2018 Annual Report

 

 

 

1)

Section

Amend Chapter Numbers:

 

2-6-7

167 and 242

 

 

2-6-7. Duties and authority of the director of the department of environmental

management.

     (a) The duty of enforcing this chapter and carrying out its provisions and requirements is

vested in the director of the department of environmental management. It is the duty of that

officer, who may act through his or her authorized agents:

     (1) To sample, inspect, make analysis of, and test agricultural and vegetable seeds

transported, sold, or offered or exposed for sale within the state for sowing purposes, at any time

and place and to any extent as he or she may deem necessary to determine whether those

agricultural or vegetable seeds are in compliance with the provisions of this chapter; to notify

promptly the person who transported, sold, offered, or exposed the seed for sale, of any violation;

     (2) To prescribe and, after a public hearing following public notice, to adopt rules and

regulations governing the method of sampling, inspecting, analyzing, testing, and examining

agricultural and vegetable seed and the tolerances to be followed in the administration of this

chapter, which shall be in general accord with officially prescribed practice in interstate

commerce and any other rules and regulations that may be necessary to secure efficient

enforcement of this chapter;

     (3) To prescribe and, after a public hearing following public notice, establish, add to, or

subtract from by regulations a prohibited and restricted noxious weed list; and

     (4) To prescribe and, after a public hearing following public notice, to adopt rules and

regulations establishing reasonable standards of germination for vegetable seeds.

     (b) For the purpose of carrying out the provisions of this chapter, the director,

individually or through his or her authorized agents, is authorized:

     (1) To enter upon any public or private premises during regular business hours in order to

have access to seeds and the records connected with the premises subject to this chapter and rules

and regulations under this chapter, and any truck or other conveyor by land, water, or air at any

time when the conveyor is accessible, for the same purpose;

     (2) To issue and enforce a written or printed "stop sale" order to the owner or custodian

of any lot of agricultural or vegetable seed that the director finds is in violation of any of the

provisions of this chapter or rules and regulations promulgated under this chapter. That order

shall prohibit further sale, processing, and movement of the seed, except on approval of the

director, until the director has evidence that the law has been complied with and the director has

issued a release from the "stop sale" order of the seed; provided, that in respect to seed that has

been denied sale, processing, and movement as provided in this paragraph, the owner or

custodian of the seed has the right to appeal from the order to a court of competent jurisdiction in

the locality in which the seeds are found, praying for a judgment as to the justification of the

order and for the discharge of the seeds from the order prohibiting the sale, processing, and

movement in accordance with the findings of the court. The provisions of this paragraph shall not

be construed as limiting the right of the director to proceed as authorized by other sections of this

chapter;

     (3) To establish and maintain or make provisions for seed-testing facilities,; to employ

qualified persons,; and to incur any expenses that may be necessary to comply with these

provisions;

     (4) To make or provide for making purity and germination tests of seed for farmers and

dealers on request; to prescribe rules and regulations governing that testing; and to fix and collect

charges for the tests made. Fees shall be accounted for in any manner that the state legislature

may prescribe; and

     (5) To cooperate with the United States Department of Agriculture and other agencies in

seed law enforcement.

     (c) Jurisdiction in all matters pertaining to the cultivation, harvesting, production,

processing, certification, labeling, inspection, analyzing, testing, sampling, classification,

designation, advertising, marketing, sale, storage, transportation, distribution, possession,

notification of use, planting, and other use of agricultural and vegetable seeds is, by this chapter,

vested exclusively in the director, to the exclusion of all local ordinances or regulations.

     (1) All acts or parts of acts, whether general, special, or local, inconsistent with this

section are expressly repealed, declared to be invalid, and of no effect.


 

2)

Section

Amend Chapter Numbers:

 

2-6-10

167 and 242

 

 

2-6-10. Violations and prosecutions.

     (a) Every violation of the provisions of this chapter shall be deemed a misdemeanor civil

violation punishable by a fine not exceeding one hundred dollars ($100) for the first offense and

not exceeding two hundred fifty dollars ($250) for each subsequent similar offense.

     (b) When the director finds that any person has violated any of the provisions of this

chapter, the director shall file with the attorney general, with a view of prosecution, any evidence

that may be deemed necessary. No prosecution under this chapter shall be instituted without the

defendant individual first having been given an opportunity to appear before the director or his or

her duly authorized agent, to introduce evidence either in person or by agent or attorney at a

private hearing. If, after the hearing, or without the hearing in case the defendant individual or his

or her agent or attorney fails or refuses to appear, the director is of the opinion that the evidence

warrants prosecution, the director shall proceed as provided in this section.

     (c) It is the duty of the attorney general director to institute proceedings at once against

any person charged with a violation of this chapter, if, in the judgment of the attorney general

director, the information submitted warrants that action.

     (d) After judgment by the court in any case arising under this chapter, the director shall

publish any information pertinent to the issuance of the judgment by the court in any media as the director may designate from time to time.


 

3)

Section

Amend Chapter Numbers:

 

3-5-18

176 and 289

 

 

3-5-18. Signature on licenses � Posting and exhibition. 

     (a) All retail licenses issued under chapter 7 of this title shall bear the signature written by

hand, or electronic signature, of the clerk of the licensing board, body, or officials issuing them,

and shall not be printed, stamped, typewritten, engraved, photographed, or cut from one

instrument and attached to another and shall be displayed by the licensee, on the premises, and

shall be exhibited on demand to any deputy sheriff, to any city or town sergeant, constable,

officer or member of the city or town police or to any member of the department of state police or

agent of the department.

     (b) All retail licenses shall be displayed within the premises but need not be posted. The

license shall be exhibited to any deputy sheriff of the county, to any city or town sergeant,

constable, officer or member of the city or town police or to any member of the department of

state police or agent of the department who request proof that the establishment is duly licensed. 


 

4)

Section

Amend Chapter Numbers:

 

3-6-1

176 and 289

 

 

3-6-1. Manufacturer's license. 

     (a) A manufacturer's license authorizes the holder to establish and operate a brewery,

distillery, or winery at the place described in the license for the manufacture of beverages within

this state. The license does not authorize more than one of the activities of operator of a brewery

or distillery or winery and a separate license shall be required for each plant.

     (b) The license also authorizes the sale at wholesale, at the licensed place by the

manufacturer of the product of the licensed plant, to another license holder and the transportation

and delivery from the place of sale to a licensed place or to a common carrier for that delivery.

The license does authorize the sale of beverages for consumption on premises where sold;

provided that the manufacturer does not sell an amount in excess of thirty-six ounces (36 oz.) of

malt beverage or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a

combination not greater than three (3) drinks where a drink is defined as twelve ounces (12 oz.)

of beer or one and one-half ounces (1.5 oz.) of spirits, for consumption on the premises. The

license also authorizes the sale of beverages produced on the premises in an amount not in excess

of two hundred eighty-eight ounces (288 oz.) of malt beverages, or seven hundred fifty milliliters

(750 ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more

than seventy-two ounces (72 oz.) each. These beverages may be sold to the consumers for off-

premises consumption, and shall be sold pursuant to the laws governing retail Class A

establishments. The containers for the sale of beverages for off-premises consumption shall be

sealed. The license does not authorize the sale of beverages in this state for delivery outside this

state in violation of the law of the place of delivery. The license holder may provide to visitors, in

conjunction with a tour and/or tasting, samples, clearly marked as samples, not to exceed three

hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces

(72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the product of

the licensed plant to visitors for off-premises consumption. The license does not authorize

providing samples to a visitor of any alcoholic beverages for off-premises consumption that are

not manufactured at the licensed plant.

     (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for

a distillery producing less than or equal to fifty thousand (50,000) gallons per year; five hundred

dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500) for a winery

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per

year for a winery producing less than fifty thousand (50,000) gallons per year. All those fees are

prorated to the year ending December 1 in every calendar year and shall be paid to the division of

taxation and be turned over to the general treasurer for the use of the state.


 

 5)

Section

Amend Chapter Numbers:

 

3-6-1.2

176 and 289

 

 

3-6-1.2. Brewpub manufacturer's license. 

     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of

the beverages manufactured on the location for consumption on the premises. The license shall

not authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments.

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common

carrier for that delivery.

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under � 3-6-9 or 3-6-11.

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per

year for a brewpub producing less than fifty thousand (50,000) gallons per year. The annual fee is

prorated to the year ending December 1 in every calendar year and paid to the division of taxation

and turned over to the general treasurer for the use of the state. 


 

6)

Section

Amend Chapter Numbers

 

3-6-3

176 and 289

 

 

3-6-3. Rectifier's license. 

     The department is authorized to issue rectifiers' licenses in accordance with the

provisions of �� 3-6-4 � 3-6-8. The fee provided shall be prorated to the year ending December 1

in every calendar year and be paid to the division of taxation and turned over to the general

treasurer for the use of the state. 


 

7)

Section

Amend Chapter Numbers:

 

3-6-7

121 and 226

 

 

3-6-7. Annual rectifier's license fee.

     The annual fee for a rectifier's license is three thousand dollars ($3,000) five hundred

dollars ($500). The fee is prorated to the year ending December 1 in each calendar year.


  

8)

Section

Amend Chapter Numbers:

 

3-6-9

176 and 289

 

 

3-6-9. Wholesaler's license � Class A. 

     A wholesaler's license, Class A, authorizes the holder to keep for sale and to sell malt

beverages and wines at wholesale at the place described to holders of licenses under this title

within this state and to holders of wholesale licenses in other states and the transportation and

delivery from the place of sale to those license holders or to a common carrier for that delivery.

Sales by a wholesaler in this state to a holder of a wholesale license in another state shall be only

to a wholesaler who is a distributor of the same brand of malt beverages or wines subject to

permission by the department. The license shall not authorize the sale of malt beverages or wines

for consumption on the premises where sold nor their sale for their delivery outside this state in

violation of the law of the place of delivery. The annual fee for the license is two thousand dollars

($2,000) prorated to the year ending December 1 in every calendar year, and shall be paid to the

division of taxation and turned over to the general treasurer for the use of the state. Whenever any

malt beverages or wines are sold outside the state pursuant to this section, refunds or credits of

import fees previously paid on those malt beverages or wines shall be made to holders of

wholesaler's licenses under this title in accordance with regulations promulgated by the division

of taxation. 


  

9)

Section

Amend Chapter Numbers:

 

3-6-10

176 and 289

 

 

3-6-10. Wholesaler's license � Class B. 

     (a) A wholesaler's license, Class B, authorizes the holder to keep for sale and to sell malt

and vinous beverages and distilled spirits at wholesale, at the place described in the license, to

holders of licenses under this title within this state and to holders of wholesale licenses in other

states and authorizes the transportation and delivery from the place of sale to those license

holders or to a common carrier for that delivery. Sales by a wholesaler in this state to a holder of

a wholesale license in another state shall be only to a wholesaler who is a distributor of the same

brand of malt beverages, vinous beverages, and distilled spirits subject to permission by the state

liquor control administrator. The license shall not authorize the sale of beverages for consumption

on the premises where sold nor the sale of beverages for delivery outside this state in violation of

the law of the place of delivery.

     (b) The annual fee for the license is four thousand dollars ($4,000) prorated to the year

ending December 1 in every calendar year, and shall be paid to the division of taxation and turned

over to the general treasurer for the use of the state whenever any malt beverages, vinous

beverages, and distilled spirits are sold outside the state pursuant to this section. Refunds or

credits of import fees previously paid on malt beverages, vinous beverages and distilled spirits

shall be made to holders of wholesaler's licenses under this title in accordance with regulations

promulgated by the division of taxation. 


 

10)

Section

Amend Chapter Numbers:

 

3-6-11

176 and 289

 

 

3-6-11. Wholesaler's Class C license. 

     A wholesaler's Class C license authorizes the holder to manufacture, transport, import,

export, deliver, and sell alcohol for mechanical, manufacturing, medicinal, or chemical purposes

only, or to any registered pharmacist, licensed pharmacy, drug store, or apothecary shop, or to

any registered physician or dentist, or to any hospital or educational or scientific institution, for

use other than beverage purposes. The annual fee for the license is two hundred dollars ($200)

and shall be paid to the division of taxation and turned over to the general treasurer for the use of

the state. 


 

11)

 

Section

Amend Chapter Numbers:

 

 

3-6-12

176 and 289

 

 

 

3-6-12. Agents' licenses. 

     Any person who represents a distillery, winery, or brewery is deemed and taken to be

acting as an agent for and on behalf of that distillery, winery, or brewery, and is required to have

received from the department a license to act as an agent. The annual fee for that license is fifty

dollars ($50.00) paid to the division of taxation general treasurer. The department may, after

notice, suspend or revoke any license for cause. 


 

12)

Section

Repeal Chapter Numbers:

 

3-6-13

176 and 289

 

 

3-6-13 [Repealed]


 

13)

Section

Amend Chapter Numbers:

 

 

3-7-15

176,289,339, and 341

 

 

3-7-15. Class G license.

     (a) A Class G retailer's license shall be issued only to any dining car company, sleeping

car company, parlor car company, and railroad company operating in this state, or any company

operating passenger-carrying marine vessels in this state, or any airline operating in this state, and

authorizes the holder of the license to keep for sale and to sell in its dining cars, sleeping cars,

buffet cars, club cars, lounge cars and any other cars used for the transportation or

accommodation of passengers, and in or on any passenger-carrying marine vessel, and in any

airplane, beverages for consumption therein or thereon, but only when actually en route.

     (b) In addition, the holder of the Class G license for a passenger-carrying marine vessel

may serve alcoholic beverages at retail aboard the vessel during the period thirty (30) minutes

prior to the scheduled departure and until departure, provided that the local licensing board

annually consents.

     (c) Each company or airline to which the license is issued shall pay to the department an

annual fee of two hundred fifty dollars ($250) for the license, and one dollar ($1.00) for each

duplicate of the license, which fees are paid into the state treasury.

     (d) The license expires one year from its date and is good throughout the state as a state

license, and only one license is required for all cars or airplanes, but a license issued to any

company or person operating passenger-carrying marine vessels in this state shall authorize the

sale of beverages only in the passenger-carrying marine vessel designated and no further license

shall be required or tax levied by any city or town for the privilege of selling beverages for

consumption in those cars or on those vessels or in those airplanes. Each licensed dining car

company, sleeping car company, and railroad car company shall keep a duplicate of the license

posted in each car where beverages are sold. The department shall issue duplicates of the license

from time to time upon the request of any licensed company upon the payment of the fee of one

dollar ($1.00).

     (e) In addition, the holder of the Class G license for a railroad company may serve

alcoholic beverages at retail aboard its trains or in its controlled station premises, to ticket holding

passengers, during the period sixty (60) minutes prior to the train's scheduled departure and until

that departure, provided that the local licensing board annually consents.

3-7-15. Class G license.

     (a) A Class G retailer's license shall be issued only to any dining car company, sleeping

car company, parlor car company, and railroad company operating in this state, or any company

operating passenger carrying marine vessels in this state, or any airline operating in this state,

and authorizes the holder of the license to keep for sale and to sell in its dining cars, sleeping

cars, buffet cars, club cars, lounge cars and any other cars used for the transportation or

accommodation of passengers, and in or on any passenger-carrying marine vessel, and in any

airplane, beverages for consumption therein or thereon, but only when actually en route.

     (b) In addition, the holder of the Class G license for a passenger-carrying marine vessel

may serve alcoholic beverages at retail aboard the vessel during the period thirty (30) minutes

prior to the scheduled departure and until departure, provided that the local licensing board

annually consents.

     (c) Each company or airline to which the license is issued shall pay to the department an

annual fee of two hundred fifty dollars ($250) for the license, and one dollar ($1.00) for each

duplicate of the license, which fees are paid into the state treasury.

     (d) The license expires one year from its date and is good throughout the state as a state

license, and only one license is required for all cars or airplanes, but a license issued to any

company or person operating passenger-carrying marine vessels in this state shall authorize the

sale of beverages only in the passenger-carrying marine vessel designated and no further license

shall be required or tax levied by any city or town for the privilege of selling beverages for

consumption in those cars or on those vessels or in those airplanes. Each licensed dining car

company, sleeping car company, and railroad car company shall keep a duplicate of the license

posted in each car where beverages are sold. The department shall issue duplicates of the license

from time to time upon the request of any licensed company upon the payment of the fee of one

dollar ($1.00).


 

 

 

14)

Section

Amend Chapter Numbers:

 

3-7-19

66,67,301,303,304,326,327, and 328

 

 

3-7-19. Objection by adjoining property owners -- Proximity to schools and churches.

     (a) Retailers' Class B, C, N and I licenses, and any license provided for in � 3-7-16.8 of

this chapter, shall not be issued to authorize the sale of beverages in any building where the

owner of the greater part of the land within two hundred feet (200') of any point of the building

files with the body or official having jurisdiction to grant licenses his or her objection to the

granting of the license, nor in any building within two hundred feet (200') of the premises of any

public, private, or parochial school or a place of public worship. In the city of East Providence,

retailer's Class A licenses shall not be issued to authorize the sale of beverages in any building

within five hundred feet (500') of the premises of any public, private, or parochial school, or a

place of public worship.

     (b) As used in this section, "private school" means any nonpublic institution of

elementary or secondary (K-12th grade) education, accredited or recognized as a private school

by the department of elementary and secondary education or the school committee of the city or

town having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was

issued prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an

objection to, or disapproval of, the transfer of a Class B or C license where the location of the

licensed establishment predates the location of the public, private, or parochial school, or place of

public worship.

     (d) (1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B, C, or I license intended to be located within the following

described area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence

River to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line

of Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden

Street to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102') to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9') along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet

(112') to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse

Street for a distance of ninety feet (90') to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within any zoning district in

the town of Warren which is designated as a limited business district or as a general business

district pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of

the Bristol tax assessors map as of December 31, 1999, including that portion of the public

sidewalk contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section

as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance

of the city of Newport, provided that the applicant be an existing holder of a Retailers' Class B

license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on lot 131 of tax assessors

plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer

Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed

retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city

of Cranston under this exemption, whether said transfer is attributable to the holder's death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13,

2003 and, in addition, those requirements applicable to anyone who desires to become a

transferee of a validly issued and outstanding Class B license designated for use in any location in

the state of Rhode Island. Neither the exemption granted herein nor any future exemption granted

hereafter shall be effective until the proposed Class B license and the underlying property owner

is certified to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following

described area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way,

then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to

the Central Falls line.

     (9) Notwithstanding the provisions of this section the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax

assessors plat 10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall

apply only to any renewal of any class B, C, or I license issued for use at the said premises

located on plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then

this exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of

the applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this

section a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181,

lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot

732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 105, lot 489, plat

105, lot 12 and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 37, lot 69 of the

applicable town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on Plat 11, lot 3558 of the

applicable city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any

Class B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax

assessors map as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of

the applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 43, lot

211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 1948-1950 Westminster

Street on plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer's Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown's tax assessor's maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the

applicable city of Providence tax assessor's map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV license intended to be located at 226 and 230 Dean

Street on plat 25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 219 Main Street on

map/lot 085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 137 Main Street on

map/lot 085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-

003-084; 74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241

Main Street on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street

on map/lot 085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town

of East Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on tax assessor's plat 10, lot 108, of

the Lincoln tax assessor's map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class C license intended to be located at 215 Dean Street on plat

28, lot 961 of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 100-102 Hope Street on

plat 16, lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 88 Broad Street on Lots

32, 51, and 52 of Plat 2 Cumberland tax assessor's map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 11 Lowell Avenue, 191

Pocasset Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax

assessor's map as of December 31, 2017.

   (35)(36) Notwithstanding the provisions of this section, the city council in the city of

Central Falls shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 1, of Lot 171 of the

applicable city of Central Falls tax assessment map.

  (35)(37) Notwithstanding the provisions of this section, the board of licenses in the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV and Class BX license intended to be located at 161

Douglas Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

   (35)(38) Notwithstanding the provisions of this section, the board of licenses in the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailers' Class B license intended to be located at 1007 Broad Street, Plat

53, Lot 192 of the applicable city of Providence tax assessment map and 1017 Broad street Street

Plat 53, Lot 582 of the applicable city of Providence tax assessment map.


 

15)

Section

Amend Chapter Numbers:

 

3-7-23

49 and 51

 

 

3-7-23. Closing hours for Class A licenses.

     The following closing hours shall be observed by all Class A license holders:

     (1) November 1 to May 31. No holder of a Class A license shall sell or deliver beverage

under that license between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m.

(local time), except on legal holiday eves at which time the closing hour shall be eleven o'clock

(11:00) p.m. In the city of Providence, no holder of a Class A license shall sell or deliver

beverages under that license between the hours of ten o'clock (10:00) p.m. and nine o'clock (9:00)

a.m. (local time), except on legal holiday eves at which time the closing hour shall be eleven

o'clock (11:00) p.m. In the city of Central Falls, no holder of a Class A license shall sell or deliver

beverages under that license between the hours of ten o'clock (10:00) p.m. and nine o'clock (9:00)

a.m. (local time. When a legal holiday is celebrated on a Monday, the preceding Saturday shall be

considered the holiday eve.

     (2) June 1 to October 31. No holder of a class A license shall sell or deliver beverages

under this license between the hours of eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m.

(local time). In the city cities of Providence and Central Falls, no holder of a Class A license shall

sell or deliver beverages under that license between the hours of eleven o'clock

(11:00) p.m. and nine o'clock (9:00) a.m. (local time).


 

16)

Section

Amend Chapter Numbers:

 

3-8-6

35 and 36

 

 

3-8-6. Unlawful drinking and misrepresentation by underage persons � Identification cards

for persons twenty-one and older.

     (a) It is unlawful for:

     (1) A person who has not reached his or her twenty-first (21st) birthday to enter any

premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or

having served or delivered to him or her alcoholic beverages; or

     (2) A person who has not reached his or her twenty-first (21st) birthday to consume any

alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase,

attempt to purchase, or have another purchase for him or her any alcoholic beverage; or

     (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or

to misrepresent his or her age through the presentation of any of the following documents:

     (i) An armed service identification card, valid passport, the identification card license, or

any other documentation used for identification purposes that may belong to any other person

who is twenty-one (21) years or older;

     (ii) A motor vehicle operator's license which that bears the date of birth of the licensee,

and which that is issued by this state or any other state;

     (iii) A Rhode Island identification card, as defined in subsection (b), for the purpose of

inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic

beverage to a minor.

     (b) (1) The administrator of the division of motor vehicles shall issue to any person who

has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon

payment of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or

baptismal certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid

immigrant or refugee document issued by the United States immigration and naturalization

service United States Citizenship and Immigration Services including, but not limited to, any

one of the following: Form I-551, Form I-94, Form I-688A, and Form I-688, and a form

evidencing that the applicant is a current or past recipient of a grant of deferred action under the

Deferred Action for Childhood Arrivals program, together with a document bearing the

applicant's signature.

     (2) A person who has reached his or her fifty-ninth (59th) birthday is not required to pay

the fee.

     (3) Each registration card shall be subject to renewal every five (5) years upon payment

of a fee of twenty-five dollars ($25).

     (4) No person who holds an operator's license issued by this state or any other state shall

be issued a Rhode Island identification card.

     (5) The identification card shall be signed by the administrator of the division of motor

vehicles and by the applicant and his or her picture shall appear on the card along with the

required information and the card shall be encased in laminated plastic. The card shall be two

inches (2") in height and four inches (4") in length and shall be printed in the following form:

RHODE ISLAND IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht. Wt.

���� ���� �� �� ��

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (6) The identification cards shall be produced at the adult correctional institutions if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all

cards shall be manufactured by the lowest responsible bidder following advertisement for the

solicitation of bids.

