |
25 | awarded in the proceedings; provided, however, that no payment shall be made to any official or |
26 | employee of the district for any property or interest therein acquired from such official or employee |
27 | unless the amount of the payment is determined by the court to constitute just compensation to be |
28 | awarded in the proceedings. |
29 | (j) Any owner of, or person entitled to any estate or right in, or interested in any part of the |
30 | real property so taken, who cannot agree with the district upon the price to be paid for his or her |
31 | estate, right or interest in the real property so taken and the appurtenant damage to the remainder, |
32 | may, within three (3) months after personal notice of the taking, or if he or she has no personal |
33 | notice, may within one year from the time the sum of money estimated to be just compensation is |
34 | deposited in the superior court to the use of the persons entitled thereto, apply by petition to the |
| LC006193 - Page 19 of 115 |
1 | superior court for the county in which the real property is situated, setting forth the taking of his or |
2 | her land, his or her estate or interest therein, and paying for an assessment or damages by the court |
3 | or by a jury. Upon the filing of the petition, the court shall cause twenty (20) days’ notice of the |
4 | pendency thereof to be given to the district by serving the chairperson or treasurer of the district |
5 | with a certified copy thereof. |
6 | (k) After the service of notice, the court may proceed to trial. The trial shall be conducted |
7 | as other civil actions at law are tried. The trial shall determine all questions of fact relating to the |
8 | value of the real property, and any estate or interest therein, and the amount thereof and the |
9 | appurtenant damage to any remainder and the amount thereof, and the trial and decision or verdict |
10 | of the court or jury shall be subject to all rights to except to rulings, to move for new trial, and to |
11 | appeal, as are provided by law. Upon the entry of judgment in the proceedings, execution shall be |
12 | issued against the money so deposited in court and in default thereof against any other property of |
13 | the district. |
14 | (l) In case two (2) or more petitioners make claim to the same real property, or to any estate |
15 | or interest therein, or to different estates or interests in the same real property, the court shall, upon |
16 | motion, consolidate their several petitions for trial at the same time and may frame all necessary |
17 | issues for the trial thereof. |
18 | (m) If any real property or any estate or interest in property or an estate, in which any infant |
19 | or other person not capable in law to act in his or her own behalf is interested, is taken under the |
20 | provisions of this act chapter, the superior court, upon the filing of a petition by or in behalf of an |
21 | infant or person or by the district may appoint a guardian ad litem for the infant or other person. |
22 | Guardians may, with the advice and consent of the superior court, and upon terms the superior court |
23 | may prescribe, release to the district all claims for damages for the land of the infant or other person |
24 | or for any estate or interest therein. Any lawfully appointed, qualified and acting guardian or other |
25 | fiduciary of the estate of any infant or other person, with the approval of the court of probate within |
26 | this state having jurisdiction to authorize the sale of lands and properties within this state of the |
27 | infant or other person, may before the filing of any petition, agree with the infant or other person |
28 | for any taking of his or her real property or of his or her interest or estate, and may upon receiving |
29 | the amount, release to the district all claims for damages for the infant or other person for the taking. |
30 | (n) In case any owner of or any person having an estate or interest in real property shall fail |
31 | to file his or her petition as above provided, the superior court for the county in which the real |
32 | property is situated, in its discretion, may permit the filing of a petition within one year subsequent |
33 | to the year following the time of the deposit in the superior court of the sum of money estimated to |
34 | be just compensation for the property taken; provided, the person shall have had no actual |
| LC006193 - Page 20 of 115 |
1 | knowledge of the taking of land in season to file the petition; and provided, no other person or |
2 | persons claiming to own the real property or estate or interest therein shall have been paid the value |
3 | thereof; and provided, no judgment had been rendered against the district for the payment of the |
4 | value to any other person or persons claiming to own the real estate. |
5 | (o) In any real property or any estate or interest therein is unclaimed or held by a person or |
6 | persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court |
7 | for the county in which the real property lies, the district, after the expiration of two (2) years from |
8 | the first publication of the copy of the vote, statement and description, may petition the court that |
9 | the value of the estate or interest or the unknown person or persons be determined. After notice by |
10 | publication to the person or persons as the court in its discretion may order, and after hearing on |
11 | the petition, the court shall fix the value of the estate or interest and shall order the sum to be |
12 | deposited in the registry of the court in a special account to accumulate for the benefit of the person |
13 | or persons, if any, entitled thereto. The receipt of the clerk of the superior court shall constitute a |
14 | discharge of the district from all liability in connection with the taking. When the person entitled |
15 | to the money deposited shall have satisfied the superior court of his or her right to receive the same, |
16 | the court shall cause it to be paid over to him or her, with all accumulations thereon. |
17 | (p) The superior court shall have power to make orders with respect to encumbrances, liens, |
18 | taxes and other charges on the land, if any, as shall be just and equitable. |
19 | (q) Whenever in the opinion of the district a substantial saving in the cost of acquiring title |
20 | can be effected by conveying other real property, title to which is in the district, to the person or |
21 | persons from whom the estate or interest in real property is being purchased or taken, or by the |
22 | construction or improvement by the district of any work or facility upon the remaining real property |
23 | of the person or persons from whom the estate or interest in real property is being purchased or |
24 | taken, the district shall be and hereby is authorized to convey other real property to the person or |
25 | persons from whom the estate or interest in real property is being purchased or taken and to |
26 | construct or improve any work or facility upon the remaining land of the person or persons. |
27 | (r) At any time during the pendency of any proceedings for the assessment of damages for |
28 | property or interests taken or to be taken by eminent domain by the district, the district or any owner |
29 | may apply to the court for an order directing an owner or the district, as the case may be, to show |
30 | cause why further proceedings should not be expedited, and the court may upon the application |
31 | make an order requiring that the hearings proceed and that any other steps be taken with all possible |
32 | expedition. |
33 | SECTION 10. Section 45-50-13 of the General Laws in Chapter 45-50 entitled "Municipal |
34 | Public Buildings Authorities" is hereby amended to read as follows: |
| LC006193 - Page 21 of 115 |
1 | 45-50-13. Eminent domain proceedings. |
2 | (a) The authority has the right to acquire any land, or any interest in it, including |
3 | development rights, by the exercise of the power of eminent domain, whenever it is determined by |
4 | the authority that the acquisition of the land, or interest, is necessary for the construction or the |
5 | operation of any project. |
6 | (1)(i) The power of eminent domain shall be exercised only within the boundaries of the |
7 | city or town whose council established the authority, except that any authority in existence on the |
8 | effective date of this chapter shall have the power to acquire, by exercise of eminent domain, only |
9 | the development rights, except as stated in subsection (a) (5), in the land described in the tax |
10 | assessor’s plats for the towns of Foster, Scituate, Johnston, and Glocester, as of February 14, 1989, |
11 | for the purpose of protecting the water supply as follows: |
12 | (ii) That certain land situated in the town of Foster delineated as Foster tax assessor’s lot |
13 | 47, plat 15 consisting of 32 acres, more or less; that certain land situated in the town of Scituate |
14 | delineated as Scituate tax assessor’s lot 147, plat 17 consisting of 5.6 acres, more or less; that certain |
15 | land situated in the town of Scituate described as Scituate tax assessor’s lot 60, plat 20 consisting |
16 | of 5.8 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate |
17 | tax assessor’s lot 5, plat 42 consisting of 12 acres, more or less; that certain land situated in the |
18 | town of Johnston delineated as Johnston tax assessor’s lot 5, plat 57 consisting of 3.9 acres, more |
19 | or less; that certain land situated in the town of Johnston delineated as Johnston tax assessor’s lot |
20 | 58, plat 57 consisting of .7 acres, more or less; that certain land situated in the town of Johnston |
21 | delineated as Johnston tax assessor’s lot 6, plat 57 consisting of .4 acres, more or less; that certain |
22 | land situated in the town of Johnston delineated as Johnston tax assessor’s lot 7, plat 57 consisting |
23 | of .4 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax |
24 | assessor’s lot 52, plat 15 consisting of 80 acres, more or less; that certain land situated in the town |
25 | of Foster delineated as Foster tax assessor’s lot 41A, plat 12 consisting of 9.8 acres, more or less; |
26 | that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 1, plat 38 |
27 | consisting of 67 acres, more or less; that certain land situated in the town of Scituate delineated as |
28 | Scituate tax assessor’s lot 4, plat 42 consisting of 10.7 acres, more or less; that certain land situated |
29 | in the town of Scituate delineated as Scituate tax assessor’s lot 251, plat 49 consisting of 129 acres, |
30 | more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s |
31 | lot 3, plat 47 consisting of 29.6 acres, more or less; that certain land situated in the town of Scituate |
32 | delineated as Scituate tax assessor’s lot 41, plat 41 consisting of 140 acres, more or less; that certain |
33 | land situated in the town of Johnston delineated as Johnston tax assessor’s lot 17, plat 57 consisting |
34 | of 45 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston |
| LC006193 - Page 22 of 115 |
1 | tax assessor’s lot 20, plat 59 consisting of 55 acres, more or less; that certain land situated in the |
2 | town of Scituate delineated as Scituate tax assessor’s lot 15, plat 47 consisting of 9 acres, more or |
3 | less; that certain land situated in the town of Glocester delineated as Glocester tax assessor’s lot |
4 | 164, plat 18 consisting of 211.7 acres, more or less; that certain land situated in the town of Foster |
5 | delineated as Foster tax assessor’s lot 31, plat 21 consisting of 22 acres, more or less; that certain |
6 | land situated in the town of Scituate delineated as Scituate tax assessor’s lot 14, plat 37 consisting |
7 | of 15 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax |
8 | assessor’s lot 49, plat 15 consisting of 4.5 acres, more or less; that certain land situated in the town |
9 | of Scituate delineated as Scituate tax assessor’s lot 35, plat 14 consisting of 57 acres, more or less; |
10 | that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 1, plat 37 |
11 | consisting of 16 acres, more or less; that certain land situated in the town of Scituate delineated as |
12 | Scituate tax assessor’s lot 5, plat 11 consisting of 33.8 acres, more or less; that certain land situated |
13 | in the town of Foster delineated as Foster tax assessor’s lot 34A, plat 9 consisting of 20 acres, more |
14 | or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 47, |
15 | plat 51 consisting of 10 acres, more or less; that certain land situated in the town of Foster delineated |
16 | as Foster tax assessor’s lot 42, plat 12 consisting of .3 acres, more or less; that certain land situated |
17 | in the town of Scituate delineated as Scituate tax assessor’s lot 82, plat 49 consisting of 10 acres, |
18 | more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot |
19 | 41, plat 12 consisting of 8 acres, more or less; that certain land situated in the town of Scituate |
20 | delineated as Scituate tax assessor’s lot 16, plat 37 consisting of 10 acres more or less; that certain |
21 | land situated in the town of Scituate delineated as Scituate tax assessor’s lot 83, plat 49 consisting |
22 | of 20 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate |
23 | tax assessor’s lot 46, plat 9 consisting of 40 acres, more or less; that certain land situated in the |
24 | town of Glocester delineated as Glocester tax assessor’s lot 162, plat 18 consisting of 50.6 acres, |
25 | more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s |
26 | lot 15, plat 37 consisting of 15 acres, more or less; that certain land situated in the town of Scituate |
27 | delineated as Scituate tax assessor’s lot 29, plat 52 consisting of .2 acres, more or less; that certain |
28 | land situated in the town of Scituate delineated as Scituate tax assessor’s lot 37, plat 17 consisting |
29 | of 29 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate |
30 | tax assessor’s lot 11, plat 38 consisting of 17 acres, more or less; that certain land situated in the |
31 | town of Foster delineated as Foster tax assessor’s lot 42A, plat 12 consisting of .4 acres, more or |
32 | less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 53, |
33 | plat 20 consisting of 9 acres, more or less; that certain land situated in the town of Scituate |
34 | delineated as Scituate tax assessor’s lot 30, plat 52 consisting of .2 acres, more or less; that certain |
| LC006193 - Page 23 of 115 |
1 | land situated in the town of Scituate delineated as Scituate tax assessor’s lot 81, plat 49 consisting |
2 | of 73 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax |
3 | assessor’s lot 48A, plat 15 consisting of 15.5 acres, more or less; |
4 | and that certain land situated in the town of Foster delineated as Foster tax assessor’s lot |
5 | 48, plat 15 consisting of 28.9 acres, more or less, for the purpose of protecting the public water |
6 | supply. |
7 | (2) In addition to the powers previously granted, any authority in existence on July 7, 1989 |
8 | has the power to acquire by exercise of eminent domain the land, or any interest in it, described as |
9 | that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lots 45, 48, |
10 | 49, 60, 61, 62, and 63, plat 51 consisting of 542.11 acres, more or less, and commonly known as |
11 | the “Joslin Farm” for the purpose of protecting the water supply. |
12 | (3) Notwithstanding the preceding, in the event that the authority ceases to use any land or |
13 | development rights acquired by exercise of eminent domain, pursuant to subsections (a) (1) or (a) |
14 | (2), for the purpose of protecting the public water supply, the authority shall notify by certified mail |
15 | return receipt requested, the original owner of the parcel or his or her lawful heirs, and the original |
16 | owner or his or her lawful heirs shall have a right to recover the land or development rights. The |
17 | land or development rights shall revert to the original owner or his or her heirs upon the payment |
18 | of an amount equal to the price originally paid to the owner plus simple interest at the rate of six |
19 | percent (6%) per annum (or any other purchase price that is mutually agreed upon between the |
20 | parties) of the property or the development rights. Any transfer of the land or development rights |
21 | to the city whose city council established a need for an authority or any department, commission, |
22 | board, or agency of the city shall not constitute a cessation of the use of the land or development |
23 | rights for purposes of protecting the water supply. |
24 | (4)(i) For the purposes of this section, the term “development rights” means the rights to: |
25 | (A) Prohibit the ability of the fee owner to act on or with respect to or regarding uses of a |
26 | land or water area; or |
27 | (B) Require the performance by the fee owner of acts on or with respect to or regarding |
28 | uses of a land or water area, which prohibition or requirement retains or maintains the land or water |
29 | area in its natural condition or any other condition that is consistent with the protection of |
30 | environmental quality or provides the public with the benefit of the unique features of the land or |
31 | water area, provided, that development rights will not be construed to deprive the original owner, |
32 | his or her successors or assigns, of the right to continue to use the land for agricultural purposes so |
33 | long as that use conforms to acceptable agricultural practices as established by the department of |
34 | the environment environmental management and/or the United States soil conservation service. |
| LC006193 - Page 24 of 115 |
1 | (ii) “Development rights” may also have any meaning as may be mutually agreed upon by |
2 | the fee owner and the authority in any contract, agreement, deed to development rights, or |
3 | proceeding before the authority. The proceeding shall be initiated by a fee owner’s filing a petition |
4 | before the authority and/or any lessee or successor agency seeking permission to use the land or |
5 | water area for development. The authority has sixty (60) days to determine if the activity described |
6 | in the petition endangers the environmental quality of the land or water area. Upon a finding of no |
7 | danger to the environmental quality of the land or water area, the authority shall grant the petition; |
8 | provided, if no finding is made within sixty (60) days the petition is deemed approved. |
9 | (5) In the event the authority has initiated condemnation proceedings for development |
10 | rights, the original affected owner may notify the authority and the superior court of his or her |
11 | request that the authority take a fee simple interest in the land. Upon notification, the authority has |
12 | the power to acquire the land in fee simple by the exercise of the power of eminent domain and |
13 | shall exercise power to acquire a fee simple interest in the land. |
14 | (6)(i) Prior to the authority’s taking the actions described in subsections (b) through (h), |
15 | for the purposes of this section, fair market value of the property or development rights are |
16 | determined as follows: |
17 | (ii) Each party (the authority and the landowner) shall appoint one appraiser (who shall be |
18 | a qualified member of the American institute of real estate appraisers, the society of real estate |
19 | appraisers, the American society of farm managers and rural appraisers, the international |
20 | association of assessing officers, the national society of real estate appraisers, the national society |
21 | of independent fee appraisers, the American society of appraisers or the international right of way |
22 | association, or any successor organization). Each appraiser shall, within twenty (20) business days |
23 | of his or her appointment, arrive at an independent determination of the fair market value of the |
24 | property. If the difference between the two (2) appraisals as so determined does not exceed ten |
25 | percent (10%) of the lesser of the two (2) appraisals, then the fair market value is deemed to be an |
26 | amount equal to fifty percent (50%) of the sum of the two (2) appraisals. If the difference between |
27 | the appraisals exceeds ten percent (10%) of the lesser appraisal, then the two (2) appraisers have |
28 | ten (10) calendar days within which to appoint a third appraiser, who shall, within twenty (20) |
29 | calendar days, make his or her own independent determination of the fair market value of the |
30 | property. All three (3) appraisals shall then be compared and the appraisal which differs most in |
31 | dollar amount from the other two (2) appraisals shall be excluded from consideration, and the fair |
32 | market value of the property shall be deemed to be fifty percent (50%) of the sum of the remaining |
33 | two (2) appraisals. The authority shall make an offer to purchase the property or rights in property |
34 | based upon the fair market value, which offer shall remain open for thirty (30) days or until the |
| LC006193 - Page 25 of 115 |
1 | time the offer is accepted or rejected. If the offer of the authority is rejected, the authority may |
2 | proceed with condemnation proceedings within ten (10) days. |
3 | (b) The necessity for acquisition is conclusively presumed upon the adoption by the |
4 | authority of a resolution declaring that the acquisition of the land, or interest in it, described in the |
5 | resolution is necessary for the construction or operation of any project. Within six (6) months of |
6 | the adoption of a resolution, the authority shall cause to be filed, in the land evidence records of the |
7 | city or town in which the land is located, a copy of the resolution of the authority, together with a |
8 | plat of the land, or interest in it described, and a statement, signed by the chairperson of the |
9 | authority, that the land, or interest in it, is taken pursuant to the provisions of this chapter. |
10 | Thereupon, the authority shall file, in the superior court in and for the county in which the land, or |
11 | interest in it, lies, a statement of the sum of money estimated by the authority to be just |
12 | compensation for the land taken. |
13 | (c) Upon the filing of the copy of the resolution, plat, and statement in the land evidence |
14 | records of the city or town, the filing, in the superior court, of the statement, and the depositing in |
15 | the superior court, to the use of the person entitled to it, of a sum that the court determines to be |
16 | amply sufficient to satisfy the claims of all persons interested in the land (and the court may, in its |
17 | discretion, take evidence on the questions to determine the sum to be deposited), title to the land, |
18 | or interest in it, vests in the authority in fee simple absolute, and the authority may take possession |
19 | of the land, or interest in it. |
20 | (d) No sum paid into the court shall be charged with clerk’s fees of any nature. After the |
21 | filing of the copy, plat, and statement, notice of the taking of the land, or interest in it, shall be |
22 | served upon the owners of, and persons having an estate in and interested in the land, by the sheriff |
23 | or the sheriff ’s deputies of the county in which the land, or interest in it, lies, leaving a true and |
24 | attested copy of the description and statement with each of the persons personally, or at their last |
25 | and usual place of abode in this state with some person living there, and in case any of the persons |
26 | are absent from this state and have no last and usual place of abode in this state occupied by any |
27 | person, the copy shall be left with the persons, if any, in charge of or having possession of the land, |
28 | or interest in it, taken of the absent persons if the persons are known to the officer; and after the |
29 | filing of the resolution, plat, and statement, the secretary of the authority shall cause a copy of the |
30 | resolution and statement to be published in some newspaper published or having general circulation |
31 | in the county where the land, or interest in it, may be located, at least once a week for three (3) |
32 | successive weeks. If any person agrees with the authority for the price of land, or interest in it taken, |
33 | the court, upon the application of the parties in interest, may order that the sum agreed upon be paid |
34 | immediately from the money deposited, as the just compensation to be awarded in the proceeding. |
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1 | (e) Any owner of or person entitled to any estate in or interested in any part of the land, or |
2 | interest in it, taken, who cannot agree with the authority for the price of the land, or interest in it, |
3 | taken, in which he or she is interested, may, within three (3) months after personal notice of the |
4 | taking, or, if he or she has no personal notice, within one year from the first publication of the copy |
5 | of the resolution and statement, apply, by petition, to the superior court in and for the county in |
6 | which the land, or interest in it, lies, setting forth the taking of his or her land or interest in it, and |
7 | praying for an assessment of damages by a jury. Upon filing of the petition, the court shall cause |
8 | twenty (20) days’ notice of the pendency of the petition to be given to the authority with a certified |
9 | copy, and may proceed after the notice to the trial; and the trial shall determine all questions of fact |
10 | relating to the value of the land, or interest in it, and the amount, and judgment shall be entered |
11 | upon the verdict of the jury, and execution shall be issued against the money so deposited in court |
12 | and in default against any other property of the authority. In case two (2) or more conflicting |
13 | petitioners make claim to the same land, or to any interests in it, or to different interests in the same |
14 | parcel of land, the court, upon motion, shall consolidate their several petitions for trial at the same |
15 | time by the same jury, and may frame all necessary issues for the trial; and all proceedings taken |
16 | pursuant to the provisions of this chapter shall take precedence over all other civil matters then |
17 | pending before the court, or if the superior court, in and for the county in which the land, or interest |
18 | in it, lies, is not in session in that county, then the proceedings may be heard in the superior court |
19 | for the counties of Providence and Bristol. |
20 | (f) If any lands, or interests in them, in which any minor, or other person not capable in law |
21 | to act in his or her own behalf, is interested are taken by the authority under the provisions of this |
22 | chapter, the superior court, upon the filing in the court of any petition by or in behalf of the minor |
23 | or other person, may appoint a guardian ad litem for the minor or other person, and the guardian |
24 | may appear and be heard in behalf of the minor or other person; and the guardian may also, with |
25 | the advice and consent of the superior court and upon any terms that the superior court may |
26 | prescribe, release to the authority all claims for damages for the lands of the minor or other person |
27 | or for any interest in them. Any lawfully appointed, qualified, and acting guardian or other fiduciary |
28 | of the estate of any minor or other person, with the approval of the court of probate within this state |
29 | having jurisdiction to authorize the sale of lands and properties within this state of any minor or |
30 | other person, may, before the filing of any petition, agree with the authority upon the amount of |
31 | damages suffered by the minor or other person by any taking of his or her lands or of his or her |
32 | interests in any lands, and may, upon receiving that amount, release to the authority all claims of |
33 | damages of the minor or other person for the taking. |
34 | (g) Whenever, from time to time, the authority has satisfied the court that the amount |
| LC006193 - Page 27 of 115 |
1 | deposited with the court is greater than is amply sufficient to satisfy the claims of all persons |
2 | interested in the land, the court may order that the amount of any excess including any interest or |
3 | increment on any sums so deposited be repaid to the authority. Whenever the authority has satisfied |
4 | the court that the claims of all persons interested in the land taken have been satisfied, the |
5 | unexpended balance, including any interest or increment on any sums deposited, shall be paid |
6 | immediately to the authority. |
7 | (h) In any proceedings for the assessment of compensation and damages for land or interest |
8 | in it taken, or to be taken by eminent domain by the authority, the following provisions are |
9 | applicable: |
10 | (1) At any time during the pendency of any action or proceeding, the authority or an owner |
11 | may apply to the court for an order directing an owner or the authority, as the case may be, to show |
12 | cause why further proceedings should not be expedited, and the court may, upon that application, |
13 | make an order requiring that the hearings proceed and that any other steps be taken with all possible |
14 | expedition. |
15 | (2) If any of the land, or interest in it, is devoted to a public use, it may nevertheless be |
16 | acquired, and the taking shall be effective, provided, that no land, or interest in it, belonging to a |
17 | public utilities administrator or other officer or tribunal having regulatory power over such a |
18 | corporation is taken. Any land, or interest in it, already acquired by the authority may, nevertheless, |
19 | be included within the taking for the purpose of acquiring any outstanding interests in the land. |
20 | SECTION 11. Section 45-51-2 of the General Laws in Chapter 45-51 entitled |
21 | "Environmental Advocacy Act" is hereby amended to read as follows: |
22 | 45-51-2. Conservation commission — Appointment. |
23 | The mayor or town administrator of any city or town may designate the municipal |
24 | conservation commission as defined in § 45-31-1 45-35-1 to serve as an environmental advocate, |
25 | subject to approval by the city or town council, which shall perform the duties as established in this |
26 | chapter. |
27 | SECTION 12. Section 45-52-10 of the General Laws in Chapter 45-52 entitled "The |
28 | Quonochontaug East Beach Water District" is hereby amended to read as follows: |
29 | 45-52-10. District council. |
30 | (a) The moderator, the treasurer, the district clerk, the chairperson of the finance committee |
31 | and the chairperson of the public works committee, constitute a district council. It is the duty of the |
32 | district council to: |
33 | (1) Supervise and coordinate the activities of all of the officers, commissions, and |
34 | committees of the district; |
| LC006193 - Page 28 of 115 |
1 | (2) Fill vacancies in offices as provided in § 45-52-6(b) 45-52-6(c); |
2 | (3) Prepare, or have prepared, ordinances relative to the district and its activities, and |
3 | present the ordinances to either the annual or special meeting of the district for action; and |
4 | (4) Develop for, and present to, the annual or a special meeting called for the purpose, plans |
5 | for the improvement and development of the district. |
6 | (b) The council also has the care, management, and control of all property and equipment |
7 | owned by the district, subject to any ordinances, bylaws, and regulations which the district may |
8 | make with respect to them. Three (3) members of the council constitute a quorum. Notice of the |
9 | time and place of the meeting shall be given by the member calling the meeting by mailing written |
10 | notice of the meeting at least five (5) days prior to the meeting to each of the members of the |
11 | council. |
12 | (c) The district council shall, at least twenty (20) days before each and every annual |
13 | meeting, sit in open meeting to receive requests for funds to defray the cost of the activities of the |
14 | district, and to receive suggestions for expenditures to improve the property of the district, extend |
15 | the usefulness of the district to residents, and for all other purposes, and shall report thereon to the |
16 | annual meeting with its recommendations. |
17 | SECTION 13. Section 45-59-18 of the General Laws in Chapter 45-59 entitled "District |
18 | Management Authorities" is hereby amended to read as follows: |
19 | 45-59-18. Petition for relief from assessment. |
20 | (a) Any person aggrieved on any ground whatsoever by any assessment against him or her |
21 | by a district management authority in any municipality may within three (3) months after the last |
22 | day appointed for the payment without penalty of the assessment, or the first installment of the |
23 | payment, if the assessment is payable in installments, file a notice of appeal with the district |
24 | management authority, and within thirty (30) days thereafter, file a petition in the superior court |
25 | for the county within which the municipality is located for relief from the assessment, to which |
26 | petition the district management authority will be made a party respondent, and the clerk of the |
27 | superior court will thereupon issue a citation substantially in the following form: |
28 | THE STATE OF RHODE ISLAND |
29 | To the sheriff of the several counties, or to the deputies, Greetings: |
30 | We command you to summon the treasurer of (the district management authority): to wit, |
31 | ....................................... of ....................................... (if to be found in your precinct) to answer the |
32 | complaint of ....................................... of ....................................... on the return day hereof (said |
33 | return day being the ........... day of ....................., A.D. 20...........) in the superior court to be holden |
34 | at the county's courthouse in as by petition filed in court is fully set forth; and to show cause why |
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1 | said petition should not be granted. |
2 | Hereof fail not, and make true return of this writ with your doings thereon. |
3 | Witness, the seal of our superior court, at ....................................... this day of ..................... |
4 | in the year, A.D. 20............ |
5 | _______________________________________, Clerk |
6 | (b) The petition will be subject to the provisions of §§ 44-5-26 — 44-5-30, 44-5-31 |
7 | [Repealed] insofar as those sections may be applicable. |
8 | ARTICLE II -- STATUTORY CONSTRUCTION |
9 | SECTION 1. Sections 5-48.2-3 and 5-48.2-9 of the General Laws in Chapter 5-48.2 entitled |
10 | "Professional Licensing and Regulation of Speech-Language Pathologists and Audiologists" are |
11 | hereby amended to read as follows: |
12 | 5-48.2-3. Definitions. |
13 | As used in this chapter, the following words and terms shall have the following meanings, |
14 | except where the context clearly indicates otherwise: |
15 | (1) “Accredited/approved” means that an institution/program holds regional accreditation |
16 | from one of six (6) regional accrediting bodies: Middle States Association of Colleges and Schools, |
17 | New England Association of Schools and Colleges, North Central Association of Colleges and |
18 | Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and |
19 | Schools, and Western Association of Schools and Colleges. |
20 | (2) “Act” means chapter 48 of this title entitled, “speech-language pathology and |