     (7) The identification cards shall be clearly distinguishable from those issued pursuant to

� 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (8) Any person who has been designated as permanently and totally disabled by the social

security administration or who upon certification by an optometrist, ophthalmologist, or physician

that a holder of a valid and current motor vehicle operator's license is no longer able to operate a

motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon

request, a Rhode Island identification card for the unexpired term of such the person's motor

vehicle operator's license at no additional cost. Thereafter, a renewal of such card shall be subject

to the standard renewal charge of twenty-five dollars ($25) until such the person shall reach his or

her fifty-ninth (59th) birthday.

     (9) The administrator of the division of motor vehicles shall, upon presentation of a

United States Department of Defense (DD) FORM 214 or other acceptable documentation of

military service and verification of an honorable discharge, issue an identification card to the

presenter which that is clearly marked "veteran", at no additional cost.

     (c) (1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or

photographic reproduction equipment which that provides the same information as required by

the book. That licensee and/or the licensee's employee shall require any person who has shown a

document as set forth in this section substantiating his or her age to sign that book or to permit the

taking of his or her photograph and indicate what document was presented. Use of the

photographic reproduction equipment is voluntary for every Class A, B, C and D licensee.

     (2) The sign-in-as-minor book and photographic reproduction equipment shall be

prescribed, published, and approved at the direction and control of the division. The book shall

contain at least four hundred (400) pages,; shall be uniform throughout the state,; and shall be

distributed at a cost not to exceed seven dollars ($7.00).

     (3) If a person whose age is in question signs the sign-in-as-minor book or has a

photograph taken before he or she is sold any alcoholic beverage and it is later determined that

the person had not reached his or her twenty-first (21st) birthday at the time of sale, it is

considered prima facie evidence that the licensee and/or the licensee's agent or servant acted in

good faith in selling any alcoholic beverage to the person producing the document as set forth in

this section misrepresenting his or her age.

     (4) Proof of good-faith reliance on any misrepresentation is a defense to the prosecution

of the licensee and/or the licensee's agent or servant for an alleged violation of this section.

     (d) (1) Any person who violates this section shall be punished for the first offense by a

mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars

($500) and shall be further punished by thirty (30) hours of community service and shall be

further punished by a suspension of his or her motor vehicle operator's license or driving

privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less

than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be

further punished by forty (40) hours of community service and will be further punished by a

suspension of his or her motor vehicle operator's license or driving privileges for a period of three

(3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not

less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall

be further punished by fifty (50) hours of community service and will be further punished by a

suspension of his or her motor vehicle operator's license or driving privileges for a period of one

year.

     (2) Any suspension of an operator's license or driving privilege pursuant to this section

shall not operate to affect the insurance rating of the offender and any operator's license or

driving privilege suspended pursuant to this section shall be reinstated without further expense

upon application.

     (e) Within thirty (30) days after this incident the police chief of the city or town where

the incident took place is directed to inform, in writing, the department of business regulation

whether or not charges in accordance with this section have been preferred against a person who

has not reached his or her twenty-first (21st) birthday and has violated this section. If no charge is

brought against any person who has not reached his or her twenty-first (21st) birthday and has

violated the provisions of this section, then the police chief of the city or town where the incident

took place will state the reason for his or her failure to charge the person who has not reached his

or her twenty-first (21st) birthday.

     (f) The Rhode Island identification card may be withdrawn at any time for just cause, at

the discretion of the administrator of the division of motor vehicles. The administrator of the

division of motor vehicles shall keep a record of the cards issued and each card shall contain an

identification number specifically assigned to the person to whom the card was issued.

     (g) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals, (DACA)

program shall not confer the right to vote in the state of Rhode Island.


 

17)

Section

Amend Chapter Numbers

 

3-8-6.1

35 and 36

 

 

3-8-6.1. Identification cards for persons under the age of 21.

     (a) (1) The administrator of the division of motor vehicles shall issue to any person upon

request, who is under twenty-one (21) years of age, an identification card upon payment of a fee

of twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate,

or U.S. or foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee

document issued by the United States immigration and naturalization service Citizenship and

Immigration Services including, but not limited to, any one of the following: Form I-551, Form

I-94, Form I-688A, and Form I-688, and a form evidencing that the applicant is a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals program,

together with a document bearing the applicant's signature. No person who holds an operator's

license, issued by this state or any other state, shall be issued an identification card.

     (2) The identification card shall be subject to renewal every five (5) years upon the

payment of a fee of twenty-five dollars ($25.00).

     (3) The identification card shall be signed by the administrator of the division of motor

vehicles and also by the applicant, and his or her picture shall appear on the card along with the

required information and the card shall be encased in laminated plastic. The card shall be two

inches (2") in height and four inches (4") in length and shall be printed in the following form:

IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht. Wt.

���� ���� �� �� ��

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (4) The identification cards shall be produced at the adult correctional institution if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all

cards shall be manufactured by the lowest responsible bidder following advertisement for the

solicitation of bids.

     (5) The identification cards shall be clearly distinguishable from those issued pursuant to

� 3-8-6 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (b) The identification card may be withdrawn at any time for just cause, at the discretion

of the administrator of the division of motor vehicles. The administrator of the division of motor

vehicles shall keep a record of the cards issued and each card shall contain an identification

number specifically assigned to the person to whom the card was issued.

     (c) The administrator of the division of motor vehicles shall, upon presentation of a

United States Department of Defense (DD) FORM 214 or other acceptable documentation of

military service and verification of an honorable discharge, issue an identification card to the

presenter which that is clearly marked "veteran", at no additional cost.

     (d) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals, (DACA)

program shall not confer the right to vote in the state of Rhode Island.


 

18)

Section

Amend Chapter Numbers:

 

4-1-2

177 and 200

 

 

4-1-2. Overwork, mistreatment, or failure to feed animals -- Shelter defined.

     (a) Whoever overdrives, overloads, drives when overloaded, overworks, tortures,

torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or

procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured,

tormented, deprived of necessary sustenance, cruelly beaten, or mutilated, any animal, and

whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts

cruelty upon that animal, or willfully fails to provide that animal with proper food, drink, shelter,

or protection from the weather, shall, for each offense, be imprisoned not exceeding eleven (11)

months, or be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500),

or both. If the offense described in this section results in the death of the animal, the person shall

be punished in the manner provided in � 4-1-5.

     (b) Any person who has been previously convicted of an offense provided for in chapter

1 of title 4 shall, upon conviction of a second or subsequent violation within a ten-(10) year (10)

period, be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred

dollars ($500) and not exceeding five thousand dollars ($5,000), or both. In addition, every

person convicted under chapter 1 of title 4 of a second or subsequent offense shall be required to

serve one hundred (100) hours of community restitution. The community restitution penalty shall

not be suspended or deferred and is mandatory.

     (b)(c) Every owner, possessor, or person having charge of any animal may, upon

conviction of a violation of this section, be ordered to forfeit all rights to ownership of the animal

to the animal-control officer of the city or town in which the offense occurred or to a humane

society that owns and operates the shelter that provided the subject animal shelter subsequent to

any confiscation of said that animal pursuant to this section.

     (c)(d) Shelter means a structure used to house any animal that will provide sufficient

protection from inclement elements for the health and well being of the animal.


 

 

 

 

 

19)

Section

Amend Chapter Numbers:

 

4-13-1.2

118 and 198

 

 

4-13-1.2. Definitions.

     (1) "Adequate shelter" means the provision of and access to shelter that is suitable for the

species, age, condition, size, and type of each dog; provides sufficient space for the dog to

maintain comfortable rest, normal posture, and range of movement; and is safe to protect each

dog from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold,

physical suffering, and impairment of health. Shelters with wire grid or slat floors which that

permit the dog's feet to pass through the openings, sag under the dog's weight, or otherwise do not

protect the dog's feet from injury, are not considered adequate shelter.

     (1)(2) "Board" means the rabies control board.

     (2)(3) "Department" means the department of environmental management or its

successor.

     (3)(4) "Director" means the director of the department of environmental management (or

its successor), or his or her designee.

     (4)(5) "Division" means the division of agriculture.

     (5)(6) "Guardian" means a person(s) having the same rights and responsibilities as an

owner or keeper, and the terms may be used interchangeably. A guardian shall also mean a person

who possesses, has title to or an interest in, harbors or has control, custody, or possession of an

animal and who is responsible for an animal's safety and well-being.

     (6)(7) "Livestock" means domesticated animals which that are commonly held in

moderate contact with humans which include, but are not limited to, cattle, bison, equines, sheep,

goats, llamas, and swine.

     (7)(8) "Owner or keeper" means any person or agency keeping, harboring, or having

charge or control of or responsibility for control of an animal or any person or agency which that

permits any dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or

premises. This term shall not apply to veterinary facilities, any licensed boarding kennel,

municipal pound, pet shop, or animal shelter.

     (8)(9) "Person" means an individual, firm, joint stock company, partnership, association,

private or municipal corporation, trust, estate, state, commission, political subdivision, any

interstate body, the federal government or any agency or subdivision of the federal government,

other government entity, or other legal entity.

     (9)(10) "Pets" means domesticated animals kept in close contact with humans, which

include, but may not be limited to, dogs, cats, ferrets, equines, llamas, goats, sheep, and swine.

     (10)(11) "Quarantine" means the removal, isolation, the close confinement, or related

measures of an animal under conditions and for time periods that are set by regulation of the

board.

     (11)(12) "Tether" means the practice of fastening a dog to a stationary object or stake by

a chain, rope, or other tethering device as a means of keeping the dog under control. A dog being

walked on a leash is not tethered.


 

20)

Section

Amend Chapter Numbers:

 

4-13-42

118 and 198

 

 

4-13-42. Care of dogs.

     (a) It shall be a violation of this section for an owner or keeper to:

     (1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an

area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6') radius at

ground level.

     (2) Tether a dog with a choke-type collar, head collar, or prong-type collar. The weight of

any chain or tether shall not exceed one-eighth (1/8) of the dog's total body weight.

     (3) Keep any dog tethered for more than ten (10) hours during a twenty-four- (24) hour

(24) period or keep any dog confined in an area or primary enclosure a pen, cage, or other shelter

for more than fourteen (14) hours during any twenty-four- (24) hour (24) period, and more than

ten (10) hours during a twenty-four- (24) hour (24) period, if the area is not greater than that

which is required under the most recently adopted version of the department of environmental

management's rules and regulations governing animal care facilities.

     (4) Tether a dog anytime from the hours of ten o'clock p.m. (10:00 p.m.) to six o'clock

a.m. (6:00 a.m.), except for a maximum of fifteen (15) minutes.

     (4)(5) Keep any dog outside, either tethered, penned, caged, fenced, or otherwise

confined, without access to an outdoor housing facility when the ambient temperature is beyond

the industry standard for the weather safety scale as set forth in the most recent adopted version

of the Tufts Animal Care and Condition Weather Safety Scale (TACC) if the dog is showing

signs of poor health due to the weather conditions.

     (b) It shall be a violation of this section for an owner or keeper to fail to provide a dog

with adequate feed, adequate water, or adequate veterinary care as those terms are defined in � 4-

19-2; provided however, that adequate veterinary care may be provided by an owner using

acceptable animal husbandry practices.

     (c) Any person in violation of this section shall be given a warning for a first violation.

Second and subsequent violations of this subsection can be considered a violation of � 4-1-2.

Each day of violation shall constitute a separate offense. Exposing any dog to adverse weather

conditions strictly for the purpose of conditioning shall be prohibited.

     (d) The provisions of this section, as they relate to the duration and timeframe of

tethering or confinement, shall not apply:

     (1) If the tethering or confinement is authorized for medical reasons in writing by a

veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is

provided;

     (2) If tethering or confinement is authorized in writing by an animal control officer, or

duly sworn police officer assigned to the animal control division, for the purposes, including, but

not limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must

be renewed annually. Such The written authorization issued by an animal control officer or duly

sworn police officer assigned to the animal control division in the political subdivision of the

state where the dogs are kept shall be considered valid in every other political subdivision of the

state. Such The written authorization issued by an animal control officer or duly sworn police

officer assigned to the animal control division in the political subdivision of the state where the

dogs are kept is revocable by that animal control officer or police officer if there are any

conditions present that warrant revocation. Such The conditions include, but are not limited to,

changes in the number or type of dogs, changes in the facility structure or safety, and changes in

the health of the dog;

     (3) To a training facility, grooming facility, commercial boarding kennel, pet shop

licensed in accordance with chapter 19 of this title, animal shelter, municipal pound, To any

entity licensed by the state pursuant to chapter 19 of title 4, or any veterinary facility; or

     (4) To licensed hunters, field trial participants, or any person raising or training a gun dog

or hunting dog, provided that the licensed hunter or field trial hunt test participant is actively

engaged in hunting, training, or field trial hunt testing or is transporting the dog to or from an

event;

     (5) To livestock farmers who use their dogs to protect their livestock from predators;

     (6) To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. �

2133) that are temporarily in the state, if authorized by the department of environmental

management (DEM)or

     (7) To sled dog owners who are actively training their dogs to pull sleds in winter

conditions.

     (e) Any person in violation of this section shall be imprisoned not exceeding eleven (11)

months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or

both. Each day of violation shall constitute a separate offense.

     (f) General agents or special agents of the Rhode Island Society for the Prevention of

Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in

cooperation with animal control officers and the department of environmental management

(DEM).


 

21)

Section

Add Chapter Numbers:

 

4-13-44

161 and 267

 

 

4-13-44. Minimum maturity level for sale of dogs.

     (a) Except as otherwise authorized under any other provision of law, it shall be a crime,

punishable as specified in subsection (c) of this section, for any person to sell or transfer (as

further described within subsection (b) of this section) one or more dogs that are not fully

weaned, unless, prior to any physical transfer of the dog or dogs from the seller/transferor to the

purchaser/transferee, the dog or dogs are approved for sale, as evidenced by written

documentation from a veterinarian licensed to practice in Rhode Island.

     (b) For the purposes of this section, the sale or transfer of a dog or dogs shall not be

considered complete, and thereby subject to the requirements and penalties of this section, unless

and until the seller/transferor physically transfers the dog or dogs to the purchaser/transferee.

     (c) Any person who violates this section shall be subject to imprisonment not to exceed

twelve (12) months or a fine not to exceed one thousand dollars ($1,000), or both.

     (d) With respect to the sale of two (2) or more dogs in violation of this section, each dog

unlawfully sold or transferred shall represent a separate offense.

     (e) This section shall not apply in instances where the following types of organizations

place a dog into �foster care� pursuant to their respective current practices of operation:

     (1) An organization, as defined in Section 501(c)(3) of the Internal Revenue Code, or

animal shelter, as defined in � 4-19-2; and

     (2) A pound or dog pound as defined in � 4-19-2.


 

22)

Section

Amend Chapter Numbers:

 

4-19-2

81 and 91

 

 

4-19-2. Definitions.

     As used in this chapter, chapter 13 of this title, and the regulations promulgated under

this chapter:

     (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

     (2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent

the animal from experiencing unnecessary or unjustified physical pain or suffering.

     (3) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

     (4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for an animal from a releasing agency that is properly licensed or registered by the

department.

     (5) "Adopting party" means any person who enters into a contract acquiring an animal

from a releasing agency that is properly licensed or registered by the department.

     (6) "Ambient temperature" means the temperature surrounding the animal.

     (7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

     (8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar

facility, that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

     (9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society,

animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

     (10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs

and/or cats for the purpose of improving and enhancing a breed recognized and registered by the

American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale

at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

     (11) "Broker" means any third party who arranges, delivers, or otherwise facilitates

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

     (12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds

animals for the purpose of selling or donating to another dealer or pet shop or research facility.

     (13) "Director" means the director of environmental management of the state of Rhode

Island.

     (14) "Dog officer" or "animal-control officer" means any person employed, contracted, or

appointed by the state, or any political subdivision of the state, for the purpose of aiding in the

enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats,

or other animals; the control of dogs, cats or other animals; or the seizure and impoundment of

dogs, cats, or other animals and includes any state or municipal peace officer, animal-control

officer, sheriff, constable, or other employee whose duties, in whole or in part, include

assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

     (15) "Euthanasia" means the humane destruction of an animal accomplished by a method

that involves instantaneous unconsciousness and immediate death or by a method that involves

anesthesia, produced by an agent that causes painless loss of consciousness and death during that

loss of consciousness.

     (16) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses; has title to or an interest in; harbors or has control, custody, or possession of an animal

and who is responsible for an animal's safety and well-being.

     (17) "Hobby breeder" means those persons whose regular occupation is not the breeding

and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not

exceed the limits set forth in � 4-25-1(4). Any person who sells at retail a number in excess of the

limits in the aforementioned section shall be considered a breeder.

     (18) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

     (19) "Kennel" means a place or establishment, other than a pound, animal shelter, or

veterinary hospital that is housing animals during their treatment, where animals not owned by

the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to

the sheltering, feeding, and watering, in return for a fee, in a residential setting, of no more than

four (4) animals, not owned by the proprietor, subject to any applicable municipal ordinances,

that may be more restrictive.

     (20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound,

animal-control officer, or broker that is required to be licensed or registered with the director

pursuant to the provisions of this chapter and is so licensed or registered.

     (21) "Neuter" means to surgically render a male dog or cat unable to reproduce.

     (22) "Person" means any individual, partnership, firm, joint stock company, corporation,

association, trust, estate, or other legal entity.

     (23) "Pet shop" means a temporary or permanent establishment where animals are

bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in � 4-25-1(4).

     (24) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under

a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

     (25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal

that will have the intended purpose or effect of containment of that animal or that will effectively

restrict the liberty of the animal.

     (26) "Public auction" means any place or location where dogs or cats are sold at auction

to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a

group, or by weight.

     (27) "Research facility" means any place, laboratory, or institution at which scientific

tests, investigations, or experiments, involving the use of living animals, are carried out,

conducted, or attempted.

     (28) "Sanitize" means to make physically clean and to remove and destroy, to a practical

minimum, agents injurious to health.

     (29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances,

the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

     (30) "Spay" means to surgically render a female dog or cat unable to reproduce.

     (31) "State veterinarian" means a licensed veterinarian from the department of

environmental management.


 

 

23)

Section

Amend Chapter Numbers:

 

4-19-6

81 and 91

 

 

4-19-6. Public auction and kennel licenses.

     (a) No person shall operate a public auction or a kennel, as defined in this chapter, unless

a license to operate that establishment has been granted by the director. Application for the

license shall be made in the manner provided by the director. The license period is the fiscal year

and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning

with the first day of the fiscal year.

     (b) This section shall not be interpreted to interfere in any manner with the issuing of a

public auction or kennel license by any city or town, nor any fee charged by any city or town. No

license shall be issued by the director except for those premises as shall be designated by the

respective city or town council.

     (c) Pursuant to � 4-19-2(19), any person who provides the sheltering, feeding, and

watering in return for a fee in a residential setting, of no more than four (4) animals, not owned

by the proprietor is:

     (1) Exempt under this chapter from licensure as a kennel; and

     (2) Subject to inspection by an authorized agent of the department, upon the department

of environmental management (hereinafter "the department") receiving a written complaint

against the person. Only complaints related to animal care, animal health, and animal welfare

may initiate an inspection. Any inspection that is conducted by the department shall be conducted

during the hours of eight o'clock a.m. (8:00 a.m.) through five o'clock p.m. (5:00 p.m.), unless the

person who is the subject of the complaint agrees to an inspection at another time; and

     (3) Required to be compliant with the department's rules and regulations governing

animal care facilities (RICR 250-RICR-40-05-4) �� 4.7 and 4.8.A.l through 8 (excluding the

sanitation log requirements of 4.8.A.3). Any inspection conducted by an authorized agent of the

department shall be limited to the aforementioned sections and shall be limited to areas where

animals being cared for have access. Any violations of these sections are punishable in

accordance with � 4.12 of the rules and regulations governing animal care facilities and any

appeal for any enforcement action shall be made in accordance with � 4.11.B of those rules and

regulations; and

     (4) Any person who is subject to inspection, pursuant to the conditions set forth in

subsection � 4-19-6(c)(2), but who denies access to authorized inspectors from the department, is

subject to a civil fine of three hundred fifty dollars ($350). Each day that access is denied

constitutes a separate punishable offense.


 

 

24)

Section

Add Chapter Numbers:

 

4-27

147 and 283

 

 

CHAPTER 27

RETIREMENT OF RESEARCH DOGS AND CATS


 

 

25)

Section

Add Chapter Numbers:

 

4-27-1

147 and 283

 

 

4-27-1. Short title.

     This act shall be known and may be cited as the "Research Animal Retirement Act."


 

26)

Section

Add Chapter Numbers:

 

4-27-2

147 and 283

 

 

4-27-2. Research dogs and cats -- Retirement.

     (a) A higher education research facility that receives public money, including tax-exempt

status, or a facility that provides research in collaboration with a higher education facility shall,

after the completion of any testing or research involving a dog or cat, assess the health of the dog

or cat and determine whether it is suitable for adoption. Such The facility shall thereafter make

reasonable efforts to offer for adoption the dog or cat determined to be suitable for adoption,

either through private placement or through an animal rescue and shelter organization,; a duly

incorporated society for the prevention of cruelty to animals,; a duly incorporated humane

society,; or a duly incorporated animal protective association that operates physical animal

sheltering facilities and offers household pets to the public for adoption by way of an established

adoption program. These efforts shall be made prior to euthanizing such the dog or cat. Nothing

in this section shall create a duty upon such an organization, association, or society to accept a

dog or cat offered by a higher education research facility for adoption.

     (b) A facility that is required to offer dogs or cats for adoption under this section may

enter into an agreement with an animal rescue and shelter organization,; a duly incorporated

society for the prevention of cruelty to animals,; a duly incorporated humane society,; or a duly

incorporated animal protective association that operates physical animal sheltering facilities and

offers household pets to the public for adoption by way of an established adoption program.

     (c) The attending or institutional veterinarian at a facility that is required to offer dogs or

cats for adoption under this section shall have the authority to assess the health of an animal and

determine whether an animal is suitable for adoption.


 

 

27)

Section

Amend Chapter Numbers:

 

5-8.1-9

11 and 23

 

 

5-8.1-9. Board of registration for professional land surveyors -- Application and

qualification for registration.

     (a) (1) Application for registration as a professional land surveyor or certification as a

surveyor-in-training shall be made, in writing, on a form prescribed and furnished by the board of

land surveyors board of registration for professional land surveyors. The application shall:

     (i) Contain statements made under oath;

     (ii) Show the applicant's education;

     (iii) Contain a detailed summary of the applicant's technical and professional experience;

and

     (iv) Designate references as described in this section.

     (b) The fee established in � 5-8.1-11 must accompany each application. Failure to include

this fee will result in the application being returned to the applicant without consideration by the

board.

     (c) To be eligible for registration as a professional land surveyor, an applicant must be of

good character and reputation. Additionally, the applicant must submit five (5) references with

his or her application, three (3) of which are from registered professional land surveyors having

personal knowledge of his or her land surveying experience. No person seeking his or her initial

registration as a professional land surveyor shall be granted the certificate without first

completing a surveyor-in-training program as prescribed and approved by the board and pass

passing an examination in the fundamentals of land surveying. Upon passing that examination,

the applicant is granted a surveyor-in-training certificate in this state.

     (d) To be eligible for certification as a surveyor-in-training, an applicant must be of good

character and reputation substantiated by an interview with a quorum of the board of registration

board of registration of professional land surveyors and additionally must submit three (3)

character references one of which must be from a professional land surveyor.

     (e) One of the following shall be considered as minimum evidence to the board that the

applicant is qualified for registration as a professional land surveyor or for certification as a land-

surveyor-in training, respectively:

     (i) Graduation from a four-(4) year (4) survey degree program, experience and

examination. A graduate of a four-(4) year (4) survey degree program may be admitted to an

examination in the fundamentals of land surveying. Upon passing that examination the applicant

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

certificate the applicant will need a specific record of a minimum four (4) years of experience in

land surveying. This verified experience shall be under the direct supervision of a registered

professional land surveyor, satisfactory to the board, and shall be broken down as follows.: At a

minimum, twenty percent (20%) shall be field experience,; twenty percent (20%) shall be

research, deed evidence, reconciliation, etc.; and twenty percent (20%) shall be property line

calculations and determination. Once the experience has been deemed satisfactory to the board,

the applicant may be admitted to an examination in the principles and practice of land surveying

plus an additional Rhode Island legal portion. Upon passing that examination, the applicant is

granted a certificate of registration to practice land surveying in this state, provided the applicant

is qualified.

     (ii) Graduation from a four-(4) year (4) degree program, experience and examination. A

graduate of a four-(4) year (4) degree program applicant who has also fulfilled the four (4) year

core curriculum (see paragraph (iii) below subsection (h) of this sectionmay be admitted to an

examination in the fundamentals of land surveying. Upon passing that examination the applicant

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

certificate the applicant will need a specific record of a minimum five (5) years of experience in

land surveying. This verified experience shall be under the direct supervision of a registered

professional land surveyor, satisfactory to the board, and shall be broken down as follows: At a

minimum, twenty percent (20%) shall be field experience; twenty percent (20%) shall be

research, deed evidence, reconciliation, etc.; and twenty percent (20%) shall be property line

calculations and determination. Once the experience has been deemed satisfactory to the board,

the applicant may be admitted to an examination in the principles and practice of land surveying

plus an additional Rhode Island legal portion. Upon passing that examination, the applicant is

granted a certificate of registration to practice land surveying in this state, provided the applicant

is qualified.

     (iii) Four (4) year core curriculum. An applicant with a four (4) year degree as described

in paragraph (ii) above may need to take additional courses to fulfill, at a minimum, the following

core curriculum. For the following list of classes any equivalent class may be taken and any

survey related course may be substituted upon approval of the board:

     (A) Surveying I (3 credit hours), Surveying II (3 credit hours).

     (B) GPS & Geodetic control (3 credit hours).

     (C) Photogrammetry and remote sensing (3 credit hours).

     (D) Boundary adjustment computations (3 credit hours).

     (E) Land development/planning (3 credit hours).

     (F) Geographic/land information systems (3 credit hours).

     (G) Physics I with lab (4 credit hours).

     (H) Calculus I (4 credit hours), Calculus II (4 credit hours).

     (I) Statistical analysis (3 credit hours).

     (J) Law (12 credit hours): boundary law, law of contracts, law of property, estates &

trusts, professional ethics.

     (K) Business (9 credit hours): Quantitative business analysis I, business administration,

small business management, micro economics.

     (L) Science (9 credit hours): geology, astronomy, soils, dendrology, chemistry, biology,

ecology.

     (M) Computer usage (12 credit hours): introduction to computers, computer science,

computer programming, AutoCAD basics, AutoCAD advanced.

     (N) English composition (3 credit hours).

     (O) Advanced communication (6 credit hours): technical writing, creative writing or

speech.

     (iv)(iii) Graduation from a two-(2) year (2) survey degree program, experience, and

examination. A graduate of a two-(2) year (2) survey degree program may be admitted to an

examination in the fundamentals of land surveying. Upon passing that examination the applicant

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

certificate the applicant will need a specific record of a minimum six (6) five (5) years of verified

experience in land surveying. (Four (4) of the years of experience shall be after receiving a

surveyor-in-training certificate). All six (6) five (5) years of experience shall be under the direct

supervision of a registered professional land surveyor, satisfactory to the board, and shall be

broken down as follows: At a minimum, twenty percent (20%) shall be field experience,; twenty

percent (20%) shall be research, deed evidence, reconciliation, etc.; and twenty percent (20%)

shall be property line calculations and determination. Once the experience has been deemed

satisfactory to the board, the applicant may be admitted to an examination in the principles and

practice of land surveying plus an additional Rhode Island legal portion. Upon passing that

examination, the applicant is granted a certificate of registration to practice land surveying in this

state, provided the applicant is qualified.

     (v)(iv) Graduation from a two-(2) year (2) degree program, experience, and examination.

A graduate of a two-(2) year (2) degree program applicant who has also fulfilled the two (2) year

core curriculum (see paragraph (vi) below subsection (h) of this sectionmay be admitted to an

examination in the fundamentals of land surveying. Upon passing that examination the applicant

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

certificate the applicant will need a specific record of a minimum seven (7) five (5) years of

verified experience in land surveying. (Four (4) of the years of experience shall be after receiving

a surveyor-in-training certificate). All seven (7) five (5) years of experience shall be under the

direct supervision of a registered professional land surveyor, satisfactory to the board, and shall

be broken down as follows: At a minimum, twenty percent (20%) shall be field experience;

twenty percent (20%) shall be research, deed evidence, reconciliation, etc.; and twenty percent

(20%) shall be property line calculations and determination. Once the experience has been

deemed satisfactory to the board, the applicant may be admitted to an examination in the

principles and practice of land surveying plus an additional Rhode Island legal portion. Upon

passing that examination, the applicant is granted a certificate of registration to practice land

surveying in this state, provided the applicant is qualified.

     (vi) Two (2) year core curriculum. An applicant with a two (2) year degree as described

in paragraph (v) above may need to take additional courses to fulfill, at a minimum, the following

core curriculum. For the following list of classes any equivalent class may be taken and any

survey related course may be substituted upon approval of the board:

     (A) Surveying I (3 credit hours), Surveying II (3 credit hours).

     (B) Mathematics (12 credit hours): advanced algebra, analytical trigonometry, analytical

geometry, spherical trigonometry, statistical analysis or quantitative business analysis I,

Analytical trigonometry and analytical geometry are mandatory classes to fulfill the (12 credit

hours).

     (C) Business and law (6 credit hours): legal principles, business administration, law of

contracts, law of property, estates & trusts, professional ethics.

     (D) Science (6 credit hours): physics, geology, astronomy, soils, dendrology, chemistry,

biology, ecology.

     (E) Computer usage (6 credit hours): introduction to computers, computer science,

computer programming, AutoCAD basics, AutoCAD advanced.

     (F) English composition (3 credit hours).

     (G) Advanced communication (6 credit hours): technical writing, creative writing or

speech.

     (vii) Graduation from a two (2) year program, experience and examination. Any person

obtaining a minimum of five (5) years experience under the supervision of a registered

professional land surveyor, and is satisfactory to the board, may be admitted to an examination in

the fundamentals of land surveying. Upon passing that examination the applicant is granted a

surveyor-in-training certificate (LSIT), in this state provided the applicant is qualified. Upon

obtaining a specific record of a minimum of an additional five (5) years of experience of

combined office and field experience satisfactory to the board in land surveying, which

experience was under the direct supervision of a registered professional land surveyor, and which

experience indicates to the board that the applicant may be competent to practice land surveying,

and the person is a graduate of a land surveying or related curriculum of satisfactory standing, of

two (2) years or more approved by the board, who has obtained an associates degree in land

surveying or related curriculum, the applicant may be submitted to an examination in the

principles and practice of land surveying plus an additional Rhode Island legal portion. Upon

passing that examination, the applicant is granted a certificate of registration to practice land

surveying in this state, provided the applicant is qualified. This subsection expires at midnight,

December 31, 2009.

     (viii) In certain instances in which an applicant presents an experience of unusually high

quality, the board, at its complete discretion, may allow an applicant, having acquired six (6)

verified years of active office and field experience in land surveying, which experience has been

under the direct supervision of a professional land surveyor, to be admitted to an examination in

the fundamentals of land surveying. Upon passing those examinations, the applicant is granted a

surveyor-in-training certificate in the state. This subsection does not exempt the applicant from

the required degree or the experience after obtaining the surveyor-in-training certificate (LSIT).

     (v) Experience, and examination. An applicant that who has recorded a minimum of

seven (7) years verified experience and who has also fulfilled the core curriculum (see subsection

(h) of this section) will need a specific record of a minimum of seven (7) years of verified

experience in land surveying. All seven (7) years of experience shall be under the direct

supervision of a registered professional land surveyor, satisfactory to the board, and shall be

broken down as follows: At a minimum, twenty percent (20%) shall be field experience; twenty

percent (20%) shall be research, deed evidence, reconciliation, etc.; and twenty percent (20%)

shall be property line calculations and determination. Once the experience has been deemed

satisfactory to the board, the applicant may be admitted to an examination in the principles and

practice of land surveying plus an additional Rhode Island legal portion. Upon passing that

examination, the applicant is granted a certificate of registration to practice land surveying in this

state, provided the applicant is qualified .

     (ix)(vi) Surveying teaching. Teaching of advanced land surveying subjects in a college or

university offering an approved land surveying curriculum may be considered as land surveying

experience satisfactory to the board.

     (x)(vii) Registration by comity or endorsement. A person holding a current certificate of

registration to engage in the practice of land surveying issued to him or her by a proper authority

of a state, territory, or possession of the United States, or the District of Columbia must have, at

the time they were licensed, met the existing Rhode Island requirements for licensure. All

applicants applying under this section must have passed the written examinations in the

fundamentals of land surveying and the principles and practice of land surveying. If, based upon

verified evidence and the opinion of the board, the applicant meets all appropriate requirements

of this section, the applicant will be allowed to take the Rhode Island legal portion. Upon passing

this examination, the applicant shall be granted a certificate of registration to practice land

surveying in this state, provided the applicant is qualified.

     (f) The passing grade on all examinations offered by the land surveyors is not less than

seventy percent (70%). An applicant failing any examination may apply for re-examination upon

payment of the appropriate fees. An applicant who scores less than fifty percent (50%) on any

examination may not apply for re-examination for at least one year.

     (g) An applicant who fails any of the exams three (3) times shall be interviewed by the

board, before any further application can be acted upon. It is the applicant's responsibility to show

the board that he or she will be successful if allowed to take the exam again. If, in the board's

opinion, the applicant can not cannot satisfactorily demonstrate that he or she is qualified to re-

take the exam, the board may require that the applicant acquire additional knowledge, education,

and/or experience, satisfactory to the board before the applicant may sit for another exam.

     (h) Core curriculum. An applicant with a four-(4) year (4) degree as described in

subsection (e)(ii) of this section, a two-(2) year (2) degree as described in subsection (e)(iv) of

this section, or experience as described in subsection (e)(v) of this section may need to take

additional courses to fulfill, at a minimum, the following core curriculum. For the following list

of classes, any equivalent class may be taken and any survey-related course may be substituted

upon approval of the board:

     (1) Surveying (six (6) credit hours). Surveying I or equivalent, Surveying II or equivalent.

Courses must cover topics of GPS & Geodetic geodetic control and boundary adjustment

computations.

     (2) Mathematics (nine (9) credit hours). Qualifying courses: Algebra, Trigonometry, Pre-

calculus trigonometry, pre-calculus, or higher.

      (3) Business and law (six (6) credit hours). Qualifying courses: boundary law, contract

law, property law, trusts and estates, professional ethics, quantitative business analysis I, business

administration, small business management, micro economics, accounting principles, or related

courses.

     (4) Science (nine (9) credit hours). Qualifying courses: physics, geology, astronomy,

soils, dendrology, chemistry, biology, or ecology.

     (5) Computer Usage usage (three (3) credit hours). Qualifying courses: introduction to

computer, computer science, computer programing, AutoCad basics, AutoCAD advantage,

geographic/land information systems, introduction to spreadsheets, or word processing.

     (6) English composition, English composition II, technical writing, creative writing, or

speech (six (6) credit hours).


 

28)

Section

Repealed Chapter Numbers:

 

5-10-16

176 and 289

 

 

5-10-16. [Repealed.]


 

29)

Section

Amend Chapter Numbers:

 

5-11-1.1

80 and 94

 

 

5-11-1.1. "Hawkers", "peddlers", and "door-to-door salespersons" defined -- Authority

to issue rules and regulations.

     (a) For purposes of this chapter:

     (1) "Door-to-door salespersons" means persons who deliver goods, wares, or

merchandise to customers for which payment has already been made or is to be made at the time

of delivery;

     (2) "Hawker" means any person selling or offering for sale any goods, wares, or

merchandise, including any food or beverage, on any public street, highway, or public right of

way in the state from a stationary location;

     (3) "Peddler" means any person selling or offering for sale any goods, wares, or

merchandise, including any food or beverage, from a vehicle, cart, or any other conveyance that

is not stationary, subject to � 5-11-1.1 subsection (c); and

     (4) No "hawker" or "peddler" shall sell or offer for sale any single good, ware, or item

having a retail value of more than three hundred dollars ($300). However, this dollar limitation

shall not apply to any non-profit nonprofit corporation duly authorized to do business in Rhode

Island. A non-profit nonprofit corporation means a non-profit nonprofit corporation that has

applied under 26 U.S.C. � 501(c)(3) for approval as a � 501(c)(3) corporation with the Internal

Revenue Service, or has been so approved.

     (b) Persons selling farm or garden produce, including flowers, and persons selling works

of art or crafts of their own making at an art or crafts show or exhibition are not hawkers or

peddlers, provided, that:

     (1) Cumberland. The town of Cumberland has the power to license and regulate persons

selling farm or garden produce, including flowers, and persons selling works of art or crafts of

their own making at an art or crafts show or exhibition;

     (2) West Warwick. The town of West Warwick has the power to license and regulate

persons selling farm or garden produce, including flowers, and persons selling works of art or

crafts of their own making at an art or crafts show or exhibition;

     (3) Bristol. The town of Bristol has the power to license and regulate persons selling farm

or garden produce, including flowers, and persons selling works of art or crafts of their own

making at an art or crafts show or exhibition;

     (4) Warwick. The city of Warwick has the power to license and regulate persons selling

farm or garden produce, including flowers, and persons selling works of art or crafts of their own

making at an art or crafts show or exhibition;

     (5) East Providence. The city of East Providence has the power to license and regulate

persons selling farm or garden produce, including flowers; and

     (6) Woonsocket. The city of Woonsocket has the power to license and regulate peddlers

selling or offering flowers.

     (c) "Mobile food establishments" registered pursuant to chapter 11.1 of title 5 chapter

11.1 of this title, and any regulations promulgated thereunder, are not hawkers or peddlers and

are explicitly exempted from this chapter.

     SECTION 2. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:


 

30)

Section

Add Chapter Numbers:

 

5-11.1

80 and 94

 

 

CHAPTER 11.1

STATE MOBILE FOOD ESTABLISHMENT REGISTRATION ACT


 

31)

Section

Add Chapter Numbers:

 

5-11.1-1

80 and 94

 

 

5-11.1-1. Short title.

     This chapter shall be known and may be cited as the "State Mobile Food Establishment

Registration Act."


 

32)

Section

Add Chapter Numbers:

 

5-11.1-2

80 and 94

 

 

5-11.1-2. Purpose.

     The intent of this chapter is to standardize the registration process for mobile food

establishments in the state by authorizing the department of business regulation to issue state

mobile food establishment registrations. Furthermore, this chapter explicitly exempts the selling

of food or beverages from the provisions of chapter 11 of title 5 chapter 11 of this title which

applies to hawkers and peddlers.


 

33)

Section

Add Chapter Numbers:

 

5-11.1-3

80 and 94

 

 

5-11.1-3. Definitions.

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

     (1) "Department" means the department of business regulation.

     (2) "Director" means the director of the department of business regulation.

     (3) "Event permit" means a permit that a city or town issues to the organizer of a public

mobile food establishment event located on public property.

     (4) "Fire safety code" shall have the meaning set forth in chapter 28.1 of title 23 and shall

include any regulations promulgated thereunder.

     (5) "Mobile food establishment" means a food service operation that is operated from a

movable motor-driven or propelled vehicle, portable structure, or watercraft that can change

location. Mobile food establishments specifically includes, but is not limited to, food trucks, food

carts, ice-cream trucks/carts, and lemonade trucks/carts.

     (6) "Mobile food establishment event" means an event where an individual has ordered or

commissioned the operation of one or more mobile food establishments at a private or public

gathering.

     (7) "Mobile food establishment operator" or "operator" means a person or corporate

entity who or that owns, manages, or controls, or who or that has the duty to manage or control,

the operation of a mobile food establishment.

     (8) "Mobile food establishment vendor" or "vendor" means a person who prepares, sells,

cooks, or serves food or beverages from a mobile food establishment.

     (9) "Municipal mobile food establishment permit" means a permit issued by a city or

town to a mobile food establishment operator that possesses a current state mobile food

establishment registration.

     (10) "Registrant" means the holder of a "state mobile food establishment registration."

     (11) "RIDOH" means the Rhode Island department of health.

     (12) "State mobile food establishment registration" or "registration" means a registration

issued by the department which authorizes a mobile food establishment to operate in the state.

     (13) "Temporary mass gathering":

     (i) Means an actual or reasonably anticipated assembly of five hundred (500) or more

people that continues, or reasonably can be expected to continue, for two (2) or more hours per

day; or an event that requires a more extensive review to protect public health and safety because

the event's nature or conditions have the potential of generating environmental or health risks.

     (ii) Includes, but is not limited to, "special events" as defined in the food code regulations

promulgated by RIDOH, and festivals and concerts.

     (iii) Shall not include an assembly of people at a location with permanent facilities

designed for that specific assembly.


 

34)

Section

Add Chapter Numbers:

 

5-11.1-4

80 and 94

 

 

5-11.1-4. Practices for which registration is required.

     Beginning on July 1, 2019, it shall be unlawful for any person or entity to operate a

mobile food establishment, in this state without first receiving a registration from the department

and any applicable municipal permit(s) in accordance with this chapter.


 

35)

Section

Add Chapter Numbers:

 

5-11.1-5

80 and 94

 

 

5-11.1-5. Registration applications and requirements.

     (a) An application for a state mobile food establishment registration shall be made to the

department on forms adopted by the department and accompanied by the required fee of fifty

dollars ($50.00).

     (b) The application shall, at a minimum, include the following information:

     (1) The name and address of the applicant and, if the applicant is an entity, the name and

address of at least one natural person who is in responsible charge of the operations on behalf of

the applicant;

     (2) Evidence of a current:

     (i) Mobile food service license from RIDOH;

     (ii) Fire safety permit, if applicable;

     (iii) Motor vehicle registration, if applicable;

     (iv) Motor vehicle insurance, if applicable;

     (v) Evidence of financial responsibility that is acceptable to the department; and

     (vi) Permit to make sales at retail from the Rhode Island division of taxation.

     (3) Any other such information as the department shall require.

     (c) If an applicant or registrant operates more than one mobile food establishment, the

applicant or registrant shall submit a separate application for each mobile food establishment and

pay a separate application fee per year for each mobile food establishment registered by the

department.

     (d) The fees for initial registration, renewal, and late renewals shall be determined by the

department and established by regulation.

     (e) The department shall receive applications for initial registration and renewal and

establish administrative procedures for processing applications and issuing and renewing

registrations.

     (f) All application requirements must be maintained and kept current for the duration of

the Registration registration.

     (g) The department may work with the state fire marshal to establish fees for fire safety

permit inspections by regulation.


 

36)

Section

Add Chapter Numbers:

5-11.1-6

80 and 94

 

 

5-11.1-6. Issuance and renewal of registration.

     (a) A registration issued by the department pursuant to this chapter shall be valid for one

year from the date on which it was issued or for another period of time as determined by the

department.

     (b) Every mobile food establishment operator who or that desires to renew a registration

for the next year shall apply for renewal upon a form furnished by the department, accompanied

by a fee to be set by the department in regulations, and containing information that is required by

the department.

     (c) Renewal of a registration may be subject to the same provisions as the initial

application.


 

37)

Section

Add Chapter Numbers:

 

5-11.1-7

80 and 94

 

 

5-11.1-7. Authority to operate a mobile food establishment in any city or town.

     (a) To operate in any city or town, a mobile food establishment operator shall provide

proof of having a state mobile food establishment registration to the city or town that the mobile

food establishment wishes to operate in.

     (b) If a mobile food establishment presents this registration, then a city or town shall not:

     (1) Impose additional qualification requirements on the mobile food establishment

operator before issuing a municipal mobile food establishment permit to operate within the city or

town;

     (2) Charge a fee for a municipal mobile food establishment permit, event permit, or

temporary mass gathering permit greater than the maximum fee set by the department and

established by regulations;

     (3) Issue a permit that expires on a date earlier or later than the day on which the state

mobile food establishment registration expires; or

     (4) Require additional municipal mobile food establishment permits or charge additional

fees beyond the initial municipal mobile food establishment permit and fee for the operation of

that same mobile food establishment in more than one location or on more than one day within

the same city and town in the same calendar year.

     (c) Nothing in this section prevents a city or town from:

     (1) Requiring a mobile food establishment operator or event organizer to obtain an event

permit, provided that the fee is not greater than the maximum set by the department in

regulations;

     (2) Denying, suspending, or revoking a permit that the city or town has issued if the

operation of the registrant within the city or town violates the city's or town's land use regulations,

zoning, or other ordinances in relation to the operation of a mobile food establishment; or

     (3) Requiring a separate temporary mass gathering permit, provided that the fee is not

greater than the maximum set by the department in regulations.

     (d) Cities and towns will retain the authority to restrict the operation of mobile food

establishments in their city or town by ordinance with respect to:

     (1) Number of permits granted;

     (2) Location of operation;

     (3) Hours of operation; and

     (4) Noise.


 

38)

Section

Add Chapter Numbers:

 

5-11.1-8

80 and 94

 

 

5-11.1-8. Municipal compliance.

     All cities and towns shall comply with the provisions of this chapter by July 1, 2019.


 

39)

Section

Add Chapter Numbers:

 

5-11.1-9

80 and 94

 

 

5-11.1-9. Display of registration and municipal permits.

     (a) State mobile food establishment registrations must be affixed to the mobile food

establishment in a conspicuous place.

     (b) When the mobile food establishment is doing business in a city or town that issues

permits, the permit must also be affixed to the mobile food establishment in a conspicuous place.


 

40)

Section

Add Chapter Numbers:

 

5-11.1-10

80 and 94

 

 

5-11.1-10. Mobile food establishment safety standards.

     (a) Mobile food establishments shall comply with RIDOH's statutes, rules, regulations,

and policies relating to food safety.

     (b) Mobile food establishments shall comply with the fire safety code, if applicable.


 

41)

Section

Add Chapter Numbers:

 

5-11.1-11

80 and 94

 

 

5-11.1-11. Grounds for denial, suspension or revocation of a state mobile food

establishment registration.

     (a) Upon receipt of a written complaint, the request of RIDOH, or the state fire marshal,

or upon its own initiative, the department may place on probation, suspend, revoke, or refuse to

issue or renew a state mobile food establishment registration or may levy an administrative

penalty or any combination of actions, for any one or more of the following causes:

     (1) Providing incorrect, misleading, incomplete, or materially untrue information in the

registration application;

     (2) Violating any statutes, rules, regulations, ordinances, or policies applicable to the safe

operation of a mobile food establishment, specifically including the fire safety code and those set

forth by the department, RIDOH, and the state fire marshal;

     (3) Obtaining or attempting to obtain a registration through misrepresentation or fraud;

     (4) Having admitted to or been found to have committed any food safety or fire safety

violation;

     (5) Using fraudulent, coercive, or dishonest practices or demonstrating incompetence,

untrustworthiness, or financial irresponsibility in this state or in another place;

     (6) Having a registration, or its equivalent, denied, suspended, or revoked in any other

state, province, district or territory or administrative action under this section;

     (7) Operating a mobile food establishment without a current and valid registration;

     (8) Having its mobile food service license or fire safety permit denied, suspended or

revoked;

     (9) Having a substantive complaint of foodborne illness or food-related illness; or

     (10) A mobile food establishment operator, vendor, or principal thereof having been

convicted of or having plead pled nolo contendere to a felony that is relevant to that person's

  • suitability for a mobile food establishment registration.