21 | audiology,” as well as the provisions of this chapter, where the context so indicates. |
22 | (3) “Audiologist” means an individual who is licensed by the board to practice audiology |
23 | either in person or via telepractice. |
24 | (4) “Audiology” means the audiologist applies the principles, methods, and procedures |
25 | related to hearing and the disorders of the hearing and balance systems, to related language and |
26 | speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder is defined as |
27 | altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological |
28 | auditory/vestibular systems, in individuals or groups of individuals who have or are suspected of |
29 | having such disorders. |
30 | (5) “Audiology support personnel” shall operate under the title “audiometric aide” or |
31 | “audiology assistant” and means an individual who meets minimum qualifications established by |
32 | the board, which are less than those established by the act as necessary for licensing as an |
33 | audiologist; does not act independently; is limited to hearing screening with pass/fail criteria; and |
34 | works under the direction and supervision of an audiologist licensed under the act who has been |
| LC006193 - Page 30 of 115 |
1 | actively working in the field for twenty-four (24) months after completion of the postgraduate |
2 | professional experience and who accepts the responsibility for the acts and performances of the |
3 | audiometric aide or audiology assistant while working under the act. |
4 | (6) “Board” means the state board of examiners of speech-language pathology and |
5 | audiology established pursuant to § 5-48-2. |
6 | (7) “Clinical fellow” means the person who is practicing speech-language pathology under |
7 | the supervision of a licensed speech-language pathologist while completing the postgraduate |
8 | professional experience as required by the act and who holds a current provisional license in |
9 | accordance with the requirements described in this chapter. |
10 | (8) “Clinical fellowship or traineeship” means the direct clinical work, consultation, or |
11 | other duties relevant to clinical speech-language pathology work with individuals presenting |
12 | disorders in communication, for a cumulative or equivalent total of nine (9) months of full-time |
13 | employment following completion of professional speech-language pathology education under |
14 | supervision pursuant to § 5-48-7 and the provisions of this chapter. |
15 | (9) “Department” means the Rhode Island department of health. |
16 | (10) “Director” means the director of the Rhode Island department of health. |
17 | (11) “Graduate program” means a post-baccalaureate accredited program leading to a |
18 | master’s or doctoral degree, including a professional doctoral degree, whether offered through an |
19 | accredited graduate or professional school. |
20 | (12) “Newborn hearing screener” means an audiometric aide or audiology assistant |
21 | working in a hospital-based newborn hearing screening program under the direction of the |
22 | department of health newborn hearing screening program, or its appointee. |
23 | (13) “Person” means an individual, partnership organization, or corporation, except that |
24 | only individuals can be licensed under this chapter. |
25 | (14) “The practice of audiology” means an audiologist rendering or offering to render any |
26 | service in audiology either in person or via telepractice as defined in § 5-48-1 and in this section. |
27 | (15) “The practice of speech-language pathology” means rendering or offering to render |
28 | any service in speech-language pathology either in person or via telepractice as defined in this |
29 | section. |
30 | (16) “Regionally accredited” means the official guarantee that a college or university or |
31 | other educational institution is in conformity with the standards of education prescribed by a |
32 | regional accrediting commission recognized by the United States Secretary of Education. |
33 | (17) “School hearing screener” means an audiometric aide or audiology assistant working |
34 | in a school-based hearing screening program under the direction of the Rhode Island department |
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1 | of elementary and secondary education or its appointee. |
2 | (18) “Speech-language pathologist (SLP)” means an individual who is licensed by the |
3 | board to practice speech-language pathology either in person or via telepractice. |
4 | (19) “Speech-language pathology” means the activities defined in § 5-48-1 and in this |
5 | section. |
6 | (20) “Speech-language pathology assistant (SLPA) support personnel” means an |
7 | individual who meets minimum qualifications established by the board, which are less than those |
8 | established by the act as necessary for licensing as a speech-language pathologist; does not act |
9 | independently; and works under the direction and supervision of a speech-language pathologist |
10 | licensed under the act who has been actively working in the field for twenty-four (24) months after |
11 | completion of the postgraduate professional experience and who accepts the responsibility for the |
12 | acts and performances of the speech-language pathology assistant while working under this chapter. |
13 | (21) “Telepractice” means the use of telecommunication technology to deliver speech- |
14 | language pathology and audiology services remotely. Other terms such as teleaudiology, |
15 | telespeech, and speech teletherapy are also used in addition to telepractice. Use of telepractice |
16 | should be of equal quality to services provided in person and consistent with adherence to the |
17 | American Speech-Language-Hearing Association (ASHA)’s Code of Ethics (ASHA, 2016a), |
18 | Scope of Practice in Audiology (ASHA, 2018), Scope of Practice in Speech-Language Pathology |
19 | (ASHA, 2016b), and Assistants Code of Conduct (ASHA, 2020). |
20 | 5-48.2-9. Supervision and responsibility. |
21 | (a)(1) A supervising professional must be a speech-language pathologist or audiologist who |
22 | is licensed under this chapter; and who has been actively working in the field for twenty-four (24) |
23 | months after completion of the postgraduate professional experience; and must be responsible for |
24 | the acts and performances, patient screening, and specific tasks assigned by the licensee to the |
25 | speech-language pathology assistant (SLPA)/audiometric aide or audiology assistant. |
26 | (2) A licensee who supervises support personnel must: |
27 | (i) Utilize the services of only those who meet the minimum requirements enumerated |
28 | under this chapter; |
29 | (ii) Ensure that the support personnel are assigned only those duties and responsibilities for |
30 | which the person has been specifically trained and which the assistant is qualified to perform; |
31 | (iii) Ensure that persons who will be receiving services from support personnel, or the |
32 | person’s legal representative, are informed that services are being rendered by support personnel; |
33 | (iv) Provide supervision of the support personnel (other than newborn hearing screeners |
34 | and school hearing screeners); and |
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1 | (v) Complete a minimum of two (2) hours of professional development in clinical |
2 | instruction/supervision. |
3 | (b) A speech-language pathologist supervisor may only supervise one full-time equivalent |
4 | speech-language pathology assistant (SLPA) support personnel and not more than two (2) SLPAs |
5 | at any time and an audiologist supervisor may only supervise three (3) full-time equivalent |
6 | audiometric aides or audiology assistants unless otherwise approved by the board. At no time |
7 | should support personnel perform tasks when a supervising SLPA SLP cannot be reached by |
8 | personal contact, phone, pager, or other immediate means. When multiple supervisors are used, the |
9 | supervisors are encouraged to coordinate and communicate with each other. |
10 | (c) Observations of support audiometric aides must be completed and documented as to |
11 | date, amount of time, and accuracy and efficacy of service according to the following: Direct on- |
12 | site observations of the first ten (10) hours of direct client contact; and five percent (5%) of all |
13 | clinical sessions after the first ten (10) hours for every forty (40) consecutive hours worked; and |
14 | indirect supervision (e.g., home, interactive television, audio/video review, or patient record |
15 | review) of five percent (5%) of each forty (40) consecutive hours worked. |
16 | (d) Observations of a speech-language pathology assistant (SLPA) pathology support |
17 | personnel shall be completed and documented as to date, amount of time, and accuracy and efficacy |
18 | of service according to the following: |
19 | (1) Direct supervision means in-view observation and guidance while the SLPA is |
20 | performing a clinical activity. Direct supervision does not include reviewing an audio or video |
21 | recorded session later. |
22 | (2) A minimum of twenty percent (20%) direct supervision and ten percent (10%) indirect |
23 | supervision is required of all the time that assistant is providing services during the first ninety (90) |
24 | days of employment. After the first ninety (90) days, the supervising SLPA may adjust their amount |
25 | of supervision if they determine that the SLPA meets appropriate competencies. A minimum of ten |
26 | percent (10%) direct and ten percent (10%) indirect supervision is required every one hundred |
27 | eighty (180) days regardless of employment status. |
28 | (e) Before any SLPA begins to provide support independently, the supervising SLP must |
29 | have first contact with all individuals on the caseload. For purposes of this section, first contact |
30 | includes establishing rapport, gathering baseline data, and securing other necessary documentation |
31 | to begin (or continue) the plan of care for the student, patient, or client. |
32 | (f) Supervisors shall maintain records which document the frequency and type of |
33 | supervision of support personnel, such records to be available for audit upon request by the board. |
34 | SECTION 2. Section 5-64-5 of the General Laws in Chapter 5-64 entitled |
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1 | "Dietitian/Nutritionist Act" is hereby amended to read as follows: |
2 | 5-64-5. Rhode Island state board of dietetics practice. |
3 | (a) Within the division of professional regulation in the Rhode Island department of health |
4 | there is a board of dietetics practice. |
5 | (1) The board shall consist of nine (9) members appointed for terms of three (3) years each |
6 | with and no member shall be appointed for more than two (2) consecutive terms. Upon expiration |
7 | of the term of office, a member shall continue to serve until a successor is appointed and qualified. |
8 | One shall be the director of the department of health or designee. Five (5) shall be licensed |
9 | dietitians/nutritionists appointed by the director of the department of health, with the approval of |
10 | the governor, except that the appointments made initially need not be licensed under this chapter. |
11 | (In the director’s initial appointment, the director shall designate the licensed dietitian/nutritionist |
12 | members of the board as follows: one member to serve for a term of one year; two (2) members to |
13 | serve for a term of two (2) years; and two (2) members to serve for a term of three (3) years). One |
14 | member shall be a physician licensed to practice medicine in this state appointed by the governor. |
15 | Two (2) shall be consumers appointed by the governor. A majority of seats filled shall constitute a |
16 | quorum. |
17 | (2) The director of the department of health may remove any member of the board for |
18 | cause. |
19 | (3) Vacancies shall be filled for the unexpired portion of any term in the same manner as |
20 | the original appointment. |
21 | (b) The duties of the board shall be to: |
22 | (1) Recommend to the director rules and regulations necessary to implement this chapter; |
23 | (2) Determine the qualification and fitness of applicants and to issue and/or reinstate |
24 | licenses; and |
25 | (3) Recommend to the director revocation, suspension, and/or denial of a license. |
26 | SECTION 3. Section 5-64.2-3 of the General Laws in Chapter 5-64.2 entitled "Dietitian |
27 | Licensure Compact" is hereby amended to read as follows: |
28 | 5-64.2-3. Definitions. |
29 | For purposes of this section chapter, the following terms shall have the following |
30 | meanings: |
31 | (1) “ACEND” means the Accreditation Council for Education in Nutrition and Dietetics or |
32 | its successor organization. |
33 | (2) “Active military member” means any individual with full-time duty status in the active |
34 | armed forces of the United States, including members of the National Guard and Reserve. |
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1 | (3) “Adverse action” means any administrative, civil, equitable, or criminal action |
2 | permitted by a state’s laws which is imposed by a licensing authority or other authority against a |
3 | licensee, including actions against an individual’s license or compact privilege such as revocation, |
4 | suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other |
5 | encumbrance on licensure affecting a licensee’s authorization to practice, including issuance of a |
6 | cease and desist action. |
7 | (4) “Alternative program” means a non-disciplinary monitoring or practice remediation |
8 | process approved by a licensing authority. |
9 | (5) “CDR” means the Commission on Dietetic Registration or its successor organization. |
10 | (6) “Charter member state” means any member state which enacted the compact by law |
11 | before the effective date pursuant to § 5-64.2-13. |
12 | (7) “Compact commission” means the government agency whose membership consists of |
13 | all states that have enacted the compact, which is known as the dietitian licensure compact |
14 | commission, pursuant to § 5-64.2-9, and which shall operate as an instrumentality of the member |
15 | states. |
16 | (8) “Compact privilege” means a legal authorization, which is equivalent to a license, |
17 | permitting the practice of dietetics in a remote state. |
18 | (9) “Continuing education” means a requirement, as a condition of license renewal, to |
19 | provide evidence of participation in, and completion of, educational and professional activities |
20 | relevant to practice or area of work. |
21 | (10) “Current significant investigative information” means: |
22 | (i) Investigative information that a licensing authority, after a preliminary inquiry that |
23 | includes notification and an opportunity for the subject licensee to respond, if required by state law, |
24 | has reason to believe is not groundless and, if proved true, would indicate more than a minor |
25 | infraction; or |
26 | (ii) Investigative information that indicates that the subject licensee represents an |
27 | immediate threat to public health and safety regardless of whether the subject licensee has been |
28 | notified and had an opportunity to respond. |
29 | (11) “Data system” means a repository of information about licensees, including, but not |
30 | limited to, continuing education, examination, licensure, investigative, compact privilege and |
31 | adverse action information. |
32 | (12) “Encumbered license” means a license in which an adverse action restricts a licensee’s |
33 | ability to practice dietetics. |
34 | (13) “Encumbrance” means a revocation or suspension of, or any limitation on a licensee’s |
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1 | full and unrestricted practice of dietetics by a licensing authority. |
2 | (14) “Executive committee” means a group of delegates elected or appointed to act on |
3 | behalf of, and within the powers granted to them by, the compact, and the compact commission. |
4 | (15) “Home state” means the member state that is the licensee’s primary state of residence |
5 | or that has been designated pursuant to § 5-64.2-7. |
6 | (16) “Investigative information” means information, records, and documents received or |
7 | generated by a licensing authority pursuant to an investigation. |
8 | (17) “Jurisprudence requirement” means an assessment of an individual’s knowledge of |
9 | the state laws and regulations governing the practice of dietetics in such state. |
10 | (18) “License” means an authorization from a member state to either: |
11 | (i) Engage in the practice of dietetics (including medical nutrition therapy); or |
12 | (ii) Use the title “dietitian,” “licensed dietitian,” “licensed dietitian nutritionist,” “certified |
13 | dietitian,” or other title describing a substantially similar practitioner as the compact commission |
14 | may further define by rule. |
15 | (19) “Licensee” or “licensed dietitian” means an individual who currently holds a license |
16 | and who meets all of the requirements set forth in § 5-64.2-5. |
17 | (20) “Licensing authority” means the board or agency of a state, or equivalent, that is |
18 | responsible for the licensing and regulation of the practice of dietetics. |
19 | (21) “Member state” means a state that has enacted the compact. |
20 | (22) “Practice of dietetics” means the synthesis and application of dietetics, primarily for |
21 | the provision of nutrition care services, including medical nutrition therapy, in person or via |
22 | telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness. |
23 | (23) “Registered dietitian” means a person who: |
24 | (i) Has completed applicable education, experience, examination, and recertification |
25 | requirements approved by CDR; |
26 | (ii) Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and |
27 | (iii) Is legally authorized to use the title registered dietitian or registered dietitian |
28 | nutritionist and the corresponding abbreviations “RD” or “RDN.” |
29 | (24) “Remote state” means a member state other than the home state, where a licensee is |
30 | exercising or seeking to exercise a compact privilege. |
31 | (25) “Rule” means a regulation promulgated by the compact commission that has the force |
32 | of law. |
33 | (26) “Single state license” means a license issued by a member state within the issuing |
34 | state and does not include a compact privilege in any other member state. |
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1 | (27) “State” means any state, commonwealth, district, or territory of the United States of |
2 | America. |
3 | (28) “Unencumbered license” means a license that authorizes a licensee to engage in the |
4 | full and unrestricted practice of dietetics. |
5 | SECTION 4. Section 5-65.4-1 of the General Laws in Chapter 5-65.4 entitled "Residential |
6 | Contractor Licensing" is hereby amended to read as follows: |
7 | 5-65.4-1. Short title and purpose. |
8 | This chapter shall be known and may be cited as the “Rhode Island residential contractor |
9 | licensing law” to safeguard the public health, the. The purpose of this chapter is to establish |
10 | safeguard the public health by establishing a licensing program and minimum standards for |
11 | contractors supervising or performing structural work in residences of one to four (4) family |
12 | dwelling units. |
13 | SECTION 5. Section 6-13.1-1 of the General Laws in Chapter 6-13.1 entitled "Deceptive |
14 | Trade Practices" is hereby amended to read as follows: |
15 | 6-13.1-1. Definitions. [Effective March 31, 2026.] |
16 | As used in this chapter: |
17 | (1) “Documentary material” means the original or a copy of any book, record, report, |
18 | memorandum, paper, communication, tabulation, map, chart, photograph, mechanical |
19 | transcription, or other tangible document or recording wherever situated. |
20 | (2) “Examination” of documentary material includes the inspection, study, or copying of |
21 | any documentary material, and the taking of testimony under oath or acknowledgment in respect |
22 | of any documentary material or copy of any documentary material. |
23 | (3) “Person” means natural persons, corporations, trusts, partnerships, incorporated or |
24 | unincorporated associations, and any other legal entity. |
25 | (4) “Rebate” means the return of a payment or a partial payment that serves as a discount |
26 | or reduction in price. |
27 | (5) “Trade” and “commerce” mean the advertising, offering for sale, sale, or distribution |
28 | of any services and any property, tangible or intangible, real, personal, or mixed, and any other |
29 | article, commodity, or thing of value wherever situate, and include any trade or commerce directly |
30 | or indirectly affecting the people of this state. |
31 | (6) “Unfair methods of competition and unfair or deceptive acts or practices” means any |
32 | one or more of the following: |
33 | (i) Passing off goods or services as those of another; |
34 | (ii) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, |
| LC006193 - Page 37 of 115 |
1 | approval, or certification of goods or services; |
2 | (iii) Causing likelihood of confusion or of misunderstanding as to affiliation, connection, |
3 | or association with, or certification by, another; |
4 | (iv) Using deceptive representations or designations of geographic origin in connection |
5 | with goods or services; |
6 | (v) Representing that goods or services have sponsorship, approval, characteristics, |
7 | ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, |
8 | approval, status, affiliation, or connection that the person does not have; |
9 | (vi) Representing that goods are original or new if they are deteriorated, altered, |
10 | reconditioned, reclaimed, used, or secondhand; and if household goods have been repaired or |
11 | reconditioned, without conspicuously noting the defect that necessitated the repair on the tag that |
12 | contains the cost to the consumer of the goods; |
13 | (vii) Representing that goods or services are of a particular standard, quality, or grade, or |
14 | that goods are of a particular style or model, if they are of another; |
15 | (viii) Disparaging the goods, services, or business of another by false or misleading |
16 | representation of fact; |
17 | (ix) Advertising goods or services with intent not to sell them as advertised; |
18 | (x) Advertising goods or services with intent not to supply reasonably expectable public |
19 | demand, unless the advertisement discloses a limitation of quantity; |
20 | (xi) Making false or misleading statements of fact concerning the reasons for, existence of, |
21 | or amounts of price reductions; |
22 | (xii) Engaging in any other conduct that similarly creates a likelihood of confusion or of |
23 | misunderstanding; |
24 | (xiii) Engaging in any act or practice that is unfair or deceptive to the consumer; |
25 | (xiv) Using any other methods, acts, or practices that mislead or deceive members of the |
26 | public in a material respect; |
27 | (xv) Advertising any brand name goods for sale and then selling substituted brand names |
28 | in their place; |
29 | (xvi) Failure to include the brand name and/or manufacturer of goods in any advertisement |
30 | of the goods for sale, and, if the goods are used or secondhand, failure to include the information |
31 | in the advertisement; |
32 | (xvii) Advertising claims concerning safety, performance, and comparative price unless |
33 | the advertiser, upon request by any person, the consumer council, or the attorney general, makes |
34 | available documentation substantiating the validity of the claim; |
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1 | (xviii) Representing that work has been performed on or parts replaced in goods when the |
2 | work was not in fact performed or the parts not in fact replaced; |
3 | (xix) Failing to separately state the amount charged for labor and the amount charged for |
4 | services when requested by the purchaser as provided for in § 44-18-12(b)(3) 44-18-12(b)(ii); |
5 | (xx) Advertising for sale at a retail establishment the availability of a manufacturer’s rebate |
6 | by displaying the net price of the advertised item (the price of the item after the rebate has been |
7 | deducted from the item’s price) in the advertisement, unless the amount of the manufacturer’s |
8 | rebate is provided to the consumer by the retailer at the time of the purchase of the advertised item. |
9 | It shall be the retailer’s burden to redeem the rebate offered to the consumer by the manufacturer; |
10 | (xxi) Advertising, displaying, or offering a price for live-event tickets or short-term lodging |
11 | in violation of 16 C.F.R. Part 464; or |
12 | (xxii) Engaging in any act or practice that is unfair or deceptive by a person advising or |
13 | assisting any veteran filing a claim for disability benefits with the Department of Veterans Affairs. |
14 | SECTION 6. Sections 6-61-1 and 6-61-5 of the General Laws in Chapter 6-61 entitled |
15 | "Right to Consumer Access to Powered Wheelchair Repairs" are hereby amended to read as |
16 | follows: |
17 | 6-61-1. Definitions. |
18 | For purposes of this chapter, unless the context otherwise requires: |
19 | (1) “Authorized repair supplier” means an individual or business who or that is unaffiliated |
20 | with an original equipment manufacturer and who or that has an arrangement with the original |
21 | equipment manufacturer, for a definite or indefinite period, under which the original equipment |
22 | manufacturer grants to the individual or business a license to use a trade name, service mark, or |
23 | other proprietary identifier for the purposes of offering the services of inspection, diagnosis, |
24 | maintenance, or repair of powered wheelchairs under the name of the original equipment |
25 | manufacturer, or other arrangement with the original equipment manufacturer to offer those |
26 | services on behalf of the original equipment manufacturer. An original equipment manufacturer |
27 | who or that offers the services of inspection, diagnosis, maintenance, or repair of its own powered |
28 | wheelchairs, and who or that does not have an arrangement with an unaffiliated individual or |
29 | business, shall be considered an authorized repair supplier with respect to that equipment. |
30 | (2) “Commissioner” means the health insurance commissioner. |
31 | (3) “Complex manual wheelchair” means a manually driven complex wheelchair that can |
32 | accommodate rehabilitative accessories and features. |
33 | (4) “Complex power wheelchair” means a power-driven complex wheelchair, as defined |
34 | by the Centers for Medicare and Medicaid Services (“CMS”) that is classified as a Group 2 power |
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1 | wheelchair with power options that can accommodate rehabilitative features to include, but not |
2 | limited to, tilt in space; or a Group 3, Group 4, or Group 5 power wheelchair. |
3 | (5) “Complex rehabilitation technology (CRT)” or “complex wheelchair” means items that |
4 | are individually configured for individuals to meet their specific and unique medical, physical, and |
5 | functional needs and capacities for basic activities of daily living and instrumental activities of |
6 | daily living identified as medically necessary, and shall include options and accessories related to |
7 | any of such items. Current healthcare common procedure coding system (“HCPCS”) shall fall |
8 | under the definition of complex rehabilitation technology, and any amendments to HCPCS |
9 | subsequently added or created by the federal government shall be included within the definition of |
10 | complex rehabilitation technology and shall be added to the covered HCPC list. |
11 | (6) “Complex rehabilitation wheelchair manufacturer” or “manufacturer” means a person |
12 | or company who or that designs, develops, tests, and produces finished systems or components of |
13 | those systems and sells all products or components to: |
14 | (i) Authorized providers for distribution; or |
15 | (ii) To other manufacturers for the production of more complex wheelchair systems. |
16 | Manufacturers are also responsible for maintaining compliance with relevant production |
17 | regulations and standards and reporting as designated by federal and state authorities. |
18 | (7) “Consumer” means a member of a health carrier who or that uses a complex rehab |
19 | technology with which the CRT supplier has a contractual relationship. |
20 | (8) “Consumer-owned backup complex power wheelchair” means a retired power |
21 | wheelchair that can be safely used by the consumer when a manual backup or suitable loaner |
22 | wheelchair cannot be supplied to meet the consumer’s medical needs. |
23 | (9) “Covered person” means a policyholder, subscriber, or other person participating in a |
24 | policy, contract, or plan that provides for third-party payment or prepayment of health or medical |
25 | expenses. |
26 | (10) “Defect” means an abnormality that impairs the quality, function, or utility of a |
27 | wheelchair from its intended design and purpose. |
28 | (11) “Department” means the department of business regulation established pursuant to the |
29 | provisions of chapter 14 of title 42. |
30 | (12) “Embedded software” means any programmable instructions provided on firmware |
31 | delivered with an electronic component of equipment, or with a part for that equipment, for |
32 | purposes of equipment operation, including all relevant patches and fixes made by the manufacturer |
33 | of the equipment or part for these purposes. |
34 | (13) “Evaluation/diagnostic time” means time and labor during which a qualified |
| LC006193 - Page 40 of 115 |
1 | technician troubleshoots and diagnoses any wheelchair adjustments or repair needs. |
2 | (14) “Executive office” means the executive office of health and human services, the |
3 | agency designated by state law and the Medicaid state plan as the Medicaid single state agency. |
4 | (15) “Fair and reasonable terms and costs,” with respect to obtaining manufacturer |
5 | documentation, parts, embedded software, firmware, or tools from a manufacturer to provide |
6 | services, means terms that are equivalent to the most favorable terms that the manufacturer offers |
7 | to an authorized repair supplier and costs to the buyer that are no greater than the manufacturer’s |
8 | suggested retail price: |
9 | (i) For documentation, including any relevant updates, “fair and reasonable terms and |
10 | costs” also means at no charge, except that, when the documentation is requested in physical printed |
11 | form, a charge may be included for the reasonable actual costs of preparing and sending the copy; |
12 | (ii) For software tools, “fair and reasonable terms and costs” also means all of the |
13 | following: |
14 | (A) Provided at no charge and without requiring authorization or internet access; |
15 | (B) Without imposing impediments to access or use, in the course of effecting the |
16 | diagnosis, maintenance, or repair and without impairing the efficient and cost-effective |
17 | performance of the diagnosis, maintenance, or repair; |
18 | (C) Enables full functionality; |
19 | (iii) If an original equipment manufacturer does not utilize an authorized repair supplier, |
20 | “fair and reasonable terms and costs” means an equitable price charged to the buyer in consideration |
21 | of the actual cost to the original equipment manufacturer to prepare and distribute the part, tool, |
22 | service access method, or documentation, exclusive of any research and development costs |
23 | incurred. |
24 | (16) “Firmware” means a software program or set of instructions programmed on |
25 | equipment, or on a part for that equipment, to allow the equipment or part to communicate within |
26 | itself or with other computer hardware. |
27 | (17) “Healthcare professional” means an individual who is licensed, registered, or certified |
28 | under federal or state law or regulation to provide healthcare services. |
29 | (18) “Health plan” or “payer” means an entity subject to the insurance laws of this state, or |
30 | subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide health |
31 | insurance coverage including, but not limited to, an insurance company, a health maintenance |
32 | organization and a nonprofit hospital and medical service corporation. |
33 | (19) “Independent repair provider” means an individual or business, other than the |
34 | manufacturer, that is engaged in the services of inspection, diagnosis, maintenance, or repair of |
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1 | equipment for the purposes of returning it to the safety and performance specifications established |
2 | by the manufacturer and to meet its original intended use. |
3 | (20) “Inoperable” means when a wheelchair becomes unusable due to a mechanical or |
4 | electronic breakdown or failure. |
5 | (21) “Loaner” means a properly working wheelchair that performs the essential functions |
6 | of the original wheelchair and that is provided to the consumer on a temporary basis while the |
7 | consumer’s wheelchair is being repaired/replaced. A “loaner” wheelchair is further defined to be |
8 | in good working order, does not create any threat to the consumer’s health or safety, and need not |
9 | be new or identical to or have the same functional capabilities as those of the original wheelchair. |
10 | (22) “Manufacturer documentation” means any manual, diagram, reporting output, service |
11 | code description, schematic, or other guidance or information used in effecting the services of |
12 | inspection, diagnosis, maintenance, or repair of powered wheelchairs. |
13 | (23) “Medical documentation” means any chart notes, letters of medical necessity, |
14 | prescriptions, or other clinical documentation demonstrating the initial or continued medical |
15 | necessity of qualifying complex rehabilitation technology. |
16 | (24) “Non-conformity” means a condition or defect that significantly impairs the use, |
17 | value, function, or safety of an assistive device or any of its components, but does not include a |
18 | condition or defect of the device that is the result of: |
19 | (i) Abuse, misuse, or neglect by a consumer; |
20 | (ii) Modifications or alterations not authorized by the manufacturer; |
21 | (iii) Normal wear; |
22 | (iv) Normal use which may be resolved through a fitting adjustment, routine maintenance, |
23 | preventative maintenance, or proper care; or |
24 | (v) A consumer’s failure to follow any manufacturer’s written service and maintenance |
25 | guidelines furnished to the customer at the time of purchase. |
26 | (25) “Prior authorization” means any requirement held by the payer that the covered person |
27 | or the qualified complex rehabilitation technology supplier obtain written or verbal approval from |
28 | the payer [or other insurer] before completing needed services or providing equipment to a covered |
29 | person. |
30 | (26) “Qualified complex rehabilitation technology professional” means an individual who |
31 | is certified as an assistive technology professional (ATP) by a professional organization providing |
32 | certification of assistive technology professions. |
33 | (27) “Qualified complex rehabilitation technology supplier” or “supplier” means a |
34 | company or entity that meets all of the following criteria: |
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1 | (i) Is accredited by a recognized accrediting organization as a supplier of complex |
2 | rehabilitation technology; |