     (b) In the event that the action by the department is to non-renew or to deny an

application for a registration, the department shall notify the applicant or registrant and advise, in

writing, the reason for the denial or non-renewal of the registration. The applicant or registrant

may make written demand upon the department within thirty (30) days for a hearing. The hearing

shall be conducted pursuant to the administrative procedures act, chapter 35 of title 42.

     (c) In addition to or in lieu of any applicable denial, suspension, or revocation of a

registration, a person may, after hearing, be subject to an administrative penalty not to exceed the

maximum set forth by regulation.

     (d) The department shall retain the authority to enforce the provisions of and impose any

penalty or remedy authorized by this chapter and this title against any person or entity who is in

violation of this chapter or this title even if the person or entity's registration has been surrendered

or has lapsed by operation of the law.


 

42)

Section

Add Chapter Numbers:

 

5-11.1-12

80 and 94

 

 

5-11.1-12. Order to cease and desist.

     (a) If the department has reason to believe that any person, firm, corporation, or

association is conducting any activities requiring registration in this chapter without obtaining a

registration, or who after the denial, suspension, or revocation of a registration conducts any

activities requiring registration under this chapter, the department may issue its order to that

person, firm, corporation, or association commanding them to appear before the department at a

hearing to be held no sooner than ten (10) days nor later than twenty (20) days after issuance of

that order to show cause why the department should not issue an order to that person or entity to

cease and desist from the violation of the provisions of this chapter.

     (b) All hearings shall be governed by the administrative procedures act, chapter 35 of title

42 and by the department's rules of procedure for administrative hearings.


 

43)

Section

Add Chapter Numbers:

 

5-11.1-13

80 and 94

 

 

5-11.1-13. Responsibility of registrant for acts of agents/employees.

     If a registrant is a firm or corporation, it is sufficient cause for the suspension or

revocation of a registration that any officer, director, manager, or trustee of the firm or entity or

any member or partner, in the case of a partnership, has been found by the department to have

engaged in any act or omission that would be cause for denying, suspending, or revoking a

registration to that party as an individual. Each registrant shall be responsible for the acts of any

person working on their mobile food establishment or any person acting as the agent for that

registrant, and for the acts of any chef or other employee acting as the agent for that registrant.


 

44)

Section

Add Chapter Numbers:

 

5-11.1-14

80 and 94

 

 

5-11.1-14. Rulemaking authority.

     The department is authorized to promulgate rules and regulations for the implementation

of this chapter and the registration of mobile food establishments in the state.


 

45)

Section

Add Chapter Numbers:

 

5-19.1-33

150 and 254

 

 

5-19.1-33. Partial fill of Schedule II controlled substance.

     (a) A pharmacist may dispense a Schedule schedule II controlled substance, as listed in �

21-28-2.08, as a partial fill if requested by the patient or the prescriber.

     (b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the

pharmacy shall retain the original prescription, with a notation of how much of the prescription

has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall

not exceed the total quantity prescribed.

     (c) Subsequent fills, until the original prescription is completely dispensed, shall occur at

the pharmacy where the original prescription was partially filled. The full prescription shall be

dispensed not more than thirty (30) days after the date on which the prescription was written.

Thirty-one (31) days after the date on which the prescription was written, the prescription shall

expire and no more of the drug shall be dispensed without a subsequent prescription.

     (d) The pharmacist shall record in the prescription-drug-monitoring-program

prescription-drug-monitoring program, maintained by the department of health pursuant to �

21-28-3.18, only the actual amounts of the drug dispensed.

     (e) The pharmacist shall record the date and amount of each partial fill in a readily

retrievable form and on the original prescription, and shall include the initials of the pharmacist

who dispensed each partial fill.

     (f) This section is not intended to conflict with or supersede any other requirement

established for the prescription of a Schedule schedule II controlled substance.

     (g) For purposes of this section, the following definitions apply:

     (1) "Original prescription" means the prescription presented by the patient to the

pharmacy or submitted electronically to the pharmacy.

     (2) "Partial fill" means a part of a prescription filled that is of a quantity less than the

entire prescription.


 

46)

Section

Amend Chapter Numbers:

 

5-20.5-14

38 and 41

 

 

5-20.5-14. Revocation, suspension of license -- Probationary period -- Penalties.

     (a) The director may, upon his or her own motion, and shall, upon the receipt of the

written verified complaint of any person initiating a cause under this section, ascertain the facts

and, if warranted, hold a hearing for the suspension or revocation of a license. The director has

power to refuse a license for cause or to suspend or revoke a license or place a licensee on

probation for a period not to exceed one year where it has been obtained by false representation,

or by fraudulent act or conduct, or where a licensee, in performing or attempting to perform any

of the acts mentioned in this chapter, is found to have committed any of the following acts or

practices:

     (1) Making any substantial misrepresentation;

     (2) Making any false promise of a character likely to influence, persuade, or induce any

person to enter into any contract or agreement when he or she could not or did not intend to keep

that promise;

     (3) Pursuing a continued and flagrant course of misrepresentation or making of false

promises through salespersons, other persons, or any medium of advertising, or otherwise;

     (4) Any misleading or untruthful advertising;

     (5) Failing to deposit money or other customers' funds received by a broker or

salesperson into an escrow account maintained by the broker that complies with the requirements

set forth in � 5-20.5-26, upon execution of a purchase and sales agreement;

     (6) Failing to preserve for three (3) years following its consummation records relating to

any real estate transaction as described in the regulations issued by the department;

     (7) Acting for more than one party in a transaction without the knowledge and consent, in

writing, of all parties for whom he or she acts;

     (8) Placing a "for sale" or "for rent" sign on any property without the written consent of

the owner, or his or her authorized agent;

     (9) Failing to furnish a copy of any listing, sale, lease, or other contract relevant to a real

estate transaction to all signatories of the contract at the time of execution;

     (10) Failing to specify a definite termination date that is not subject to prior notice, in any

listing contract;

     (11) Inducing any party to a contract, sale, or lease to break that contract for the purpose

of substitution in lieu of that contract a new contract, where that substitution is motivated by the

personal gain of the licensee;

     (12) Accepting a commission or any valuable consideration by a salesperson for the

performance of any acts specified in this chapter, from any person, except the licensed real estate

broker with whom he or she is affiliated;

     (13) Failing to disclose to an owner his or her intention or true position if he or she,

directly or indirectly through a third party, purchases for him or herself or acquires or intends to

acquire any interest in or any option to purchase property that has been listed with his or her

office to sell or lease;

     (14) Being convicted of any criminal felony in a court of competent jurisdiction of this or

any other state or federal court involving dishonesty, breach of trust, forgery, embezzlement,

obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, fraud,

false dealing, or any similar offense(s) or by pleading guilty or nolo contendere to any such

criminal offense or offenses;

     (15) Violating any rule or regulation promulgated by the department in the interest of the

public and consistent with the provisions of this chapter;

     (16) In the case of a broker licensee, failing to exercise adequate supervision over the

activities of his or her licensed salesperson within the scope of this chapter;

     (17) Failing or refusing to provide information requested by the commission or director

as the result of a formal or informal complaint to the director that would indicate a violation of

this chapter;

     (18) Soliciting, selling, or offering for sale real property by offering free lots, or

conducting lotteries or contests or offering prizes for the purpose of influencing a purchaser or

prospective purchaser of real property;

     (19) Paying or accepting, giving, or charging any undisclosed commission, rebate,

compensation, or profit or expenditures for a principal, or in violation of this chapter;

     (20) Any conduct in a real estate transaction that demonstrates bad faith, dishonesty,

untrustworthiness, or incompetence;

     (21) Failing to have all listing agreements in writing, properly identifying the property

and containing all of the terms and conditions of the sale, including the commission to be paid,

the signatures of all parties concerned, and a definite expiration date in that contract, which that

shall not require an owner to notify a broker of his or her intention to terminate. An exclusive

agency listing or exclusive right to sell listing shall be clearly indicated in the listing agreement;

     (22) Accepting a listing based on "net price". In cases where the owner wishes to list in

this manner, the agreed-upon commission is added and listings made in the usual manner;

     (23) Negotiating, or attempting to negotiate, the sale, exchange, or lease of any real

property directly with an owner or lessor knowing that the owner or lessor has an outstanding

exclusive listing contract with another licensee covering the same property, except when the real

estate broker or salesperson is contacted by the client of another broker regarding a real estate

service, and the broker or salesperson has not directly or indirectly initiated those discussions,

they may discuss the terms under which they might enter into future agency agreement; or they

may enter into an agency agreement that becomes effective upon termination of any existing

exclusive agreement; or they may enter into an agreement for other real estate service not covered

by an existing agency relationship;

     (24) Accepting an exclusive right to sell or lease or an exclusive agency and subsequently

failing to make a diligent effort to sell or lease the listed property;

     (25) Advising against the use of the services of an attorney in any real estate transaction;

     (26) Representing to any lender or any other party in interest, either verbally or through

the preparation of a false sales contract, an amount other than the true and actual sales price;

     (27) Submitting to an owner a written offer to purchase or lease unless that offer contains

the essential terms and conditions of the offer, including the manner in which the purchase price

is to be paid, and if that offer is contingent upon certain conditions, those conditions shall be

clearly stated in the offer, or unless the offer is conditioned upon the later execution of a complete

agreement for sale;

     (28) Paying any sums of money being held in an escrow account to any person, or

converting such the sums of money for his or her own use, in the event of a failed real estate

transaction, without having complied with the department's rules and regulations relative to the

transfer of disputed deposit funds to the office of the general treasurer;

     (29) Advertising to sell, buy, exchange, rent, or lease the property of another in a manner

indicating that the offer to sell, buy, exchange, rent, or lease that property is being made by a

private party not engaged in the real estate business, nor inserting advertisements in any

publication containing only a post office or other box number, telephone number, or street

address. No salesperson shall advertise the property of another under his or her own name;

     (30) As a licensed salesperson, failing upon termination of his or her employment or

affiliation with a real estate broker and upon demand by the broker to immediately turn over to

the broker any and all information, records, or other materials obtained during his or her

employment, whether the information or records were originally given to him or her by the broker

or copied from the records of that broker or affiliation or acquired by the salesperson during his

or her employment;

     (31) Offering, promising, giving, or paying, directly or indirectly, any part or share of his

or her commission or compensation arising or accruing from any real estate transaction to any

person who is not licensed as a real estate broker, but who by law should be licensed, or who is

not a real estate salesperson employed by that licensee;

     (32) Soliciting the sale, lease, or the listing for sale or lease, of residential property on the

ground of loss of value due to the present or prospective entry in the neighborhood of a person or

persons of another race, religion, or ethnic origin, nor shall he or she distribute, or cause to be

distributed, material or make statements designed to induce a residential property owner to sell or

lease his or her property due to such factors;

     (33) Failure of the employing broker to notify the director, in writing, within ten (10)

days of the termination of a salesperson's employment of contractual relationship, or failure of a

salesperson to notify the director, in writing, within ten (10) days of any change in his/her broker

affiliation;

     (34) Failure to report all written offers to the owner prior to the signing of a purchase and

sale agreement by the owner;

     (35) Failure of agents to provide buyers and sellers of real property with disclosure

regarding real estate agency relationships as specified in chapter 20.6 of this title;

     (36) Failure of an associate broker to inform the public of associate broker status by not

listing associate broker on business cards and correspondence or by informing the public that his

or her status in the real estate firm is that of broker; or

     (37) Failure to pay sums of money being held in an escrow account, pursuant to � 5-20.5-

26, within ten (10) days of receipt of a written release that has been signed by all parties to a

failed real estate transaction.

     (b) The director is authorized to levy an administrative penalty not exceeding one

thousand dollars ($1,000) two thousand dollars ($2,000) for any violation under this section or the

rules and regulations of the department of business regulation.


 

47)

Section

Amend Chapter Numbers:

 

5-25-10

176 and 289

 

 

5-25-10. Qualifications for licensure.

     Any applicant for licensure shall submit to the department written evidence on forms

furnished by the department verified by oath that the applicant meets all of the following

requirements:

     (1) Is a graduate of a school or college of veterinary medicine recognized and accredited

by the American Veterinary Medical Association and by the department or certification by the

Educational Council for Foreign Veterinary Graduates;

     (2) Pays an application fee as set forth in � 23-1-54 at the time of submitting the

application, which, in no case is returned to the applicant;

     (3) Is of good moral character, evidenced in the manner prescribed by the department;

and

     (4) Complies with any other qualifications that the department prescribes by regulation;

and

     (5) Comply Complies with the continuing education requirements adopted by the

department.


 

48)

Section

Amend Chapter Numbers:

 

5-30-6

176 and 289

 

 

5-30-6. Qualifications and examinations of applicants.

     Every person desiring to begin the practice of chiropractic medicine, except as provided

in this chapter, shall present satisfactory evidence to the division of professional regulation of the

department of health, verified by oath, that he or she is more than twenty-three (23) years of age,

of good moral character, and that before he or she commenced the study of chiropractic medicine

had satisfactorily completed credit courses equal to four (4) years of pre-professional study

acceptable by an accredited academic college and obtained a bachelor of science or bachelor of

arts degree and subsequently graduated from a school or college of chiropractic medicine

approved by the division of professional regulation of the department of health, and has

completed a residential course of at least four (4) years, each year consisting of at least nine (9)

months study. Any qualified applicant shall take an examination before the state board of

chiropractic examiners to determine his or her qualifications to practice chiropractic medicine.

Every applicant for an examination shall pay a fee as set forth in � 23-1-54 for the examination to

the division of professional regulation. Every candidate who passes the examination shall be

recommended by the division of professional regulation of the department of health to the

director of the department of health to receive a certificate of qualification to practice chiropractic

medicine.


 

 

 

 

 

49)

Section

Amend Chapter Numbers:

 

5-34-10

176 and 289

 

 

5-34-10. Qualifications of professional nurse applicants.

     An applicant for licensure to practice as a professional nurse shall submit to the board

written evidence on forms furnished by the division of professional regulation, verified by oath,

that the applicant:

     (1) Has completed at least an approved high school course of study or the equivalent

supported by diploma or certificate of the course of study as determined by the rules and

regulations of the state board of education;

     (2) Has successfully completed the prescribed curriculum in an approved basic

professional nursing education program and holds a diploma from the program; and

     (3) Is of good moral character.


 

50)

Section

Amend Chapter Numbers:

 

5-35.1-3

176 and 289

 

 

5-35.1-3. Application for examination and license.

     Every person desiring to be licensed to practice optometry as provided in this chapter

shall file with the department, in the form prescribed by the department, an application, verified

by oath, presenting the facts which entitle the applicant to a license to practice optometry under

this chapter. No one shall be permitted to practice optometry in this state without a valid license.


   

51)

Section

Amend Chapter Numbers:

 

5-37.2-12.1

176 and 289

 

 

5-37.2-12.1. Examination requirements and issuance of license.

     (a) No person shall be licensed as a doctor of acupuncture and Oriental medicine unless

he or she has passed the examination by the National Commission of Certification of

Acupuncture and Oriental Medicine. National Certification Commission for Acupuncture and

Oriental Medicine or successor entity.

     (b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory proof

that he or she:

     (1) Is a United States citizen or legal alien;

     (2) Has demonstrated proficiency in the English language;

     (3) Is at least twenty one (21) years of age;

     (4) Is of good moral character;

     (5) Has completed an accredited program of at least thirty-six (36) months and not less

than twenty-five hundred (2,500) hours of training and has received a certificate or diploma from

an institute approved by the Accreditation Commission for Schools and Colleges of Acupuncture

and Oriental Medicine, according to the provisions of this chapter; provided, that this subdivision

does not apply to anyone licensed to practice under chapter 37 of this title who is qualified to take

and pass the test by the National Commission for the Certification of Acupuncture and Oriental

Medicine;

     (6) Has completed a clinical internship training that is designated as appropriate by the

National Commission for the Certification of Acupuncture and Oriental Medicine; and

     (7) Has three (3) letters of reference from reputable individuals other than relatives and at

least two (2) of which are from licensed or registered doctors of acupuncture and Oriental

medicine.


 

52)

Section

Amend Chapter Numbers:

 

5-40-6

176 and 289

 

 

5-40-6. Qualification of physical therapists.

     Any applicant for licensure shall submit to the board written evidence on forms furnished

by the department of health, verified by oath, that the applicant meets all of the following

requirements:

     (1) Is at least eighteen (18) years of age;

     (2) Is of good moral character;

     (3) Has graduated from an education program in physical therapy accredited by the

Commission on Accreditation of Physical Therapy Education (CAPTE) or other accrediting

agency as approved by the department in consultation with the board, in the year of the

applicant's graduation; and

     (4) Has passed the National Physical Therapy Examination (NPTE) of the Federation of

State Boards of Physical Therapy (FSBPT) or other physical therapy certification examination as

approved by the department in consultation with the board to determine the applicant's fitness to

engage in the practice of physical therapy.


 

53)

Section

Amend Chapter Numbers:

 

5-40-6.1

176 and 289

 

 

5-40-6.1. Qualifications of physical therapist assistants.

     Any applicant for licensure shall submit to the board written evidence on forms furnished

by the department of health, verified by oath, that the applicant meets all of the following

requirements:

     (1) Is at least eighteen (18) years of age;

     (2) Is of good moral character;

     (3) Has graduated from an educational program in physical therapy accredited by the

Commission on Accreditation of Physical Therapy Education (CAPTE) or other accrediting

agency as approved by the department in consultation with the board, in the year of said the

applicant's graduation; and

     (4) Has passed the National Physical Therapy Examination (NPTE) of the Federation of

State Boards of Physical Therapy (FSBPT) or other physical therapy assistant certification

examination as approved by the department in consultation with the board to determine the

applicant's fitness to engage in the practice of physical therapy.


 

 

 

54)

Section

Amend Chapter Numbers:

 

5-40.1-8

176 and 289

 

 

5-40.1-8. Requirements for licensure.

     (a) Any applicant seeking licensure as an occupational therapist or occupational therapy

     assistant in this state must:

     (1) Be at least eighteen (18) years of age;

     (2) Be of good moral character;

     (3) Have successfully completed the academic requirements of an education program in

occupational therapy accredited by the American Occupational Therapy Association's

Accreditation Council for Occupational Therapy Education or other therapy accrediting agency

that may be approved by the board;

     (4) Have successfully completed a period of supervised fieldwork experience arranged by

the recognized educational institution where he or she met the academic requirements:

     (i) For an occupational therapist, a minimum of twenty-four (24) weeks of supervised

fieldwork experience shall be required;

     (ii) For an occupational therapy assistant, a minimum of twelve (12) weeks shall be

required;

     (5) Have successfully passed the National Certification Examination for Occupational

Therapists, Registered, or National Certification Examination for Occupational Therapy

Assistants, of the National Board for Certification in Occupational Therapy (NBCOT) or other

occupational therapy certification examination as approved by the board.

     (b) Application for licensure to practice occupational therapy in this state, either by

endorsement or by examination, shall be made on forms provided by the division, which that

shall be completed, notarized, and submitted to the board thirty (30) days prior to the scheduled

date of the board meeting. The application shall be accompanied by the following documents:

     (1) Three (3) affidavits from responsible persons attesting to the applicant's good moral

character; Is of good moral character, evidenced in the manner prescribed by the department.

     (2) For U.S. citizens: a certified copy of birth record or naturalization papers;

     (3) For non-U.S. citizens: documented evidence of alien status, such as immigration

papers or resident alien card or any other verifying papers acceptable to the administrator;

     (4) Documented evidence and supporting transcripts of qualifying credentials as

prescribed in this section;

     (5) One unmounted passport photograph of the applicant (head and shoulder view)

approximately 2x3 inches in size;

     (6) (5) A statement from the board of occupational therapy in each state in which the

applicant has held or holds licensure, or is otherwise subject to state regulation, to be submitted to

the board of this state attesting to the licensure status of the applicant during the time period the

applicant held licensure in that state; and

     (7) (6) The results of the written national examination of the National Board for

Certification in Occupational Therapy (NBCOT).

     (c)(1) Applicants seeking licensure as occupational therapists or occupational therapy

assistants are required to pass the national written examination of the National Board for

Certification in Occupational Therapy (NBCOT) approved by the board to test the applicant's

fitness to engage in the practice of occupational therapy pursuant to the provisions of this chapter.

     (2) The date, time, and place of examinations shall be available from the National Board

for Certification in Occupational Therapy (NBCOT).

     (d) In case any applicant fails to satisfactorily pass an examination, the applicant shall be

entitled to re-examination.

     (e) Occupational therapists and occupational therapy assistants who are licensed or

regulated to practice under laws of another state or territory or the District of Columbia may,

upon receiving a receipt from the division, perform as an occupational therapist or occupational

therapy assistant under the supervision of a qualified and licensed occupational therapist or

occupational therapy assistant. If this applicant fails to receive licensure when the board reviews

the application, all previously mentioned privileges automatically cease.

     (f) Applicants from foreign occupational therapy schools must meet the requirements of

the National Board for Certification in Occupational Therapy (NBCOT) and present evidence of

passage of the National Certification Examination for Occupational Therapists or the National

Certification Examination for Occupational Therapy Assistants of the NBCOT. Applicants must

meet all of the appropriate requirements for licensure to the satisfaction of the board and in

accordance with the statutory and regulatory provisions of this chapter.


 

55)

Section

Amend Chapter Numbers:

 

5-44-9

176 and 289

 

 

5-44-9. Qualifications of psychologists.

     An applicant for licensure shall submit to the board written evidence acceptable to the

department, verified under oath, that the applicant:

     (1) Is of good moral character;

     (2) Has received a doctorate degree in psychology from a college or university whose

program of study for that degree at that time meets or exceeds the stated requirements for

approval by the American Psychological Association, or its equivalent in terms of excellence of

education and training, or a doctorate degree in an allied field whose education and training

requirements are substantially similar to current American Psychological Association standards of

accreditation for the granting of a doctorate in psychology;

     (3) Has had the requisite supervised experience as deemed acceptable to the board as

delineated in the rules and regulations;

     (4) Has passed an examination conducted by the board to determine his or her

qualification for licensure as a psychologist, or is applying under the provisions of � 5-44-11;.


 

56)

Section

Amend Chapter Numbers:

 

5-63.2-9

176 and 289

 

 

5-63.2-9. Qualifications of licensed clinical mental health counselors.