3 | (ii) Is an employer of at least one qualified complex rehabilitation technology professional |
4 | to analyze the needs and capacities of the complex needs consumer in consultation with qualified |
5 | healthcare professionals, to participate in the selection of appropriate complex rehabilitation |
6 | technology for those needs and capacities of the complex needs consumer, and to provide training |
7 | in the proper use of the complex rehabilitation technology; |
8 | (iii) Requires a qualified complex rehabilitation technology professional to be physically |
9 | present for the evaluation and determination of appropriate complex rehabilitation technology for |
10 | a complex needs consumer; |
11 | (iv) Has the capability to provide service and repair by trained technicians for all complex |
12 | rehabilitation technology it sells; and |
13 | (v) Provides written information at the time of delivery of the complex rehabilitation |
14 | technology to the complex needs consumer stating how the complex needs consumer may receive |
15 | service and repair for the complex rehabilitation technology. |
16 | (28) “Recipient” means a person receiving benefits under the state Medicaid program, |
17 | including a person whose Medicaid eligibility is being redetermined. |
18 | (29) “Third-party payer” means an entity other than the consumer of or healthcare supplier, |
19 | that reimburses and manages healthcare expenses, such as insurance companies and government |
20 | payers. |
21 | (30) “Tools” means any software program, hardware, or other apparatus used in inspection, |
22 | diagnosis, maintenance, or repair of powered wheelchairs, including software or other mechanisms |
23 | that provision, program, or pair a new part, calibrate functionality, or perform any other function |
24 | required to bring the product back to fully functional condition. |
25 | (31) “Trade secret” shall have the same meaning as set forth in § 6-41-1. |
26 | (32) “Trip/travel allowance” means compensation for travel to the recipient’s home or |
27 | location for the purpose of facilitating a repair to a complex wheelchair. |
28 | (33) “Warranty” means a guarantee made by a manufacturer regarding the integrity or |
29 | condition of the product and the terms and conditions under which repairs, refunds, or exchanges |
30 | shall be made if the product does not function as originally described or intended within a specified |
31 | period. |
32 | 6-61-5. Rules and regulations. |
33 | The department of business regulation may promulgate rules and regulations to implement |
34 | and enforce the provisions of §§ 6-61-2, 6-61-3 and 6-61-2 6-61-4. |
| LC006193 - Page 43 of 115 |
1 | SECTION 7. Section 6-62-5 of the General Laws in Chapter 6-62 entitled "Veterans’ |
2 | Protection [Effective March 31, 2026.]" is hereby amended to read as follows: |
3 | 6-62-5. Penalty. [Effective March 31, 2026.] |
4 | A violation of the provisions of this chapter shall be an unfair or deceptive act or practice |
5 | as defined in § 6-13.1-1, and the violator shall be subject to the civil penalties provided pursuant |
6 | to the provisions of § 6-13.1-8. |
7 | SECTION 8. Section 11-49-4 of the General Laws in Chapter 11-49 entitled "Credit Card |
8 | Crime Act" is hereby amended to read as follows: |
9 | 11-49-4. Fraudulent use of credit or debit cards. |
10 | A person who, with intent to defraud the issuer or a person or organization providing |
11 | money, goods, services, or anything else of value or any other person, uses, for the purpose of |
12 | obtaining money, goods, services, or anything else of value, a credit card or debit card obtained or |
13 | retained in violation of this law or a credit card or debit card which they know is forged, expired, |
14 | or revoked, or who obtains money, goods, services, or anything else of value by representing, |
15 | without the consent of the cardholder, that they are the holder of a specified card or by representing |
16 | that they are the holder of a card and the card has not in fact been issued, violates this section and |
17 | is subject to the penalties set forth in § 11-49-10(a), if the value of all moneys, goods, services, and |
18 | other things of value obtained in violation of this subsection section does not exceed one hundred |
19 | dollars ($100) in any six-month (6) period. The violator is subject to the penalties set forth in § 11- |
20 | 49-10(b) if the value does exceed one hundred dollars ($100) in any six-month (6) period. |
21 | Knowledge of revocation shall be presumed to have been received by a cardholder four (4) days |
22 | after it has been mailed to them at the address set forth on the credit card or debit card or at their |
23 | last known address by registered or certified mail, return receipt requested, and, if the address is |
24 | more than five hundred (500) miles from the place of mailing, by air mail. If the address is located |
25 | outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, or Canada, notice shall |
26 | be presumed to have been received ten (10) days after mailing by registered or certified mail. |
27 | SECTION 9. Section 16-21-43 of the General Laws in Chapter 16-21 entitled "Health and |
28 | Safety of Pupils" is hereby amended to read as follows: |
29 | 16-21-43. Policy on use of personal electronic devices in schools. [Effective August 1, |
30 | 2026.] |
31 | (a)(1) Each public school shall have a policy regarding the use of personal electronic |
32 | devices on school grounds and during school-sponsored activities to reduce distractions, maintain |
33 | environments focused on learning, and protect the privacy and safety of students and staff. Each |
34 | public school shall notify the parents or guardians of all students attending the school of the policy. |
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1 | The policy shall include, but not be limited to, a prohibition on physical access to a personal |
2 | electronic device by students during the school day as defined by the department of education and |
3 | the commission commissioner of elementary and secondary education pursuant to §§ 16-2-2 and |
4 | 16-2-9 and any regulations promulgated thereunder including, but not limited to, 200-RICR-20-05- |
5 | 1. |
6 | (2) The district shall make exceptions for student personal device use that provide access |
7 | to assistive technology necessary to comply with individualized student 504 plans, individualized |
8 | education plans (IEP), medical needs such as glucose monitoring, and/or a plan to support emergent |
9 | multilingual learners (MLL) students with appropriate language access programs and services to |
10 | ensure the provision of appropriate, meaningful public education. The allowable exceptions shall |
11 | be written into the student’s identified plan and approved by the appropriate team or coordinator. |
12 | (3) Students provided an exception to this policy shall not be segregated from students |
13 | without such exception. Exceptions shall also be made in the event of an emergency. |
14 | (b) For the purposes of this section, a “personal electronic device” means a smartphone, |
15 | mobile phone, tablet, computer, smartwatch, or other electronic device not owned or provided to a |
16 | student by a public school that is capable of communication through the internet or a wireless |
17 | network. |
18 | (c) The policy and any standards and rules enforcing the policy shall be prescribed by the |
19 | school committee in conjunction with the superintendent or the board of trustees of a charter school |
20 | and in consultation with any collective bargaining agents that represent school staff. The policy |
21 | shall be enforced consistently by school administration, be systematic in nature, and should |
22 | minimize the potential for conflict between students, parents, educators, and staff. |
23 | (d) No school official, employee, or agent of the school shall search the contents of any |
24 | personal electronic device covered by this chapter section that is retained by the school during |
25 | school hours and not in the student’s possession in a locked pouch or container. |
26 | (e) The department of elementary and secondary education shall, in consultation with the |
27 | attorney general’s office and the department of health, provide guidance and recommendations to |
28 | assist schools with developing and implementing effective policies regarding the use of personal |
29 | electronic devices on school grounds and during school-sponsored activities consistent with this |
30 | section and shall make such guidance and recommendations publicly available on the department’s |
31 | website. Guidance and recommendations shall be reviewed annually and regularly updated to |
32 | reflect applicable research and best practices. |
33 | (f) Each school district and charter school shall file its school personal electronic device |
34 | use policy with the department of elementary and secondary education in a manner and form |
| LC006193 - Page 45 of 115 |
1 | prescribed by the department. |
2 | SECTION 10. Section 16-45-6.1 of the General Laws in Chapter 16-45 entitled "Regional |
3 | Vocational Schools [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is |
4 | hereby amended to read as follows: |
5 | 16-45-6.1. Career and technical education. |
6 | (a) The general assembly finds that career and technical education (“CTE”) programs that |
7 | meet the CTE board of trustees’ industry developed standards prepare Rhode Island’s students to |
8 | succeed in a wide variety of employment settings and are a critical component of the state’s public |
9 | education system and a necessary element of the state’s economic development. CTE programs |
10 | that meet the CTE board of trustees’ standards are located in the regional career and technical |
11 | education centers and comprehensive high schools and are helping students graduate high school |
12 | with the skills to secure a job with a family-sustaining wage. |
13 | (b) The general assembly further finds that the proportion of students now enrolled in such |
14 | programs is inadequate to meet the needs of Rhode Island’s growing economy. Rhode Island’s |
15 | employers are best positioned to assist in establishing a high-quality system of secondary and |
16 | postsecondary career and technical education. To assist in the development of a high-quality system |
17 | of CTE, the CTE board of trustees shall review and annually provide recommendations to the board |
18 | of education regarding issues impacting secondary and postsecondary career and technical |
19 | education, including, but not limited to, program quality, industry alignment, the effective use of |
20 | state and federal CTE funding, the allocation of CTE funding, and expenditures of CTE funding, |
21 | program outcomes, work-based learning, transportation, and graduation requirements. The report |
22 | and recommendations shall be provided to the board of education no later than October 15 of each |
23 | year. |
24 | (c) [Deleted by P.L. 2021, ch. 278, § 1 and P.L. 2021, ch. 279, § 1.] |
25 | (d)(1) To sustain and advance the economic development of our communities, all students |
26 | retain the right to enroll in a state approved career and technical education program approved by |
27 | the CTE board of trustees in communities outside their community of residence. This right does |
28 | not apply to locally developed CTE programs, locally approved CTE programs, pathway programs, |
29 | or other programs that are not approved by the CTE board of trustees. Students shall have a right |
30 | to request enrollment and to enroll in a CTE board of trustees’ approved program outside of their |
31 | community of residence when a substantially similar or same (“substantially similar”) CTE board |
32 | of trustees approved program is not offered within their community of residence. |
33 | (2) In determining whether two programs are substantially similar, the CTE board of |
34 | trustees shall consider the following factors: |
| LC006193 - Page 46 of 115 |
1 | (i) Program type; |
2 | (ii) Information on the occupation that the student will be prepared for; |
3 | (iii) The credentials the student will earn; |
4 | (iv) The type of work-based learning that the student will be provided access to; |
5 | (v) The ability to access advanced course experiences; and |
6 | (vi) Such additional factors as the CTE board of trustees deem to be relevant, including |
7 | postsecondary attainment, industry partnerships and advisory boards, and program quality. |
8 | (3) Effective January 15, 2022, and every year thereafter, the CTE board of trustees and |
9 | the department of elementary and secondary education shall publish a detailed list of substantially |
10 | similar CTE programs for the upcoming school year. The list will be used to support students and |
11 | their families in accessing CTE board of trustees approved career and technical education |
12 | programs. There will be a thirty-day (30) period for schools and districts to appeal the substantially |
13 | similar designation to the board of education. |
14 | (4) Students enrolled in, accepted to, or attending a state CTE board-approved program |
15 | (the “program of choice”) prior to January 1, 2022, which program is outside of their home district |
16 | but is considered to be substantially similar to a program in their home district, shall be allowed to |
17 | remain enrolled in that program of choice as set forth in subsection (j) of this section. |
18 | (e) Students may request access to state CTE board-approved career preparation programs |
19 | outside their school district if their home district does not provide a substantially similar state- |
20 | approved CTE program. If a discrepancy exists as to whether two (2) state-approved programs are |
21 | substantially similar, the state CTE board shall use state CTE board program quality criteria set |
22 | forth in subsection (d) of this section to determine if the two (2) state CTE board-approved |
23 | programs are substantially similar programs. The decision of the CTE board shall be final. |
24 | (f)(1) A student’s request to enroll in an out of district state CTE board-approved career |
25 | and technical program shall not be denied, provided that: |
26 | (i) A substantially similar program is not available in the student’s home district; |
27 | (ii) The student meets any other criteria required of all students for admission to the out of |
28 | district program and the center; and |
29 | (iii) When there is more than one recognized CTE program in a transportation region, the |
30 | student is applying to the center that is geographically the closest program to the student’s |
31 | residence. |
32 | (g)(1) Students requesting access to state CTE board-approved career preparation programs |
33 | outside their established school transportation region may enroll in such programs that are not |
34 | substantially similar to a program in their home district. In such event, with respect to transportation |
| LC006193 - Page 47 of 115 |
1 | costs, the resident’s local education agency shall only be responsible for paying the resident |
2 | district’s average per pupil expenditure for student transportation for all students in the district. The |
3 | receiving district shall pay any remaining balance due for transportation costs associated with the |
4 | particular student. |
5 | (2) The sending district shall pay the average of the per-pupil expenditure of the receiving |
6 | district and sending district when paying out-of-district tuitions for students in CTE programs. |
7 | (3) When two or more substantially similar programs are available within a student’s |
8 | transportation district, that student may enroll in the program that is not geographically closest only |
9 | if the receiving district agrees to pay all the transportation costs to and from the receiving district. |
10 | (h) All eligible CTE programs shall align to CTE board of trustees’ program standards. |
11 | Programs that do not meet this standard shall not be eligible to enroll out-of-district students and |
12 | receive state or federal CTE funding. |
13 | (i) All state CTE board-approved programs shall align to industry standards or be |
14 | associated with a nationally recognized CTE board-approved program. |
15 | (j) Students enrolled in, accepted to, or attending a state CTE board-approved program of |
16 | choice outside of the students’ home district as of January 1, 2022, shall be exempt from the |
17 | substantially similar provisions of this section and may continue to matriculate in grades nine (9) |
18 | through twelve (12) in their program of choice so that students and parents who made educational |
19 | decisions prior to January 1, 2022, shall retain the rights that were in place when they made those |
20 | decisions. If a substantially similar state-approved program is established in a student’s home |
21 | district after the student has enrolled in a program of choice, the student may continue to matriculate |
22 | in grades nine (9) through twelve (12) in the student’s program of choice provided the student |
23 | remains enrolled in the program. The sending district may request, and shall be provided by the |
24 | district with the chosen CTE program, information on the students’ progress in programs, including |
25 | attendance and grades. The provisions of this subsection shall also apply and extend to other |
26 | siblings in the family who apply to attend the same program of choice. |
27 | (k) Career and technical funds allocated under § 16-7.2-6 shall be used solely for the |
28 | purpose of funding improvements to state CTE board-approved career and technical education |
29 | programs and facilities or for funding related to the establishment of new career and technical |
30 | programs in our state. |
31 | (l) The limitations related to enrollment in CTE programs contained within this chapter |
32 | shall not apply to the Metropolitan Regional Career and Technical Center or the William M. Davies, |
33 | Jr. Career and Technical High School. All eligible students, from any and all Rhode Island cities |
34 | and towns, have the right to pursue enrollment and enroll in, subject to applicable enrollment |
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1 | procedures, the Metropolitan Regional Career and Technical Center or the William M. Davies, Jr. |
2 | Career and Technical High School’s programs. |
3 | (m) Provided, effective July 1, 2025, any data collection and reporting for individual |
4 | students, that is required as part of the basic education program regulations data collection |
5 | including, but not limited to, data required pursuant to the provisions of chapters 7 and 7.2 of this |
6 | title, shall be the responsibility of the school district, wherein the student is attending and enrolled |
7 | in a career and technical education program, sometimes colloquially referred to as the “receiving |
8 | district,” and not the responsibility of what is sometimes known as the student’s “sending district.” |
9 | SECTION 11. Section 19-14-35 of the General Laws in Chapter 19-14 entitled "Licensed |
10 | Activities" is hereby amended to read as follows: |
11 | 19-14-35. Information security program. |
12 | (a) Each licensee shall develop, implement, and maintain a comprehensive information |
13 | security program that is written in one or more readily accessible parts and contains administrative, |
14 | technical, and physical safeguards that are appropriate to the licensee’s size and complexity, the |
15 | nature and scope of activities, including its use of third-party service providers, and the sensitivity |
16 | of any customer information used by the licensee or is in the licensee’s possession. |
17 | (b) As used in this chapter, the following terms shall have the following meanings: |
18 | (1) “Customer” means a consumer who has a customer relationship with a licensee. |
19 | (2) “Customer information” means any record containing nonpublic personal information |
20 | about a consumer that a licensee has a relationship with, whether in paper, electronic, or other form, |
21 | that is handled or maintained by or on behalf of a licensee or its affiliates. |
22 | (3) “Encryption” means the transformation of data into a form that results in a low |
23 | probability of assigning meaning without the use of a protective process or key, consistent with |
24 | current cryptographic standards and accompanied by appropriate safeguards for cryptographic key |
25 | material. |
26 | (4) “Information security program” means the administrative, technical, or physical |
27 | safeguards used to access, collect, distribute, process, protect, store, use, transmit, dispose of, or |
28 | otherwise handle customer information. |
29 | (5) “Information system” means a discrete set of electronic information resources |
30 | organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition |
31 | of electronic information, as well as any specialized system such as industrial or process controls |
32 | systems, telephone switching and private branch exchange systems, and environmental controls |
33 | systems that contains customer information or that is connected to a system that contains customer |
34 | information. |
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1 | (6) “Notification event” means acquisition of unencrypted customer information without |
2 | the authorization of the individual to which the information pertains. Customer information is |
3 | considered unencrypted for this purpose if the encryption key was accessed by an unauthorized |
4 | person. Unauthorized acquisition will be presumed to include unauthorized access to unencrypted |
5 | customer information unless reliable evidence exists that proves there has not been, or could not |
6 | reasonably have been, unauthorized acquisition of such information. |
7 | (7) “Security event” means an event resulting in unauthorized access to, or disruption or |
8 | misuse of, an information system or information stored on such information system, or customer |
9 | information held in physical form, commonly known as a “cybersecurity event”. |
10 | (c) In order to develop, implement, and maintain the information security program, the |
11 | licensee shall: |
12 | (1) Designate a qualified individual responsible for overseeing, implementing, and |
13 | enforcing the information security program. The qualified individual may be employed by the |
14 | licensee, an affiliate, or a service provider. To the extent the requirement in subsection (a) of this |
15 | section is met using a service provider or an affiliate, the licensee shall: |
16 | (i) Retain responsibility for compliance with this section; |
17 | (ii) Designate a senior member of the licensee responsible for direction and oversight of |
18 | the qualified individual; and |
19 | (iii) Require the service provider or affiliate to maintain an information security program |
20 | that protects the licensee in accordance with the requirements of this section. |
21 | (2) Perform a risk assessment that identifies reasonably foreseeable internal and external |
22 | risks to the security, confidentiality, and integrity of customer information that could result in the |
23 | unauthorized disclosure, misuse, alteration, destruction, or other compromise of such information, |
24 | and assesses the sufficiency of any safeguards in place to control these risks. |
25 | (i) The risk assessment shall be written and shall include: |
26 | (A) Criteria for the evaluation and categorization of identified security risks or threats; |
27 | (B) Criteria for the assessment of the confidentiality, integrity, and availability of |
28 | information systems and customer information, including the adequacy of the existing controls in |
29 | the context of identified risks or threats; and |
30 | (C) Requirements describing how identified risks will be mitigated or accepted based on |
31 | the risk assessment and how the information security program will address the risks. |
32 | (ii) A licensee shall periodically perform additional risk assessments that reexamine the |
33 | reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of |
34 | customer information that could result in the unauthorized disclosure, misuse, alteration, |
| LC006193 - Page 50 of 115 |
1 | destruction, or other compromise of such information, and reassess the sufficiency of any |
2 | safeguards in place to control these risks. |
3 | (3) Design and implement safeguards to control the risks identified through risk assessment |
4 | by: |
5 | (i) Implementing and periodically reviewing access controls, including technical and as |
6 | appropriate, physical controls to: |
7 | (A) Authenticate and permit access only to authorized users to protect against the |
8 | unauthorized acquisition of customer information; and |
9 | (B) Limit authorized users’ access only to customer information that they need to perform |
10 | their duties and functions, or in the case of customers, to access their own information; |
11 | (ii) Identify Identifying and manage managing the data, personnel, devices, systems, and |
12 | facilities that enable the licensee to achieve business purposes in accordance with relative |
13 | importance to business objectives and the licensee’s risk strategy; |
14 | (iii) Protect Protecting by encryption all customer information held or transmitted both in |
15 | transit over external networks and at rest. To the extent it is determined that encryption of customer |
16 | information, either in transit over external networks or at rest, is infeasible, the licensee may instead |
17 | secure such customer information using effective alternative compensating controls reviewed and |
18 | approved by the qualified individual; |
19 | (iv) Adopt Adopting secure development practices for in-house developed applications |
20 | utilized by the licensee for transmitting, accessing, or storing customer information and procedures |
21 | for evaluating, assessing, or testing the security of externally developed applications utilized to |
22 | transmit, access, or store customer information; |
23 | (v) Implement Implementing multi-factor authentication for any individual accessing any |
24 | information system, unless the qualified individual has approved in writing the use of reasonably |
25 | equivalent or more secure access controls; |
26 | (vi) Record retention: |
27 | (A) Develop, implement, and maintain procedures for the secure disposal of customer |
28 | information in any format no later than two (2) years after the last date the information is used in |
29 | connection with the provision of a product or service to the customer which relates, unless such |
30 | information is necessary for business operations or for other legitimate business purposes, is |
31 | otherwise required to be retained by law or regulation, or where targeted disposal is not reasonably |
32 | feasible due to the manner in which the information is maintained; and |
33 | (B) Periodically review data retention policies to minimize the unnecessary retention of |
34 | data; |
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1 | (vii) Adopt Adopting procedures for change management; and |
2 | (viii) Implement Implementing policies, procedures, and controls designed to monitor |
3 | and log the activity of authorized users and detect unauthorized access or use of, or tampering with, |
4 | customer information by such users. |
5 | (4) Based on its risk assessment, the licensee shall perform ongoing testing by: |
6 | (i) Regularly testing or otherwise monitoring the effectiveness of the safeguards’ key |
7 | controls, systems, and procedures, including those to detect actual and attempted attacks on, or |
8 | intrusions into, information systems; |
9 | (ii) For information systems, the monitoring and testing shall include continuous |
10 | monitoring or periodic penetration testing and vulnerability assessments. Absent effective |
11 | continuous monitoring or other systems to detect, on an ongoing basis, changes in information |
12 | systems that may create vulnerabilities, the licensee shall conduct: |
13 | (A) Annual penetration testing of its information systems determined each given year based |
14 | on relevant identified risks in accordance with the risk assessment; and |
15 | (B) Vulnerability assessments, including any systemic scans or reviews of information |
16 | systems reasonably designed to identify publicly known security vulnerabilities in the licensee’s |
17 | information systems based on the risk assessment, at least every six (6) months; and whenever there |
18 | are material changes to operations or business arrangements; and whenever there are circumstances |
19 | that the licensee knows or has reason to know may have a material impact on the information |
20 | security program. |
21 | (5) Implement policies and procedures to ensure that personnel have the ability to enact the |
22 | information security program by: |
23 | (i) Providing personnel with security awareness training that is updated as necessary to |
24 | reflect risks identified by the risk assessment; |
25 | (ii) Utilizing qualified information security personnel employed by the licensee or an |
26 | affiliate or service provider sufficient to manage information security risks and to perform or |
27 | oversee the information security program; |
28 | (iii) Providing information security personnel with security updates and training sufficient |
29 | to address relevant security risks; and |
30 | (iv) Verifying that key information security personnel take steps to maintain current |
31 | knowledge of changing information security threats and countermeasures. |
32 | (6) Monitor service providers by: |
33 | (i) Taking reasonable steps to select and retain service providers that are capable of |
34 | maintaining appropriate safeguards for the customer information at issue; |
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1 | (ii) Requiring service providers by contract to implement and maintain such safeguards; |
2 | and |
3 | (iii) Periodically assessing service providers based on the risk they present and the |
4 | continued adequacy of their safeguards. |
5 | (7) Evaluate and adjust the information security program considering the results of the |
6 | testing and monitoring required by subsection (c)(4) of this section; any material changes to the |
7 | licensee’s operations or business arrangements; the results of risk assessments performed under |
8 | subsection (c)(2)(ii) of this section; or any other circumstances that the licensee knows or has reason |
9 | to know may have a material impact on the information security program. |
10 | (8) Establish a written incident response plan designed to promptly respond to, and recover |
11 | from, any security event materially affecting the confidentiality, integrity, or availability of |
12 | customer information in your control. Such incident response plan shall address the following |
13 | areas: |
14 | (i) The goals of the incident response plan; |
15 | (ii) The internal processes for responding to a security event; |
16 | (iii) The definition of clear roles, responsibilities, and levels of decision-making authority; |
17 | (iv) External and internal communications and information sharing; |
18 | (v) Identification of requirements for the remediation of any identified weaknesses in |
19 | information systems and associated controls; |
20 | (vi) Documentation and reporting regarding security events and related incident response |
21 | activities; and |
22 | (vii) The evaluation and revision as necessary of the incident response plan following a |
23 | security event. |
24 | (9) Require the qualified individual to report in writing, at least annually, to the board of |
25 | directors or equivalent governing body. If no such board of directors or equivalent governing body |
26 | exists, such report shall be timely presented to a senior officer responsible for the information |
27 | security program. The report shall include the following information: |
28 | (i) The overall status of the information security program and compliance with this chapter |
29 | and associated rules; and |
30 | (ii) Material matters related to the information security program, addressing issues such as |
31 | risk assessment, risk management and control decisions, service provider arrangements, results of |
32 | testing, security events or violations and management’s responses thereto, and recommendations |
33 | for changes in the information security program. |
34 | (10) Establish a written plan addressing business continuity and disaster recovery. |
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1 | (d) The provisions of this section shall not apply to any regulated institution as defined in |
2 | § 19-1-1, or subsidiary of such regulated institution, or any bank holding company or subsidiary of |
3 | a bank holding company subject to federal bank holding company laws and regulations. |
4 | SECTION 12. Section 19-14.3-3.10 of the General Laws in Chapter 19-14.3 entitled |
5 | "Currency Transmissions" is hereby amended to read as follows: |
6 | 19-14.3-3.10. Disclosures. |
7 | A virtual currency kiosk operator shall disclose in a clear, conspicuous, and easily readable |
8 | manner in a chosen language made available to and preferred by the customer, all relevant terms |
9 | and conditions generally associated with the products, services, and activities of the virtual currency |
10 | kiosk operator and virtual currency. |
11 | (1) The virtual currency kiosk operator shall provide an acknowledgement of receipt of all |
12 | disclosures required under this section to be acknowledged by the customer as confirmation of |
13 | consent. |
14 | (2) The disclosures under this subsection section shall include, at a minimum, the |
15 | following provisions: |
16 | (i) A warning, written prominently and in bold type, and provided separately from the |
17 | disclosures below, stating: “WARNING: LOSSES DUE TO FRAUDULENT OR ACCIDENTAL |
18 | TRANSACTIONS ARE NOT RECOVERABLE AND TRANSACTIONS IN VIRTUAL |
19 | CURRENCY ARE IRREVERSIBLE. VIRTUAL CURRENCY TRANSACTIONS MAY BE |
20 | USED TO STEAL YOUR MONEY BY CRIMINALS IMPERSONATING THE |
21 | GOVERNMENT, ORGANIZATIONS, OR YOUR LOVED ONES. WRONGDOERS OFTEN |
22 | THREATEN JAIL TIME, SAY YOUR IDENTITY HAS BEEN STOLEN, ALLEGE YOUR |
23 | COMPUTER HAS BEEN HACKED, INSIST YOU WITHDRAW MONEY FROM YOUR |
24 | BANK ACCOUNT TO PURCHASE VIRTUAL CURRENCY, OR UTILIZE A NUMBER OF |
25 | OTHER ILLEGAL MEANS TO SCAM YOU. IF YOU BELIEVE YOU ARE BEING |
26 | SCAMMED, CALL YOUR LOCAL LAW ENFORCEMENT.”; |
27 | (ii) A written statement disclosing the material risks associated with virtual currency and |
28 | virtual currency transactions, including: |
29 | (A) A warning that once completed, the transaction may not be reversed; |
30 | (B) A disclosure relating to the virtual currency kiosk operator’s liability for unauthorized |
31 | virtual currency transactions; |
32 | (C) A disclosure relating to the virtual currency kiosk customer’s liability for unauthorized |
33 | currency transactions; |
34 | (D) A statement that virtual currency is not legal tender, backed or insured by the |
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1 | government, and accounts and value balances are not subject to Federal Deposit Insurance |
2 | Corporation, National Credit Union Administration, or Securities Investor Protection Corporation |
3 | protections; |
4 | (E) A statement that some virtual currency transactions are deemed to be made when |
5 | recorded on a public ledger which may not be the date or time when the person initiates the |
6 | transaction; |
7 | (F) A statement that virtual currency value may be derived from market participants’ |
8 | continued willingness to exchange fiat currency for virtual currency, which may result in the |
9 | permanent and total loss of a particular virtual currency’s value if the market for virtual currency |
10 | disappears; |
11 | (G) A statement that a person who accepts virtual currency as payment today is not required |
12 | to accept and might not accept virtual currency in the future; |
13 | (H) A statement that the volatility and unpredictability of the price of virtual currency |
14 | relative to fiat currency may result in a significant loss over a short period of time; |
15 | (I) A statement that the nature of virtual currency means that any technological difficulties |
16 | experienced by virtual currency kiosk operators may prevent access to or use of a person’s virtual |
17 | currency; and |
18 | (J) A disclosure that any bond maintained by the virtual currency kiosk operator for the |
19 | benefit of a person may not cover all losses a person incurs; |
20 | (iii) A statement disclosing the amount of the transaction denominated in U.S. Dollars as |
21 | well as the applicable virtual currency; |
22 | (iv) A disclosure of any fees or expenses charged by the virtual currency kiosk operator; |
23 | (v) A disclosure of any applicable exchange rates; |
24 | (vi) Notice of a change in the virtual currency kiosk operator’s rules or policies; |
25 | (vii) The name, address, and telephone number of the owner of the kiosk and the days, |
26 | times and means by which a consumer can contact the owner for consumer assistance shall be |
27 | displayed on or at the location of the kiosk, or on the first screen of such kiosk; |
28 | (viii) A disclosure of the circumstances under which the virtual currency kiosk operator, |
29 | without a court or government order, discloses a person’s account information to third parties; and |
30 | (ix) Other disclosures that are customarily given in connection with a virtual currency |
31 | transaction. |
32 | (3) Transaction receipt. Effective November 1, 2025, upon each transaction’s completion, |
33 | the virtual currency kiosk operator shall provide a person with a physical receipt in a chosen |
34 | language made available to and preferred by the customer which shall contain the following |
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1 | information: |
2 | (i) The virtual currency kiosk operator’s name and contact information, including a |
3 | telephone number to answer questions and register complaints; |
4 | (ii) The type, value, date, and precise time of the transaction, transaction hash, and each |
5 | applicable virtual currency address; |
6 | (iii) The name and contact information of the sender; |
7 | (iv) The name and contact information of the designated recipient; |
8 | (v) All fees charged; |
9 | (vi) The exchange rate of the virtual currency to U.S. Dollars; |
10 | (vii) A statement of the virtual currency kiosk operator’s liability for non-delivery or |
11 | delayed delivery; |
12 | (viii) A statement of the virtual currency kiosk operator’s refund policy; and |
13 | (ix) Any additional information or formatting the department of business regulation may |
14 | require. |
15 | SECTION 13. Section 21-28.12-3 of the General Laws in Chapter 21-28.12 entitled "The |
16 | Rhode Island Kratom Act [Effective April 1, 2026.]" is hereby amended to read as follows: |
17 | 21-28.12-3. Kratom and kratom product limitations. [Effective April 1, 2026.] |
18 | (a) A person shall not prepare, distribute, sell, possess, or advertise any of the following: |
19 | (1) A kratom product that is a conventional food or beverage or labeled as a conventional |
20 | food or beverage product. |
21 | (2) A kratom product that contains any substance that is poisonous, harmful, or injurious |
22 | to health. |
23 | (3) A kratom product that contains a substance other than a non-psychoactive substance |
24 | necessary for the preparation, processing, or manufacturing of said product. |
25 | (4) A kratom extract that contains levels of residual solvents higher than is allowed in the |
26 | U.S. Pharmacopeia 467. |
27 | (5) A kratom product containing any synthetic alkaloids including synthetic mitragynine, |
28 | synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant. |
29 | (6) A kratom product that contains a heavy metal that exceeds any of the following limits |
30 | in parts per million: |
31 | (i) Arsenic <2 |
32 | (ii) Cadmium <0.82 |
33 | (iii) Lead <1.2 |
34 | (iv) Mercury <0.4 |
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1 | (7) A kratom product in any form that is combustible or intended to be used for |
2 | vaporization, aerosolization, or injection. |
3 | (8) A kratom product in any form that mimics a candy product or is manufactured, |
4 | packaged, or advertised in a way that can be reasonably considered to appeal to individuals under |
5 | twenty-one (21) years. |
6 | (9) A kratom product not contained in child-resistant packaging that meets the standards |
7 | set forth in 16 C.F.R 1700.15(b) when tested in accordance with 16 C.F.R 1700.20. All persons |
8 | holding valid licenses pursuant to § 21-28.12 21-28.12-6 shall ensure that kratom and/or any kratom |
9 | product sold by the licensee and intended for human consumption shall meet requirements related |
10 | to child-resistant packaging. |
11 | (10) A kratom product that contains a concentration ratio that is: |
12 | (i) Greater than 150 mg of mitragynine per serving; |
13 | (ii) Greater than 0.5 mg 7-hydroxymitragynine per gram; or |
14 | (iii) Greater than 1 mg 7-hydroxymitragynine per serving. |
15 | (11) A kratom product that contains more than one percent of 7-hydroxymitragynine by |
16 | percentage of total kratom alkaloids. |
17 | (12) Kratom or a kratom product that does not provide clearly visible labeling including, |
18 | but not limited to: |
19 | (i) A recommendation to consult a healthcare professional prior to use; |
20 | (ii) A statement that kratom may be habit forming; |
21 | (iii) A statement that kratom is not safe for use while pregnant or breastfeeding; |
22 | (iv) A warning that the product may result in dangerous medication interactions. |
23 | (v) The following statement: “These statements have not been evaluated by the United |
24 | States Food and Drug Administration. This product is not intended to diagnose, treat, cure, or |
25 | prevent any disease.”; |
26 | (vi) The net quantity of contents declared in numerical count (e.g., thirty (30) capsules), or |
27 | in volume or weight in United States Customary System terms; |
28 | (A) The amount of mitragynine and/or 7-hydroxymitragynine contained in a serving in said |
29 | kratom product; |
30 | (B) A recommended amount of the kratom product per serving; and |
31 | (C) A recommended number of servings that can be safely consumed in a twenty-four-hour |
32 | (24) period. |
33 | (vii) The total amount of mitragynine and 7-hydroxymitragynine contained in the kratom |
34 | product; |
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1 | (viii) A statement that this product should be stored safely and out of the reach of children; |
2 | (ix) The name, physical non-post office box address of the manufacturer. |
3 | (b) Kratom and kratom products sold at retail must be sold by a licensed retailer and must |
4 | be obtained from a licensed manufacturer, importer, or distributor. |
5 | (c) All kratom and kratom products that do not comply with subsection (a) of this section |
6 | shall be deemed contraband. |
7 | SECTION 14. Section 23-14.1-9 of the General Laws in Chapter 23-14.1 entitled "Health |
8 | Professional Loan Repayment Program" is hereby amended to read as follows: |
9 | 23-14.1-9. Penalty for failure to complete contract. |
10 | (a) If the eligible health professional fails to begin or fails to complete service, they will |
11 | incur a debt to the state in an amount not less than the damages that would be owed under the |
12 | National Health Service Corps Loan Repayment Program default provisions pursuant to 42 U.S.C. |
13 | 6(A), Subchapter II, Part D, Subpart iii, § 254o. Upon determination by the director, if that the |
14 | eligible health professional has failed to fulfill the terms and conditions of the contract, and no |
15 | exception has been determined under subsection (c), the eligible health professional shall pay an |
16 | amount equal to the sum of the following: |
17 | (1) The total of the amounts paid by the director on behalf of the eligible health professional |
18 | for any period of obligated service not served; |
19 | (2) An amount equal to the number of months of obligated service not served, multiplied |
20 | by seven thousand five hundred dollars ($7,500); and |
21 | (3) Interest on the above amounts at the maximum legal prevailing rate, as determined by |
22 | the Treasurer of the United States, from the date of breach; except that the amount to recover will |
23 | not be less than thirty one thousand dollars ($31,000). |
24 | (b) All payments pursuant to subsections (a)(1), (a)(2), and (a)(3) of this section shall be |
25 | made to the state of Rhode Island, for the benefit of the Rhode Island health professional loan |
26 | repayment program, within one year after being notified by the director in writing that the eligible |
27 | health professional has failed to abide by the terms and conditions of their contract. The director is |
28 | authorized to recover payments and/or penalties and return the funds to the Rhode Island health |
29 | professional loan repayment program to avoid having the amounts deducted from the department’s |
30 | federal grant by the federal grant funding authority. Eligible health professionals are considered to |
31 | be in default or breach if they do not complete the period of obligated service at an eligible site in |
32 | accordance with their contract, or otherwise fail to comply with the terms of their contract, even if |
33 | no monies have yet been disbursed to or on behalf of the participant. |
34 | (c) Where the director, subject to the approval of the board and/or as defined in regulation, |
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1 | determines that there exists justifiable cause for the failure of a recipient to practice pursuant to the |
2 | terms and conditions of the contract, the director may relieve the recipient of the obligation to fulfill |
3 | any or all of the terms of the contract. |
4 | SECTION 15. Section 23-17.5-34 of the General Laws in Chapter 23-17.5 entitled "Rights |
5 | of Nursing Home Patients" is hereby amended to read as follows: |
6 | 23-17.5-34. Nursing staff posting requirements. |
7 | (a) Each nursing facility shall post its daily direct care nurse staff levels by shift in a public |
8 | place within the nursing facility that is readily accessible to and visible by residents, employees, |
9 | and visitors. The posting shall be accurate to the actual number of direct care nursing staff on duty |
10 | for each shift per day. The posting shall be in a format prescribed by the director, to include: |
11 | (1) The number of registered nurses, licensed practical nurses, certified nursing assistants, |
12 | medication technicians, licensed physical therapists, licensed occupational therapists, licensed |
13 | speech-language pathologists, mental health workers who are also certified nurse assistants, |
14 | physical therapist assistants, social workers, or any nurse aide with a valid license, even if it is |
15 | probationary; |
16 | (2) The number of temporary, outside agency nursing staff; |
17 | (3) The resident census as of twelve o’clock (12:00) a.m.; and |
18 | (4) Documentation of the use of unpaid eating assistants (if utilized by the nursing facility |
19 | on that date). |
20 | (b) The posting information shall be maintained on file by the nursing facility for no less |
21 | than three (3) years and shall be made available to the public upon request. |
22 | (c) Each nursing facility shall report the information compiled pursuant to section (a) of |
23 | this section and in accordance with department of health regulations to the department of health on |
24 | a quarterly basis in an electronic format prescribed by the director. The director shall make this |
25 | information available to the public on a quarterly basis on the department of health website, |
26 | accompanied by a written explanation to assist members of the public in interpreting the |
27 | information reported pursuant to this section. |
28 | (d) In addition to the daily direct nurse staffing level reports, each nursing facility shall |
29 | post the following information in a legible format and in a conspicuous place readily accessible to |
30 | and visible by residents, employees, and visitors of the nursing facility: |
31 | (1) The minimum number of nursing facility direct care staff per shift that is required to |
32 | comply with the minimum staffing level requirements in § 23-17.5-32; and |
33 | (2) The telephone number or internet website that a resident, employee, or visitor of the |
34 | nursing facility may use to report a suspected violation by the nursing facility of a regulatory |
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1 | requirement concerning staffing levels and direct patient care. |
2 | (e) No nursing facility shall discharge or in any manner discriminate or retaliate against |
3 | any resident of any nursing facility, or any relative, guardian, conservator, or sponsoring agency |
4 | thereof or against any employee of any nursing facility or against any other person because the |
5 | resident, relative, guardian, conservator, sponsoring agency, employee, or other person has filed |
6 | any complaint or instituted or caused to be instituted any proceeding under this chapter, or has |
7 | testified or is about to testify in any such proceeding or because of the exercise by the resident, |
8 | relative, guardian, conservator, sponsoring agency, employee, or other person on behalf of |
9 | themself, or others of any right afforded by §§ 23-17.5-32, 23-17.5-33, and 23-17.5-34. |
10 | Notwithstanding any other provision of law to the contrary, any nursing facility that violates any |
11 | provision of this section shall: |
12 | (1) Be liable to the injured party for treble damages; and |
13 | (2)(i) Reinstate the employee, if the employee was terminated from employment in |
14 | violation of any provision of this section; or |
15 | (ii) Restore the resident to the resident’s living situation prior to such discrimination or |
16 | retaliation, including the resident’s housing arrangement or other living conditions within the |
17 | nursing facility, as appropriate, if the resident’s living situation was changed in violation of any |
18 | provision of this section. For purposes of this section, “discriminate or retaliate” includes, but is |
19 | not limited to, the discharge, demotion, suspension, or any other detrimental change in terms or |
20 | conditions of employment or residency, or the threat of any such action. |
21 | (f)(1) The nursing facility shall prepare an annual report showing the average daily direct |
22 | care nurse staffing level for the nursing facility by shift and by category of nurse to include: |
23 | (i) Registered nurses; |
24 | (ii) Licensed practical nurses; |
25 | (iii) Certified nursing assistants; |
26 | (iv) Medication technicians; |
27 | (v) Licensed physical therapists; |
28 | (vi) Licensed occupational therapists; |
29 | (vii) Licensed speech-language pathologists; |
30 | (viii) Mental health workers who are also certified nurse assistants; |
31 | (ix) Physical therapist assistants; |
32 | (x) Social workers; or |
33 | (xi) Any nurse aide with a valid license, even if it is probationary.; |
34 | (xii) The use of registered and licensed practical nurses and certified nursing assistant staff |
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1 | from temporary placement agencies; and |
2 | (xiii) The nurse and certified nurse assistant turnover rates. |
3 | (2) The annual report shall be submitted with the nursing facility’s renewal application and |
4 | provide data for the previous twelve (12) months and ending on or after September 30, for the year |
5 | preceding the license renewal year. Annual reports shall be submitted in a format prescribed by the |
6 | director. |
7 | (g) The information on nurse staffing shall be reviewed as part of the nursing facility’s |
8 | annual licensing survey and shall be available to the public, both in printed form and on the |
9 | department’s website, by nursing facility. |
10 | (h) The director of nurses may act as a charge nurse only when the nursing facility is |
11 | licensed for thirty (30) beds or less. |
12 | (i) Whenever the licensing agency determines, in the course of inspecting a nursing facility, |
13 | that additional staffing is necessary on any residential area to provide adequate nursing care and |
14 | treatment or to ensure the safety of residents, the licensing agency may require the nursing facility |
15 | to provide such additional staffing and any or all of the following actions shall be taken to enforce |
16 | compliance with the determination of the licensing agency: |
17 | (1) The nursing facility shall be cited for a deficiency and shall be required to augment its |
18 | staff within ten (10) days in accordance with the determination of the licensing agency; |
19 | (2) If failure to augment staffing is cited, the nursing facility shall be required to curtail |
20 | admission to the nursing facility; |
21 | (3) If a continued failure to augment staffing is cited, the nursing facility shall be subjected |
22 | to an immediate compliance order to increase the staffing, in accordance with § 23-1-21; or |
23 | (4) The sequence and inclusion or non-inclusion of the specific sanctions may be modified |
24 | in accordance with the severity of the deficiency in terms of its impact on the quality of resident |
25 | care. |
26 | (j) No nursing staff of any nursing facility shall be regularly scheduled for double shifts. |
27 | (k) A nursing facility that fails to comply with the provisions of this chapter, or any rules |
28 | or regulations adopted pursuant thereto, shall be subject to a penalty as determined by the |
29 | department. |
30 | SECTION 16. Sections 23-27.3-100.1.5 and 23-27.3-107.0 of the General Laws in Chapter |
31 | 23-27.3 entitled "State Building Code" are hereby amended to read as follows: |
32 | 23-27.3-100.1.5. Building code — Adoption and promulgation by committee. |
33 | (a) The state building code standards committee has the authority to adopt, promulgate, |
34 | and administer a state building code, which shall include: |
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1 | (1) Provisions and amendments as necessary to resolve conflicts between fire safety codes |
2 | and building codes, as provided for in § 23-28.01-6; and |
3 | (2) A rehabilitation building and fire code for existing buildings and structures. |
4 | (b) The building code may be promulgated in several sections, with a section applicable |
5 | to: (1) One-, two (2)-, three (3)-, and four (4)-family dwellings using the International Residential |
6 | Code from the International Code Council (“ICC”) and any amendments thereto adopted by the |
7 | state building code standards committee; (2) To multiple Multiple dwellings with more than four |
8 | (4) residential units, and hotels and motels and other commercial structures using the Commercial |
9 | International Building Code from the ICC and any amendments thereto adopted by the state |
10 | building code standards committee; and (3) To general General building construction; to |
11 | plumbing; and to electrical. |
12 | (c) The building code shall incorporate minimum standards for the location, design, |
13 | construction, and installation of wells that are appurtenances to a building in applicable sections. |
14 | For purposes of this chapter, “appurtenance” includes the installation, alteration, or repair of wells |
15 | connected to a structure consistent with chapter 13.2 of title 46. |
16 | (d) The building code and the sections thereof shall be reasonably consistent with |
17 | recognized and accepted standards adopted by national model code organizations and recognized |
18 | authorities. To the extent that any state or local building codes, statutes, or ordinances are |
19 | inconsistent with the Americans with Disabilities Act, Title III, Public Accommodations and |
20 | Services Operated by Private Entities, 42 U.S.C. § 12181 et seq., and its regulations and standards, |
21 | they are hereby repealed. The state building code standards committee is hereby directed to adopt |
22 | rules and regulations consistent with the Americans with Disabilities Act, Titles II and III (28 |
23 | C.F.R. Part 35 and 28 C.F.R. Part 36, as amended), as soon as possible, but no later than February |
24 | 15, 2012, to take effect on or before March 15, 2012. The state building code standards committee |
25 | is hereby authorized and directed to update those rules and regulations consistent with the future |
26 | revisions of the Americans with Disabilities Act Accessibility Standards. |
27 | (e) All electrical work done in the state shall be in accordance with the latest edition of the |
28 | National Electrical Code (NEC). The state building code standards committee shall adopt the latest |
29 | edition of the NEC, including any amendments to the NEC by the committee. The adoption of the |
30 | NEC by the commission shall be completed so that it will take effect on the first day of July of the |
31 | year the edition is dated. |
32 | 23-27.3-107.0. State building code office. |
33 | There exists a state building code office within the office of the state fire marshal, who is |
34 | the head of the department of business regulation’s division of building, design and fire |
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1 | professionals pursuant to § 23-28.2-1. The office is comprised of the state building code |
2 | commissioner, the commissioner’s staff, the contractors’ registration and licensing board, the |
3 | building code standards committee, the design professionals professionals' registration boards for |
4 | engineers, land surveyors, architects and landscape architects and all other applicable |
5 | subcommittees. |
6 | SECTION 17. Sections 23-99-3 and 23-99-4 of the General Laws in Chapter 23-99 entitled |
7 | "The Rhode Island Life Science Hub Act" are hereby amended to read as follows: |
8 | 23-99-3. Definitions. |
9 | As used in this chapter, the following words shall have the following meanings: |
10 | (1) “Affiliate” means any person or company who or that directly or indirectly controls or |
11 | is controlled by or is under direct or indirect common control of another company or person |
12 | including, but not limited to, any company that is merged or consolidated, or that purchases all or |
13 | substantially all of the assets of another company. |
14 | (2) “Board” means the board of directors of the hub. |
15 | (3) “Certification proposal” means a written proposal submitted by a life science company |
16 | for approval as a certified life sciences company. |
17 | (4) “Certified life sciences company” means a life science company that has been certified |
18 | by the board as being eligible to receive grants and incentives from the investment fund. |
19 | (5) “Commerce corporation” means the Rhode Island commerce corporation, established |
20 | pursuant to § 42-64-1 et seq. |
21 | (6) “Company” means a business corporation, partnership, firm, unincorporated |
22 | association, or other entity engaged or proposing to engage in economic activity within the state, |
23 | and any affiliate thereof. |
24 | (7) “Hub” means the Rhode Island life science hub established by § 23-99-4. |
25 | (8) “Investment fund” means the hub investment fund established by § 23-99-6. |
26 | (9) “Life science” means and shall include, but not be limited to, the science of: medical |
27 | devices, biomedical technology, biomedical engineering, biopharmaceuticals, genomics, |
28 | biomanufacturing, cell and gene therapies, health software and artificial intelligence, genomics, |
29 | diagnostics, digital health, marine science, agricultural science, veterinary science and the broader |
30 | life sciences to foster the development of cutting-edge medical breakthroughs. |
31 | (10) “Life science company” means a company engaged in life science research, |
32 | development, manufacturing, incubation, or commercialization in Rhode Island, and any affiliate |
33 | thereof. |
34 | (11) “Person” means a natural person, company, or other legal entity. |
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1 | (12) “Revenue” means receipts, fees, rentals, or other payments or income received or to |
2 | be received by the hub in the exercise of its corporate powers under this chapter including, but not |
3 | limited to, income on account of the leasing, mortgaging, sale, or other disposition of property or |
4 | proceeds of a loan made by the hub, and amounts in reserves or held in other funds or accounts |
5 | established in connection with the issuance of bonds or notes and the proceeds of any investments |
6 | thereof, proceeds of foreclosure and other fees, charges, or other income received or receivable by |
7 | the hub. |
8 | (13) “State” means the state of Rhode Island. |
9 | (14) “State public body” means the state, or any city or town or any other subdivision or |
10 | public body of the state or of any city or town. |
11 | (15) “Venture” means, without limitation, any contractual arrangement with any person |
12 | whereby the corporation obtains rights from or in an invention or product or proceeds therefrom, |
13 | or rights to obtain from any person any and all forms of equity instruments including, but not limited |
14 | to, common and preferred stock, warrants, options, convertible debentures, and similar types of |
15 | instruments exercisable or convertible into capital stock, in exchange for the granting of financial |
16 | aid to such person. |
17 | 23-99-4. Rhode Island life science hub established. |
18 | (a) There is hereby constituted as an independent public a public corporation for the |
19 | purposes set forth in this chapter with a separate legal existence from the state to be known as the |
20 | Rhode Island life science hub hereinafter to be referred to as the “hub”. The exercise by the hub of |
21 | the powers conferred by this chapter shall be considered to be the performance of an essential |
22 | governmental function and the hub shall be considered a “constituted authority” and an |
23 | “instrumentality” of the state acting on behalf of the state for federal tax purposes. |
24 | (b) The hub shall be governed and its corporate powers exercised by a board of directors |
25 | consisting of sixteen (16) directors: fifteen (15) of whom shall be appointed by the governor, and |
26 | one of whom shall be the person the board hires from time to time as president and chief executive |
27 | officer of the hub. The president and chief executive officer of the hub shall serve ex officio and, |
28 | except as otherwise provided in subsection (k) of this section, shall not be a voting member of the |
29 | board of directors. The fifteen (15) directors appointed by the governor shall consist of seven (7) |
30 | public directors and eight (8) institutional directors. The seven (7) public directors shall have the |
31 | following qualifications: one shall be a senior executive with extensive background in the banking, |
32 | grant making, or fundraising fields, or their designee; one shall be a member of a life science trade |
33 | association, or their designee; one shall be the president or a senior executive of a Rhode Island |
34 | based life science company, or their designee; two (2) shall be senior executives of Rhode Island |
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1 | based life science companies specializing in biomanufacturing, or their designees; one shall be a |
2 | representative of organized labor, or their designee; and one shall be a member of the public who |
3 | shall be a certified public accountant and a member of the Rhode Island society of certified public |
4 | accountants, or their designee. The eight (8) institutional directors shall have the following |
5 | qualifications: one shall be the secretary of commerce, ex officio; three (3) shall be the president |
6 | of Rhode Island college, ex officio, or their designee, the president of the university of Rhode |
7 | Island, ex officio, or their designee, and the president of Brown university, ex officio, or their |
8 | designee; one shall be the dean of the Warren Alpert Medical School of Brown university, ex |
9 | officio, or their designee; one shall be the president and chief executive officer of Brown university |
10 | health, ex officio, or their designee; one shall be the president and chief executive officer of Care |
11 | New England Health System, ex officio, or their designee; and one shall be the director of economic |
12 | development for the city of Providence, ex officio, or their designee. To the extent that an institution |
13 | takes on a new legal name, the institutional director shall continue to serve as an institutional |
14 | director without the need for reappointment. To the extent that an institution merges, converts, |
15 | consolidates with, or sells or transfers all or substantially all of its assets to another company and |
16 | such company retains its primary operations in the state, the chief executive officer of such |
17 | company shall be qualified for appointment as an institutional director in accordance with this |
18 | section. |
19 | (c) The chair of the board shall be appointed by the governor, with the advice and consent |
20 | of the senate, and shall be an individual who served in the capacity as a senior executive with |
21 | extensive background in the banking, grant making, or fundraising fields. The vice-chair of the |
22 | board shall be the secretary of commerce. All directors, including ex officio directors, shall be |
23 | voting members of the board of directors, except for the director serving as president and chief |
24 | executive officer of the hub, who shall not be a voting member of the board. Eight (8) voting |
25 | directors shall constitute a quorum, and any action to be taken by the board under the provisions of |
26 | this chapter may be authorized by resolution approved by a majority of the directors present and |
27 | entitled to vote at any regular or special meeting at which a quorum is present. No votes on the |
28 | certification of any life science company nor on the allocation or award of any investment fund |
29 | resources to any certified life science company shall be taken unless the chair is present and voting. |
30 | A vacancy in the membership of the board of directors shall not impair the right of a quorum to |
31 | exercise all of the rights and perform all of the duties of the board. Pursuant to § 42-46-5(b)(6), |
32 | board directors are authorized to participate remotely using videoconferencing technology in open |
33 | public meetings of the board; provided, however, that: |
34 | (1) The remote director(s) and all persons present at the meeting location are clearly audible |
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1 | and visible to each other; |
2 | (2) A quorum of the body is participating, either in person or by the use of remote |
3 | videoconferencing technology; |
4 | (3) A voting director who participates in a meeting of the board remotely shall be |
5 | considered present for purposes of a quorum and voting; |
6 | (4) If videoconferencing is used to conduct a meeting, the public notice for the meeting |
7 | shall inform the public that videoconferencing will be used and include instructions on how the |
8 | public can access the virtual meeting; and |
9 | (5) The board shall adopt rules defining the requirements of remote participation including |
10 | its use for executive session, and the conditions by which a director is authorized to participate |
11 | remotely. |
12 | (d) Each public director shall serve an initial term of four (4) years. At the expiration of the |
13 | initial terms of public directors in January 2028, the governor shall appoint two (2) directors for a |
14 | term of four (4) years, two (2) directors for a term of three (3) years, two (2) directors for a term of |
15 | two (2) years, and one director for a term of one year. Thereafter, the governor shall appoint a new |
16 | public director or directors to succeed the public director or directors whose terms then next expire, |
17 | to serve a term of four (4) years. The president and chief executive officer shall have a board term |
18 | coextensive with such person’s employment contract with the hub. In the event that the chair of the |
19 | board position becomes vacant for any reason, or the chair is not able to perform the duties of that |
20 | position for any reason, the vice chair shall serve as the interim chair until the chair is able to resume |
21 | the chair’s duties; provided, however, in the event that the chair is not able to resume the chair’s |
22 | duties in that position, the governor shall appoint a new chair and, in making this appointment, the |
23 | governor shall give due consideration to appointing an individual from a list of six (6) candidates, |
24 | three (3) of whom shall be provided to the governor by the speaker of the house and three (3) of |
25 | whom shall be provided to the governor by the president of the senate. Any person appointed to fill |
26 | a vacancy in the office of a public director of the board shall be appointed in a like manner and |
27 | shall serve for the unexpired term of such public director. Any director shall be eligible for |
28 | reappointment. |
29 | (e) The public director who is a certified public accountant and a member of the Rhode |
30 | Island society of certified public accountants shall serve as treasurer and shall be charged with |
31 | keeping the funds, books of account, and accounting records of the hub. No grants, loans or other |
32 | financings, or incentives shall be issued by the hub to any certified life science company without |
33 | the approval of the board. The board shall annually elect a secretary who shall keep a record of the |
34 | proceedings of the board and shall be custodian of all books, documents, and papers. |
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1 | (f) Board directors, other than the director who serves as the president and chief executive |
2 | officer of the hub, shall serve without compensation, but each director shall be entitled to |
3 | reimbursement for actual, reasonable, and necessary expenses while engaged in the performance |
4 | of official duties. Board directors, officers, and employees shall not be liable to the state, the hub, |
5 | or to any other person as a result of their activities except for malfeasance in office or intentional |
6 | violations of law. |
7 | (g) The board shall establish an application review committee consisting of not less than |
8 | three (3) directors of the board, which shall review certification proposals submitted by life sciences |
9 | companies that shall be supported by independently verifiable information, and the board shall |
10 | make a record of findings based on the certification proposal, documents submitted therewith, and |
11 | any additional evidence that the life science company meets all criteria that the hub may prescribe. |