     (a) An applicant for licensure shall submit to the board written evidence on forms

furnished by the division of professional regulation verified under oath that the applicant:

     (1) Is of good character; and

     (2) Has received a graduate degree specializing in counseling/therapy from a college or

university accredited by the New England Association of Schools and Colleges, or an equivalent

regional accrediting agency, and which has the approval by a cognizable national or regional

certifying authority; and

     (3) Has completed sixty (60) semester hours or ninety (90) quarter hours within their

graduate counseling/therapy program; and

     (4) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter

hours of supervised practicum and a minimum of one calendar year of supervised internship

consisting of twenty (20) hours per week, or its equivalent, with emphasis in mental health

counseling supervised by the department within the college or university granting the requisite

degree or by an accredited postgraduate clinical training program recognized by the United States

Department of Education, or education and/or experience which that is deemed equivalent by the

board; and

     (5) Has completed a minimum of two (2) years of relevant postgraduate experience,

including at least two thousand (2,000) hours of direct client contact offering clinical or

counseling or therapy services with emphasis in mental health counseling subsequent to being

awarded a master's degree, certificate of advanced graduate study, or doctorate; and

     (6) A minimum of one hundred (100) hours of post-degree supervised case work spread

over a two-(2)year (2) period; provided, that the supervision was provided by a person who, at the

time of rendering the supervision, was recognized by the board as an approved supervisor; and

     (7) Has passed, to the satisfaction of the board, an examination conducted by it to

determine the applicant's qualification for licensure as a clinical mental health counselor or is

applying for licensure under the provisions of � 5-63.2-15.

     (b) A candidate shall be held to have qualified for licensure as a clinical mental health

counselor upon the affirmative vote of at least four (4) members of the board, two (2) of whom

must be mental health counselors on the board.


 

57)

Section

Amend Chapter Numbers:

 

5-63.2-10

176 and 289

 

 

5-63.2-10. Qualifications of licensed � Marriage and family therapists.

     (a) An applicant for licensure shall submit to the board written evidence on forms

furnished by the division of professional regulation verified under oath that the applicant:

     (1) Is of good character; and

     (2) Has completed a graduate degree program specializing in marital and family therapy

from a college or university accredited by the New England Association of Schools and Colleges,

or an equivalent regional accreditation agency; and

     (3) Has completed sixty (60) semester hours or ninety (90) quarter hours within their

graduate degree program specializing in marital and family therapy; and

     (4) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter

hours of supervised practicum and a one-calendar year of supervised internship consisting of

twenty (20) hours per week, or its equivalent, with emphasis in marriage and family therapy

supervised by the department within the college or university granting the requisite degree or by

an accredited postgraduate clinical training program, approved by the commission on

accreditation for marriage and family therapy education recognized by the United States

department of education or education and/or experience which that is deemed equivalent by the

board; and

     (5) Has had a minimum of two (2) years of relevant postgraduate experience, including at

least two thousand (2,000) hours of direct client contact offering clinical or counseling or therapy

services with emphasis in marriage and family therapy subsequent to being awarded a master's

degree or doctorate; and

     (6) Has had a minimum of one hundred (100) hours of post-degree supervised case work

spread over two (2) years; provided, that the supervision was provided by a person who, at the

time of rendering the supervision, was recognized by the board as an approved supervisor; and

     (7) Has passed to the satisfaction of the board an examination conducted by it to

determine the applicant's qualifications for licensure as a marriage and family therapist or is

applying for licensure under the provisions of � 5-63.2-15.

     (b) A candidate shall be qualified for licensure as a marriage and family therapist upon

the affirmative vote of at least four (4) members of the board, two (2) of whom must be marriage

and family therapists on the board.


 

58)

Section

Amend Chapter Numbers:

 

5-65-19

64 and 69

 

 

5-65-19. Penalty for operating without a registration -- Failure to comply with a

final order of the board -- Repeat offense a felony.

     (a) Any person who violates a final order of the board, or fails to register as a contractor

as stipulated adjudged in a final order issued by the boardand upon proper written notification, is

deemed guilty of a misdemeanor, and, upon conviction, shall be imprisoned for a term not

exceeding one year, or fined not more than five thousand dollars ($5,000) one thousand dollars

($1,000), or both, for a first or second offense and not more than ten thousand dollars ($10,000)

for a second and/or subsequent offense(s) eachA third or subsequent violation of this subsection

is to be deemed a felony, and, upon conviction, the violator shall be imprisoned for a term not

exceeding two (2) years, fined not more than two thousand dollars ($2,000), or both.

     (b) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is not more than five

thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

one thousand dollars ($1,000), or both.

     (c) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

($5,000) or more, upon written notification, is deemed guilty of a felony, and, upon conviction,

shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten thousand

dollars ($10,000), or both.

     (b)(d) A final order shall be considered delivered when served to a defendant or

designated agent to accept service. In addition to any sentence or fine imposed by the court under

subsection subsections (a), (b), and (c) of this section, the court may shall order a defendant to

comply with any outstanding final order of the board, including any monetary judgment, and/or

and to pay to the board any outstanding fine or fines previously imposed by the board pursuant to

this chapter.

     (c)(e) If a contractor is a repeat offender with violations of three (3) or more final orders

of the board with respect to three (3) separate contracts executed by three (3) separate

individuals/aggrieved parties and said the violations are filed within a twenty-four- (24) month

(24) period, the violation shall be prosecuted as a felony and upon conviction the violator shall be

subject to imprisonment for a term not to exceed five (5) ten (10) years or fined not more than

ten thousand dollars ($10,000).


 

 

 

59)

Section

Amend Chapter Numbers:

 

5-65.1-13

64 and 69

 

 

5-65.1-13. Violations -- Penalties.

     (a) Any person who operates as a home inspector without a license as adjudged in a final

order issued by the board, upon proper written notification, is deemed guilty of a misdemeanor,

and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

one thousand dollars ($1,000), or both, for a first or second offense. A third or subsequent

violation of this subsection is to be deemed a felony, and, upon conviction, the violator shall be

imprisoned for a term not exceeding two (2) years, fined not more than two thousand dollars

($2,000), or both.

     (a)(b) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is not more than five

thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor

and, upon conviction, may shall be imprisoned for a term not exceeding one year, or fined not

more than one thousand dollars ($1,000) for each offense, or both.

     (c) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

($5,000) or more, upon proper written notification, is deemed guilty of a felony, and, upon

conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten

thousand dollars ($10,000), or both.

     (b)(d) A final order shall be considered delivered when served to a defendant or

designated agent to accept service. In addition to any sentence or fine imposed by the court under

subsection subsections (a), (b), and (c) of this section, the court may shall order a defendant to

comply with any outstanding final order of the board, including any monetary judgment and to

pay to the board any outstanding fine or fines previously imposed by the board pursuant to this

chapter. A final order of the board may also be enforced in a civil contempt proceeding brought

upon complaint in the district court.

     (e) If a home inspector is a repeat offender with violations of three (3) or more final

orders of the board with respect to three (3) separate contracts executed by three (3) separate

individuals/aggrieved parties and said the violations are filed within a twenty-four- (24) month

(24) period, the violation shall be prosecuted as a felony and, upon conviction, the violator shall

be subject to imprisonment for a term not to exceed ten (10) years or fined not more than ten

thousand dollars ($10,000), or both.


 

60)

Section

Add Chapter Numbers:

 

5-65.2-5

64 and 69

 

 

5-65.2-5. Penalties for violations.

     (a) Any person who operates as a well drilling contractor without a license as adjudged in

a final order issued by the board, upon proper written notification, is deemed guilty of a

misdemeanor, and, upon conviction, shall be imprisoned for a term not exceeding one year, fined

not more than one thousand dollars ($1,000), or both, for a first or second offense. A third or

subsequent violation of this subsection is to be deemed a felony, and, upon conviction, the person

shall be imprisoned for a term not exceeding two (2) years, fined not more than two thousand

dollars ($2,000), or both.

     (b) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is not more than five

thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

one thousand dollars ($1,000), or both.

     (c) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

($5,000) or more, upon proper written notification, is deemed guilty of a felony, and, upon

conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten

thousand dollars ($10,000), or both.

     (d) A final order shall be considered delivered when served to a defendant or designated

agent to accept service. In addition to any sentence or fine imposed by the court under

subsections (a), (b), and (c) of this section, the court shall order a defendant to comply with any

outstanding final order of the board, including any monetary judgment, and to pay to the board

any outstanding fine or fines previously imposed by the board pursuant to this chapter.

     (e) If a well drilling contractor is a repeat offender with violations of three (3) or more

final orders of the board with respect to three (3) separate contracts executed by three (3) separate

individuals/aggrieved parties and said the violations are filed within a twenty-four- (24) month

(24) period, the violation shall be prosecuted as a felony and, upon conviction, the violator shall

be subject to imprisonment for a term not to exceed ten (10) years or fined not more than ten

thousand dollars ($10,000), or both.


 

61)

Section

Amend Chapter Numbers:

 

5-65.3-17

64 and 69

 

 

5-65.3-17. Penalties for violations.

     (a) Violations of any provision of this chapter shall be subject to the penalties as follows:

any corporation, association, sole proprietorship, firm partnership, limited-liability corporation,

limited-liability partnership or other business organization licensed by the board shall be subject

to a fine up to five thousand dollars ($5,000) for the first offense and up to ten thousand dollars

($10,000) for the second and subsequent violations of this chapter.

     (b) Any person who operates as a an underground utility contractor without a license as

adjudged in a final order issued by the board, upon proper written notification, is deemed guilty

of a misdemeanor, and, upon conviction, shall be imprisoned for a term not exceeding one year,

fined not more than one thousand dollars ($1,000), or both, for a first or second offense. A third

or subsequent violation of this subsection is to be deemed a felony, and, upon conviction, the

person shall be imprisoned for a term not exceeding two (2) years, fined not more than two

thousand dollars ($2,000), or both.

     (c) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is not more than five

thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

one thousand dollars ($1,000), or both.

     (d) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

($5,000) or more, upon proper written notification, is deemed guilty of a felony, and, upon

conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten

thousand dollars ($10,000), or both.

     (e) A final order shall be considered delivered when served to a defendant or designated

agent to accept service. In addition to any sentence or fine imposed by the court under

subsections (b), (c), and (d) of this section, the court shall order a defendant to comply with any

outstanding final order of the board, including any monetary judgment, and to pay to the board

any outstanding fine or fines previously imposed by the board pursuant to this chapter.

     (f) If a an underground utility contractor is a repeat offender with violations of three (3)

or more final orders of the board with respect to three (3) separate contracts executed by three (3)

separate individuals/aggrieved parties and said the violations are filed within a twenty-four- (24)

month (24) period, the violation shall be prosecuted as a felony, and upon conviction, the violator

shall be subject to imprisonment for a term not to exceed ten (10) years or fined not more than ten

thousand dollars ($10,000), or both.


 

62)

Section

Add Chapter Numbers:

 

5-73-5

64 and 69

 

 

5-73-5. Penalties for violations.

     (a) Any person who operates as a roofing contractor without a license as adjudged in a

final order issued by the board, upon proper written notification, is deemed guilty of a

misdemeanor, and, upon conviction, shall be imprisoned for a term not exceeding one year, fined

not more than one thousand dollars ($1,000), or both, for a first or second offense. A third or

subsequent violation of this subsection is to be deemed a felony, and, upon conviction, the person

shall be imprisoned for a term not exceeding two (2) years, fined not more than two thousand

dollars ($2,000), or both.

     (b) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is not more than five

thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

one thousand dollars ($1,000), or both.

     (c) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

($5,000) or more, upon proper written notification, is deemed guilty of a felony, and, upon

conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten

thousand dollars ($10,000), or both.

     (d) A final order shall be considered delivered when served to a defendant or designated

agent to accept service. In addition to any sentence or fine imposed by the court under

subsections (a), (b), and (c) of this section, the court shall order a defendant to comply with any

outstanding final order of the board, including any monetary judgment, and to pay to the board

any outstanding fine or fines previously imposed by the board pursuant to this chapter.

     (e) If a roofing contractor is a repeat offender with violations of three (3) or more final

orders of the board with respect to three (3) separate contracts executed by three (3) separate

individuals/aggrieved parties and said the violations are filed within a twenty-four- (24) month

(24) period, the violation shall be prosecuted as a felony and, upon conviction, the violator shall

be subject to imprisonment for a term not to exceed ten (10) years or fined not more than ten

thousand dollars ($10,000), or both.


 

63)

Section

Amend Chapter Numbers:

 

5-86-9

176 and 289

 

 

5-86-9. Qualifications and examinations for licensing.

     (a) An applicant for licensure as a licensed applied behavior analyst shall submit to the

board written evidence on forms furnished by the department verified under oath (i.e. notarized)

that said the applicant:

     (1) Be Is of good moral character;

     (2) Has obtained a graduate degree in applied behavior analysis or a related field, as

approved by the board, from a college or university accredited by the New England association of

schools and colleges, or an equivalent regional accrediting agency, and which that has the

approval by a national or regional certifying authority, including, but not limited to, the applied

behavior analyst licensing board;

     (3) Has successfully completed the amount of coursework in applied behavior analysis

acceptable to the board;

     (4) Has appropriate supervised experience to include either: (i) One year, including one

thousand five hundred (1,500) hours of supervised independent fieldwork in applied behavior

analysis. The distribution of supervised independent fieldwork hours must be at least ten (10)

hours per week, but not more than thirty (30) hours per week, for a minimum of three (3) weeks

per month; (ii) One thousand (1,000) hours of practicum in behavior analysis within a university

experience program approved by the national or regional certifying authority. The distribution of

practicum hours must be at least ten (10) hours per week, but not more than twenty-five (25)

hours per week, for a minimum of three (3) weeks per month; or (iii) Seven hundred fifty (750)

hours of intensive practicum in behavior analysis within a university experience program

approved by the national or regional certifying authority. The distribution of intensive practicum

hours must be at least ten (10) hours per week, but not more than twenty-five (25) hours per

week, for a minimum of three (3) weeks per month;

     (5) Has passed the relevant examination administered by an appropriate nationally

recognized accrediting organization as approved by the department of health for this function;

     (6) Maintain active status and fulfill all relevant requirements for renewal and relicensing

with the nationally recognized and accredited organization(s) as approved by the department of

health licensing;

     (7) Conducts his or her professional activities in accordance with accepted standards for

responsible professional conduct, as approved by the Rhode Island applied behavior analyst

licensing board; and

     (8) Meets the criteria as established in � 5-86-12.

     (b) An applicant for licensure as a licensed applied behavior assistant analyst shall submit

to the board written evidence on forms furnished by the department verified under oath (i.e.,

notarized) that said the applicant:

     (1) Be Is of good moral character;

     (2) Has obtained a bachelor's degree in behavior analysis or a related field, as approved

by the board, from a college or university accredited by the New England Association of Schools

and Colleges,or an equivalent regional accrediting agency, and which that has the approval by a

national or regional certifying authority, including, but not limited to, the applied behavior analyst

licensing board;

     (3) Has successfully completed the amount of coursework in applied behavior analysis

acceptable to the board;

     (4) Has appropriate supervised experience to include either: (i) One thousand (1,000)

hours of supervised independent fieldwork in applied behavior analysis. The distribution of

supervised independent fieldwork hours must be at least ten (10) hours per week, but not more

than thirty (30) hours per week, for a minimum of (3) three weeks per month; (ii) Six hundred

seventy (670) hours of practicum in behavior analysis within a university experience program

approved by the national or regional certifying board. The distribution of practicum hours must

be at least ten (10) hours per week, but not more than twenty-five (25) hours per week, for a

minimum of three (3) weeks per month; or (iii) Five hundred (500) hours of intensive practicum

in behavior analysis within a university experience program approved by the national or regional

certifying board. The distribution of intensive practicum hours must be at least ten (10) hours per

week, but not more than twenty-five (25) hours per week, for a minimum of three (3) weeks per

month.

     (5) Is supervised by a licensed applied behavior analyst in a manner consistent with the

board's requirements for supervision of licensed applied behavior assistant analysts;

     (6) Has passed the examination administered by an appropriate nationally recognized

accrediting organization as approved by department of health licensing for this function;

     (7) Maintain active status and fulfill all relevant requirements for renewal and relicensing

with the nationally recognized and accredited organization(s) as approved by the department of

health licensing;

     (8) Conduct his or her professional activities in accordance with accepted standards for

responsible professional conduct, as required by the Rhode Island applied behavior analyst

licensure board; and

     (9) Meet the criteria as established in � 5-86-11.

     (c) An applicant shall be judged to hold the equivalent requirement of a licensure as an

applied behavior analyst upon submission to the board, written evidence on forms furnished by

the department verified under oath (i.e., notarized), if the following equivalency requirements are

met to the satisfaction of the licensing board:

     (1) Has received a doctoral degree in psychology from a college or university accredited

by the New England association of schools and colleges, or an equivalent regional accrediting

agency, and which that has the approval by a national or regional certifying authority;

     (2) Be Is individually licensed by the department of health as a psychologist subject to

chapter 5-44 chapter 44 of this title;

     (3) Be Is of good moral character;

     (4) Has completed coursework in applied behavior analysis supervised by the department

within the college or university granting the requisite degree or by an accredited postgraduate

clinical training program recognized by the United States department of education, or education

and/or experience which is deemed equivalent by the board;

     (5) Has completed one thousand five hundred (1,500) hours of direct client contact

offering applied behavior analysis services subsequent to being awarded a doctoral degree in

psychology;

     (6) Conducts his or her professional activities in accordance with accepted standards for

responsible professional conduct, as required by the Rhode Island applied behavior analyst

licensure board; and

     (7) Meets the criteria as established in 5-86-12.


 

64)

Section

Amend Chapter Numbers:

 

6-16

141 and 236

 

 

CHAPTER 6-16

UNIFORM VOIDABLE TRANSACTIONS ACT


 

 

 

 

65)

Section

Amend Chapter Numbers:

 

6-16-1

141 and 236

 

 

6-16-1. Definitions.

     As used in this chapter:

     (1) "Affiliate" means:

     (i) A person who directly or indirectly owns, controls, or holds with power to vote twenty

percent (20%) or more of the outstanding voting securities of the debtor, other than a person who

holds the securities:

     (A) As a fiduciary or agent without sole discretionary power to vote the securities; or

     (B) Solely to secure a debt, if the person has not exercised the power to vote;

     (ii) A corporation, twenty percent (20%) or more of whose outstanding voting securities

are directly or indirectly owned, controlled, or held with power to vote by the debtor or a person

who directly or indirectly owns, controls, or holds, with power to vote, twenty percent (20%) or

more of the outstanding voting securities of the debtor, other than a person who holds the

securities:

     (A) As a fiduciary or agent without sole power to vote the securities; or

     (B) Solely to secure a debt, if the person has not in fact exercised the power to vote;

     (iii) A person whose business is operated by the debtor under a lease or other agreement,

or a person substantially all of whose assets are controlled by the debtor; or

     (iv) A person who operates the debtor's business under a lease or other agreement or

controls substantially all of the debtor's assets.

     (2) "Asset" means property of a debtor, but the term does not include:

     (i) Property to the extent it is encumbered by a valid lien;

     (ii) Property to the extent it is generally exempt under nonbankruptcy law; or

     (iii) An interest in property held in tenancy by the entireties to the extent it is not subject

to process by a creditor holding a claim against only one tenant.

     (3) "Claim" means a right to payment, whether or not the right is reduced to judgment,

liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal,

equitable, secured, or unsecured.

     (4) "Creditor" means a person who has a claim.

     (5) "Debt" means liability on a claim.

     (6) "Debtor" means a person who is liable on a claim.

     (7) "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.

     (7)(8) "Insider" includes:

     (i) If the debtor is an individual:

     (A) A relative of the debtor or of a general partner of the debtor;

     (B) A partnership in which the debtor is a general partner;

     (C) A general partner in a partnership described in subdivision (7)(i)(B) subsection

(8)(i)(B); or

     (D) A corporation of which the debtor is a director, officer, or person in control;

     (ii) If the debtor is a corporation:

     (A) A director of the debtor;

     (B) An officer of the debtor;

     (C) A person in control of the debtor;

     (D) A partnership in which the debtor is a general partner;

     (E) A general partner in a partnership described in subdivision (7)(ii)(D) subsection

(8)(ii)(D); or

     (F) A relative of a general partner, director, officer, or person in control of the debtor.;

     (iii) If the debtor is a partnership:

     (A) A general partner in the debtor;

     (B) A relative of a general partner in, a general partner of, or a person in control of the

debtor;

     (C) Another partnership in which the debtor is a general partner;

     (D) A general partner in a partnership described in subdivision (7)(iii)(C) subsection

(8)(iii)(C); or

     (E) A person in control of the debtor;

     (iv) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

     (v) A managing agent of the debtor.

     (8)(9) "Lien" means a charge against, or an interest in, property to secure payment of a

debt or performance of an obligation, and includes a security interest created by agreement; a

judicial lien obtained by legal or equitable process or proceedings; a common-law lien; or a

statutory lien.

     (10) "Organization" means a person other than an individual.

     (9)(11) "Person" means an individual, estate, partnership, association, trust, business or

nonprofit entity, public corporation, government or governmental subdivision, agency, or

instrumentality, or other legal or commercial entity. partnership, corporation, association,

organization, government or governmental subdivision or agency, business trust, estate, trust, or

any other legal or commercial entity, but does include the Rhode Island depositors economic

protection corporation.

     (10)(12) "Property" means anything that may be the subject of ownership.

     (13) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium, and retrievable in perceivable form.

     (11)(14) "Relative" means an individual related by consanguinity within the third degree

as determined by the common law, a spouse, or an individual related to a spouse within the third

degree as so determined, and includes an individual in an adoptive relationship within the third

degree.

     (15) "Sign" means with present intent to authenticate or adopt a record:

     (i) To execute or adopt a tangible symbol; or

     (ii) To attach to or logically associate with the record an electronic symbol, sound, or

process.

     (12)(16) "Transfer" means every mode, direct or indirect, absolute or conditional,

voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and

includes payment of money, release, lease, license, and creation of a lien or other encumbrance.

     (13)(17) "Valid lien" means a lien that is effective against the holder of a judicial lien

subsequently obtained by legal or equitable process or proceedings.


 

 

 

 

 

66

Section

Amend Chapter Numbers:

 

6-16-2

141 and 236

 

 

6-16-1. Definitions.

     (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than

the sum of the debtor's assets all of the debtor's assets at a fair valuation.

     (b) A debtor who is generally not paying his or her the debtor's debts as they become due

other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes

on the party against whom the presumption is directed the burden of proving that the

nonexistence of insolvency is more probable than its existence.

     (c) A partnership is insolvent under subsection (a) if the sum of the partnership's debts is

greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the

excess of the value of each general partner's nonpartnership assets over the partner's

nonpartnership debts.

     (d)(c) Assets under this section do not include property that has been transferred,

concealed, or removed with intent to hinder, delay, or defraud creditors or that have been

transferred in a manner making the transfer voidable under this chapter.

     (e)(d) Debts under this section do not include obligations to the extent they are secured

by a valid lien on property of the debtor not included as an asset.


 

67)

Section

Amend Chapter Numbers:

 

6-16-4

141 and 236

 

 

6-16-4. Transfers voidable as to present and future creditors.

     (a) A transfer made or obligation incurred by a debtor is fraudulent voidable as to a

creditor, whether the creditor's claim arose before or after the transfer was made or the obligation

was incurred, if the debtor made the transfer or incurred the obligation:

     (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or

     (2) Without receiving a reasonably equivalent value in exchange for the transfer or

obligation, and the debtor:

     (i) Was engaged or was about to engage in a business or a transaction for which the

remaining assets of the debtor were unreasonably small in relation to the business or transaction;

or

     (ii) Intended to incur, or believed or reasonably should have believed that he or she the

debtor would incur, debts beyond his or her the debtor's ability to pay as they became due.