12 | (h) Certified life science companies shall be eligible to receive funding from the hub, upon |
13 | a majority vote of the board, for the following benefits which shall be awarded by the board on a |
14 | competitive basis: |
15 | (1) Grants, loans, or other investments; |
16 | (2) Assistance from the hub in obtaining federal, state, and nonprofit monies; or |
17 | (3) Assistance from the hub in facilitating clinical trials. |
18 | (i) Notwithstanding any other provisions of law in relation to their tenure of office, the |
19 | governor may remove any director, including institutional directors, for the neglect of any duty |
20 | required by law, incompetence, unprofessional conduct, or willful misconduct. If an institutional |
21 | director is so removed, such institutional director’s designee shall serve on the board in their place |
22 | for the remainder of their term. |
23 | (j) Each director shall make full disclosure, in accordance with §§ 36-14-1 — 36-14-7, of |
24 | any financial interest, if any, in any matter before the board. Such interest must be disclosed in |
25 | advance to the directors of the board, recorded in the minutes of the board, and the director having |
26 | such an interest shall recuse themselves and shall not participate in any decision of the board |
27 | relating to such interest. |
28 | (k) With the advice and consent of the senate, the board shall have the power to hire a |
29 | president, who shall also serve as the chief executive officer of the hub and who shall be a non- |
30 | voting member of the board of directors, but who shall be entitled to vote as a member of any |
31 | advisory committee to which the president/chief executive officer is appointed. The board also shall |
32 | have the power to establish compensation and conditions of employment for the president and chief |
33 | executive officer; provided, further, the board shall have the power to hire other employees and |
34 | establish compensation and conditions of employment for such employees. |
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1 | (l) The commerce corporation shall provide operating quarters for the hub for, at a |
2 | minimum, the first year of the hub’s operation. |
3 | (m) In addition to the application review committee, the board may establish one or more |
4 | advisory committees, each consisting of not less than three (3) and not more than seven (7) |
5 | directors, which may also include persons who are not directors, which committees shall support |
6 | the board on science, technology, and other matters. Such advisory committees shall keep records |
7 | of their findings and recommendations. |
8 | (n) The hub shall continue as long as it shall have bonds outstanding and until its existence |
9 | is terminated by law. Upon the termination of the existence of the hub, all right, title, and interest |
10 | in and to all of its assets and all of its obligations, duties, covenants, agreements, and obligations |
11 | shall vest in and be possessed, performed, and assumed by the state and no part of the earnings of |
12 | the hub shall inure to the benefit of any private person. |
13 | SECTION 18. Section 28-29-2 of the General Laws in Chapter 28-29 entitled "Workers’ |
14 | Compensation — General Provisions" is hereby amended to read as follows: |
15 | 28-29-2. Definitions. |
16 | In chapters 29 — 38 of this title, unless the context otherwise requires: |
17 | (1) “Department” means the department of labor and training. |
18 | (2) “Director” means the director of labor and training or the director's designee unless |
19 | specifically stated otherwise. |
20 | (3)(i) “Earnings capacity” means the weekly straight-time earnings that an employee could |
21 | receive if the employee accepted an actual offer of suitable alternative employment. Earnings |
22 | capacity can also be established by the court based on evidence of ability to earn, including, but not |
23 | limited to, a determination of the degree of functional impairment and/or disability, that an |
24 | employee is capable of employment. The court may, in its discretion, take into consideration the |
25 | performance of the employee’s duty to actively seek employment in scheduling the implementation |
26 | of the reduction. The employer need not identify particular employment before the court can direct |
27 | an earnings capacity adjustment. In the event that an employee returns to light-duty employment |
28 | while partially disabled, an earnings capacity shall not be set based upon actual wages earned until |
29 | the employee has successfully worked at light duty for a period of at least thirteen (13) weeks. |
30 | (ii) As used under the provisions of this title, “functional impairment” means an anatomical |
31 | or functional abnormality existing after the date of maximum medical improvement as determined |
32 | by a medically or scientifically demonstrable finding and based upon the sixth (6th) edition of the |
33 | American Medical Association’s Guide to the Evaluation of Permanent Impairment or comparable |
34 | publications of the American Medical Association. |
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1 | (iii) In the event that an employee returns to employment at an average weekly wage equal |
2 | to the employee’s pre-injury earnings exclusive of overtime, the employee will be presumed to |
3 | have regained their earning capacity. |
4 | (4)(i) “Employee” means any person who has entered into the employment of or works |
5 | under contract of service or apprenticeship with any employer, except that in the case of a city or |
6 | town other than the city of Providence it shall only mean that class or those classes of employees |
7 | as may be designated by a city, town, or regional school district in a manner provided in this chapter |
8 | to receive compensation under chapters 29 — 38 of this title. |
9 | (ii) Any person employed by the state of Rhode Island, or by the Rhode Island airport |
10 | corporation, except for sworn employees of the Rhode Island state police, who is otherwise entitled |
11 | to the benefits of chapter 19 of title 45 shall be subject to the provisions of chapters 29 — 38 of this |
12 | title for case management procedures and dispute resolution by the workers’ compensation court |
13 | for all petitions filed on or after July 1, 2025, for the following benefit and disability determinations: |
14 | (A) The nature and status of disability of the injured employee; |
15 | (B) The nature and location of injury relative to the work incident; |
16 | (C) Maximum medical improvement (MMI), as it is defined under § 28-33-2(9) subsection |
17 | (9) of this section; |
18 | (D) All issues of legal and/or medical causation; |
19 | (E) Suitable alternative employment; and |
20 | (F) The assignment of fees and costs pursuant to the provisions of § 28-35-32. The court |
21 | may in its discretion appoint an impartial medical examiner in accordance with § 28-33-35. The |
22 | court shall hereby be empowered to enforce all of its orders, decrees, and consent agreements of |
23 | the parties. |
24 | (iii) The term “employee” does not include any individual who is a shareholder or director |
25 | in a corporation, general or limited partners in a general partnership, a registered limited liability |
26 | partnership, a limited partnership, or partners in a registered limited liability limited partnership, or |
27 | any individual who is a member in a limited liability company. These exclusions do not apply to |
28 | shareholders, directors, and members who have entered into the employment of or who work under |
29 | a contract of service or apprenticeship within a corporation or a limited liability company. |
30 | (iv) The term “employee” also does not include a sole proprietor, independent contractor, |
31 | or a person whose employment is of a casual nature, and who is employed other than for the purpose |
32 | of the employer’s trade or business, or a person whose services are voluntary or who performs |
33 | charitable acts, nor shall it include the members of the regularly organized fire and police |
34 | departments of any town or city except for appeals from an order of the retirement board filed |
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1 | pursuant to the provisions of § 45-21.2-9; provided, however, that it shall include the members of |
2 | the police and aircraft rescue and firefighting (ARFF) units of the Rhode Island airport corporation. |
3 | (v) Whenever a contractor has contracted with the state, a city, town, or regional school |
4 | district, any person employed by that contractor in work under contract shall not be deemed an |
5 | employee of the state, city, town, or regional school district as the case may be. |
6 | (vi) Any person who on or after January 1, 1999, was an employee and became a corporate |
7 | officer shall remain an employee, for purposes of these chapters, unless and until coverage under |
8 | this act is waived pursuant to § 28-29-8(b) or § 28-29-17. Any person who is appointed a corporate |
9 | officer between January 1, 1999, and December 31, 2001, and was not previously an employee of |
10 | the corporation, will not be considered an employee, for purposes of these chapters, unless that |
11 | corporate officer has filed a notice pursuant to § 28-29-19(c). |
12 | (vii) In the case of a person whose services are voluntary or who performs charitable acts, |
13 | any benefit received, in the form of monetary remuneration or otherwise, shall be reportable to the |
14 | appropriate taxation authority but shall not be deemed to be wages earned under contract of hire |
15 | for purposes of qualifying for benefits under chapters 29 — 38 of this title. |
16 | (viii) Any reference to an employee who had been injured shall, where the employee is |
17 | dead, include a reference to the employee’s dependents as defined in this section, or to the |
18 | employee’s legal representatives, or, where the employee is a minor or incompetent, to the |
19 | employee’s conservator or guardian. |
20 | (ix) A “seasonal occupation” means those occupations in which work is performed on a |
21 | seasonal basis of not more than sixteen (16) weeks. |
22 | (5) “Employer” includes any person, partnership, corporation, or voluntary association, and |
23 | the legal representative of a deceased employer; it includes the state, and the city of Providence. It |
24 | also includes each city, town, and regional school district in the state that votes or accepts the |
25 | provisions of chapters 29 — 38 of this title in the manner provided in this chapter or is a party to |
26 | an appeal from an order of the retirement board filed pursuant to the provisions of § 45-21.2-9. |
27 | (6) “General or special employer”: |
28 | (i) “General employer” includes but is not limited to temporary help companies and |
29 | employee leasing companies and means a person who for consideration and as the regular course |
30 | of its business supplies an employee with or without vehicle to another person. |
31 | (ii) “Special employer” means a person who contracts for services with a general employer |
32 | for the use of an employee, a vehicle, or both. |
33 | (iii) Whenever there is a general employer and special employer wherein the general |
34 | employer supplies to the special employer an employee and the general employer pays or is |
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1 | obligated to pay the wages or salaries of the supplied employee, then, notwithstanding the fact that |
2 | direction and control is in the special employer and not the general employer, the general employer, |
3 | if it is subject to the provisions of the workers’ compensation act or has accepted that act, shall be |
4 | deemed to be the employer as set forth in subsection (5) of this section and both the general and |
5 | special employer shall be the employer for purposes of §§ 28-29-17 and 28-29-18. |
6 | (iv) Effective January 1, 2003, whenever a general employer enters into a contract or |
7 | arrangement with a special employer to supply an employee or employees for work, the special |
8 | employer shall require an insurer generated insurance coverage certification, on a form prescribed |
9 | by the department, demonstrating Rhode Island workers’ compensation and employer’s liability |
10 | coverage evidencing that the general employer carries workers’ compensation insurance with that |
11 | insurer with no indebtedness for its employees for the term of the contract or arrangement. In the |
12 | event that the special employer fails to obtain and maintain at policy renewal and thereafter this |
13 | insurer generated insurance coverage certification demonstrating Rhode Island workers’ |
14 | compensation and employer’s liability coverage from the general employer, the special employer |
15 | is deemed to be the employer pursuant to the provisions of this section. Upon the cancellation or |
16 | failure to renew, the insurer having written the workers’ compensation and employer’s liability |
17 | policy shall notify the certificate holders and the department of the cancellation or failure to renew |
18 | and upon notice, the certificate holders shall be deemed to be the employer for the term of the |
19 | contract or arrangement unless or until a new certification is obtained. |
20 | (7) “Independent contractor” means a person who has filed a notice of designation as |
21 | independent contractor with the director pursuant to § 28-29-17.1 or as otherwise found by the |
22 | workers’ compensation court. |
23 | (8)(i) “Injury” means and refers to personal injury to an employee arising out of and in the |
24 | course of the employee’s employment, connected and referable to the employment. |
25 | (ii) An injury to an employee while voluntarily participating in a private, group, or |
26 | employer-sponsored carpool, vanpool, commuter bus service, or other rideshare program, having |
27 | as its sole purpose the mass transportation of employees to and from work shall not be deemed to |
28 | have arisen out of and in the course of employment. Nothing in the foregoing provision shall be |
29 | held to deny benefits under chapters 29 — 38 and chapter 47 of this title to employees such as |
30 | drivers, mechanics, and others who receive remuneration for their participation in the rideshare |
31 | program. Provided, that the foregoing provision shall not bar the right of an employee to recover |
32 | against an employer and/or driver for tortious misconduct. |
33 | (9) “Maximum medical improvement” means a point in time when any medically |
34 | determinable physical or mental impairment as a result of injury has become stable and when no |
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1 | further treatment is reasonably expected to materially improve the condition. Neither the need for |
2 | future medical maintenance nor the possibility of improvement or deterioration resulting from the |
3 | passage of time and not from the ordinary course of the disabling condition, nor the continuation |
4 | of a preexisting condition precludes a finding of maximum medical improvement. A finding of |
5 | maximum medical improvement by the workers’ compensation court may be reviewed only where |
6 | it is established that an employee’s condition has substantially deteriorated or improved. |
7 | (10) “Physician” means medical doctor, surgeon, dentist, licensed psychologist, |
8 | chiropractor, osteopath, podiatrist, or optometrist, as the case may be. |
9 | (11) “Suitable alternative employment” means employment or an actual offer of |
10 | employment that the employee is physically able to perform and will not exacerbate the employee’s |
11 | health condition and that bears a reasonable relationship to the employee’s qualifications, |
12 | background, education, and training. The employee’s age alone shall not be considered in |
13 | determining the suitableness of the alternative employment. |
14 | SECTION 19. Section 31-51-3 of the General Laws in Chapter 31-51 entitled "School Bus |
15 | Safety Enforcement" is hereby amended to read as follows: |
16 | 31-51-3. Procedure — Notice. |
17 | (a) Except as expressly provided in this chapter, all prosecutions based on evidence |
18 | produced by a live digital video school bus violation detection monitoring system shall follow the |
19 | procedures established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated |
20 | by the chief magistrate of the traffic tribunal for the hearing of civil traffic violations in the traffic |
21 | tribunal. Provided, that in an action brought pursuant to the provisions of this chapter, references |
22 | in chapter 41.1 of this title to an “operator” shall apply to the registered owner of the vehicle. A |
23 | summons may be issued by an officer solely based on evidence obtained by use of a live digital |
24 | video school bus violation detection monitoring system. All summonses issued based on evidence |
25 | obtained from a live digital video school bus violation detection monitoring system shall be issued |
26 | within ten (10) days of the violation. Notwithstanding any provisions of the general laws to the |
27 | contrary, jurisdiction to hear and decide any violation under this chapter shall be as follows: |
28 | (1) By the traffic tribunal over all violations for which the summons is issued by a state |
29 | agency; |
30 | (2) By the traffic tribunal over all violations for which the summons is issued by a city or |
31 | town which has not established a municipal court; and |
32 | (3) By the municipal court over all violations for which the summons is issued by a city or |
33 | town which has established a municipal court. |
34 | (b) It shall be sufficient to commence a prosecution based on evidence obtained from a live |
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1 | digital video school bus violation detection monitoring system. A copy of the summons and |
2 | supporting documentation shall be mailed to the address of the registered owner kept on file by the |
3 | registry of motor vehicles. For purposes of this section, the date of issuance shall be the date of |
4 | mailing. |
5 | (c) The officer issuing the citation shall certify under penalties of perjury that the evidence |
6 | obtained from the live digital video school bus violation detection monitoring system was sufficient |
7 | to demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all |
8 | prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient proof |
9 | of actual notice in all cases where the citation is not answered within the time period permitted. |
10 | (d) The summons shall contain all the information provided for on the uniform summons |
11 | as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the |
12 | traffic tribunal as well as the date, time, and location of the violation. In addition, the following |
13 | information shall be attached to or accompany the summons: |
14 | (1) Copies of two (2) or more photographs, or microphotographs, videos, or other recorded |
15 | images taken as proof of the violation; |
16 | (2) A signed statement certified under the penalties of perjury by a trained law enforcement |
17 | officer that, based on inspection of recorded images and video, the motor vehicle was being |
18 | operated in violation of this chapter; |
19 | (3) A signed statement that recorded images are evidence of a violation of this chapter; |
20 | (4) A statement that the person who receives the summons under this chapter may either |
21 | pay the civil fine in accordance with the provisions of § 31-51-2.2, proceed under § 31-51-5(c)(3) |
22 | of this section 31-51-5(c)(2), or elect to stand trial for the alleged violation; |
23 | (5) A signed affidavit by a person who witnessed the motor vehicle being operated in |
24 | violation of this chapter; and |
25 | (6) A signed statement certified under the penalties of perjury by a trained law enforcement |
26 | officer that the summons and attachments required under this subsection were mailed to the address |
27 | of the registered owner kept on file by the registry of motor vehicles. |
28 | (e) Any summons issued pursuant to this chapter shall be issued by a law enforcement |
29 | officer authorized to issue a traffic violation summons pursuant to this title. |
30 | SECTION 20. Section 35-24-4 of the General Laws in Chapter 35-24 entitled "Rhode |
31 | Island Baby Bond Trust" is hereby amended to read as follows: |
32 | 35-24-4. Investment of funds in the trust. |
33 | Notwithstanding the provisions of §§ 35-10-12 — 35-10-14, inclusive, the general |
34 | treasurer shall invest the amounts on deposit in the trust in a manner reasonable and appropriate to |
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1 | achieve the objectives of the trust, exercising the discretion and care of a prudent person in similar |
2 | circumstances with similar objectives. The general treasurer shall give due consideration to rate of |
3 | return, risk, term or maturity, diversification of the portfolio within the trust, liquidity, the projected |
4 | disbursements of the total portfolio within the trust, liquidity, the projected disbursements and |
5 | expenditures and the expected payments, deposits, contributions, and gifts to be received. The |
6 | general treasurer shall not require the trust to invest directly in obligations of the state or any |
7 | political subdivision of the state or in any investment or other fund administered by the general |
8 | treasurer. The assets of the trust shall be continuously invested and reinvested in a manner |
9 | consistent with the objectives of the trust until disbursed for eligible expenditures as defined by this |
10 | chapter or expended on expenses incurred by the operations of the trust. |
11 | SECTION 21. Section 36-14-8 of the General Laws in Chapter 36-14 entitled "Code of |
12 | Ethics" is hereby amended to read as follows: |
13 | 36-14-8. Rhode Island ethics commission — Establishment — Members — Vacancies |
14 | — Quorum — Compensation and quarters. |
15 | (a) There is hereby established an independent and nonpartisan Rhode Island ethics |
16 | commission composed of nine (9) members appointed by the governor. The president of the senate, |
17 | the minority leader of the senate, the speaker of the house of representatives, the majority leader of |
18 | the house of representatives, and the minority leader of the house of representatives shall, within |
19 | twenty (20) days of July 21, 1992, each submit to the governor a list of names of at least five (5) |
20 | individuals. The governor shall, within forty (40) days of July 21, 1992, appoint one individual |
21 | from each of the lists so submitted and four (4) individuals without regard to the lists submitted by |
22 | the legislative leaders. |
23 | (b) Members of the commission shall serve for terms of five (5) years, except that, of the |
24 | members first appointed: |
25 | (1) The individual appointed from the list submitted by the majority leader of the house of |
26 | representatives shall serve for one year; |
27 | (2) The individuals appointed from the lists submitted by the minority leader of the senate |
28 | and one of the individuals appointed by the governor without regard to the lists submitted by the |
29 | legislative leaders shall serve for two (2) years; |
30 | (3) The individual appointed from the list submitted by the minority leader of the house of |
31 | representatives and one of the individuals appointed by the governor without regard to the lists |
32 | submitted by the legislative leaders shall serve for three (3) years; |
33 | (4) The individual appointed from the list submitted by the president of the senate and one |
34 | of the individuals appointed from the list submitted by the minority leader of the house of |
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1 | representatives shall serve for four (4) years; and |
2 | (5) The individual appointed from the list submitted by the speaker of the house of |
3 | representatives and one of the individuals appointed from the list submitted by the minority leader |
4 | of the senate shall serve for five (5) years. |
5 | (c) No member shall be appointed for more than one full five (5) year term; provided, |
6 | however, that each member shall continue to serve until his or her successor is appointed and |
7 | qualified; and, provided further, that if, at the time of the expiration of any member’s term, that |
8 | member is actively engaged in the adjudication of a complaint, he or she shall continue to serve in |
9 | that capacity until the commission has completed its responsibilities with respect to that complaint. |
10 | (d) The governor shall, at the time of the initial appointments to the commission, designate |
11 | one member to act as chairperson of the commission for a period of one year and another to act as |
12 | vice chairperson of the commission for a period of one year. Thereafter, the commission shall elect |
13 | a chairperson and a vice chairperson. The vice chairperson shall act as chairperson in the absence |
14 | of the chairperson or in the event of a vacancy in that position. |
15 | (e) Any vacancy on the commission, occurring for any reason prior to the expiration of the |
16 | term, shall be filled for the unexpired term by the appointing authority in the same manner as the |
17 | original appointment within thirty (30) days of the vacancy occurring. |
18 | (f) No individual, while a member or employee of the commission, including any legal |
19 | counsel engaged by the commission, shall: |
20 | (1) Hold or campaign for any other public office; |
21 | (2) Hold office in any political party or political committee; |
22 | (3) Participate in or contribute to any political campaign; |
23 | (4) Directly or indirectly attempt to influence any decision by a governmental body, other |
24 | than as the duly authorized representative of the commission on a matter within the jurisdiction of |
25 | the commission; |
26 | (5) Have held elective public office or have been a candidate for elective public office for |
27 | a one year period prior to appointment. |
28 | (6) Have any equity interest or ownership interest in, or be employed by a business entity |
29 | that derives any of its revenue or income by engaging in lobbying, as defined in chapter 22-10 and |
30 | chapter 42-139 139.1 of title 42. |
31 | (g) The governor shall declare vacant the position on the commission of any member who |
32 | takes part in activities prohibited by subsection (f) of this section. An individual appointed to fill a |
33 | vacancy occurring other than by the expiration of a term of office shall be appointed for the |
34 | unexpired term of the member he or she succeeds, and is eligible for appointment to one full five- |
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1 | year term thereafter. Any vacancy occurring on the commission shall be filled within thirty (30) |
2 | days in the manner in which that position was originally filled. |
3 | (h) For any action to be taken under the terms of this chapter by the full commission, five |
4 | (5) members of the commission shall constitute a quorum. |
5 | (i) Commission members shall not be compensated for attendance at meetings of the |
6 | commission or of any investigating committee or adjudicative panel of the commission. |
7 | (j) All departments and agencies of the state or of any city or town or political subdivision |
8 | within this state shall furnish such advice or information documentary or otherwise, to the |
9 | commission and its agents as is deemed necessary or desirable by the commission to facilitate the |
10 | purposes of this chapter. |
11 | (k) The director of administration is hereby authorized and directed to provide suitable |
12 | quarters for the commission. |
13 | (l) When commission members act in good faith within the scope of their authority and in |
14 | their official capacities they shall be afforded protection against civil liability as provided in § 9-1- |
15 | 31.1. |
16 | SECTION 22. Sections 38-3-6 and 38-3-7 of the General Laws in Chapter 38-3 entitled |
17 | "Public Records Administration" are hereby amended to read as follows: |
18 | 38-3-6. Public records custody and disposal. |
19 | (a) Each agency shall prepare and submit to the program, in accordance with the rules and |
20 | regulations of the program, record control schedules for all public records in the custody of the |
21 | agency. |
22 | (b) Proposed schedules shall be sent to the offices of the attorney general and the auditor |
23 | general. Within one hundred twenty (120) days of receipt, the attorney general and the auditor |
24 | general may, within their discretion, provide the administrator with comments regarding the |
25 | proposed schedule. If the proposed schedules are not returned to the administrator within one |
26 | hundred twenty (120) days of receiving the proposed schedule, the proposed schedule may |
27 | nonetheless be made final for use in records disposition pursuant to § 38-3-7(4). |
28 | (c) Those records which are determined by an agency not to be needed in the transaction |
29 | of current business but which, for legal or fiscal requirements, must be retained for specific time |
30 | periods beyond administrative needs, may be sent to the records center. The records will be kept in |
31 | the center until time for disposition as provided in record control schedules. |
32 | (d) Public records possessing enduring value and that have not yet met minimum retention |
33 | as determined by the records control schedules may be transferred to the state records center after |
34 | the twentieth year or when no longer considered active. |
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1 | (e) Public records determined to be of permanent value according to the records retention |
2 | schedule and by the administrator in consultation with the state archivist, shall be transferred to the |
3 | state archives following assessment after the twentieth year, if not sooner, if the transfer of custody |
4 | is in the best interest of the record. |
5 | (f) Title to any record placed in the records center shall remain with the agency placing the |
6 | record in the center. |
7 | (g) Title to any record transferred to the state archives, as authorized in this chapter, shall |
8 | be vested in the program and shall be made available to the public. |
9 | (h) Any record placed in keeping of the program under special terms or conditions |
10 | restricting their use shall be made available only in accordance with the provisions of § 38-2-2. |
11 | (i) Provide The administrator shall provide a public research room where, upon policies |
12 | established by the program, the records in the state archives may be studied. |
13 | (j) No public record shall be destroyed or otherwise disposed of by any agency without |
14 | prior notice to, and approval by, the program pursuant to subsection (a) of this section. Records |
15 | without established retention in an approved records retention schedule cannot be destroyed. |
16 | (k) The program shall adopt reasonable rules and regulations not inconsistent with this |
17 | chapter relating to the destruction and disposal of records. The rules and regulations shall provide |
18 | but not be limited to: |
19 | (1) Procedures for preparing and submitting record control schedules to the program; |
20 | (2) Procedures for the physical destruction or other disposal of records; and |
21 | (3) Standards for the reproduction of records for security or with a view to the disposal of |
22 | the original record. |
23 | 38-3-7. Duties and responsibilities of agencies. |
24 | It shall be the duty of each agency to: |
25 | (1) Cooperate with the program in complying with the provisions of this chapter; |
26 | (2) Establish and maintain active and continuous procedure for the economical and |
27 | efficient management of public records, including, but not limited to, working with the |
28 | administrator to create and update records control schedules and transfer permanent records to the |
29 | state archives; |
30 | (3) Transfer records, or any reasonably segregable portion thereof not including personal |
31 | papers deemed not public pursuant to § 42-8.1-2(11) the definition of records in § 42-8.1-2, |
32 | created or received by general officers, immediate staff, or a unit or individual of the executive |
33 | office whose function is to advise and assist general officers, in the course of conducting activities |
34 | which relate to or have an effect upon the carrying out of the constitutional, statutory, or other |
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1 | official duties carried out on behalf of the state. Such materials shall be transferred at the end of the |
2 | elected official’s final term within thirty (30) days of leaving such office; |
3 | (4) Submit a certification of records destruction for approval by the program for each public |
4 | record the agency seeks to destroy once it has met its approved minimum retention period. The |
5 | certification of records destruction shall be the permanent replacement for duly approved destroyed |
6 | public records; and |
7 | (5) Not later than January 1, 2026, designate a records officer who has responsibility for |
8 | compliance with this chapter and has been provided orientation and training by the public records |
9 | administration regarding this chapter. The records officer: |
10 | (i) Shall establish and operate a records management program for the agency in cooperation |
11 | with the public records administration and state archives; |
12 | (ii) May delegate responsibilities to an individual within the agency at the records officer’s |
13 | discretion; |
14 | (iii) Annually Shall annually confirm the accuracy of the agency’s records control |
15 | schedule and request amendments if necessary; |
16 | (iv) Annually Shall annually submit for approval of destruction of records that have met |
17 | minimum retention periods based on the records control schedule; and |
18 | (v) May also serve as the agency forms management representative as required by § 42- |
19 | 84-5. |
20 | SECTION 23. Section 42-7.2-5 of the General Laws in Chapter 42-7.2 entitled "Office of |
21 | Health and Human Services" is hereby amended to read as follows: |
22 | 42-7.2-5. Duties of the secretary. |
23 | The secretary shall be subject to the direction and supervision of the governor for the |
24 | oversight, coordination, and cohesive direction of state-administered health and human services |
25 | and in ensuring the laws are faithfully executed, notwithstanding any law to the contrary. In this |
26 | capacity, the secretary of the executive office of health and human services (EOHHS) shall be |
27 | authorized to: |
28 | (1) Coordinate the administration and financing of healthcare benefits, human services, and |
29 | programs including those authorized by the state’s Medicaid section 1115 demonstration waiver |
30 | and, as applicable, the Medicaid state plan under Title XIX of the U.S. Social Security Act. |
31 | However, nothing in this section shall be construed as transferring to the secretary the powers, |
32 | duties, or functions conferred upon the departments by Rhode Island public and general laws for |
33 | the administration of federal/state programs financed in whole or in part with Medicaid funds or |
34 | the administrative responsibility for the preparation and submission of any state plans, state plan |
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1 | amendments, or authorized federal waiver applications, once approved by the secretary. |
2 | (2) Serve as the governor’s chief advisor and liaison to federal policymakers on Medicaid |
3 | reform issues as well as the principal point of contact in the state on any such related matters. |
4 | (3)(i) Review and ensure the coordination of the state’s Medicaid section 1115 |
5 | demonstration waiver requests and renewals as well as any initiatives and proposals requiring |
6 | amendments to the Medicaid state plan or formal amendment changes, as described in the special |
7 | terms and conditions of the state’s Medicaid section 1115 demonstration waiver with the potential |
8 | to affect the scope, amount, or duration of publicly funded healthcare services, provider payments |
9 | or reimbursements, or access to or the availability of benefits and services as provided by Rhode |
10 | Island general and public laws. The secretary shall consider whether any such changes are legally |
11 | and fiscally sound and consistent with the state’s policy and budget priorities. The secretary shall |
12 | also assess whether a proposed change is capable of obtaining the necessary approvals from federal |
13 | officials and achieving the expected positive consumer outcomes. Department directors shall, |
14 | within the timelines specified, provide any information and resources the secretary deems necessary |
15 | in order to perform the reviews authorized in this section. |
16 | (ii) Direct the development and implementation of any Medicaid policies, procedures, or |
17 | systems that may be required to assure successful operation of the state’s health and human services |
18 | integrated eligibility system and coordination with HealthSource RI, the state’s health insurance |
19 | marketplace. |
20 | (iii) Beginning in 2015, conduct on a biennial basis a comprehensive review of the |
21 | Medicaid eligibility criteria for one or more of the populations covered under the state plan or a |
22 | waiver to ensure consistency with federal and state laws and policies, coordinate and align systems, |
23 | and identify areas for improving quality assurance, fair and equitable access to services, and |
24 | opportunities for additional financial participation. |
25 | (iv) Implement service organization and delivery reforms that facilitate service integration, |
26 | increase value, and improve quality and health outcomes. |
27 | (4) Beginning in 2020, prepare and submit to the governor, the chairpersons of the house |
28 | and senate finance committees, the caseload estimating conference, and to the joint legislative |
29 | committee for health-care oversight, by no later than September 15 of each year, a comprehensive |
30 | overview of all Medicaid expenditures outcomes, administrative costs, and utilization rates. The |
31 | overview shall include, but not be limited to, the following information: |
32 | (i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended; |
33 | (ii) Expenditures, outcomes, and utilization rates by population and sub-population served |
34 | (e.g., families with children, persons with disabilities, children in foster care, children receiving |
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1 | adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders); |
2 | (iii) Expenditures, outcomes, and utilization rates by each state department or other |
3 | municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social |
4 | Security Act, as amended; |
5 | (iv) Expenditures, outcomes, and utilization rates by type of service and/or service |
6 | provider; |
7 | (v) Expenditures by mandatory population receiving mandatory services and, reported |
8 | separately, optional services, as well as optional populations receiving mandatory services and, |
9 | reported separately, optional services for each state agency receiving Title XIX and XXI funds; and |
10 | (vi) Information submitted to the Centers for Medicare & Medicaid Services for the |
11 | mandatory annual state reporting of the Core Set of Children’s Health Care Quality Measures for |
12 | Medicaid and Children’s Health Insurance Program, behavioral health measures on the Core Set of |
13 | Adult Health Care Quality Measures for Medicaid and the Core Sets of Health Home Quality |
14 | Measures for Medicaid to ensure compliance with the Bipartisan Budget Act of 2018, Pub. L. No. |
15 | 115-123. |
16 | The directors of the departments, as well as local governments and school departments, |
17 | shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever |
18 | resources, information, and support shall be necessary. |
19 | (5) Resolve administrative, jurisdictional, operational, program, or policy conflicts among |
20 | departments and their executive staffs and make necessary recommendations to the governor. |
21 | (6) Ensure continued progress toward improving the quality, the economy, the |
22 | accountability, and the efficiency of state-administered health and human services. In this capacity, |
23 | the secretary shall: |
24 | (i) Direct implementation of reforms in the human resources practices of the executive |
25 | office and the departments that streamline and upgrade services, achieve greater economies of scale |
26 | and establish the coordinated system of the staff education, cross-training, and career development |
27 | services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human |
28 | services workforce; |
29 | (ii) Encourage EOHHS-wide consumer-centered approaches to service design and delivery |
30 | that expand their capacity to respond efficiently and responsibly to the diverse and changing needs |
31 | of the people and communities they serve; |
32 | (iii) Develop all opportunities to maximize resources by leveraging the state’s purchasing |
33 | power, centralizing fiscal service functions related to budget, finance, and procurement, |
34 | centralizing communication, policy analysis and planning, and information systems and data |
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1 | management, pursuing alternative funding sources through grants, awards, and partnerships and |
2 | securing all available federal financial participation for programs and services provided EOHHS- |
3 | wide; |
4 | (iv) Improve the coordination and efficiency of health and human services legal functions |
5 | by centralizing adjudicative and legal services and overseeing their timely and judicious |
6 | administration; |
7 | (v) Facilitate the rebalancing of the long-term system by creating an assessment and |
8 | coordination organization or unit for the expressed purpose of developing and implementing |
9 | procedures EOHHS-wide that ensure that the appropriate publicly funded health services are |
10 | provided at the right time and in the most appropriate and least restrictive setting; |
11 | (vi) Strengthen health and human services program integrity, quality control and |
12 | collections, and recovery activities by consolidating functions within the office in a single unit that |
13 | ensures all affected parties pay their fair share of the cost of services and are aware of alternative |
14 | financing; |
15 | (vii) Assure protective services are available to vulnerable elders and adults with |
16 | developmental and other disabilities by reorganizing existing services, establishing new services |
17 | where gaps exist, and centralizing administrative responsibility for oversight of all related |
18 | initiatives and programs. |
19 | (7) Prepare and integrate comprehensive budgets for the health and human services |
20 | departments and any other functions and duties assigned to the office. The budgets shall be |
21 | submitted to the state budget office by the secretary, for consideration by the governor, on behalf |
22 | of the state’s health and human services agencies in accordance with the provisions set forth in § |
23 | 35-3-4. |
24 | (8) Utilize objective data to evaluate health and human services policy goals, resource use |
25 | and outcome evaluation and to perform short and long-term policy planning and development. |
26 | (9) Establish an integrated approach to interdepartmental information and data |
27 | management that complements and furthers the goals of the unified health infrastructure project |
28 | initiative and that will facilitate the transition to a consumer-centered integrated system of state- |
29 | administered health and human services. |
30 | (10) At the direction of the governor or the general assembly, conduct independent reviews |
31 | of state-administered health and human services programs, policies, and related agency actions and |
32 | activities and assist the department directors in identifying strategies to address any issues or areas |
33 | of concern that may emerge thereof. The department directors shall provide any information and |
34 | assistance deemed necessary by the secretary when undertaking such independent reviews. |
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1 | (11) Provide regular and timely reports to the governor and make recommendations with |
2 | respect to the state’s health and human services agenda. |
3 | (12) Employ such personnel and contract for such consulting services as may be required |
4 | to perform the powers and duties lawfully conferred upon the secretary. |
5 | (13) Assume responsibility for complying with the provisions of any general or public law |
6 | or regulation related to the disclosure, confidentiality, and privacy of any information or records, |
7 | in the possession or under the control of the executive office or the departments assigned to the |
8 | executive office, that may be developed or acquired or transferred at the direction of the governor |
9 | or the secretary for purposes directly connected with the secretary’s duties set forth herein. |
10 | (14) Hold the director of each health and human services department accountable for their |
11 | administrative, fiscal, and program actions in the conduct of the respective powers and duties of |
12 | their agencies. |
13 | (15) Identify opportunities for inclusion with the EOHHS’ October 1, 2023, budget |
14 | submission, to remove fixed eligibility thresholds for programs under its purview by establishing |
15 | sliding scale decreases in benefits commensurate with income increases up to four hundred fifty |
16 | percent (450%) of the federal poverty level. These shall include but not be limited to, medical |
17 | assistance, childcare assistance, and food assistance. |
18 | (16) Ensure that insurers minimize administrative burdens on providers that may delay |
19 | medically necessary care, including requiring that insurers do not impose a prior authorization |
20 | requirement for any admission, item, service, treatment, or procedure ordered by an in-network |
21 | primary care provider. Provided, the prohibition shall not be construed to prohibit prior |
22 | authorization requirements for prescription drugs. Provided further, that as used in this subsection |
23 | (16) of this section, the terms “insurer,” “primary care provider,” and “prior authorization” means |
24 | the same as those terms are defined in § 27-18.9-2. |
25 | (17) The secretary shall convene, in consultation with the governor, an advisory working |
26 | group to assist in the review and analysis of potential impacts of any adopted federal actions related |
27 | to Medicaid programs. The working group shall develop options for administrative action or |
28 | general assembly consideration that may be needed to address any federal funding changes that |
29 | impact Rhode Island’s Medicaid programs. |
30 | (i) The advisory working group may include, but not be limited to, the secretary of health |
31 | and human services, director of management and budget, and designees from the following: state |
32 | agencies, businesses, healthcare, public sector unions, and advocates. |
33 | (ii) As soon as practicable after the enactment of the federal budget for fiscal year 2026, |
34 | but no later than October 31, 2025, the advisory working group shall forward a report to the |
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1 | governor, speaker of the house, and president of the senate containing the findings, |
2 | recommendations and options for consideration to become compliant with federal changes prior to |
3 | the governor’s budget submission pursuant to § 35-3-7. |
4 | SECTION 24. Section 42-14.5-3 of the General Laws in Chapter 42-14.5 entitled "The |
5 | Rhode Island Health Care Reform Act of 2004 — Health Insurance Oversight" is hereby amended |
6 | to read as follows: |
7 | 42-14.5-3. Powers and duties. |
8 | The health insurance commissioner shall have the following powers and duties: |
9 | (a) To conduct quarterly public meetings throughout the state, separate and distinct from |
10 | rate hearings pursuant to § 42-62-13, regarding the rates, services, and operations of insurers |
11 | licensed to provide health insurance in the state; the effects of such rates, services, and operations |
12 | on consumers, medical care providers, patients, and the market environment in which the insurers |
13 | operate; and efforts to bring new health insurers into the Rhode Island market. Notice of not less |
14 | than ten (10) days of the hearing(s) shall go to the general assembly, the governor, the Rhode Island |
15 | Medical Society, the Hospital Association of Rhode Island, the director of health, the attorney |
16 | general, and the chambers of commerce. Public notice shall be posted on the department’s website |
17 | and given in the newspaper of general circulation, and to any entity in writing requesting notice. |
18 | (b) To make recommendations to the governor and the house of representatives and senate |
19 | finance committees regarding healthcare insurance and the regulations, rates, services, |
20 | administrative expenses, reserve requirements, and operations of insurers providing health |
21 | insurance in the state, and to prepare or comment on, upon the request of the governor or |
22 | chairpersons of the house or senate finance committees, draft legislation to improve the regulation |
23 | of health insurance. In making the recommendations, the commissioner shall recognize that it is |
24 | the intent of the legislature that the maximum disclosure be provided regarding the reasonableness |
25 | of individual administrative expenditures as well as total administrative costs. The commissioner |
26 | shall make recommendations on the levels of reserves, including consideration of: targeted reserve |
27 | levels; trends in the increase or decrease of reserve levels; and insurer plans for distributing excess |
28 | reserves. |
29 | (c) To establish a consumer/business/labor/medical advisory council to obtain information |
30 | and present concerns of consumers, business, and medical providers affected by health insurance |
31 | decisions. The council shall develop proposals to allow the market for small business health |
32 | insurance to be affordable and fairer. The council shall be involved in the planning and conduct of |
33 | the quarterly public meetings in accordance with subsection (a). The advisory council shall develop |
34 | measures to inform small businesses of an insurance complaint process to ensure that small |
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1 | businesses that experience rate increases in a given year may request and receive a formal review |
2 | by the department. The advisory council shall assess views of the health provider community |
3 | relative to insurance rates of reimbursement, billing, and reimbursement procedures, and the |
4 | insurers’ role in promoting efficient and high-quality health care. The advisory council shall issue |
5 | an annual report of findings and recommendations to the governor and the general assembly and |
6 | present its findings at hearings before the house and senate finance committees. The advisory |
7 | council is to be diverse in interests and shall include representatives of community consumer |
8 | organizations; small businesses, other than those involved in the sale of insurance products; and |
9 | hospital, medical, and other health provider organizations. Such representatives shall be nominated |
10 | by their respective organizations. The advisory council shall be co-chaired by the health insurance |
11 | commissioner and a community consumer organization or small business member to be elected by |
12 | the full advisory council. |
13 | (d) To establish and provide guidance and assistance to a subcommittee (“the professional- |
14 | provider-health-plan work group”) of the advisory council created pursuant to subsection (c), |
15 | composed of healthcare providers and Rhode Island licensed health plans. This subcommittee shall |
16 | include in its annual report and presentation before the house and senate finance committees the |
17 | following information: |
18 | (1) A method whereby health plans shall disclose to contracted providers the fee schedules |
19 | used to provide payment to those providers for services rendered to covered patients; |
20 | (2) A standardized provider application and credentials verification process, for the |
21 | purpose of verifying professional qualifications of participating healthcare providers; |
22 | (3) The uniform health plan claim form utilized by participating providers; |
23 | (4) Methods for health maintenance organizations, as defined by § 27-41-2, and nonprofit |
24 | hospital or medical service corporations, as defined by chapters 19 and 20 of title 27, to make |
25 | facility-specific data and other medical service-specific data available in reasonably consistent |
26 | formats to patients regarding quality and costs. This information would help consumers make |
27 | informed choices regarding the facilities and clinicians or physician practices at which to seek care. |
28 | Among the items considered would be the unique health services and other public goods provided |
29 | by facilities and clinicians or physician practices in establishing the most appropriate cost |
30 | comparisons; |
31 | (5) All activities related to contractual disclosure to participating providers of the |
32 | mechanisms for resolving health plan/provider disputes; |
33 | (6) The uniform process being utilized for confirming, in real time, patient insurance |
34 | enrollment status, benefits coverage, including copays and deductibles; |
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1 | (7) Information related to temporary credentialing of providers seeking to participate in the |
2 | plan’s network and the impact of the activity on health plan accreditation; |
3 | (8) The feasibility of regular contract renegotiations between plans and the providers in |
4 | their networks; and |
5 | (9) Efforts conducted related to reviewing impact of silent PPOs on physician practices. |
6 | (e) To enforce the provisions of title 27 and this title as set forth in § 42-14-5(d). |
7 | (f) To provide analysis of the Rhode Island affordable health plan reinsurance fund. The |
8 | fund shall be used to effectuate the provisions of §§ 27-18.5-9 and 27-50-17. |
9 | (g) To analyze the impact of changing the rating guidelines and/or merging the individual |
10 | health insurance market, as defined in chapter 18.5 of title 27, and the small-employer health |
11 | insurance market, as defined in chapter 50 of title 27, in accordance with the following: |
12 | (1) The analysis shall forecast the likely rate increases required to effect the changes |
13 | recommended pursuant to the preceding subsection (g) in the direct-pay market and small-employer |
14 | health insurance market over the next five (5) years, based on the current rating structure and |
15 | current products. |
16 | (2) The analysis shall include examining the impact of merging the individual and small- |
17 | employer markets on premiums charged to individuals and small-employer groups. |
18 | (3) The analysis shall include examining the impact on rates in each of the individual and |
19 | small-employer health insurance markets and the number of insureds in the context of possible |
20 | changes to the rating guidelines used for small-employer groups, including: community rating |
21 | principles; expanding small-employer rate bonds beyond the current range; increasing the employer |
22 | group size in the small-group market; and/or adding rating factors for broker and/or tobacco use. |
23 | (4) The analysis shall include examining the adequacy of current statutory and regulatory |
24 | oversight of the rating process and factors employed by the participants in the proposed, new |
25 | merged market. |
26 | (5) The analysis shall include assessment of possible reinsurance mechanisms and/or |
27 | federal high-risk pool structures and funding to support the health insurance market in Rhode Island |
28 | by reducing the risk of adverse selection and the incremental insurance premiums charged for this |
29 | risk, and/or by making health insurance affordable for a selected at-risk population. |
30 | (6) The health insurance commissioner shall work with an insurance market merger task |
31 | force to assist with the analysis. The task force shall be chaired by the health insurance |
32 | commissioner and shall include, but not be limited to, representatives of the general assembly, the |
33 | business community, small-employer carriers as defined in § 27-50-3, carriers offering coverage in |
34 | the individual market in Rhode Island, health insurance brokers, and members of the general public. |
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1 | (7) For the purposes of conducting this analysis, the commissioner may contract with an |
2 | outside organization with expertise in fiscal analysis of the private insurance market. In conducting |
3 | its study, the organization shall, to the extent possible, obtain and use actual health plan data. Said |
4 | data shall be subject to state and federal laws and regulations governing confidentiality of health |
5 | care and proprietary information. |
6 | (8) The task force shall meet as necessary and include its findings in the annual report, and |
7 | the commissioner shall include the information in the annual presentation before the house and |
8 | senate finance committees. |
9 | (h) To establish and convene a workgroup representing healthcare providers and health |
10 | insurers for the purpose of coordinating the development of processes, guidelines, and standards to |
11 | streamline healthcare administration that are to be adopted by payors and providers of healthcare |
12 | services operating in the state. This workgroup shall include representatives with expertise who |
13 | would contribute to the streamlining of healthcare administration and who are selected from |
14 | hospitals, physician practices, community behavioral health organizations, each health insurer, and |
15 | other affected entities. The workgroup shall also include at least one designee each from the Rhode |
16 | Island Medical Society, Rhode Island Council of Community Mental Health Organizations, the |
17 | Rhode Island Health Center Association, and the Hospital Association of Rhode Island. In any year |
18 | that the workgroup meets and submits recommendations to the office of the health insurance |
19 | commissioner, the office of the health insurance commissioner shall submit such recommendations |
20 | to the health and human services committees of the Rhode Island house of representatives and the |
21 | Rhode Island senate prior to the implementation of any such recommendations and subsequently |
22 | shall submit a report to the general assembly by June 30, 2024. The report shall include the |
23 | recommendations the commissioner may implement, with supporting rationale. The workgroup |
24 | shall consider and make recommendations for: |
25 | (1) Establishing a consistent standard for electronic eligibility and coverage verification. |
26 | Such standard shall: |
27 | (i) Include standards for eligibility inquiry and response and, wherever possible, be |
28 | consistent with the standards adopted by nationally recognized organizations, such as the Centers |
29 | for Medicare & Medicaid Services; |
30 | (ii) Enable providers and payors to exchange eligibility requests and responses on a system- |
31 | to-system basis or using a payor-supported web browser; |
32 | (iii) Provide reasonably detailed information on a consumer’s eligibility for healthcare |
33 | coverage; scope of benefits; limitations and exclusions provided under that coverage; cost-sharing |
34 | requirements for specific services at the specific time of the inquiry; current deductible amounts; |
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1 | accumulated or limited benefits; out-of-pocket maximums; any maximum policy amounts; and |
2 | other information required for the provider to collect the patient’s portion of the bill; |
3 | (iv) Reflect the necessary limitations imposed on payors by the originator of the eligibility |
4 | and benefits information; |
5 | (v) Recommend a standard or common process to protect all providers from the costs of |
6 | services to patients who are ineligible for insurance coverage in circumstances where a payor |
7 | provides eligibility verification based on best information available to the payor at the date of the |
8 | request of eligibility. |
9 | (2) Developing implementation guidelines and promoting adoption of the guidelines for: |
10 | (i) The use of the National Correct Coding Initiative code-edit policy by payors and |
11 | providers in the state; |
12 | (ii) Publishing any variations from codes and mutually exclusive codes by payors in a |
13 | manner that makes for simple retrieval and implementation by providers; |
14 | (iii) Use of Health Insurance Portability and Accountability Act standard group codes, |
15 | reason codes, and remark codes by payors in electronic remittances sent to providers; |
16 | (iv) Uniformity in the processing of claims by payors; and the processing of corrections to |
17 | claims by providers and payors; |
18 | (v) A standard payor-denial review process for providers when they request a |
19 | reconsideration of a denial of a claim that results from differences in clinical edits where no single, |
20 | common-standards body or process exists and multiple conflicting sources are in use by payors and |
21 | providers. |
22 | (vi) Nothing in this section, nor in the guidelines developed, shall inhibit an individual |
23 | payor’s ability to employ, and not disclose to providers, temporary code edits for the purpose of |
24 | detecting and deterring fraudulent billing activities. The guidelines shall require that each payor |
25 | disclose to the provider its adjudication decision on a claim that was denied or adjusted based on |
26 | the application of such edits and that the provider have access to the payor’s review and appeal |
27 | process to challenge the payor’s adjudication decision. |
28 | (vii) Nothing in this subsection shall be construed to modify the rights or obligations of |
29 | payors or providers with respect to procedures relating to the investigation, reporting, appeal, or |
30 | prosecution under applicable law of potentially fraudulent billing activities. |
31 | (3) Developing and promoting widespread adoption by payors and providers of guidelines |
32 | to: |
33 | (i) Ensure payors do not automatically deny claims for services when extenuating |
34 | circumstances make it impossible for the provider to obtain a preauthorization before services are |
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1 | performed or notify a payor within an appropriate standardized timeline of a patient’s admission; |
2 | (ii) Require payors to use common and consistent processes and time frames when |
3 | responding to provider requests for medical management approvals. Whenever possible, such time |
4 | frames shall be consistent with those established by leading national organizations and be based |
5 | upon the acuity of the patient’s need for care or treatment. For the purposes of this section, medical |
6 | management includes prior authorization of services, preauthorization of services, precertification |
7 | of services, post-service review, medical-necessity review, and benefits advisory; |
8 | (iii) Develop, maintain, and promote widespread adoption of a single, common website |
9 | where providers can obtain payors’ preauthorization, benefits advisory, and preadmission |
10 | requirements; |
11 | (iv) Establish guidelines for payors to develop and maintain a website that providers can |
12 | use to request a preauthorization, including a prospective clinical necessity review; receive an |
13 | authorization number; and transmit an admission notification; |
14 | (v) Develop and implement the use of programs that implement selective prior |
15 | authorization requirements, based on stratification of healthcare providers’ performance and |
16 | adherence to evidence-based medicine with the input of contracted healthcare providers and/or |
17 | provider organizations. Such criteria shall be transparent and easily accessible to contracted |
18 | providers. Such selective prior authorization programs shall be available when healthcare providers |
19 | participate directly with the insurer in risk-based payment contracts and may be available to |
20 | providers who do not participate in risk-based contracts; |
21 | (vi) Require the review of medical services, including behavioral health services, and |
22 | prescription drugs, subject to prior authorization on at least an annual basis, with the input of |
23 | contracted healthcare providers and/or provider organizations. Any changes to the list of medical |
24 | services, including behavioral health services, and prescription drugs requiring prior authorization, |
25 | shall be shared via provider-accessible websites; |
26 | (vii) Improve communication channels between health plans, healthcare providers, and |
27 | patients by: |
28 | (A) Requiring transparency and easy accessibility of prior authorization requirements, |
29 | criteria, rationale, and program changes to contracted healthcare providers and patients/health plan |
30 | enrollees which may be satisfied by posting to provider-accessible and member-accessible |
31 | websites; and |
32 | (B) Supporting: |
33 | (I) Timely submission by healthcare providers of the complete information necessary to |
34 | make a prior authorization determination, as early in the process as possible; and |
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1 | (II) Timely notification of prior authorization determinations by health plans to impacted |
2 | health plan enrollees, and healthcare providers, including, but not limited to, ordering providers, |
3 | and/or rendering providers, and dispensing pharmacists which may be satisfied by posting to |
4 | provider-accessible websites or similar electronic portals or services; |
5 | (viii) Increase and strengthen continuity of patient care by: |
6 | (A) Defining protections for continuity of care during a transition period for patients |
7 | undergoing an active course of treatment, when there is a formulary or treatment coverage change |
8 | or change of health plan that may disrupt their current course of treatment and when the treating |
9 | physician determines that a transition may place the patient at risk; and for prescription medication |
10 | by allowing a grace period of coverage to allow consideration of referred health plan options or |
11 | establishment of medical necessity of the current course of treatment; |
12 | (B) Requiring continuity of care for medical services, including behavioral health services, |
13 | and prescription medications for patients on appropriate, chronic, stable therapy through |
14 | minimizing repetitive prior authorization requirements; and which for prescription medication shall |
15 | be allowed only on an annual review, with exception for labeled limitation, to establish continued |
16 | benefit of treatment; and |
17 | (C) Requiring communication between healthcare providers, health plans, and patients to |
18 | facilitate continuity of care and minimize disruptions in needed treatment which may be satisfied |
19 | by posting to provider-accessible websites or similar electronic portals or services; |
20 | (D) Continuity of care for formulary or drug coverage shall distinguish between FDA |
21 | designated interchangeable products and proprietary or marketed versions of a medication; |
22 | (ix) Encourage healthcare providers and/or provider organizations and health plans to |
23 | accelerate use of electronic prior authorization technology, including adoption of national standards |
24 | where applicable; and |
25 | (x) For the purposes of subsections (h)(3)(v) through (h)(3)(x) of this section, the |
26 | workgroup meeting may be conducted in part or whole through electronic methods. |
27 | (4) To provide a report to the house and senate, on or before January 1, 2017, with |
28 | recommendations for establishing guidelines and regulations for systems that give patients |
29 | electronic access to their claims information, particularly to information regarding their obligations |
30 | to pay for received medical services, pursuant to 45 C.F.R. § 164.524. |
31 | (5) No provision of this subsection (h) shall preclude the ongoing work of the office of |
32 | health insurance commissioner’s administrative simplification task force, which includes meetings |
33 | with key stakeholders in order to improve, and provide recommendations regarding, the prior |
34 | authorization process. |
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1 | (i) To issue an anti-cancer medication report. Not later than June 30, 2014, and annually |
2 | thereafter, the office of the health insurance commissioner (OHIC) shall provide the senate |
3 | committee on health and human services, and the house committee on corporations, with: (1) |
4 | Information on the availability in the commercial market of coverage for anti-cancer medication |
5 | options; (2) For the state employee’s health benefit plan, the costs of various cancer-treatment |
6 | options; (3) The changes in drug prices over the prior thirty-six (36) months; and (4) Member |
7 | utilization and cost-sharing expense. |
8 | (j) To monitor the adequacy of each health plan’s compliance with the provisions of the |
9 | federal Mental Health Parity Act, including a review of related claims processing and |
10 | reimbursement procedures. Findings, recommendations, and assessments shall be made available |
11 | to the public. |
12 | (k) To monitor the transition from fee-for-service and toward global and other alternative |
13 | payment methodologies for the payment for healthcare services. Alternative payment |
14 | methodologies should be assessed for their likelihood to promote access to affordable health |
15 | insurance, health outcomes, and performance. |
16 | (l) To report annually, no later than July 1, 2014, then biannually thereafter, on hospital |
17 | payment variation, including findings and recommendations, subject to available resources. |
18 | (m) Notwithstanding any provision of the general or public laws or regulation to the |
19 | contrary, provide a report with findings and recommendations to the president of the senate and the |
20 | speaker of the house, on or before April 1, 2014, including, but not limited to, the following |
21 | information: |
22 | (1) The impact of the current, mandated healthcare benefits as defined in §§ 27-18-48.1, |
23 | 27-18-60, 27-18-62, 27-18-64, similar provisions in chapters 19, 20, and 41 of title 27, and §§ 27- |