     (b) In determining actual intent under subsection (a) (1) of this section, consideration may

be given, among other factors, to whether:

     (1) The transfer or obligation was to an insider;

     (2) The debtor retained possession or control of the property transferred after the transfer;

     (3) The transfer or obligation was disclosed or concealed;

     (4) Before the transfer was made or obligation was incurred, the debtor had been sued or

threatened with suit;

     (5) The transfer was of substantially all the debtor's assets;

     (6) The debtor absconded;

     (7) The debtor removed or concealed assets;

     (8) The value of the consideration received by the debtor was reasonably equivalent to

the value of the asset transferred or the amount of the obligation incurred;

     (9) The debtor was insolvent or became insolvent shortly after the transfer was made or

the obligation was incurred;

     (10) The transfer occurred shortly before or shortly after a substantial debt was incurred;

and

     (11) The debtor transferred the essential assets of the business to a lienor who transferred

the assets to an insider of the debtor.

     (c) A creditor making a claim for relief under subsection (a) of this section has the burden

of proving the elements of the claim for relief by a preponderance of the evidence.


  

68

Section

Amend Chapter Numbers

 

6-16-5

141 and 236

 

 

6-16-5. Transfers or obligations voidable as to present creditors.

     (a) A transfer made or obligation incurred by a debtor is fraudulent voidable as to a

creditor whose claim arose before the transfer was made or the obligation was incurred if the

debtor made the transfer or incurred the obligation without receiving a reasonably equivalent

value in exchange for the transfer or obligation and the debtor was insolvent at that time or the

debtor became insolvent as a result of the transfer or obligation.

     (b) A transfer made by a debtor is fraudulent voidable as to a creditor whose claim arose

before the transfer was made if the transfer was made to an insider for an antecedent debt; the

debtor was insolvent at that time; and the insider had reasonable cause to believe that the debtor

was insolvent.

     (c) Subject to �16-16-2(b), a creditor making a claim for relief under subsection (a) or (b)

of this section has the burden of proving the elements of the claim for relief by a preponderance

of the evidence.


 

69)

Section

Amend Chapter Numbers:

 

6-16-5.1

141 and 236

 

 

6-16-5.1. Transfers voidable as to depository creditors of financial institutions closed by proclamation of the governor dated January 1, 1991 - Remedies.

     (a) A transfer made or obligation incurred by any financial institution closed by

proclamation of the governor dated January 1, 1991, is fraudulent voidable as to any depository

creditor of record of any such financial institution as of January 1, 1991, if the transfer or

obligation involved either:

     (1) The withdrawal of deposits from the financial institution by any officer, director, or

employee of the financial institution or of the Rhode Island share and deposit indemnity

corporation, with knowledge of the actual or impending insolvency and/or the impending closing

of the financial institution or of the actual or impending insolvency of and/or the actual or

impending cessation of business by the Rhode Island share and deposit indemnity corporation,

and for the purpose of avoiding the loss of funds and/or access to funds in any depository account

in the financial institution;

     (2) The encumbrance of any assets of the financial institution to or for the benefit of any

officer, director, or employee of the financial institution or of the Rhode Island share and deposit

indemnity corporation, with knowledge of the actual or impending insolvency and/or the

impending closing of the financial institution or of the actual or impending insolvency of and/or

the actual and/or impending cessation of business by the Rhode Island share and deposit

indemnity corporation, and for the purpose of avoiding the loss of funds and/or access to funds in

any depository account in the financial institution; or

     (3) A transfer or obligation defined as fraudulent voidable under � 6-16-4 or  6-16-5.

     (b) In addition to any remedies provided by � 6-16-7, (1) any financial institution closed

by proclamation of the governor dated January 1, 1991; (2) any assignees of and successors in

interest to any such financial institution; and (3) any depository creditor of record of any such

financial institution as of January 1, 1991, who suffers monetary loss as a result of a transfer or

conveyance defined as fraudulent voidable under this section or who is otherwise aggrieved by

the transfer or conveyance, shall have a private cause of action at law and in equity against any

officer, director, or employee of the financial institution or of the Rhode Island share and deposit

indemnity corporation to whom the subject transfer was made or to whom or for whose benefit

any assets of the financial institution were encumbered.


 

70)

Section

Amend Chapter Numbers:

 

6-16-6

141 and 236

 

 

6-16-6. When transfer is made or obligation is incurred.

     For the purposes of this chapter:

     (1) A transfer is made:

     (i) With respect to an asset that is real property other than a fixture, but including the

interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so

far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law

permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the

interest of the transferee; and

     (ii) With respect to an asset that is not real property or that is a fixture, when the transfer

is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than

under this chapter that is superior to the interest of the transferee;

     (2) If applicable law permits the transfer to be perfected as provided in subdivision

subsection (1) and the transfer is not so perfected before the commencement of an action for

relief under this chapter, the transfer is deemed made immediately before the commencement of

the action;

     (3) If applicable law does not permit the transfer to be perfected as provided in

subdivision subsection (1), the transfer is made when it becomes effective between the debtor

and the transferee;

     (4) A transfer is not made until the debtor has acquired rights in the asset transferred;

     (5) An obligation is incurred:

     (i) If oral, when it becomes effective between the parties; or

     (ii) If evidenced by a writing record, when the writing executed record signed by the

obligor is delivered to or for the benefit of the obligee.


 

71)

Section

Amend Chapter Numbers:

 

6-16-7

141 and 236

 

 

6-16-7. Remedies of creditor.

     (a) In an action for relief against a transfer or obligation under this chapter, a creditor,

subject to the limitations in � 6-16-8, may obtain:

     (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's

claim;

     (2) An attachment or other provisional remedy against the asset transferred or other

property of the transferee available under applicable law; and in accordance with the procedure

prescribed by applicable statutes and rules of procedure;

     (3) Subject to applicable principles of equity and in accordance with applicable rules of

civil procedure:

     (i) An injunction against further disposition by the debtor or a transferee, or both, of the

asset transferred or of other property;

     (ii) Appointment of a receiver to take charge of the asset transferred or of other property

of the transferee; or

     (iii) Any other relief the circumstances may require.

     (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the

court so orders, may levy execution on the asset transferred or its proceeds.


 

72)

Section

Amend Chapter Numbers:

 

6-16-8

141 and 236

 

 

6-16-8. Defenses, liability, and protection of transferee or obligee.

     (a) A transfer or obligation is not voidable under � 6-16-4(a)(1) against a person who

took in good faith and for a reasonably equivalent value given the debtor or against any

subsequent transferee or obligee.

     (b) Except as otherwise provided in this section, to To the extent a transfer is voidable in

an action by a creditor under � 6-16-7(a)(1), the following rules apply:

     (1) Except as otherwise provided in this section, the creditor may recover judgment for

the value of the asset transferred, as adjusted under subsection (c) of this section, or the amount

necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:

     (1)(i) The first transferee of the asset or the person for whose benefit the transfer was

made; or

     (2)(ii) Any subsequent transferee other than a good faith transferee who took for value or

from any subsequent transferee. An immediate or mediate transferee of the first transferee, other

than:

     (A) A good-faith transferee that took for value; or

     (B) An immediate or mediate good-faith transferee of a person described in subsection

(A) (b)(1)(ii)(A) of this section.

     (2) Recovery pursuant to � 6-16-7(a)(1) or (b) or from the asset transferred or its

proceeds, by levy or otherwise, is available only against a person described in subsection (1)(i)

(b)(1)(i) or (ii) of this section.

     (c) If the judgment under subsection (b) is based upon the value of the asset transferred,

the judgment must be for an amount equal to the value of the asset at the time of the transfer,

subject to adjustment as the equities may require.

     (d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-

faith transferee or obligee, to the extent of the value given the debtor for the transfer or

obligation, is entitled to:

     (1) A lien on or a right to retain any an interest in the asset transferred;

     (2) Enforcement of any an obligation incurred; or

     (3) A reduction in the amount of the liability on the judgment.

     (e) A transfer is not voidable under � 6-16-4(a)(2) or  6-16-5 if the transfer results from:

     (1) Termination of a lease upon default by the debtor when the termination is pursuant to

the lease and applicable law; or

     (2) Enforcement of a security interest in compliance with chapter 9 of title 6A of the

Uniform Commercial Code. Article 9 of the Uniform Commercial Code, other than acceptance of

collateral in full or partial satisfaction of the obligation it secures.

     (f) A transfer is not voidable under � 6-16-5(b):

     (1) To the extent the insider gave new value to or for the benefit of the debtor after the

transfer was made unless except to the extent the new value was secured by a valid lien;

     (2) If made in the ordinary course of business or financial affairs of the debtor and the

insider; or

     (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer

secured present value given for that purpose as well as an antecedent debt of the debtor.

     (g) The following rules determine the burden of proving matters referred to in this

section:

     (1) A party that seeks to invoke ��6-16-8 subsection (a), (d), (e), or (f) has the burden of

proving the applicability of that subsection.

     (2) Except as otherwise provided in subsections ��6-16-8(g)(3) and 6-16-8(g)(4), the

creditor has the burden of proving each applicable element of subsection (b) or (c) of this section.

     (3) The transferee has the burden of proving the applicability to the transferee of

subsections subsection (b)(1)(ii)(A) or (B) of this section.

     (4) A party that seeks adjustment under subsection (c) of this section has the burden of

proving the adjustment.

     (h) Proof of matters referred to in this section is sufficient if established by a

preponderance of the evidence.


 

73)

Section

Amend Chapter Numbers:

 

6-16-9

141 and 236

 

 

6-16-9. Extinguishment of claim for relief.

     A cause of action claim of for relief with respect to a fraudulent transfer or obligation

under this chapter is extinguished unless action is brought:

     (1) Under � 6-16-4(a)(1), within not later than four (4) years after the transfer was made

or the obligation was incurred or, if later, within not later than one year after the transfer or

obligation was or could reasonably have been discovered by the claimant;

     (2) Under � 6-16-4(a)(2) or  6-16-5(a), within not later than four (4) years after the

transfer was made or the obligation was incurred; or

     (3) Under � 6-16-5(b), within not later than one year after the transfer was made or the

obligation was incurred.


 

74)

Section

Amend Chapter Numbers:

 

6-16-12

141 and 236

 

 

6-16-12. Short title.

     This chapter may be cited as the "Uniform Fraudulent Transfer Act" "Uniform Voidable

Transactions Act".


 

 75)

Section

Add Chapter Numbers:

 

6-16-13

141 and 236

 

 

6-16-13. Governing law.

     (a) As used in this section, the following rules determine a debtor's location:

     (1) A debtor who is an individual is located at the individual's principal residence.

     (2) A debtor that is an organization and has only one place of business is located at its

place of business.

     (3) A debtor that is an organization and has more than one place of business is located at

its chief executive office.

     (b) A claim for relief in the nature of a claim for relief under this chapter is governed by

the local law of the jurisdiction in which the debtor is located when the transfer is made or the

obligation is incurred.


 

76)

Section

Add Chapter Numbers:

 

6-16-14

141 and 236

 

 

6-16-14. Application to series organization.

     (a) As used in this section:

     (1) "Protected series" means an arrangement, however denominated, created by a series

organization that, pursuant to the law under which the series organization is organized, has the

characteristics set forth in subsection (a)(2) of this section.

     (2) "Series organization" means an organization that, pursuant to the law under which it

is organized, has the following characteristics:

     (i) The organic record of the organization provides for creation by the organization of one

or more protected series, however denominated, with respect to specified property of the

organization, and for records to be maintained for each protected series that identify the property

of or associated with the protected series.

     (ii) Debt incurred or existing with respect to the activities of, or property of or associated

with, a particular protected series is enforceable against the property of or associated with the

protected series only, and not against the property of or associated with the organization or other

protected series of the organization.

     (iii) Debt incurred or existing with respect to the activities or property of the organization

is enforceable against the property of the organization only, and not against the property of or

associated with a protected series of the organization.

     (b) A series organization and each protected series of the organization is a separate

person for purposes of this chapter, even if for other purposes a protected series is not a person

separate from the organization or other protected series of the organization.


 

77)

Section

Add Chapter Numbers:

 

6-16-15

141 and 236

 

 

6-16-15. Supplementary provisions.

     Unless displaced by the provisions of this chapter, the principles of law and equity,

including the law merchant and the law relating to principal and agent, estoppel, laches, fraud,

misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause,

supplement its provisions.


 

79)

Section

Add Chapter Numbers:

 

6-16-17

141 and 236

 

 

6-16-17. Relation to electronic signatures in global and national commerce act.

This chapter modifies, limits, or supercedes supersedes the Electronic Signatures in

Global and National Commerce Act, 15 U.S.C. �7001 et seq., but does not modify, limit, or

supersede �101(c) of that act, 15 U.S.C. �7001(c), or authorize electronic delivery of any of the

notices described in �103(b) of that act, 15 U.S.C. �7003(b).


 

80)

Section

Amend Chapter Numbers:

 

6-48-5

31 and 33

 

 

6-48-5. Security freeze -- Timing, covered entities, cost.

     (a) (1) A consumer may elect to place a "security freeze" on his or her credit report by

making a request by certified mail to a consumer reporting agency at an address designated by the

consumer reporting agency to receive such requests.

     (2) A consumer reporting agency shall place a security freeze on a consumer's credit

report no later than five (5) business days after receiving from the consumer:

     (i) A written request as described in subsection (a)(1)and

     (ii) Proper identification; and

     (iii) Payment of a fee, if applicable.

     (3) The consumer reporting agency shall send a written confirmation of the security

freeze to the consumer within ten (10) business days of placing the freeze and at the same time

shall provide the consumer with a unique personal identification number, password, or similar

device to be used by the consumer when providing authorization for the release of his or her

credit credit report for a specific period of time, or when permanently removing the freeze.

     (4) If the consumer wishes to allow his or her credit report to be accessed for a specific

period of time while a freeze is in place, he or she shall contact the consumer reporting agency,

using a point of contact designated by the consumer reporting agency, to request that the freeze

be temporarily lifted and provide the following:

     (i) Proper identification;

     (ii) The unique personal identification number or password provided by the consumer

reporting agency pursuant to subsection (a)(3) of this sectionand

     (iii) The proper information regarding the time period for which the report shall be

available to users of the credit report; and

     (iv) A fee if applicable.

     (5) A consumer reporting agency that receives a request from a consumer to temporarily

lift a freeze on a credit report pursuant to subsection (a)(4) of this section shall comply with the

request no later than three (3) business days after receiving the request.

     (6) A consumer reporting agency may develop procedures involving the use of telephone,

fax, or, upon the consent of the consumer in the manner required by the Electronic Signatures in

Global and National Commerce Act, 15 U.S.C. �7001 et seq., hereinafter referred to as ("E-

Sign") for legally required notices, by the Internet internet, e-mail, or other electronic media to

receive and process a request from a consumer to temporarily lift a freeze on a credit report

pursuant to subsection (a)(4) of this section in an expedited manner.

     (7) A consumer reporting agency shall remove or temporarily lift a freeze placed on a

consumer's credit report only in the following cases:

     (i) Upon consumer request, pursuant to subsection (a)(4) or (a)(10) of this section; and

     (ii) If the consumer's credit report was frozen due to a material misrepresentation of fact

by the consumer. If a consumer reporting agency intends to remove a freeze upon a consumer's

credit report pursuant to this paragraph, the consumer reporting agency shall notify the consumer

in writing prior to removing the freeze on the consumer's credit report.

     (8) If a third-party third party requests access to a consumer credit report on which a

security freeze is in effect; and this request is in connection with an application for credit or any

other use; and the consumer does not allow his or her credit report to be accessed; then the third-

party third party may treat the application as incomplete.

     (9) A security freeze shall remain in place until the consumer requests, using a point of

contact designated by the consumer reporting agency, that the security freeze be removed. A

consumer reporting agency shall remove a security freeze within three (3) business days of

receiving a request for removal from the consumer who provides all of the following:

     (i) Proper identification; and

     (ii) The unique personal identification number or password provided by the consumer

reporting agency pursuant to subsection (a)(3) of this section; and

     (iii) A fee, if applicable.

     (10) A consumer reporting agency shall require proper identification of the person

making a request to place or remove a security freeze.

     (11) A consumer reporting agency may not suggest or otherwise state or imply to a third

party that the consumer's security freeze reflects a negative credit score, history, report, or rating.

     (12) The provisions of this section do not apply to the use of a consumer credit report by

any of the following:

     (i) A person, or the person's subsidiary, affiliate, agent, or assignee with which the

consumer has, or prior to assignment, had, an account, contract, or debtor-creditor relationship for

the purposes of reviewing the account or collecting the financial obligation owing for the account,

contract, or debt;

     (ii) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom

access has been granted under subsection (a)(4) of this section for purposes of facilitating the

extension of credit or other permissible use;

     (iii) Any person acting pursuant to a court order, warrant, or subpoena;

     (iv) A state or local agency that administers a program for establishing and enforcing

child support obligations;

     (v) The department of health, or its agents or assigns, acting to investigate fraud;

     (vi) The attorney general, or its agents or assigns, acting to investigate fraud;

     (vii) The division of taxation, or its agents or assigns, acting to investigate or collect

delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities;

     (viii) The use of a credit report by a person for purposes of prescreening as defined by the

federal Fair Credit Reporting Act, 15 U.S.C. � 1681 et. seq.;

     (ix) Any person or entity administering a credit file monitoring subscription service to

which the consumer has subscribed;

     (x) Any person or entity for the purpose of providing a consumer with a copy of his or

her credit report upon the consumer's request; and

     (xi) Any person or entity for use in setting or adjusting a rate, adjusting a claim, or

underwriting for insurance purposes.

     (13) A consumer may be charged a fee of no more than ten dollars ($10.00) for any

security freeze services, including, but not limited to, the placement, temporary lifting, and

permanent removal of a security freeze. The consumer may not be charged for a one-time reissue

of a new personal identification number; provided, however, the consumer may be charged not

more than five dollars ($5.00) for subsequent instances of loss of the personal identification

number. However, a consumer reporting agency may not charge any fee to a victim of identity

theft who has submitted a copy of an incident report from, or a complaint to, a law enforcement

agency or to a consumer who is of sixty-five (65) years of age or older. A consumer may not be

charged a fee for any security freeze service by a consumer report reporting agency.

     (b) Entities not required to place a security freeze.

     The following entities are not required to place a security freeze on a credit report:

     (1) A consumer reporting agency that acts only as a reseller of credit information by

assembling and merging information contained in the database of another consumer reporting

agency or multiple consumer credit reporting agencies and does not maintain a permanent data

base database of credit information from which new consumer credit report reports are

produced. However, a consumer reporting agency acting as a reseller shall honor any security

freeze placed on a consumer credit report by another consumer reporting agency.;

     (2) A check services or fraud prevention services company that issues reports on

incidents of fraud or authorizations for the purpose of approving or processing negotiable

instruments, electronic funds transfers, or similar methods of payments.;

     (3) A deposit account information service company, that issues reports regarding account

closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information

regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a

consumer request for a deposit account at the inquiring bank or financial institution.; and

     (4) Any database or file that consists of any information adverse to the interests of the

consumer, including, but not limited to, criminal record information; personal loss history

information; information used for fraud prevention or detection; tenant screening; and

employment screening.


 

81)

Section

Amend Chapter Numbers:

 

7-16-8

14 and 24

 

 

7-16-8. Filing. [Effective until July 1, 2020.].

     (a) The secretary of state may not accept for filing any document under this chapter that

does not conform with law.

     (b) The secretary of state may not accept for filing any organizational document,

qualification, registration, change of resident agent report, service of process, notice, or other

document until all required filing and other fees have been paid to the secretary of state.

     (c) The secretary of state may not accept for filing any article of dissolution, cancellation

of registration, article of merger, unless the surviving entity is a domestic entity of record with the

office of the secretary of state, or the reinstatement of a limited-liability company's certificate of

organization or registration until all required filing and other fees have been paid to the secretary

of state and all fees and taxes have been paid, as evidenced by an appropriate certificate of good

standing issued by the Rhode Island division of taxation.

     (d) The secretary of state may not accept for filing a certificate of conversion to a non-

Rhode Island entity until all required filing and other fees have been paid to the secretary of state

and all fees and taxes have been paid, as evidenced by an appropriate certificate of good standing

issued by the Rhode Island division of taxation.

     (e) When the secretary of state accepts the articles of organization or a certificate of

registration or any other document filed under this chapter, the secretary of state shall:

     (1) Endorse on the document the date and time of its acceptance for filing;

     (2) Promptly file the document; and

     (3) Issue a certificate or other evidence that establishes:

     (i) That the document was accepted for filing by the secretary of state; and

     (ii) The date and time of the acceptance for filing.

     (f) The document becomes effective upon the issuance of the certificate or other evidence

or at any later date that is set forth within the document, not more than thirty (30) ninety (90) days after the filing of such document.

7-16-8. Filing. [Effective July 1, 2020.].

     (a) The secretary of state may not accept for filing any document under this chapter that

does not conform with law.

     (b) The secretary of state may not accept for filing any organizational document,

qualification, registration, change of resident agent report, service of process, notice, or other

document until all required filing and other fees have been paid to the secretary of state.

     (c) The secretary of state may not accept for filing any article of dissolution, cancellation

of registration, or article of merger until all required filing and other fees have been paid to the

secretary of state and all fees and taxes have been paid.

     (d) The secretary of state may not accept for filing the reinstatement of a limited-liability

company's certificate of organization or registration until all required filing and other fees have

been paid to the secretary of state and all fees and taxes have been paid, as evidenced by an

appropriate certificate of good standing issued by the division of taxation.

     (e) The secretary of state may not accept for filing a certificate of conversion to a non-

Rhode Island entity until all required filing and other fees have been paid to the secretary of state

and all fees and taxes have been paid.

     (f) When the secretary of state accepts the articles of organization or a certificate of

registration or any other document filed under this chapter, the secretary of state shall:

     (1) Endorse on the document the date and time of its acceptance for filing;

     (2) Promptly file the document; and

     (3) Issue a certificate or other evidence that establishes:

     (i) That the document was accepted for filing by the secretary of state; and

     (ii) The date and time of the acceptance for filing.

     (g) The document becomes effective upon the issuance of the certificate or other

evidence or at any later date that is set forth within the document, not more than thirty (30) ninety

(90) days after the filing of such document.


 

82)

Section

Add Chapter Numbers:

 

8-8.3

6 and 7

 

 

CHAPTER 8.3 �

EXTREME RISK PROTECTION ORDERS


 

83)

Section

Add Chapter Numbers:

 

8-8.3-1

6 and 7

 

 

8-8.3-1. Definitions.

     When used in this chapter, the following words and phrases shall have the following

meanings:

     (1) "Court" means the superior court in the county in which the respondent resides.

     (2) "Extreme risk protection order" means either a temporary order or a one-year order

granted under this chapter.

     (3) "Family or household member" means present and former family members (as

defined in � 15-15-1), parents (as defined in � 15-15-1), stepparents, legal guardians, persons who

are or have been in a substantive dating or engagement relationship within the past one year (as

defined in � 15-15-1), and cohabitants (as defined in � 8-8.1-1).

     (4) "Firearm" means and includes any machine gun, pistol, rifle, air rifle, air pistol,

"blank gun,", "BB gun,", or other instrument from which steel or metal projectiles are propelled,

or which that may readily be converted to expel a projectile, except crossbows, recurve,

compound, or longbows, and except instruments propelling projectiles which that are designed or

normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon

shall be construed as a firearm pursuant to the provisions of this section.

     (5) "Law enforcement agency" means the police department of any city or town, and the

division of the Rhode Island state police established pursuant to chapter 28 of title 42.

     (6) "Law enforcement officer" means a sworn member of a law enforcement agency as

defined herein.

     (7) "One-year extreme risk protection order" means an extreme risk protection order

granted pursuant to the provisions of � 8-8.3-5 or renewed pursuant to the provisions of � 8-8.3-7.

     (8) "Petitioner" means a law enforcement agency that petitions for an order pursuant to

this chapter.