24 | 18-3(c), 27-38.2-1 et seq., or others as determined by the commissioner, on the cost of health |
25 | insurance for fully insured employers, subject to available resources; |
26 | (2) Current provider and insurer mandates that are unnecessary and/or duplicative due to |
27 | the existing standards of care and/or delivery of services in the healthcare system; |
28 | (3) A state-by-state comparison of health insurance mandates and the extent to which |
29 | Rhode Island mandates exceed other states benefits; and |
30 | (4) Recommendations for amendments to existing mandated benefits based on the findings |
31 | in subsections (m)(1), (m)(2), and (m)(3) above. |
32 | (n) On or before July 1, 2014, the office of the health insurance commissioner, in |
33 | collaboration with the director of health and lieutenant governor’s office, shall submit a report to |
34 | the general assembly and the governor to inform the design of accountable care organizations |
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1 | (ACOs) in Rhode Island as unique structures for comprehensive healthcare delivery and value- |
2 | based payment arrangements, that shall include, but not be limited to: |
3 | (1) Utilization review; |
4 | (2) Contracting; and |
5 | (3) Licensing and regulation. |
6 | (o) On or before February 3, 2015, the office of the health insurance commissioner shall |
7 | submit a report to the general assembly and the governor that describes, analyzes, and proposes |
8 | recommendations to improve compliance of insurers with the provisions of § 27-18-76 with regard |
9 | to patients with mental health and substance use disorders. |
10 | (p) To work to ensure the health insurance coverage of behavioral health care under the |
11 | same terms and conditions as other health care, and to integrate behavioral health parity |
12 | requirements into the office of the health insurance commissioner insurance oversight and |
13 | healthcare transformation efforts. |
14 | (q) To work with other state agencies to seek delivery system improvements that enhance |
15 | access to a continuum of mental health and substance use disorder treatment in the state; and |
16 | integrate that treatment with primary and other medical care to the fullest extent possible. |
17 | (r) To direct insurers toward policies and practices that address the behavioral health needs |
18 | of the public and greater integration of physical and behavioral healthcare delivery. |
19 | (s) The office of the health insurance commissioner shall conduct an analysis of the impact |
20 | of the provisions of § 27-38.2-1(i) on health insurance premiums and access in Rhode Island and |
21 | submit a report of its findings to the general assembly on or before June 1, 2023. |
22 | (t) To undertake the analyses, reports, and studies contained in this section: |
23 | (1) The office shall hire the necessary staff and prepare a request for proposal for a qualified |
24 | and competent firm or firms to undertake the following analyses, reports, and studies: |
25 | (i) The firm shall undertake a comprehensive review of all social and human service |
26 | programs having a contract with or licensed by the state or any subdivision of the department of |
27 | children, youth and families (DCYF), the department of behavioral healthcare, developmental |
28 | disabilities and hospitals (BHDDH), the department of human services (DHS), the department of |
29 | health (DOH), and Medicaid for the purposes of: |
30 | (A) Establishing a baseline of the eligibility factors for receiving services; |
31 | (B) Establishing a baseline of the service offering through each agency for those |
32 | determined eligible; |
33 | (C) Establishing a baseline understanding of reimbursement rates for all social and human |
34 | service programs including rates currently being paid, the date of the last increase, and a proposed |
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1 | model that the state may use to conduct future studies and analyses; |
2 | (D) Ensuring accurate and adequate reimbursement to social and human service providers |
3 | that facilitate the availability of high-quality services to individuals receiving home and |
4 | community-based long-term services and supports provided by social and human service providers; |
5 | (E) Ensuring the general assembly is provided accurate financial projections on social and |
6 | human service program costs, demand for services, and workforce needs to ensure access to entitled |
7 | beneficiaries and services; |
8 | (F) Establishing a baseline and determining the relationship between state government and |
9 | the provider network including functions, responsibilities, and duties; |
10 | (G) Determining a set of measures and accountability standards to be used by EOHHS and |
11 | the general assembly to measure the outcomes of the provision of services including budgetary |
12 | reporting requirements, transparency portals, and other methods; and |
13 | (H) Reporting the findings of human services analyses and reports to the speaker of the |
14 | house, senate president, chairs of the house and senate finance committees, chairs of the house and |
15 | senate health and human services committees, and the governor. |
16 | (2) The analyses, reports, and studies required pursuant to this section shall be |
17 | accomplished and published as follows and shall provide: |
18 | (i) An assessment and detailed reporting on all social and human service program rates to |
19 | be completed by January 1, 2023, including rates currently being paid and the date of the last |
20 | increase; |
21 | (ii) An assessment and detailed reporting on eligibility standards and processes of all |
22 | mandatory and discretionary social and human service programs to be completed by January 1, |
23 | 2023; |
24 | (iii) An assessment and detailed reporting on utilization trends from the period of January |
25 | 1, 2017, through December 31, 2021, for social and human service programs to be completed by |
26 | January 1, 2023; |
27 | (iv) An assessment and detailed reporting on the structure of the state government as it |
28 | relates to the provision of services by social and human service providers including eligibility and |
29 | functions of the provider network to be completed by January 1, 2023; |
30 | (v) An assessment and detailed reporting on accountability standards for services for social |
31 | and human service programs to be completed by January 1, 2023; |
32 | (vi) An assessment and detailed reporting by April 1, 2023, on all professional licensed |
33 | and unlicensed personnel requirements for established rates for social and human service programs |
34 | pursuant to a contract or established fee schedule; |
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1 | (vii) An assessment and reporting on access to social and human service programs, to |
2 | include any wait lists and length of time on wait lists, in each service category by April 1, 2023; |
3 | (viii) An assessment and reporting of national and regional Medicaid rates in comparison |
4 | to Rhode Island social and human service provider rates by April 1, 2023; |
5 | (ix) An assessment and reporting on usual and customary rates paid by private insurers and |
6 | private pay for similar social and human service providers, both nationally and regionally, by April |
7 | 1, 2023; |
8 | (x) Completion of the development of an assessment and review process that includes the |
9 | following components: eligibility; scope of services; relationship of social and human service |
10 | provider and the state; national and regional rate comparisons and accountability standards that |
11 | result in recommended rate adjustments; and this process shall be completed by September 1, 2023, |
12 | and conducted biennially hereafter. The biennial rate setting shall be consistent with payment |
13 | requirements established in section 1902(a)(30)(A) of the Social Security Act, 42 U.S.C. § |
14 | 1396a(a)(30)(A), and all federal and state law, regulations, and quality and safety standards. The |
15 | results and findings of this process shall be transparent, and public meetings shall be conducted to |
16 | allow providers, recipients, and other interested parties an opportunity to ask questions and provide |
17 | comment beginning in September 2023 and biennially thereafter; and |
18 | (xi) On or before September 1, 2026, the office shall publish and submit to the general |
19 | assembly and the governor a one-time report making and justifying recommendations for |
20 | adjustments to primary care services reimbursement and financing. The report shall include |
21 | consideration of Medicaid, Medicare, commercial, and alternative contracted payments. |
22 | (3) In fulfillment of the responsibilities defined in subsection (t), the office of the health |
23 | insurance commissioner shall consult with the Executive Office of Health and Human Services. |
24 | (u) Annually, each department (namely, EOHHS, DCYF, DOH, DHS, and BHDDH) shall |
25 | include the corresponding components of the assessment and review (i.e., eligibility; scope of |
26 | services; relationship of social and human service provider and the state; and national and regional |
27 | rate comparisons and accountability standards including any changes or substantive issues between |
28 | biennial reviews) including the recommended rates from the most recent assessment and review |
29 | with their annual budget submission to the office of management and budget and provide a detailed |
30 | explanation and impact statement if any rate variances exist between submitted recommended |
31 | budget and the corresponding recommended rate from the most recent assessment and review |
32 | process starting October 1, 2023, and biennially thereafter. |
33 | (v) The general assembly shall appropriate adequate funding as it deems necessary to |
34 | undertake the analyses, reports, and studies contained in this section relating to the powers and |
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1 | duties of the office of the health insurance commissioner. |
2 | (w) The office of the health insurance commissioner shall: |
3 | (1) Ensure that insurers minimize administrative burdens that may delay medically |
4 | necessary care, by promulgating rules and regulations and taking enforcement actions to implement |
5 | § 27-18.9-16; and. |
6 | (2) Convene the payor/provider workgroup described in subsection (h) of this section, or a |
7 | similar taskforce, comprised of members with relevant experience and expertise, to serve as a |
8 | standing advisory steering committee (“committee”) to review and make recommendations |
9 | regarding: |
10 | (i) The continuous improvement and simplification of the prior authorization processes for |
11 | medical services and prescription drugs; |
12 | (ii) The facilitation of communication and collaboration related to volume reduction; |
13 | (iii) The establishment of a tracking method to improve the collection of baseline data from |
14 | commercial health insurers that does not create an administrative burden; |
15 | (iv) The assessment of prior authorizations that have been approved, those that have been |
16 | approved with modifications, and the utilization of MRI services in the emergency department; and |
17 | (v) The assessment of improvements to the access of primary care services and other |
18 | quality care measures related to the elimination of prior authorizations during this program, |
19 | including increase in staff availability to perform other office functions; increase in patient |
20 | appointments; and reduction in care delay. |
21 | (3) Submit such recommendations of the committee with a rationale, to the governor’s |
22 | office, speaker of the house of representatives, and the president of the senate, prior to the |
23 | implementation of any such recommendations and subsequently shall submit a full report to the |
24 | general assembly by July 1 of each year of the pilot program. |
25 | SECTION 25. Section 42-128-8.1 of the General Laws in Chapter 42-128 entitled "Rhode |
26 | Island Housing Resources Act of 1998" is hereby amended to read as follows: |
27 | 42-128-8.1. Housing production and rehabilitation. |
28 | (a) Short title. This section shall be known and may be cited as the “Comprehensive |
29 | Housing Production and Rehabilitation Act of 2004.” |
30 | (b) Findings. The general assembly finds and declares that: |
31 | (1) The state must maintain a comprehensive housing strategy applicable to all cities and |
32 | towns that addresses the housing needs of different populations including, but not limited to, |
33 | workers and their families who earn less than one hundred twenty percent (120%) of median |
34 | income, older citizens, students attending institutions of higher education, low- and very-low |
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1 | income individuals and families, and vulnerable populations including, but not limited to, persons |
2 | with disabilities, homeless individuals and families, and individuals released from correctional |
3 | institutions. |
4 | (2) Efforts and programs to increase the production of housing must be sensitive to the |
5 | distinctive characteristics of cities and towns, neighborhoods, and areas and the need to manage |
6 | growth and to pace and phase development, especially in high-growth areas. |
7 | (3) The state in partnership with local communities must remove barriers to housing |
8 | development and update and maintain zoning and building regulations to facilitate the construction, |
9 | rehabilitation of properties and retrofitting of buildings for use as safe affordable housing. |
10 | (4) Creative funding mechanisms are needed at the local and state levels that provide |
11 | additional resources for housing development, because there is an inadequate amount of federal |
12 | and state subsidies to support the affordable housing needs of Rhode Island’s current and projected |
13 | population. |
14 | (5) Innovative community planning tools, including, but not limited to, density bonuses |
15 | and permitted accessory dwelling units, are needed to offset escalating land costs and project |
16 | financing costs that contribute to the overall cost of housing and tend to restrict the development |
17 | and preservation of housing affordable to very-low income, low-income, and moderate-income |
18 | persons. |
19 | (6) The gap between the annual increase in personal income and the annual increase in the |
20 | median sales price of a single-family home is growing, therefore, the construction, rehabilitation |
21 | and maintenance of affordable, multi-family housing needs to increase to provide more rental |
22 | housing options to individuals and families, especially those who are unable to afford |
23 | homeownership of a single-family home. |
24 | (7) The state needs to foster the formation of cooperative partnerships between |
25 | communities and institutions of higher education to significantly increase the amount of residential |
26 | housing options for students. |
27 | (8) The production of housing for older citizens as well as urban populations must keep |
28 | pace with the next twenty-year (20) projected increases in those populations of the state. |
29 | (9) Efforts must be made to balance the needs of Rhode Island residents with the ability of |
30 | the residents of surrounding states to enter into Rhode Island’s housing market with much higher |
31 | annual incomes at their disposal. |
32 | (c) Strategic plan. The executive office of housing, in conjunction with the statewide |
33 | planning program, shall develop every five (5) years, a five-year (5) strategic plan for housing, |
34 | which plan shall be adopted as an element of the state guide plan, and which shall include quantified |
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1 | goals, measurable intermediate steps toward the accomplishment of the goals, implementation |
2 | activities, and standards for the production and/or rehabilitation of year-round housing to meet the |
3 | housing needs including, but not limited to, the following: |
4 | (1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing |
5 | options; |
6 | (2) Workers, housing affordable at their income level; |
7 | (3) Students, dormitory, student housing and other residential options; |
8 | (4) Low-income and very-low income households, rental housing; |
9 | (5) Persons with disabilities, appropriate housing; and |
10 | (6) Vulnerable individuals and families, permanent housing, single-room occupancy units, |
11 | transitional housing and shelters. |
12 | (d) As used in this section and for the purposes of the preparation of affordable housing |
13 | plans as specified in chapter 22.2 of title 45, words and terms shall have the meaning set forth in |
14 | chapter 22.2 of title 45, chapter 53 of title 45, and/or § 42-11-10, unless this section provides a |
15 | different meaning or unless the context indicates a different meaning or intent. |
16 | (1) “Affordable housing” means residential housing that has a sales price or rental amount |
17 | that is within the means of a household that is of moderate income or less. In the case of dwelling |
18 | units for sale, housing that is affordable means housing in which principal, interest, taxes, which |
19 | may be adjusted by state and local programs for property tax relief, and insurance constitute no |
20 | more than thirty percent (30%) of the gross household income for a household with less than one |
21 | hundred and twenty percent (120%) of area median income, adjusted for family size. Provided, |
22 | however, that exclusively for the residents of New Shoreham, their affordable housing eligibility |
23 | standards shall include households whose adjusted gross income is less than one hundred forty |
24 | percent (140%) of their residents’ median income, adjusted for family size. In the case of dwelling |
25 | units for rent, housing that is affordable means housing for which the rent, heat, and utilities other |
26 | than telephone constitute no more than thirty percent (30%) of the gross annual household income |
27 | for a household with eighty percent (80%) or less of area median income, adjusted for family size. |
28 | (i) Affordable housing shall include all types of year-round housing, including, but not |
29 | limited to: manufactured housing; housing originally constructed for workers and their families; |
30 | accessory dwelling units; housing utilizing rental vouchers and/or tenant-based certificates under |
31 | Section 8 of the United States Housing Act of 1937, as amended; and assisted living housing, where |
32 | the sales or rental amount of such housing, adjusted for any federal, state, or municipal government |
33 | subsidy, is less than or equal to thirty percent (30%) of the gross household income of the low |
34 | and/or moderate income occupants of the housing. |
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1 | (ii) Mobile and manufactured homes shall be included as affordable housing if such home |
2 | constitutes a primary residence of the occupant or occupants; and such home is located within a |
3 | community owned by the residents or the land containing the home is owned by the occupant or |
4 | occupants; and such home was constructed after June 15, 1976; and such home complies with the |
5 | Manufactured Home Construction and Safety Standards of the United States Department of |
6 | Housing and Urban Development. |
7 | (iii) In that New Shoreham has reached its ten percent (10%) low- and moderate-income |
8 | housing goal, and for so long as they maintain at least ten percent (10%) of their year-round housing |
9 | stock as low- and moderate-income housing as defined in § 45-53-3(5)(ii), and inasmuch as there |
10 | are provable economic impacts related to the municipalities’ substantial offshore location, |
11 | residential housing units produced for sale in which principal, interest, taxes, which may be |
12 | adjusted by state and local programs for property tax relief, and insurance constitute no more than |
13 | thirty percent (30%) of the gross household income for a household with less than one hundred |
14 | forty percent (140%) of the area median income, adjusted for family size, shall be counted towards |
15 | the municipalities’ low-and moderate-income housing inventory as defined in § 45-53-3(9). |
16 | (2) “Affordable housing plan” means a plan prepared and adopted by a town or city either |
17 | to meet the requirements of chapter 53 of title 45 or to meet the requirements of § 45-22.2-10(f), |
18 | which require that comprehensive plans and the elements thereof be revised to conform with |
19 | amendments to the state guide plan. |
20 | (3) “Approved affordable housing plan” means an affordable housing plan that has been |
21 | reviewed and approved in accordance with § 45-22.2-9. |
22 | (4) “Moderate-income household” means a single person, family, or unrelated persons |
23 | living together whose adjusted gross income is more than eighty percent (80%) but less than one |
24 | hundred twenty percent (120%) of the area median income, adjusted for family size. |
25 | (5) “Seasonal housing” means housing that is intended to be occupied during limited |
26 | portions of the year. |
27 | (6) “Year-round housing” means housing that is intended to be occupied by people as their |
28 | usual residence and/or vacant units that are intended by their owner for occupancy at all times of |
29 | the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied |
30 | by permanent residents as their usual place of residence. |
31 | (e) The strategic plan shall be updated and/or amended as necessary, but not less than once |
32 | every five (5) years. |
33 | (f) Upon the adoption of the strategic plan as an element of the state guide plan, towns and |
34 | cities shall bring their comprehensive plans into conformity with its requirements, in accordance |
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1 | with the timetable set forth in § 45-22.2-10(f); provided, however, that any town that has adopted |
2 | an affordable housing plan in order to comply with the provisions of chapter 53 of title 45, which |
3 | has been approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the |
4 | requirements of the strategic plan for low- and moderate-income housing until such time as the |
5 | town must complete its next required comprehensive community plan update. |
6 | (g) Guidelines. The executive office of housing shall advise the state planning council and |
7 | the state planning council, with the approval of the secretary of housing, shall promulgate and adopt |
8 | no less than every five (5) years, guidelines for higher density development, including, but not |
9 | limited to: (1) Inclusionary zoning provisions for low- and moderate-income housing with |
10 | appropriate density bonuses and other subsidies that make the development financially feasible; |
11 | and (2) Mixed-use development that includes residential development, which guidelines shall take |
12 | into account infrastructure availability; soil type and land capacity; environmental protection; water |
13 | supply protection; and agricultural, open space, historical preservation, and community |
14 | development pattern constraints. |
15 | (h) The statewide planning program shall maintain a geographic information system map |
16 | that identifies, to the extent feasible, areas throughout the state suitable for higher density |
17 | residential development consistent with the guidelines adopted pursuant to subsection (g). |
18 | (i) Notwithstanding subsection (d)(1) of this section, the secretary of housing is authorized |
19 | to develop a four-year (4) pilot program sunsetting on December 31, 2029, to explore alternative |
20 | underwriting criteria to aid in the development of affordable dwelling units for sale to moderate- |
21 | income households. Alternative underwriting criteria shall be limited to no more than thirty-eight |
22 | percent (38%) of gross household income. For the purpose of this section, moderate-income |
23 | households are defined as households earning between one hundred percent (100%) and one |
24 | hundred twenty percent (120%) area median income, adjusted for Metropolitan Statistical Area |
25 | (MSA) and household size. Any dwelling unit for sale developed under the pilot program and |
26 | otherwise meeting the requirements of the definition of low- or moderate-income housing in § 45- |
27 | 53-3 shall be eligible as low- and moderate-income housing. As part of the annual integrated |
28 | housing report, as defined in § 42-64.34-1(iv) 42-167-4(4), the secretary of housing shall provide |
29 | updates on the status of the pilot program and any related outcomes. |
30 | SECTION 26. Section 42-167.1-2 of the General Laws in Chapter 42-167.1 entitled |
31 | "Interagency Council on Homelessness" is hereby amended to read as follows: |
32 | 42-167.1-2. Establishment of council. |
33 | (a) There is hereby created a permanent council to be called the “Interagency Council on |
34 | Homelessness” consisting of seventeen (17) members: |
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1 | (1) One of whom shall be the secretary of housing, or the secretary’s designee, who shall |
2 | chair the council; |
3 | (2) One of whom shall be the director of the department of human services, or the director’s |
4 | designee; |
5 | (3) One of whom shall be the director of the department of health, or the director’s |
6 | designee; |
7 | (4) One of whom shall be the director of the department of children, youth and families, or |
8 | the director’s designee; |
9 | (5) One of whom shall be the director of the office of healthy aging, or the director’s |
10 | designee; |
11 | (6) One of whom shall be the director of behavioral healthcare, developmental disabilities |
12 | and hospitals, or the director’s designee; |
13 | (7) One of whom shall be director of the department of labor and training, or the director’s |
14 | designee; |
15 | (8) One of whom shall be the director of the department of corrections, or the director’s |
16 | designee; |
17 | (9) One of whom shall be the commissioner of the department of elementary and secondary |
18 | education, or the commissioner’s designee; |
19 | (10) One of whom shall be the executive director of the Rhode Island housing and |
20 | mortgage finance corporation, or the director’s designee; |
21 | (11) One of whom shall be the director of the emergency management agency, or the |
22 | director’s designee; |
23 | (12) One of whom shall be a representative from the office of veterans services, or their |
24 | designee; |
25 | (13) One of whom shall be the public defender, or the public defender’s designee; |
26 | (14) One of whom shall be the Medicaid director within the executive office of health and |
27 | human services, or the director’s designee; |
28 | (15) One of whom shall be the secretary of the executive office of health and human |
29 | services, or the secretary’s designee; |
30 | (16) One of whom shall be the chair of the continuum of care created pursuant to Part 578 |
31 | of Subchapter C of Chapter V of Subtitle B of Title 24 of the Code of Federal Regulations, or the |
32 | chair’s designee; and |
33 | (17) One of whom shall be the lieutenant governor, or the lieutenant governor’s designee. |
34 | (b) Forthwith upon the effective date of this chapter [June 29, 2025], the members of the |
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1 | council shall meet at the call of the chair and organize. Vacancies in the council shall be filled in |
2 | like manner as the original appointment. A majority of seats filled shall constitute a quorum. |
3 | (c) The executive office of housing is hereby directed to provide administrative support for |
4 | the council. |
5 | (d) All departments and agencies of the state shall furnish advice and information, |
6 | documentary, and otherwise to the council and its agents as is deemed necessary or desirable by |
7 | the council to facilitate the purposes of this chapter. |
8 | SECTION 27. Section 42-167.2-1 of the General Laws in Chapter 42-167.2 entitled |
9 | "Interagency Council on Housing Production and Preservation" is hereby amended to read as |
10 | follows: |
11 | 42-167.2-1. Establishment of the interagency council on housing production and |
12 | preservation. |
13 | (a) There is hereby created a permanent council to be called the “Interagency Council on |
14 | Housing Production and Preservation” consisting of twelve (12) members: |
15 | (1) One of whom shall be the executive director of the Rhode Island housing and mortgage |
16 | finance corporation, or the director’s designee; |
17 | (2) One of whom shall be the director of the department of business regulation, or the |
18 | director’s designee; |
19 | (3) One of whom shall be the director of the department of environmental management, or |
20 | the director’s designee; |
21 | (4) One of whom shall be the secretary of the executive office of commerce, or the |
22 | secretary’s designee; |
23 | (5) One of whom shall be the director of the department of labor and training, or the |
24 | director’s designee; |
25 | (6) One of whom shall be the director of the department of health, or the director’s |
26 | designee; |
27 | (7) One of whom shall be the director of the office of healthy aging; or the director’s |
28 | designee; |
29 | (8) One of whom shall be the director of the office of veterans services, or the director’s |
30 | designee; |
31 | (9) One of whom shall be the director of the department of behavioral healthcare, |
32 | developmental disabilities and hospitals, or the director’s designee; |
33 | (10) One of whom shall be the executive director of the Rhode Island infrastructure bank, |
34 | or the executive director’s designee; |
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1 | (11) One of whom shall be the director of the department of administration, or the director’s |
2 | designee; and |
3 | (12) One of whom shall be the secretary of the executive office of housing, or the |
4 | secretary’s designee, who shall be the chair of the council. |
5 | (b) The council may invite additional entities to participate as necessary in meetings in a |
6 | non-voting capacity, including but not limited to: |
7 | (1) The public finance management board; |
8 | (2) The historical preservation and heritage commission; and |
9 | (3) The office of postsecondary commissioner. |
10 | (c) The executive office of housing will provide administrative support to the council. |
11 | SECTION 28. Sections 44-5-16, 44-5-26 and 44-5-30 of the General Laws in Chapter 44- |
12 | 5 entitled "Levy and Assessment of Local Taxes" are hereby amended to read as follows: |
13 | 44-5-16. Oath to account brought in — Remedies after failure to bring in account — |
14 | Effect on proration. |
15 | (a) Every person bringing in any account shall make oath before some notary public or |
16 | other person authorized to administer oaths in the place where the oath is administered that the |
17 | account by that person exhibited contains, to the best of their knowledge and belief, a true and full |
18 | account and valuation of all the tangible personal property owned or possessed by them; and |
19 | whoever neglects or refuses to bring in the account, if overtaxed, shall have no remedy therefor, |
20 | except as provided in §§ 44-4-14, 44-4-15, 44-5-26 — 44-5-30, 44-5-31 [Repealed], and 44-9-19 |
21 | — 44-9-24. In case a taxpayer is, because of illness or absence from the state, unable to make the |
22 | required oath to their account within the time prescribed by law, the taxpayer may, in writing, |
23 | appoint an agent to make oath to their account within the time prescribed by the assessors, and the |
24 | agent shall at the time of making the oath append their written appointment to the account, and for |
25 | all purposes in connection with the account the taxpayer is deemed to have personally made the |
26 | oath. |
27 | (b) No taxpayer shall be denied a right of review by means of the procedure described in |
28 | this chapter of any assessment on their tangible personal property by reason of any claimed |
29 | inadequacies, inaccuracies, or omissions in their listing of tangible personal property. |
30 | (c) Notwithstanding § 44-4-24, tangible personal property introduced into or removed from |
31 | any town or city during a calendar year shall be assessed as though the property was situated in the |
32 | city or town for the entire calendar year unless the taxpayer has filed an account as provided in this |
33 | section specifying the date on which the property was introduced or removed. |
34 | (d) Each city or town having a year of taxable ownership that measures length of ownership |
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1 | over the calendar year beginning immediately after the date of assessment shall adjust its year of |
2 | taxable ownership so that it has a year of taxable ownership that measures length of ownership over |
3 | the calendar year ending on the date of assessment. |
4 | 44-5-26. Petition in superior court for relief from assessment. |
5 | (a) Any person aggrieved on any ground whatsoever by any assessment of taxes against |
6 | him or her in any city or town, or any tenant or group of tenants, of real estate paying rent therefrom, |
7 | and under obligation to pay more than one-half (½) of the taxes thereon, may, on or before |
8 | November 15 of each year, but not less than ninety (90) days after the first tax payment is due, file |
9 | an appeal in the local office of tax assessment; provided, if the person to whom a tax on real estate |
10 | is assessed chooses to file an appeal, the appeal filed by a tenant or group of tenants will be void. |
11 | For the purposes of this section, the tenant(s) has the burden of proving financial responsibility to |
12 | pay more than one-half (½) of the taxes. The assessor has until December 31 of that year to review |
13 | appeals, render decisions, and notify taxpayers of the decisions. The taxpayer, if still aggrieved, |
14 | after the decision by the tax assessor, or in the event that the assessor does not render a decision by |
15 | December 31, but not less than forty-five (45) days after the appeal was filed, may appeal to the |
16 | local tax board of review; provided; however, appeals to the local tax board of review are to be |
17 | filed not more than thirty (30) days after the assessor renders a decision and notifies the taxpayer |
18 | thereof, or if the assessor does not render a decision by December 31, not later than January 31 of |
19 | the next year. The local tax board of review shall, within ninety (90) days of the filing of the appeal, |
20 | hear the appeal and render a decision within forty-five (45) days of the date of the close of the |
21 | hearing. |
22 | (b) Appeals to the local office of tax assessment are to be on an application form which has |
23 | been approved by the department of revenue in consultation with the Rhode Island League of Cities |
24 | and Towns. In the event of an appeal to the local tax board of review, the taxpayer or the local |
25 | office of tax assessment at the request by the taxpayer, shall forward the application form to the |
26 | local tax board of review within the time period set forth in this section. |
27 | (c) Said application must include: |
28 | (1) The applicant’s opinion of value, fair market value, class, and assessed value of said |
29 | property as of December 31 of the year of the last update or revaluation for real estate and as of |
30 | December 31 of the tax year for tangible personal property; and |
31 | (2) For income-producing residential real estate of six (6) units or more, and commercial, |
32 | industrial, or mixed-use real estate, fifty percent (50%) or more of which real estate was leased, or |
33 | was available to be leased, in an arm’s length transaction during the prior year, a statement of rental |
34 | income and related expenses, if any, for said real estate. Said statement of income and expenses |
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1 | shall cover the most recent twelve-month (12) period preceding said December 31 date; provided, |
2 | however, if such a statement of income and expenses is not yet available for said most recent |
3 | twelve-month (12) period, the statement of income and expenses covering the next most recent |
4 | twelve-month (12) period preceding said December 1 31 date shall be provided. |
5 | (d) Said application form shall provide that the applicant may file a single appeal for |
6 | multiple parcels of real estate if such parcels are contiguous and used as an aggregate site. |
7 | (e) Said application form shall also notify applicants that any global extension granted |
8 | pursuant to subsection (h) of this section will be posted on the department of revenue, division of |
9 | municipal finance website. |
10 | (f) Failure to provide such statement of income and expenses shall be grounds for denial |
11 | of the appeal and such taxpayer shall not have the right to petition for relief in the superior court. |
12 | (g) If a person has not filed a required account for tangible personal property, or filed an |
13 | appeal first with the local office of tax assessment and then the local tax board of review, that |
14 | person shall not have the benefit of the remedy provided in this section and/or in §§ 44-5-27 — 44- |
15 | 5-30, 44-5-31 [Repealed], unless the tax assessed is illegal in whole or in part; and that person’s |
16 | remedy is limited to a review of the assessment with respect to the illegal tax. |
17 | (h) The assessor for any city or town may request and receive from the director of the |
18 | department of revenue one or more ninety-day (90) global extensions of time (i.e., extensions which |
19 | include all such appeals pending before the local tax board of review) to the December 31 date |
20 | referenced in subsection (a) of this section. All such extensions shall be in writing and posted on |
21 | the department of revenue, division of municipal finance website. |
22 | (i) In the event that the local tax board of review does not hear a matter within ninety (90) |
23 | days of the filing of the appeal or, after the close of the hearing does not render a written decision |
24 | within forty-five (45) days of the date of the close of the hearing and there is no global extension |
25 | in effect, the city or town may request and receive from the director of the department of revenue |
26 | one or more extensions of time to either hear the matter and/or render a decision. The local board |
27 | of review shall notify the taxpayer in the event the director of the department of revenue grants a |
28 | city or town’s request for an extension to hear the taxpayer’s appeal and/or render a decision |
29 | thereon. Nothing herein shall prevent the local tax board of review and the taxpayer from mutually |
30 | agreeing to an extension of time for the matter to be heard and/or decision rendered. |
31 | (j) Any person still aggrieved on any ground whatsoever by an assessment of taxes against |
32 | him or her in any city or town may file, within thirty (30) days of the tax board of review’s written |
33 | decision and notice thereof, or in the event that the board has neither held a hearing nor issued a |
34 | decision within the above referenced time frames and has not sought and received an extension of |
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1 | time from the director of the department of revenue to do so, a petition in a superior court for the |
2 | county in which the city or town lies for relief from the assessment. The assessor of taxes of the |
3 | city or town in office at the time the petition is filed shall be named as a respondent in said action. |
4 | (k) The petition and accompanying summons/citation shall be served upon the assessors in |
5 | the manner set forth in rule 4 of the Rhode Island superior court rules of civil procedure governing |
6 | service of process. |
7 | (l) A plaintiff may amend a petition filed in the superior court seeking relief from a tax |
8 | assessment so as to include an appeal of the assessment of the same real estate for tax years |
9 | subsequent to the tax year which is the subject of said petition but prior to the tax year covered by |
10 | the next revaluation, statistical revaluation or update. Such amendment must be filed on or before |
11 | November 15 of the tax year for which the relief is being sought. Said taxpayer shall not be required |
12 | to first file an appeal with either the local tax assessor or local tax board for such tax years prior to |
13 | amending said petition. |
14 | (m) A petitioner may file a single petition for multiple parcels of real estate if those parcels |
15 | are contiguous and used as an aggregate site. |
16 | 44-5-30. Judgment on petition. |
17 | (a) On If on the trial of the petition, either with or without a jury, it appears that the |
18 | taxpayer’s real estate, tangible personal property, or intangible personal property has been assessed |
19 | in excess of the provisions of § 44-5-12 or if it appears that the tax assessed is illegal in whole or |
20 | in part, the court shall give judgment that the sum by which the taxpayer has been so overtaxed, or |
21 | illegally taxed, with their costs, be deducted from their tax; but if the taxpayer’s tax be paid, whether |
22 | before or after the filing of the petition, then the court shall give judgment for the petitioner for the |
23 | sum by which the petitioner has been so overtaxed, or illegally taxed, plus the amount of any |
24 | penalty paid on the tax, with interest from the date on which the tax and penalty were paid and |
25 | costs, which judgment shall be paid to the petitioner by the city or town treasurer out of the treasury. |
26 | (b) If, however, on the trial of the petition related to tangible personal property and/or real |
27 | estate, either with or without a jury, it appears that as it relates to tangible personal property the |
28 | taxpayer has failed to file a required account or has fraudulently concealed or omitted any |
29 | information from their account, or if it appears that the assessors have not assessed either the |
30 | taxpayer’s tangible personal property or real estate at a value in excess of the provisions of § 44-5- |
31 | 12, and that the taxpayer has not been illegally taxed, the assessors shall have judgment and |
32 | execution for their costs. |
33 | SECTION 29. Section 46-23-6 of the General Laws in Chapter 46-23 entitled "Coastal |
34 | Resources Management Council" is hereby amended to read as follows: |
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1 | 46-23-6. Powers and duties — Rights-of-way. |
2 | In order to properly manage coastal resources the council has the following powers and |
3 | duties: |
4 | (1) Planning and management. |
5 | (i) The primary responsibility of the council shall be the continuing planning for and |
6 | management of the resources of the state’s coastal region. The council shall be able to make any |
7 | studies of conditions, activities, or problems of the state’s coastal region needed to carry out its |
8 | responsibilities. |
9 | (ii) The resources management process shall include the following basic phases: |
10 | (A) Identify all of the state’s coastal resources, water, submerged land, air space, fin fish, |
11 | shellfish, minerals, physiographic features, and so forth. |
12 | (B) Evaluate these resources in terms of their quantity, quality, capability for use, and other |
13 | key characteristics. |
14 | (C) Determine the current and potential uses of each resource. |
15 | (D) Determine the current and potential problems of each resource. |
16 | (E) Formulate plans and programs for the management of each resource, identifying |
17 | permitted uses, locations, protection measures, and so forth. |
18 | (F) Carry out these resources management programs through implementing authority and |
19 | coordination of state, federal, local, and private activities. |
20 | (G) Formulation of standards where these do not exist, and reevaluation of existing |
21 | standards. |
22 | (H) To develop comprehensive programs for dredging in tidal waters and related beneficial |
23 | use, disposal, monitoring dewatering and transportation of dredge materials. |
24 | (I) To accept and administer loans and grants from the federal government and from other |
25 | sources, public or private, for the carrying out of any of its functions, which loans or grants shall |
26 | not be expended for other than the purposes for which provided. |
27 | (J) To encourage, participate in, or conduct studies, investigations, research, and |
28 | demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the |
29 | tidal waters of the state as the coastal resources management council may deem advisable and |
30 | necessary for the discharge of its duties under this chapter. |
31 | (K) To collect and disseminate information relating to dredging, disposal of dredge |
32 | materials and transportation thereof within the tidal waters of the state. |
33 | (L) To work with the appropriate federal and state agencies to develop as provided for in |
34 | this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and |
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1 | related beneficial use, disposal, monitoring dewatering and transportation of dredge materials. |
2 | (M) To apply for, accept and expend grants and bequests of funds, for the purpose of |
3 | carrying out the lawful responsibilities of the coastal resources management council. |
4 | (iii) An initial series of resources management activities shall be initiated through this basic |
5 | process, then each phase shall continuously be recycled and used to modify the council’s resources |
6 | management programs and keep them current. |
7 | (iv) Planning and management programs shall be formulated in terms of the characteristics |
8 | and needs of each resource or group of related resources. However, all plans and programs shall be |
9 | developed around basic standards and criteria, including: |
10 | (A) The need and demand for various activities and their impact upon ecological systems. |
11 | (B) The degree of compatibility of various activities. |
12 | (C) The capability of coastal resources to support various activities. |
13 | (D) Water quality standards set by the director of the department of environmental |
14 | management. |
15 | (E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other |
16 | public and private sources. |
17 | (F) Consideration of contiguous land uses and transportation facilities. |
18 | (G) Whenever possible consistency with the state guide plan. |
19 | (v) The council shall prepare, adopt, administer, and cause to be implemented, including |
20 | specifically through its powers of coordination as set forth in subdivision (3) of this section, a |
21 | marine resources development plan and such special area management plans as the council may |
22 | determine to be appropriate or desirable as follows: |
23 | (A) Marine resources development plan. |
24 | (I) The purpose of the marine resources development plan shall be to provide an integrated |
25 | strategy for: (a) improving the health and functionality of Rhode Island’s marine ecosystem; (b) |
26 | providing for appropriate marine-related economic development; and (c) promoting the use and |
27 | enjoyment of Rhode Island’s marine resources by the people of the state. |
28 | (II) The marine resources development plan shall include specific goals and objectives |
29 | necessary to accomplish its purposes, performance measures to determine progress toward |
30 | achieving such goals and objectives, and an implementation program. |
31 | (III) The marine resources development plan shall be prepared in cooperation with the |
32 | department of environmental management, the statewide planning program, and the commerce |
33 | corporation, with the involvement of such other state agencies as may be appropriate, and with such |
34 | technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program, |
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1 | the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant. |
2 | (IV) The plan shall be responsive to the requirements and principles of the federal coastal |
3 | zone management act as amended, including, but not limited to, the expectations of the act for |
4 | incorporating the federal Clean Water Act into coastal zone management programs. |
5 | (V) The marine resources development plan shall take into account local land use |
6 | management responsibilities as provided for under title 45 and harbor management responsibilities, |
7 | and the preparation of the plan shall include opportunities for involvement and/or comment by |
8 | cities and towns. |
9 | (VI) The marine resources development plan shall be adopted by the council in accordance |
10 | with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate the |
11 | recommendations of the Governor’s Narragansett Bay and Watershed Planning Commission, and |
12 | shall be made consistent with systems level plans as appropriate, in order to effectuate the purposes |
13 | of systems level planning. The council shall update the marine resources development plan at least |
14 | once every five (5) years. |
15 | (VII) The council shall administer its programs, regulations, and implementation activities |
16 | in a manner consistent with the marine resources development plan. |
17 | (VIII) The marine resources development plan and any updates thereto shall be adopted as |
18 | appropriate as elements of the state guide plan pursuant to § 42-11-10. |
19 | (B) Special area management plans. |
20 | (I) The council shall adopt such special area management plans as deemed necessary and |
21 | desirable to provide for the integration and coordination of the protection of natural resources, the |
22 | promotion of reasonable coastal-dependent economic growth, and the improved protection of life |
23 | and property in the specific areas designated council as requiring such integrated planning and |
24 | coordination. |
25 | (II) The integrated planning and coordination herein specified shall include, but not be |
26 | limited to, federal agencies, state agencies, boards, commissions, and corporations, including |
27 | specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate |
28 | and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and |
29 | shall provide for the participation of advocacy groups, community-based organizations, and private |
30 | persons. |
31 | (III) The council shall administer its programs, regulations, and implementation activities |
32 | in a manner consistent with special area management plans. |
33 | (IV) Special area management plans and any updates thereto shall be adopted as |
34 | appropriate as elements of the state guide plan pursuant to § 42-11-10. |
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1 | (2) Implementation. |
2 | (i) The council is authorized to formulate policies and plans and to adopt regulations |
3 | necessary to implement its various management programs. With respect to such policies and plans |
4 | which relate to matters where the coastal resources management council and the department of |
5 | environmental management have concurrent jurisdiction and upon formulation of the plans and |
6 | regulations, the council shall, prior to adoption, submit the proposed plans or regulations to the |
7 | director of the department of environmental management for the director’s review. The director |
8 | shall review and submit comments to the council within thirty (30) days of submission to the |
9 | director by the council. The comments of the director shall include findings with regard to the |
10 | consistency of the policies, plans and/or regulations with the requirements of laws administered by |
11 | the department. The council shall consider the director’s comments prior to adoption of any such |
12 | policies, plans or regulations and shall respond in writing to findings of the director with regard to |
13 | the consistency of said policies, plans and/or regulations with the requirements of laws |
14 | administered by the department. |
15 | (ii)(A) The council shall have exclusive jurisdiction below mean high water for all |
16 | development, operations, and dredging, consistent with the requirements of chapter 6.1 of this title |
17 | and except as necessary for the department of environmental management to exercise its powers |
18 | and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and any |
19 | person, firm, or governmental agency proposing any development or operation within, above, or |
20 | beneath the tidal water below the mean high water mark, extending out to the extent of the state’s |
21 | jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not: |
22 | (I) Conflict with any resources management plan or program; |
23 | (II) Make any area unsuitable for any uses or activities to which it is allocated by a |
24 | resources management plan or program adopted by the council; or |
25 | (III) Significantly damage the environment of the coastal region. |
26 | (B) The council shall be authorized to approve, modify, set conditions for, or reject any |
27 | such proposal. |
28 | (iii) The authority of the council over land areas (those areas above the mean high water |
29 | mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature or to that |
30 | necessary to carry out effective resources management programs. This shall be limited to the |
31 | authority to approve, modify, set conditions for, or reject the design, location, construction, |
32 | alteration, and operation of specified activities or land uses when these are related to a water area |
33 | under the agency’s jurisdiction, regardless of their actual location. The council’s authority over |
34 | these land uses and activities shall be limited to situations in which there is a reasonable probability |
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1 | of conflict with a plan or program for resources management or damage to the coastal environment. |
2 | These uses and activities are: |
3 | (A) Power generating over forty megawatts (40 MW) and desalination plants. |
4 | (B) Chemical or petroleum processing, transfer, or storage. |
5 | (C) Minerals extraction. |
6 | (D) Shoreline protection facilities and physiographical features, and all directly associated |
7 | contiguous areas which are necessary to preserve the integrity of the facility and/or features. |
8 | (E) Coastal wetlands and all directly associated contiguous areas which are necessary to |
9 | preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of |
10 | the coast. The actual determination of freshwater wetlands located in coastal vicinities and under |
11 | the jurisdiction of the coastal resources management council shall be designated on such maps that |
12 | are agreed to in writing and made available for public use by the coastal resources management |
13 | council and the director, department of environmental management, within three (3) months of |
14 | [August 6, 1996]. The CRMC shall have exclusive jurisdiction over the wetlands areas described |
15 | in this section notwithstanding any provision of chapter 1, title 2 or any other provision, except as |
16 | provided in subsection (2)(iv) of this section. Within six (6) months of [August 6, 1996] the council |
17 | in cooperation with the director shall develop rules and regulations for the management and |
18 | protection of freshwater wetlands, affected by an aquaculture project, outside of those freshwater |
19 | wetlands located in the vicinity of the coast and under the exclusive jurisdiction of the director of |
20 | the department of environmental management. For the purpose of this chapter, a “coastal wetland” |
21 | means any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters |
22 | reach the littoral areas through natural or artificial watercourses, and those uplands directly |
23 | associated and contiguous thereto which are necessary to preserve the integrity of that marsh. |
24 | Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass |
25 | (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black |
26 | rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh |
27 | bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall |
28 | cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha |
29 | angustifolia), spike rush (eleocharis rostellata), chairmaker’s rush (scirpus amercana), creeping |
30 | bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus). |
31 | (F) Sewage treatment and disposal and solid waste disposal facilities. |
32 | (G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where |
33 | such activities take place within two hundred feet (200′) of mean high water or a coastal |
34 | physiographic feature, or where there is a reasonable probability of conflict with a plan or program |
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1 | for resources management or damage to the coastal environment. |
2 | (iv) Notwithstanding the provisions of subsections (ii) and (iii) (2)(ii) and (2)(iii) above, |
3 | the department of environmental management shall maintain jurisdiction over the administration |
4 | of chapter 1, title 2, including permitting of freshwater wetlands alterations and enforcement, with |
5 | respect to all agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), |
6 | wherever located; provided, however, that with respect to activities located partially or completely |
7 | within two hundred feet (200′) of the coastal physiographic feature, the department shall exercise |
8 | jurisdiction in consultation with the council. |
9 | (3) Coordination. The council has the following coordinating powers and duties: |
10 | (i) Functioning as a binding arbitrator in any matter of dispute involving both the resources |
11 | of the state’s coastal region and the interests of two (2) or more municipalities or state agencies. |
12 | (ii) Consulting and coordinating actions with local, state, regional, and federal agencies |
13 | and private interests. |
14 | (iii) Conducting or sponsoring coastal research. |
15 | (iv) Advising the governor, the general assembly, and the public on coastal matters. |
16 | (v) Serving as the lead state agency and initial and primary point of contact for dredging |
17 | activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of |
18 | other state agencies as they pertain to dredging in order to develop comprehensive programs for |
19 | dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The |
20 | Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill |
21 | shall first contact the CRMC to see if there is a source of suitable dredged material available which |
22 | shall be used in place of the purchase cover material. Other state agencies engaged in the process |
23 | of dump closures shall also contact the CRMC to see if there is a source of suitable dredged material |
24 | available, which shall be used in place of the purchase cover material. In addition, cities and towns |
25 | may contact the CRMC prior to closing city or town controlled dump sites to see if there is a source |
26 | of suitable dredge material available, which may be used in place of the purchase cover material. |
27 | (vi) Acting as the state’s representative to all bodies public and private on all coastal and |
28 | aquaculture related matters. |
29 | (4) Operations. The council is authorized to exercise the following operating functions, |
30 | which are essential to management of coastal resources: |
31 | (i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its |
32 | jurisdiction, including conduct of any form of aquaculture. |
33 | (ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of |
34 | coastal wetlands and all directly related contiguous areas which are necessary to preserve the |
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1 | integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge |
2 | materials in the tidal waters. |
3 | (iii) Grant licenses, permits, and easements for the use of coastal resources which are held |
4 | in trust by the state for all its citizens, and impose fees for private use of these resources. |
5 | (iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines. |
6 | (v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions. |
7 | (vi) The council may require an owner or operator of a commercial wharf or pier of a |
8 | marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources management |
9 | program, but not including those facilities defined in 300.4 of the Rhode Island coastal resources |
10 | management program, and which is capable of offloading cargo, and is or will be subject to a new |
11 | use or a significant intensification of an existing use, to demonstrate that the commercial wharf or |
12 | pier is fit for that purpose. For the purposes of this subsection, a “commercial wharf or pier” means |
13 | a pier, bulkhead, wharf, docking facility, or underwater utilities. The council may order said owner |
14 | or operator to provide an engineering certification to the council’s satisfaction that the commercial |
15 | wharf or pier is fit for the new use or intensification of an existing use. If the council determines |
16 | that the commercial wharf or pier is not fit, it may order the owner or operator to undertake the |
17 | necessary work to make the commercial wharf or pier safe, within a reasonable time frame. If the |
18 | council determines that the commercial wharf or pier, because of its condition, is an immediate |
19 | threat to public health and safety it may order the commercial wharf or pier closed until the |
20 | necessary work to make the commercial wharf or pier safe has been performed and approved by |
21 | the council. All work performed must conform to the council’s management program. The council |
22 | is also given the authority to develop regulations to carry out this provision and to impose |
23 | administrative penalties of five thousand dollars ($5,000) per day up to a maximum of twenty |
24 | thousand dollars ($20,000) consistent with § 46-23-7.1 where there has been a violation of the |
25 | orders under this provision. |
26 | (5) Rights-of-way. |
27 | (i) The council is responsible for the designation of all public rights-of-way to the tidal |
28 | water areas of the state, and shall carry on a continuing discovery of appropriate public rights-of- |
29 | way to the tidal water areas of the state. |
30 | (ii) The council shall maintain a complete file of all official documents relating to the legal |
31 | status of all public rights-of-way to the tidal water areas of the state. |
32 | (iii)(A) The council has the power to designate for acquisition and development, and |
33 | posting, and all other functions of any other department for tidal rights-of-way and land for tidal |
34 | rights-of-way, parking facilities, and other council related purposes. |
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1 | (B) Further, the council has the power to develop and prescribe a standard sign to be used |
2 | by the cities and towns to mark designated rights-of-way. |
3 | (iv) In conjunction with this subdivision, every state department controlling state-owned |
4 | land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much |
5 | of the land that may be deemed necessary for public parking. |
6 | (v) No use of land for public parking shall conflict with existing or intended use of the land, |
7 | and no improvement shall be undertaken by any state agency until detailed plans have been |
8 | submitted to and approved by the governing body of the local municipality. |
9 | (vi) In designating rights-of-way, the council shall consider the following matters in |
10 | making its designation: |
11 | (A) Land evidence records; |
12 | (B) The exercise of domain over the parcel such as maintenance, construction, or upkeep; |
13 | (C) The payment of taxes; |
14 | (D) The creation of a dedication; |
15 | (E) Public use; |
16 | (F) Any other public record or historical evidence such as maps and street indexes; |
17 | (G) Other evidence as set out in § 42-35-10. |
18 | (vii) A determination by the council that a parcel is a right-of-way shall be decided by |
19 | substantial evidence. A copy of the final council determination, and all official documents related |
20 | to the council determination, shall be provided to the municipality in which the right-of-way is |
21 | located. |
22 | (viii) Municipalities shall be required to identify and maintain a current list of public rights- |
23 | of-way to the tidal water areas in their municipality that have been designated by the council in |
24 | accordance with this section. Municipal identification of the council’s designated public rights-of- |
25 | way shall also be incorporated and displayed on official maps in accordance with § 45-23.1-1. Non- |
26 | compliance with this municipal responsibility shall have no effect on the council designation |
27 | process or final determinations by the council that are set forth in this section. |
28 | (ix) The council shall be notified whenever by the judgment of the governing body of a |
29 | coastal municipality, a public right-of-way to tidal water areas located in such municipality has |
30 | ceased to be useful to the public, and such governing body proposes an order of abandonment of |
31 | such public right-of-way. Said notice shall be given not less than sixty (60) days prior to the date |
32 | of such abandonment. |
33 | (6) Preexisting residential boating facilities. |
34 | (i) The council is hereby authorized and empowered to issue assent for preexisting |
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1 | residential boating facilities constructed prior to January 1, 1985. These assents may be issued for |
2 | preexisting residential boating facilities, even though such facilities do not meet current standards |
3 | and policies of the council; provided, however, that the council finds that such facilities do not pose |
4 | any significant risk to the coastal resources of the state of Rhode Island and do not endanger human |
5 | safety. |
6 | (ii) In addition to the above criteria, the applicant shall provide clear and convincing |
7 | evidence that: |
8 | (A) The facility existed in substantially the same configuration as it now exists prior to |
9 | January 1, 1985; |
10 | (B) The facility is presently intact and functional; and |
11 | (C) The facility presents no significant threat to the coastal resources of the state of Rhode |
12 | Island or human safety. |
13 | (iii) The applicant, to be eligible for this provision, shall apply no later than January 31, |
14 | 1999. |
15 | (iv) The council is directed to develop rules and regulations necessary to implement this |
16 | subdivision. |
17 | (v) It is the specific intent of this subsection to require that all preexisting residential |
18 | boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans, |
19 | rules and regulations of the council. |
20 | (7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners. |
21 | (i) Any littoral or riparian owner in this state who desires to obtain a lease from the state |
22 | of Rhode Island of any filled lands adjacent to his or her upland shall apply to the council, which |
23 | may make the lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands must |
24 | obtain pre-approval, in the form of an assent, from the council. Any lease granted by the council |
25 | shall continue the public’s interest in the filled lands including, but not limited to, the rights of |
26 | navigation, fishery, and commerce. The public trust in the lands shall continue and run concurrently |
27 | with the leasing of the lands by the state to private individuals, corporations, or municipalities. |
28 | Upon the granting of a lease by the council, those rights consistent with the public trust and secured |
29 | by the lease shall vest in the lessee. The council may approve a lease of filled lands for an initial |
30 | term of up to fifty (50) years, with, or without, a single option to renew for an additional term of |
31 | up to fifty (50) years. |
32 | (ii) The lessor of the lease, at any time, for cause, may by express act cancel and annul any |
33 | lease previously made to the riparian owner when it determines that the use of the lands is violating |
34 | the terms of the lease or is inconsistent with the public trust, and upon cancellation the lands, and |
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1 | rights in the land so leased, shall revert to the state. |
2 | (8) “Marinas” as defined in the coastal resources management program in effect as of June |
3 | 1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not |
4 | applicable to: |
5 | (i) Any riparian owner on tidal waters in this state (and any successor in interest to the |
6 | owner) which has an assent issued by the council to use any land under water in front of his or her |
7 | lands as a marina, which assent was in effect on June 1, 1997; |
8 | (ii) Any alteration, expansion, or other activity at a marina (and any successor in interest) |
9 | which has an assent issued by the council, which assent was in effect on June 1, 1997; and |
10 | (iii) Any renewal of assent to a marina (or successor in interest), which assent was issued |
11 | by the council and in effect on June 1, 1997. |
12 | (9) “Recreational boating facilities” including marinas, launching ramps, and recreational |
13 | mooring areas, as defined by and properly permitted by the council, are deemed to be one of the |
14 | uses consistent with the public trust. Subdivision (7) is not applicable to: |
15 | (i) Any riparian owner on tidal waters in this state (and any successor in interest to the |
16 | owner) which has an assent issued by the council to use any land under water in front of his or her |
17 | lands as a recreational boating facility; any alteration, expansion or other activity at a recreational |
18 | boating facility (and any successor in interest) which has an assent issued by the council, which |
19 | assent was in effect as of June 1, 1997; and |
20 | (ii) Any renewal of assent to a recreational boating facility (or successor in interest), which |
21 | assent was issued by the council and in effect on June 1, 1997. |
22 | ARTICLE III -- EFFECTIVE DATE |
23 | SECTION 1. Article I of this act shall take effect on December 31, 2026, and Article II of |
24 | this act shall take effect upon passage. |
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LC006193 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATUTES AND STATUTORY CONSTRUCTION | |
*** | |
1 | This act would reenact certain chapters of title 45 relating to towns and cities and would |
2 | provide various technical statutory construction edits throughout the general laws. |
3 | Article I of this act would take effect on December 31, 2026, and Article II of this act would |
4 | take effect upon passage. |
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LC006193 | |
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