     (9) "Respondent" means the person who is identified as the respondent in a petition filed

pursuant to this chapter.

     (10) "Social media" means any cell phoneor internet-based tools and applications that

are used to share and distribute information.

     (11) "Temporary extreme risk protection order" means an extreme risk protection order

issued pursuant to the provisions of � 8-8.3-4.


 

84)

Section

Add Chapter Numbers:

 

8-8.3-2

6 and 7

 

 

8-8.3-2. Filing of petition.

     Proceedings under this chapter shall be filed, heard, and determined in the superior court

of the county in which the respondent resides. Any proceedings under this chapter shall not

preclude any other available civil or criminal remedies. A party filing a petition under this chapter

may do so without payment of any filing fee. There shall be no minimum residence requirements

for the filing of a petition under this chapter. All matters filed under this chapter, as well as any

documents submitted in conjunction with proceedings under this chapter, shall be maintained as

confidential or non-public by the superior court.


 

85)

Section

Add Chapter Numbers:

 

8-8.3-3

6 and 7

 

 

8-8.3-3. Contents of petition.

     (a) A petition for an extreme risk protection order shall be filed only by a law

enforcement agency.

     (b) A petitioner may file a petition with the court requesting an extreme risk protection

order that shall enjoin the respondent from having in their his or her possession, custody, or

control any firearms and shall further enjoin the respondent from purchasing, receiving, or

attempting to purchase or receive, any firearms while the order is in effect. The petitioner shall

concurrently file a sworn affidavit for a search warrant pursuant to chapter 5 of title 12 for the

search of any firearms in the possession, custody, or control of the respondent.

     (c) A petitioner shall file a petition upon receipt of credible information that the

respondent poses a significant danger of causing imminent personal injury to self or others by

having in their his or her custody or control, or by purchasing, possessing, or receiving, a

firearm.

     (d) A petition must state the specific statements, actions, or facts that support the belief

that the respondent poses a significant danger of causing imminent personal injury to self or

others by having in their his or her custody or control, or by purchasing, possessing, or receiving,

a firearm.

     (e) A petition for an extreme risk protection order must be supported by a written

affidavit signed by the petitioner under oath. The petitioner may produce sworn statements or

testimony of other witnesses to support the petition.

     (f) If the petitioner believes there are firearms in the respondent's current ownership,

possession, custody, or control, the petition and search warrant affidavit shall identify the

number, types, and locations of all such firearms, if known.

     (g) A petitioner for an extreme risk protection order, at the time of the filing, shall

identify all known restraining orders, orders of protection, and pending lawsuits, complaints,

petitions, or actions pending, active, or filed within one year prior to the petition involving the

respondent, including, but not limited to, an order entered pursuant to chapter 8.1 of title 8 or

chapter 15 of title 15.


 

86)

Section

Add Chapter Numbers:

 

8-8.3-4

6 and 7

 

 

8-8.3-4. Temporary orders -- Proceedings.

     (a) Upon the filing of a petition under this chapter, the court may enter a temporary order

if the court finds there is probable cause from specific facts shown by the petition that the

respondent poses a significant danger of causing imminent personal injury to self or others by

having in their his or her custody or control, or by purchasing, possessing, or receiving, a firearm

before notice can be served and a hearing held.

     (b) If the court finds probable cause under subsection (a) of this section and from the

sworn affidavit, a search warrant shall issue pursuant to chapter 5 of title 12 for the search for any

firearms in the possession, custody, or control of the respondent. Such The warrant shall be

executed pursuant to chapter 5 of title 12.

     (c) When the court is unavailable after the close of business, a petition and affidavit may

be filed before any available superior court judge.

     (d) Any order and warrant issued under this section, and any documentation in support of

an order and warrant, shall be filed immediately with the clerk of the superior court. The filing

shall have the effect of commencing proceedings under this chapter and invoking the other

provisions of this chapter.

     (e) A temporary extreme risk protection order must include:

     (1) A statement of the grounds supporting the issuance of the order;

     (2) The date and time the order was issued;

     (3) A statement that the order shall continue until such time as a court considers the

petition pursuant to � 8-8.3-5 at a hearing;

     (4) The address of the court that issued the order and in which any responsive pleading

should be filed;

     (5) The date and time of the scheduled hearing;

     (6) The following statement: "To the subject of this protection order: This order will

continue until the hearing scheduled on the date and time noted above. If any of your firearms

have not been seized by the petitioner, you are under an obligation to immediately contact the

petitioner to arrange for the surrender of any other firearms that you own and/or are in your

custody, control, or possession, that have not been seized. You must surrender to the petitioner all

firearms that you own and/or are in your custody, control, or possession, and also immediately

surrender to the licensing authority or the attorney general any concealed carry permit issued to

you pursuant to � 11-47-11 or � 11-47-18. While this order is in effect, it is illegal for you to have

any firearm in your possession, custody, or control or for you to purchase, receive, or attempt to

purchase or receive, any firearm. You may seek the advice of an attorney as to any matter

connected with this order. If you believe you cannot afford an attorney, you are hereby referred to

the public defender for an intake interview, and if eligible, the court shall appoint an attorney for

you.�

     (7) Any temporary extreme risk protection order issued pursuant to this section shall

continue until the time of the hearing pursuant to � 8-8.3-5. If the court continues a hearing

pursuant to � 8-8.3-5, the temporary order shall remain in effect until the next hearing date.

     (f) The court shall schedule a hearing within fourteen (14) days of the issuance of a

temporary extreme risk protection order to determine if a one-year extreme risk protection order

should be issued under this chapter.

     (g) A temporary extreme risk protection order shall be immediately personally served by

the petitioner along with supporting documents that formed the basis of the order, the notice of

hearing, and the petition for the one-year extreme protection order. Alternate Alternative service

shall be in accordance with � 8-8.3-6. Service issued under this section takes precedence over the

service of other documents, unless the other documents are of a similar emergency nature. If

timely personal service cannot be made, the court shall set a new hearing date and shall require

additional attempts at obtaining personal service or permit alternate alternative service as

provided in this chapter.

     (h) If the court declines to issue a temporary extreme risk protection order, the court shall

state in writing the reasons for the denial.


 

87)

Section

Add Chapter Numbers:

 

8-8.3-5

6 and 7

 

 

8-8.3-5. Hearings on petition � Grounds for issuance � Contents of order.

     (a) Upon hearing the matter, if the court finds by clear and convincing evidence that the

respondent poses a significant danger of causing imminent personal injury to self or others by

having in their his or her custody or control, or by purchasing, possessing, or receiving, a

firearm, the court shall issue a one-year extreme risk protection order. An extreme risk protection

order issued by the court shall be for a fixed period of one year, at the expiration of which time

the court may renew the extreme risk protection order as set forth in � 8-8.3-7.

     (b) In determining whether grounds for an extreme risk protection order exist, the court

may consider any or all of the following, including, but not limited to:

     (1) A recent act or threat of violence by the respondent against self or others, regardless

of whether such the act or threat of violence involves a firearm;

     (2) A pattern of acts or threats of violence by the respondent within the past twelve (12)

months, including, but not limited to, acts or threats of violence against self or others;

     (3) The respondent's mental health history;

     (4) Evidence of the respondent's abuse of controlled substances or alcohol;

     (5) Previous violations by the respondent of any court order including, but not limited to,

restraining orders, no-contact orders issued pursuant to chapter 29 of title 12, and protective

orders issued pursuant to chapter 8.1 of title 8 or chapter 15 of title 15;

     (6) Previous extreme risk protection orders issued against the respondent;

     (7) The unlawful, threatening, or reckless use or brandishing of a firearm by the

respondent, including, but not limited to, such act taken or displayed through social media;

     (8) The respondent's ownership of, access to, or intent to possess firearms;

     (9) The respondent's criminal history, including, but not limited to, arrests and

convictions for felony offenses, crimes of violence as defined in � 11-47-2, violent misdemeanor

offenses, crimes involving domestic violence as defined in � 12-29-2, and stalking;

     (10) The history, use, attempted use, or threatened use of physical violence by the

respondent against another person, or the respondent�s history of stalking another person, or

evidence of cruelty to animals by the respondent, including, but not limited to, evidence of

violations or convictions pursuant to the provisions of chapter 1 of title 4; and

     (11) Evidence of recent acquisition or attempts at acquisition of firearms by the

respondent.

     (c) In determining whether grounds for a one-year extreme risk protection order exist, the

court may also consider any other relevant and credible evidence presented by the petitioner,

respondent, and any witnesses they may produce.

     (d) The court may continue a hearing under this section upon a showing of good cause,

including, but not limited to, whether service was effectuated less than seven (7) days from the

date of the scheduled hearing. If the court continues a hearing under this subsection in a matter in

which a temporary extreme risk protection order has been issued under � 8-8.3-4, the temporary

extreme risk protection order shall remain in effect until the next hearing date.

     (e) During the hearing the court may consider whether a mental health evaluation or

substance abuse evaluation is appropriate, and may recommend that the respondent seek such the

evaluation if appropriate.

     (f) An extreme risk protection order must include:

     (1) A statement of the grounds supporting the issuance of the order;

     (2) The date and time the order was issued;

     (3) The date and time the order expires;

     (4) Information pertaining to any recommendation by the court for mental health and/or

substance abuse evaluations, if applicable;

     (5) The address of the court that issued the order and in which any responsive pleading

should be filed; and

     (6) The following statement: "To the subject of this protection order: This order will

continue until the date and time noted above unless terminated earlier by court order. If any of

your firearms have not been seized by the petitioner, you are under an obligation to immediately

contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in

your custody, control, or possession, that have not been seized. You must surrender to the

petitioner all firearms that you own and/or are in your in your custody, control, or possession, and

also immediately surrender to the licensing authority or the attorney general any concealed carry

permit issued to you pursuant to � 11-47-11 or � 11-47-18. While this order is in effect, it is

illegal for you to have any firearm in your possession, custody, or control or for you to purchase,

receive, or attempt to purchase or receive, any firearm. You have the right to request one hearing

to terminate this order within each twelve-(12) month (12) period that this order, or any renewal

order, is in effect. You may seek the advice of an attorney as to any matter connected with this

order. If you believe you cannot afford an attorney, you are hereby referred to the public defender

for an intake interview, and if eligible, the court shall appoint an attorney for you.�

     (g) Upon the issuance of a one-year extreme risk protection order, the court shall inform

the respondent that they are he or she is entitled to request termination of the order in the manner

prescribed by � 8-8.3-7. The court shall provide the respondent with a form to request a

termination hearing. The court shall also schedule a review hearing of the matter, which hearing

shall be scheduled within thirty (30) calendar days before the date the one-year extreme risk

protection order is set to expire.

     (h) If the court declines to issue a one-year extreme risk protection order, the court shall

state in writing the particular reasons for the court's denial and shall also order the return of

weapons to the respondent. Such The return should be effectuated consistent with the provisions

of � 8-8.3-8.


 

88)

Section

Add Chapter Numbers:

 

8-8.3-6

6 and 7

 

 

8-8.3-6. Service of one-year extreme risk protection orders.

     (a) A one-year extreme risk protection order issued under this chapter shall be personally

served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may

request the assistance of the state police with such the service as needed. If the division of

sheriffs cannot complete service of the one-year extreme risk protection order upon the

respondent within seven (7) days of the order's issuance, the deputy sheriff shall notify the

petitioner and the court. The petitioner shall then seek an order for alternate alternative service

pursuant to this chapter.

     (b) If the court determines that after diligent effort, personal service on the respondent

with or of any documents as required pursuant to this chapter cannot be made, then the court may

order an alternate alternative method of service designed to give reasonable notice to the

respondent. Alternative service may include, but shall not be limited to: service by certified and

regular mail at respondent's last-known address or place of employment; leaving copies at the

respondent's dwelling or usual place of abode with a person of suitable age and discretion

residing therein; or by affixing a summons to the door of the respondent's residence. Provided,

due to the nature of these proceedings, notice shall not be given by publication in a newspaper.

     (c) In the event personal service of any order, notice, or other document issued pursuant

to this chapter cannot be obtained, the court shall have discretion to continue any extreme risk

protection order, and hearing thereon, as the court deems appropriate, until service can be made

upon the respondent.

     (d) Upon receipt of alternate alternative service of any order, notice, or other document

issued pursuant to this chapter, the respondent shall comply with the order, notice, or document as if personally served.


 

89)

Section

Add Chapter Numbers:

 

8-8.3-7

6 and 7

 

 

8-8.3-7. Termination � Expiration � Renewal of orders.

     (a) Termination of order. The respondent may submit a single written request for a

hearing to terminate a one-year extreme risk protection order issued under this chapter within the

twelve-(12) month (12) period that the order, or any renewal order, is in effect.

     (1) Upon receipt of the request for a hearing to terminate a one-year extreme risk

protection order, the court shall set a date for a hearing. The respondent shall cause a copy of the

notice of the request to be served on the original petitioner. A hearing on this motion shall be

scheduled not later than thirty (30) days from the date of filing the request.

     (2) At a hearing to terminate a one-year extreme risk protection order prior to its

scheduled date of expiration, the respondent shall have the burden of proving by clear and

convincing evidence that the respondent does not pose a significant danger of causing imminent

personal injury to self or others by having a firearm in their his or her custody or control, or by

purchasing, possessing, or receiving, a firearm. The court may consider any relevant evidence,

including evidence of the considerations enumerated in � 8-8.3-5. In addition, the court may

consider whether the respondent complied with the court�s recommendation that the respondent

undergo a mental health and/or substance abuse evaluation.

     (3) If the court finds after the hearing that the respondent has met their his or her burden

by clear and convincing evidence, the court shall terminate the one-year order and order return of

the firearms consistent with the provisions of � 8-8.3-8.

     (b) Notice of impending expiration. The original petitioner shall notify in writing all

interested parties, including but not limited to family or household members of the respondent, of

the impending expiration of any one-year extreme risk protection order within fourteen (14)

calendar days before the date the order expires.

     (c) Motion for renewal of order. The petitioner may by motion request a renewal of a

one-year extreme risk protection order at any time within fourteen (14) calendar days before the

date the order expires.

     (1) Upon receipt of a motion to renew a one-year extreme risk protection order, the court

shall order that a hearing be held not later than fourteen (14) days from the date the motion is

filed. The respondent shall be personally served with notice of the motion, unless otherwise

ordered by the court.

     (2) In determining whether to renew a one-year extreme risk protection order under this

section, the court shall consider all relevant evidence presented by the petitioner and follow the

same procedures provided in � 8-8.3-5. The court may also consider whether the respondent

complied with any court recommendation for a mental health and/or substance abuse evaluation.

     (3) If the court finds by clear and convincing evidence that the requirements for issuance

of a one-year extreme risk protection order as provided in � 8-8.3-5 continue to be met, the court

shall renew the order for another year. Further, if, after notice, the motion for renewal is

uncontested and the petitioner seeks no modification of the order, the order may be renewed on

the basis of the petitioner's motion and affidavit stating that there has been no material change in

relevant circumstances since entry of the order which that is subject to renewal.

     (4) A renewal of a one-year extreme risk protection order shall be for another fixed

period of one year, subject to termination as provided in subsection (a) of this section or future

renewal by order of the court pursuant to this subsection.


 

90)

Section

Add Chapter Numbers:

 

8-8.3-8

6 and 7

 

 

8-8.3-8. Firearms return �- Disposal.

     (a) Any firearm seized or surrendered in accordance with this chapter shall be returned to

the respondent upon their his or her request, within ten (10) days, when:

     (1) The respondent produces documentation issued by the court indicating that any

extreme risk protective order issued pursuant to this chapter has expired, terminated, or has not

been renewed. Respondent shall not be required to acquire any additional court order granting

the return of seized or surrendered firearms; and

     (2) The law enforcement agency in possession of the firearms conducts a national

criminal records check and determines that the respondent is not otherwise prohibited from

possessing a firearm under state or federal law.

     (b) A law enforcement agency shall, if requested by the court or the petitioner, provide

prior notice to any interested party, including but not limited to family or household members of

the respondent, of the impending return of a firearm to a respondent, in the manner provided in �

8-8.3-6.

     (c) Upon written request of the respondent, any law enforcement agency storing

firearm(s) shall transfer possession of the firearm(s) to a federally licensed firearms dealer, who

or that may be designated by the respondent if so desired.

     (1) The respondent may instruct the federally licensed firearms dealer designated by the

respondent where applicable to sell the firearm(s) or to transfer ownership or possession in

accordance with state and federal law, to a qualified named individual who is not a member of the

person's dwelling house, and who is not prohibited from possessing firearms under state or

federal law. The owner of any firearm(s) sold shall receive any financial value received from their

its sale, less the cost associated with taking possession of, storing, and transferring of the

firearm(s).

     (2) Any individual to whom possession of a firearm(s) is transferred pursuant to this

subsection shall be prohibited from transferring or returning any firearm(s) to the respondent

while the extreme risk protective order is in effect and shall be informed of this prohibition. Any

knowing violation of this subsection is a felony which that shall be punishable by imprisonment

for a term of not more than five (5) years, or by a fine of not more than one thousand dollars

($1,000), or both.

     (3) An individual to whom possession of a firearm(s) is transferred pursuant to this

subsection shall only return a firearm(s) to the respondent if the respondent provides court

documentation that the extreme risk protection order issued pursuant to this chapter has expired

or been withdrawn or terminated, and has not been renewed.

     (d) The Rhode Island state police are authorized to develop rules and procedures

pertaining to the storage and return of firearms seized by or surrendered to the local law

enforcement agency or the state police pursuant to the provisions of this chapter or chapter 8.1 of

title 8. The state police may consult with the Rhode Island Police Chiefs' Association in

developing rules and procedures to effectuate this section.


 

91)

Section

Add Chapter Numbers:

 

8-8.3-9

6 and 7

 

 

8-8.3-9. Reporting of orders.

     (a) The clerk of the court shall enter any one-year extreme risk protection order or

temporary extreme risk protection order issued pursuant to this chapter into a statewide judicial

information system on the same day such the order is issued.

     (b) The clerk of the court shall forward a copy of any order issued, renewed, or

terminated under this chapter the same day such the order is issued to the appropriate law

enforcement agency specified in the order and the attorney general.

     (1) Upon receipt of the copy of an extreme risk protection order, the attorney general

shall enter the order into:

     (i) The national instant criminal background check system National Instant Criminal

Background Check System, also known as the NICS database;

     (ii) All federal or state computer-based systems and databases used by law enforcement

or others to identify prohibited purchasers of firearms; and

     (iii) All computer-based criminal intelligence information systems and databases

available in this state used by law enforcement agencies.

     (2) The order must remain in each system for the period stated in the order, and the law

enforcement agency shall only remove orders from the systems upon notice that they have been

terminated or expired. Entry into the computer-based criminal intelligence information system

constitutes notice to all law enforcement agencies of the existence of the order. The order shall be

fully enforceable in any city or town in the state.

     (c) The issuing court shall, within three (3) business days after issuance of a one-year

extreme risk protection order or temporary extreme risk protection order, forward a copy of the

respondent's driver's license, or comparable information, along with the date of order issuance, to

the attorney general and the appropriate licensing authority. Upon receipt of the information, the

attorney general or the appropriate licensing authority shall determine if the respondent has a

concealed carry permit. If the respondent does have a concealed carry permit, the attorney general

or the appropriate licensing authority shall immediately revoke the license.

     (d) If any extreme risk protection order is terminated before its expiration date, the clerk

of the court shall forward, on the same day, a copy of the termination order to the office of the

attorney general and the petitioner. Upon receipt of the order, the attorney general shall promptly

remove the order from any computer-based system into which it was entered pursuant to

subsection (b) of this section.


 

92)

Section

Add Chapter Numbers:

 

8-8.3-10

6 and 7

 

 

8-8.3-10. Penalties.

     (a) Any violation of any extreme risk protection order shall subject the violator to being

found in contempt of court. The contempt order shall not be exclusive and shall not preclude any

other available civil or criminal remedies.

     (b) Any violation of an extreme risk protection order issued under this chapter of which

the respondent has actual notice shall be a felony and, upon conviction, shall be punished by

imprisonment for not more than ten (10) years, or a fine of not more than ten thousand dollars

($10,000), or both.

     (c) Filing a petition or providing information pursuant to this chapter knowing the

information in or for such petition to be materially false, or with intent to harass the respondent,

shall be a felony that shall be punished by imprisonment for not more than five (5) years, or a fine

of not more than five thousand dollars ($5,000), or both.


 

93)

Section

Add Chapter Numbers:

 

8-8.3-11

6 and 7

 

 

8-8.3-11. Liability.

     Except as provided in �� 8-8.3-8 and 8-8.3-10, this chapter does not impose criminal or

civil liability on a law enforcement agency, law enforcement officer, or the attorney general or a

member of that department, for acts or omissions related to obtaining any extreme risk protection

order including, but not limited to, reporting, declining to report, investigating, declining to

investigate, filing, or declining to file a petition under this chapter.


 

94)

Section

Add Chapter Numbers:

 

8-8.3-12

6 and 7

 

 

8-8.3-12. Required notice on orders � Confidentiality of proceedings.

     (a) Any extreme risk protection order form shall include, in a conspicuous location,

notice of penalties resulting from violation of the order, and the following statement: "You have

the sole responsibility to avoid or refrain from violating this order's provisions. Only the court can

change the order and only upon written application."

     (b) All filings, petitions, orders, warrants, affidavits, evidence, and any other document

filed pursuant to this chapter shall be deemed confidential documents and shall not be available

for public inspection or disclosure absent a court order. This section shall not prohibit the entry of

orders into appropriate databases as required pursuant to � 8-8.3-9.


 

95)

Section

Add Chapter Numbers:

 

8-8.3-13

6 and 7

 

 

8-8.3-13. Appeal.

     Any order under this chapter shall remain in effect during the pendency of an appeal to

the supreme court unless the order is stayed by a justice of the supreme court.


 

96)

Section

Add Chapter Numbers:

 

8-8.3-14

6 and 7

 

 

8.3-14. Severability.

     If any section of this chapter or its application to any person or circumstance is held

invalid by a court of competent jurisdiction, the remainder of the chapter and the application of

the section to other persons or circumstances shall not be affected. The invalidity or

unconstitutionality of any section or sections or part of any section or sections of this chapter

shall not affect the validity of the remainder of this chapter and to this end the sections of this

chapter are severable.


 

97)

Section

Add Chapter Numbers:

 

8-19-7

164 and 270

 

 

8-19-7. Confidential communications.

     No interpreter/transliterator appointed pursuant to this chapter to interpret or translate for

limited-English-proficient persons in proceedings before the state courts in Rhode Island shall be

called upon to testify concerning any statement(s) made to them in connection with the

interpreter's or transliterator's interpretation or transliteration without the consent of the person

making the statement or unless compelled by court order.


 

98)

Section

Amend Chapter Numbers:

 

9-1-14.1

154 and 273

 

 

9-1-14.1. Limitation on malpractice actions.

     Notwithstanding the provisions of �� 9-1-13 and 9-1-14, an action for medical,

veterinarian, accounting, or insurance or real estate agent or broker malpractice shall be

commenced within three (3) years from the time of the occurrence of the incident which that

gave rise to the action; provided, however, that:

     (1) One who is under disability by reason of age, mental incompetence, or otherwise, and

on whose behalf no action is brought within the period of three (3) years from the time of the

occurrence of the incident, shall bring the action within three (3) years from the removal of the

disability the action at any time up to twenty-one (21) years of age.

     (2) One who is under disability by reason of mental incompetence, or otherwise, and on

whose behalf no action is brought within the period of three (3) years from the time of the

occurrence of the incident, shall bring the action within three (3) years from the removal of the

disability.

     (2)(3) In respect to those injuries or damages due to acts of medical, veterinarian,

accounting, or insurance or real estate agent or broker malpractice which that could not in the

exercise of reasonable diligence be discoverable at the time of the occurrence of the incident

which that gave rise to the action, suit shall be commenced within three (3) years of the time that

the act or acts of the malpractice should, in the exercise of reasonable diligence, have been

discovered.


 

99)

Section

Amend Chapter Numbers:

 

9-1.1-3

155 and 257

 

 

9-1.1-3. Liability for certain acts.

     (a) Any person who:

     (1) Knowingly presents, or causes to be presented, a false or fraudulent claim for

payment or approval;

     (2) Knowingly makes, uses, or causes to be made or used, a false record or statement

material to a false or fraudulent claim;

     (3) Conspires to commit a violation of subdivisions 9-1.1-3(1), (2), (3), (4), (5), (6) or (7)

subsection (a)(1), (a)(2), (a)(4), (a)(5), (a)(6), or (a)(7);

     (4) Has possession, custody, or control of property or money used, or to be used, by the

state and knowingly delivers, or causes to be delivered, less property than all of that money or

property;

     (5) Is authorized to make or deliver a document certifying receipt of property used, or to

be used, by the state and, intending to defraud the state, makes or delivers the receipt without

completely knowing that the information on the receipt is true;

     (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property

from an officer or employee of the state, or a member of the guard, who lawfully may not sell or

pledge the property; or

     (7) Knowingly makes, uses, or causes to be made or used, a false record or statement

material to an obligation to pay or transmit money or property to the state, or knowingly conceals

or knowingly and improperly avoids or decreases an obligation to pay or transmit money or

property to the state; is liable to the state for a civil penalty of not less than five thousand five

hundred dollars ($5,500) and not more than eleven thousand dollars ($11,000) in an amount equal

to the civil penalty set forth in the Federal False Claims Act, following the Federal Civil Penalties

Inflation Agreement Act of 1990, (31 U.S.C. � 3729(a)), Pub. L. No. 101-410 section 5, 104 Stat.

891, note following 28 U.S.C. section 2461, as amended and annually adjusted by the Federal

Civil Penalties Inflation Adjustment Improvements Act of 2015, plus three (3) times the amount

of damages which the state sustains because of the act of that person. A person violating this

subsection (a) shall also be liable to the state for the costs of a civil action brought to recover any

such penalty or damages.

     (b) Definitions. For purposes of this section:

     (1)(2) "Knowing" and "knowingly" means that a person with respect to information:

     (i) Has actual knowledge of the information;

     (ii) Acts in deliberate ignorance of the truth or falsity of the information;

     (iii) Acts in reckless disregard of the truth or falsity of the information; and

     (iv) Requires no proof of specific intent to defraud.

     (2)(1) "Claim" means any request or demand, whether under a contract or otherwise, for

money or property and whether or not the state has title to the money or property, that:

     (i) Is presented to an officer, employee, or agent of the state; or

     (ii) Is made to a contractor, grantee, or other recipient, if the money or property is to be

spent or used on the state's behalf or advance a state program or interest, and if the state:

     (A) Provides or has provided any portion of the money or property requested or

demanded; or

     (B) Will reimburse such the contractor, grantee, or other recipient for any portion of the

money or property which that is requested or demanded; and

     (iii) Does not include requests or demands for money or property that the state has paid to

an individual as compensation for state employment or as an income subsidy with no restrictions

on that individual's use of the money or property;

     (3)(4) "Obligation" means an established duty, whether or not fixed, arising from an

express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based

or similar relationship, from statute or regulation, or from the retention of any overpayment; and

     (4)(3) �Material" means having a natural tendency to influence, or be capable of

influencing, the payment or receipt of money or property.

     (c) Exclusion. This section does not apply to claims, records, or statements made under

the Rhode Island personal income tax law contained in Rhode Island general laws chapter 44-30

chapter 30 of title 44.


 

100)

Section

Amend Chapter Numbers:

 

9-1.1-4

155 and 257

 

 

9-1.1-4. Civil actions for false claims.

     (a) Responsibilities of the attorney general and solicitor. The attorney general or solicitor

diligently shall investigate a violation under � 9-1.1-3 of this section. If under this section the

attorney general or solicitor finds that a person has violated or is violating � 9-1.1-3, the attorney

general or solicitor may bring a civil action under this section against the person.

     (b) Actions by private persons.

     (1) A person may bring a civil action for a violation of � 9-1.1-3 for the person and for

the state. The action shall be brought in the name of the state. The action may be dismissed only

if the court and the attorney general give written consent to the dismissal and their reasons for

consenting.

     (2) A copy of the complaint and written disclosure of substantially all material evidence

and information the person possesses shall be served on the state upon the attorney general. The

complaint shall be filed in camera,; shall remain under seal for at least sixty (60) days,; and shall

not be served on the defendant until the court so orders. The state may elect to intervene and

proceed with the action within sixty (60) days after it receives both the complaint and the material

evidence and information.

     (3) The state may, for good cause shown, move the court for extensions of the time

during which the complaint remains under seal under paragraph (2) subsection (b)(2). Any such

motions may be supported by affidavits or other submissions in camera. The defendant shall not

be required to respond to any complaint filed under this section until twenty (20) days after the

complaint is unsealed and served upon the defendant.

     (4) Before the expiration of the sixty-(60) day (60) period or any extensions obtained

under paragraph (3) subsection (b)(3), the state shall:

     (i) Proceed with the action, in which case the action shall be conducted by the state; or

     (ii) Notify the court that it declines to take over the action, in which case the person

bringing the action shall have the right to conduct the action.

     (5) When a person brings an action under this subsection (b), no person other than the

state may intervene or bring a related action based on the facts underlying the pending action.

     (c) Rights of the parties to Qui Tam qui tam actions.

     (1) If the state proceeds with the action, it shall have the primary responsibility for

prosecuting the action, and shall not be bound by an act of the person bringing the action. Such

The person shall have the right to continue as a party to the action, subject to the limitations set

forth in paragraph (2) subsection (c)(2).

     (2)(A)(i) The state may dismiss the action notwithstanding the objections of the person

initiating the action if the person has been notified by the state of the filing of the motion and the

court has provided the person with an opportunity for a hearing on the motion.

     (i)(ii) The state may settle the action with the defendant notwithstanding the objections of

the person initiating the action if the court determines, after a hearing, that the proposed

settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good

cause, such hearing may be held in camera.

     (ii)(iii) Upon a showing by the state that unrestricted participation during the course of

the litigation by the person initiating the action would interfere with or unduly delay the state's

prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the

court may, in its discretion, impose limitations on the person's participation, such as:

     (A) Limiting the number of witnesses the person may call:;

     (B) Limiting the length of the testimony of such witnesses;

     (C) Limiting the person's cross-examination of witnesses; or

     (D) Otherwise limiting the participation by the person in the litigation.

     (iii)(iv) Upon a showing by the defendant that unrestricted participation during the course

of the litigation by the person initiating the action would be for purposes of harassment or would

cause the defendant undue burden or unnecessary expense, the court may limit the participation

by the person in the litigation.

     (3) If the state elects not to proceed with the action, the person who initiated the action

shall have the right to conduct the action. If the state so requests, it shall be served with copies of

all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at

the state's expense). When a person proceeds with the action, the court, without limiting the status

and rights of the person initiating the action, may nevertheless permit the State state to intervene

at a later date upon a showing of good cause.

     (4) Whether or not the state proceeds with the action, upon a showing by the state that

certain actions of discovery by the person initiating the action would interfere with the state's

investigation or prosecution of a criminal or civil matter arising out of the same facts, the court

may stay such discovery for a period of not more than sixty (60) days. Such a showing shall be

conducted in camera. The court may extend the sixty-(60) day (60) period upon a further showing

in camera that the state has pursued the criminal or civil investigation or proceedings with

reasonable diligence and any proposed discovery in the civil action will interfere with the

ongoing criminal or civil investigation or proceedings.

     (5) Notwithstanding subsection (b), the state may elect to pursue its claim through any

alternate remedy available to the state, including any administrative proceeding to determine a

civil money penalty. If any such alternate remedy is pursued in another proceeding, the person

initiating the action shall have the same rights in such that proceeding as such the person would

have had if the action had continued under this section. Any finding of fact or conclusion of law

made in such the other proceeding that has become final shall be conclusive on all parties to an

action under this section. For purposes of the preceding sentence, a finding or conclusion is final

if it has been finally determined on appeal to the appropriate court,; if all time for filing such an

appeal with respect to the finding or conclusion has expired,; or if the finding or conclusion is not

subject to judicial review.

     (d) Award to Qui Tam qui tam plaintiff.

     (1) If the State state proceeds with an action brought by a person under this section

subsection 9-1.1-4(b) � 9-1.1-4such the person shall, subject to the second sentence of this

paragraph, receive at least fifteen percent (15%) but not more than twenty-five percent (25%) of

the proceeds of the action or settlement of the claim, depending upon the extent to which the

person substantially contributed to the prosecution of the action. Where the action is one which

that the court finds to be based primarily on disclosures of specific information (other than

information provided by the person bringing the action) relating to allegations or transactions in a

criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's

auditor general's report, hearing, audit, or investigation, or from the news media, the court may

award such those sums as it considers appropriate, but in no case more than ten percent (10%) of

the proceeds, taking into account the significance of the information and the role of the person

bringing the action in advancing the case to litigation. Any payment to a person under the first or

second sentence of this paragraph (1) subsection (d)(1) shall be made from the proceeds. Any

such The person shall also receive an amount for reasonable expenses which that the court finds

to have been necessarily incurred, plus reasonable attorneys' fees and costs. The state shall also

receive an amount for reasonable expenses which the court finds to have been necessarily

incurred by the attorney general, including reasonable attorneys' fees and costs, and the amount

received shall be deposited in the false claims act fund created under this chapter. All such

expenses, fees, and costs shall be awarded against the defendant.

     (2) If the state does not proceed with an action under this section, the person bringing the

action or settling the claim shall receive an amount which the court decides is reasonable for

collecting the civil penalty and damages. The amount shall be not less than twenty-five percent

(25%) and not more than thirty percent (30%) of the proceeds of the action or settlement and shall

be paid out of such the proceeds. Such The person shall also receive an amount for reasonable

expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees

and costs. All such expenses, fees, and costs shall be awarded against the defendant.

     (3) Whether or not the state proceeds with the action, if the court finds that the action was

brought by a person who planned and initiated the violation of � 9-1.1-3 upon which the action

was brought, then the court may, to the extent the court considers appropriate, reduce the share of

the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of

this subsection (d) subsection (d)(1) or (d)(2), taking into account the role of that person in

advancing the case to litigation and any relevant circumstances pertaining to the violation. If the

person bringing the action is convicted of criminal conduct arising from his or her role in the

violation of � 9-1.1-3, that person shall be dismissed from the civil action and shall not receive

any share of the proceeds of the action. Such The dismissal shall not prejudice the right of the

state to continue the action.

     (4) If the state does not proceed with the action and the person bringing the action

conducts the action, the court may award to the defendant its reasonable attorneys' fees and

expenses if the defendant prevails in the action and the court finds that the claim of the person

bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of

harassment.

     (e) Certain actions barred.

     (1) No court shall have jurisdiction over an action brought by a former or present member

of the guard under this section subsection 9-1.1-4(b) � 9-1.1-4(actions by private persons) against

a member of the guard arising out of such the person's service in the guard.

     (2) No court shall have jurisdiction over an action brought pursuant to subsection (b) 9-

1.1-4(b) (actions by private persons) against the governor, lieutenant governor, the attorney

general, members of the general assembly, a member of the judiciary, the treasurer, secretary of

state, the auditor general, any director of a state agency, and any other individual appointed to

office by the governor if the action is based on evidence or information known to the state when

the action was brought.

     (3) In no event may a person bring an action under subsection 9-1.1-4(b) which that is

based upon allegations or transactions which are the subject of a civil suit or an administrative

civil money penalty proceeding in which the state is already a party.

     (4) (A) The court shall dismiss an action or claim under this section, unless opposed by

the state, if substantially the same allegations or transactions as alleged in the action or claim

where were publically publicly disclosed:

     (i) In a state criminal, civil, or administrative hearing, in which the state or its agents is a

party;

     (ii) In a legislative or auditor general's or other state of Rhode Island report, hearing,

audit, or investigation; or

     (iii) From the news media, unless the action is brought by the attorney general or the

person bringing the action is an original source of the information.

     (B) For purposes of this paragraph, "original source" means an individual who either: (i)

Prior to the public disclosure under subparagraph 9-1.4-4 subsection (e)(4)(A), has voluntarily

disclosed to the state the information on which the allegations or transactions in a claim are

based; or (ii) Who has knowledge that is independent of and materially adds to the publicly

disclosed allegations or transaction, and who has voluntarily provided the information to the state

before filing an action under this section.

     (f) State not liable for certain expenses. The state is not liable for expenses which that a

person incurs in bringing an action under this section.

     (g) Any employee, contractor, agent, or associated others who is discharged, demoted,

suspended, threatened, harassed, or in any other manner discriminated against in the terms and

conditions of employment because of lawful acts done by the employee, contractor, agent, or

associated others in furtherance of an action under this section, or other efforts to stop one or

more violations of this subsection chapter, including investigation for, initiation of, testimony for,

or assistance in an action filed or to be filed under this section, shall be entitled to all relief

necessary to make the employee, contractor, agent, or associated others whole. Such The relief

shall include reinstatement with the same seniority status such the employee, contractor, agent, or

associated others would have had but for the discrimination,; two (2) times the amount of back

pay,; interest on the back pay,; and compensation for any special damages sustained as a result of

the discrimination, including litigation costs and reasonable attorneys' fees. An employee,

contractor, agent, or associated others may bring an action in the appropriate superior court for

the relief provided in this subsection 9-1.1-4(g).

     (h) Limitation on bringing civil action. A civil action under subsection (g) may not be

brought more than three (3) years after the date when the retaliation occurred.


 

101)

Section

Amend Chapter Numbers:

 

9-1.1-5

155 and 257

 

 

9-1.1-5. False claims procedure.

     (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under

� 9-1.1-4, may be served at any place in the state.

     (b) A civil action under � 9-1.1-4 may not be brought:

     (1) More than 6 years after the date on which the violation of � 9-1.1-3 is committed, or

     (2) More than three (3) years after the date when facts material to the right of action are

known or reasonably should have been known by the official of the state charged with

responsibility to act in the circumstances, but in no event more than ten (10) years after the date

on which the violation is committed, whichever occurs last.

     (c) If the state elects to intervene and proceed with an action brought under subsection 9-

1.1-4(i) � 9-1.1-4, the state may file its own complaint or amend the complaint of a person who

has brought an action under � 9-1.1-4 to clarify or add detail to the claims in which the state is

intervening and to add any additional claims with respect to which the state contends it is entitled

to relief. For statute of limitations purposes, any such state pleading shall relate back to the filing

date of the complaint of the person who originally brought the action, to the extent that the claim

of the state arises out of the conduct, transactions, or occurrences set forth, or attempted to be set

forth, in the prior complaint of that person.

     (d) In any action brought under � 9-1.1-4, the state shall be required to prove all essential

elements of the cause of action, including damages, by a preponderance of the evidence.

     (e) Notwithstanding any other provision of law, a final judgment rendered in favor of the

state in any criminal proceeding charging fraud or false statements, whether upon a verdict after

trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the

essential elements of the offense in any action which that involves the same transaction as in the

criminal proceeding and which is brought under subsections  9-1.1-4(a) or 9-1.1-4(b).


 

102)

Section

Amend Chapter Numbers:

 

9-31-2.1

231 and 258

 

 

9-31-2.1. Limitation of damages -- State -- Commuter rail service.

     (a) Agreements between the state and a railroad for the provision of commuter rail

service shall provide that the state shall secure and maintain a liability insurance policy covering

the liability of the state and the railroad for property damage, personal injury, bodily injury, and

death arising out of such the commuter rail service. Such The policy shall name the state as

named insured, and the railroad as an additional insured, shall have policy limits of not less than

seventy-five million dollars ($75,000,000) per occurrence annually and seventy-five million

dollars ($75,000,000) in the aggregate annually, and shall be subject to self-insured retention in

an amount not less than up to seven million five hundred thousand dollars ($7,500,000). In no

event shall the state or the railroad be liable in excess of the coverage limits of such the insurance

policy for any and all claims for damage, whether compensatory or punitive, for property

damage, personal injury, bodily injury, and death arising out of such the commuter rail service.

     (b) For the purposes of this section, the term "railroad" shall include any person, railroad

corporation, or other legal entity in the business of providing rail transportation which that

contracts with the state for the provision of commuter rail services and the term "commuter rail

service", shall include all services performed by a railroad pursuant to a contract with the state in

connection with the transportation of rail passengers including, but not limited to, the operation of

trains, trackage, and equipment, or the construction, reconstruction, or maintenance of railroad

equipment, tracks, and any appurtenant facilities or the provision of trackage rights over lines

owned by any such railroad.


 

103)

Section

Amend Chapter Numbers:

 

11-13-9

232 and 281

 

 

11-13-9. Placing of explosive devices, threats, possession of readily convertible components.

     (a) Every person who, without lawful authority, places a bomb, or other explosive in any

public or private building, or area where persons may lawfully assemble as provided in � 11-11-1

device, or any destructive or incendiary device or substance, or falsely reports the placing of a

bomb, explosive device, or any destructive or incendiary device or substance, shall upon

conviction be imprisoned not less than three (3) years nor more than twenty (20) years and fined

not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).

     (b) Every person who threatens to place a bomb, or other explosive in any public or

private building, or area where persons may lawfully assemble as provided in � 11-11-1, device,

or any destructive or incendiary device or substance, or falsely reports the placing of a bomb, or

other explosive in the building or area device, or any destructive or incendiary device or

substance, shall, upon conviction, be imprisoned not less than one year nor more than ten (10)

years and fined not less than five hundred dollars ($500) nor more than five thousand dollars

($5,000).

     (c) Whoever, without lawful authority, has in their possession or under their control any

bomb, explosive device, or any destructive or incendiary device or substance, or combination of

materials that are readily convertible to a bomb, explosive device, or any destructive or

incendiary device or substance, shall be punished by imprisonment for not less than three (3)

years nor more than twenty (20) years, or by a fine of not less than one thousand dollars ($1,000)

nor more than ten thousand dollars ($10,000), or both.


 

104)

Section

Add Chapter Numbers:

 

11-13-10

232 and 281

 

 

11-13-10. Definitions.

     For purposes of this chapter unless the context otherwise requires:

     (1) "Destructive or incendiary device or substance" means an explosive, article or device

designed or adapted to cause physical harm to persons or property by means of fire, explosion,

deflagration, or detonation and consisting of any substance capable of being ignited, whether or

not contrived to ignite or explode automatically.

     (2) "Explosive" means any chemical compound, mechanical mixture, or device that

contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities,

or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the

compound, mixture, or device, or any part thereof, may cause an explosion; any chemical

compound, mixture, or device, the primary or common purpose of which is to function by

explosion; the term includes, but is not limited to, high and low explosives, black powder,

smokeless powder, pellet powder, initiating explosives, detonators, safety fuses, squibs,

detonating cord, igniter cord, igniters; and other materials which that are classified as Division

1.1, 1.2, 1.3, 1.4, 1.5 or 1.6 explosives by the United States Department of Transportation or

listed pursuant to 18 USC � 841 or 27 CFR 555.23. "Explosive" shall not include a pyrotechnic,

small-arms ammunition, small-arms ammunition primers, smokeless powder and black powders

possessed in quantities allowable by law pursuant to � 23-28.28-5 unless possessed or used for an

illegal purpose.

     (3) "Hoax explosive", "hoax destructive or incendiary device or substance", or "hoax

chemical, biological, or nuclear weapon" means any device, article, or substance that would cause

a person to reasonably believe that such the device, article, or substance is: (i) An explosive; (ii)

A destructive or incendiary device or substance; or (iii) A chemical, biological, or nuclear

weapon, harmful radioactive substance or poison capable of causing bodily injury which that is

actually an inoperable facsimile.

     (4) "Oxidizer" means a substance that yields oxygen readily to stimulate the combustion

of organic matter or other fuel.

     (5) "Places" means to set or put in a particular space.

     (6) "Pyrotechnic" means any commercially manufactured combustible or explosive

composition or manufactured article designed and prepared for the purpose of producing an

audible effect or a visible display including, but not limited to: (i) Fireworks, firecrackers; and

(ii) Flares, fuses and torpedoes, so-called, and similar signaling devices.

     (7) "Readily converted" means any combination of components that have been brought

together in a manner for assembly that is designed or adapted to cause physical harm to persons

or property by means of fire, explosion, deflagration, or detonation but are not yet in a completed

stage. Elements to determine whether an item is "readily converted" include, but are not limited

to: (1)(i) Time required to convert the components; (2)(ii) Ease of conversion; (3)(iii) Expertise

needed; (4)(iv) Necessary equipment; (5)(v) Availability of parts and the ease in which they can

be obtained; (6)(vi) Expense; (7)(vii) Scope to which the item(s) have already been modified; and

(8)(viii) Feasibility.

     (8) "Small-arms ammunition" means any shotgun, rifle, pistol, or revolver cartridge, and

cartridges for propellant-actuated power devices and industrial guns.


 

105)

Section

Amend Chapter Numbers:

 

11-23-6

105 and 111

 

 

11-23-6. Controlled substance transaction resulting in death of minor.

     Any person convicted of the sale who sellsdelivery delivers, or distribution distributes

of a controlled substance, the sale of which would constitute a felony under chapter 28 of title 21,

to a minor, or of knowingly provides providing a controlled substance for sale, delivery, or

distribution to a minor, and death has resulted to the minor because of the ingestion orally, by or

the injection, or by inhalation of the controlled substance, shall be imprisoned for life.


 

106)

Section

Add Chapter Numbers:

 

11-23-7

105 and 111

 

 

11-23-7. Controlled substance delivery resulting in death.

     (a) A person is guilty of a controlled substance delivery resulting in death when, as a

result of an unlawful delivery of a controlled substance in exchange for anything of value to an

adult, death results to that adult because of the ingestion orally, or the injection, or inhalation of

the controlled substance.

     (b) A person is guilty of a controlled substance delivery resulting in death when, as a

result of an unlawful delivery of a controlled substance to another person who subsequently

delivers such controlled substance to an adult, death results to that adult because of the ingestion

orally, or the injection, or inhalation of the controlled substance.

     (c) Those in violation of subsections subsection (a) or (b) of this section, upon

conviction, shall be imprisoned up to life.

     (d) For the purposes of this section only, any person who, in good faith, without malice

and in the absence of evidence of an intent to defraud, seeks medical assistance for someone

experiencing a controlled substance overdose shall not be charged or prosecuted for a violation of

this section, if the evidence for the charge was gained as a result of the seeking of medical

assistance.

     (e) The phrase "in exchange for anything of value" does not apply to the act of sharing a

controlled substance when said the sharing results in the proximate cause of a person's death

under this section.


 

107)

Section

Amend Chapter Numbers:

 

11-37.1-2

157 and 259

 

 

11-37.1-2. Definitions.

     (a)(b) "Aggravated offense" means, and includes, offenses involving sexual penetration

of victims of any age through the use of force, or the threat of use of force, or offenses involving

sexual penetration of victims who are fourteen (14) years of age or under.

     (b)(c) "Board", "board of review", or "sex offender board of review" means the sex

offender board of review appointed by the governor pursuant to � 11-37.1-6.